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HomeMy WebLinkAbout11-09-2010 - PFC - last itemsCITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting November 9, 2010 — 7:00 p.m. I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION - 6:00 p.m. A. Conference with Legal Counsel - Existing' Litigation (Government Code S 54956.9 La)j: Three matters: 1. Status Report on Pending Litigation: We will report on a global basis on all pending litigation involving the City. This is an informational item only. No action, however, may be taken on any item unless it is specifically noticed below. 2. NextG u. City of Newport Beach, USDC Case No. SACV10 -01286 DOC (Jcx). 3. Pike v. City of Newport Beach, USDC Case No. 08 -8580 DSF (RNBx). 4. Montaloo us. City of Newport Beach, OCSC Case No. 30- 2010 - 00414993. B. Conference With Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code $ 54956.9(b)): Two matters: 1. Potential litigation regarding threat of notice of violation from California Coastal Commission for brush clearance allegedly being performed without a Coastal Development Permit on City Sunset Ridge Park property prior to City ownership. 2. Potential litigation over raising mooring fees within the harbor. C. Conference with Labor Negotiators (Government Code S 54957.6): Agency Designated Representatives: Negotiator Bill Avery; Human Resources Director Terri Cassidy Employee Organizations: Newport Beach City Employees Association (CEA); Newport Beach Professional and Technical Employees Association (Prof - Tech); Fire Management Association (FMA) 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 one public employee. Title: City Attorney III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Volume 59 -Page 623 City of Newport Beach City Council Minutes November 9, 2010 V. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Hunt announced that Council authorized 7 -0 to defend Montalvo vs. City of Newport Beach either with outside legal counsel or through the Office of the City Attorney. VII. PLEDGE OF ALLEGIANCE - Council Member Webb VIII. INVOCATION - Reverend Peter D. Haynes Saint Michael and All Angels Episcopal Church 12L PRESENTATION - None X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) Council Member Daigle reported that the Orange County Board of Supervisors voted to extend the Newport Beach Golf Course's lease for ten years and noted how this can assist in the City's efforts with John Wayne Airport (JWA). Mayor Curry announced that he attended the dedication of the completion of the Upper Bay Dredging Project on Saturday, attended the vessel dedication for the OASIS Senior Center, and was presented with an Arbor Day Foundation plaque at a ceremony at Mariners Elementary School. XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE REGULAR MEETING AND STUDY SESSION OF OCTOBER 26, 2010. [100 -2010] Waive reading of subject minutes, approve as written, and order filed. Council Member Gardner requested that her comment on page 602 relative to the Zoning Code be amended to read "invasive" not "evasive" 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. RESOLUTION FOR ADOPTION 3. SUMMARY VACATION OF A PUBLIC SAFETY EASEMENT - 2128 AND 2140 MESA DRIVE. [100 -2010] Adopt Resolution No. 2010 -125 ordering the summary vacation of a 30 -foot public safety easement over a private alley bounded between Mesa Drive and Birch Street. a Volume 59 - Page 624 City of Newport Beach City Council Minutes November 9, 2010 C. CONTRACTS AND AGREEMENTS 4. OASIS PARKING LOT WEST AND FIFTH AVENUE RESURFACING PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4524. 1381100 -20101 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 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. 5. PRINTING SERVICES FOR THE NEWPORT NAVIGATOR AND SUMMER CAMP BROCHURES (C- 4331). [381100 -20101 a) Award printing services for the Newport Navigator and Summer Camp brochures to Trend Offset Printing Services, Inc. ( "Trend "); and b) authorize the City Manager or designee to award up to three (3) additional years of printing services for the Newport Navigator and Summer Camp brochures to Trend with annual price increases based on Consumer Price Index (CPI) and/or paper costs. D. MISCELLANEOUS 6. APPROVAL OF COST -OF- SERVICES RELATED TO HARBOR FEES. Approve the cost -of- services related harbor fees for inclusion in the next fee schedule. 7. ORANGE COUNTY REAL ESTATE FRAUD PROSECUTION TRUST FUND AWARD. Authorize the City Council to accept a $50,000 award granted to the Police Department by the Orange County Real Estate Fraud Prosecution Trust Fund per Council Policies F -3 and F -25. Therefore, to comply with Council Policy F -3, City Council must formally accept the award of $50,000 and create a new appropriation to expend the money. 8. HARBOR AREA MANAGEMENT PLAN (RAMP) - FINAL ADOPTION. Adopt the HAMP as a framework for building integrated and sustainable programs that address the beneficial uses of Newport Harbor. 9. CHAIR OF THE CITIZENS BICYCLE SAFETY COMMITTEE. Appoint Council Member Gardner as the Chair of the Citizens Bicycle Safety Committee. S14. PROPOSED ASSOCIATION OF ORANGE COUNTY CITIES. Direct the City Manager to express the City's formal: 1) Support of a new Association of Orange County Cities as a replacement entity to the Orange County Division of the League of California Cities; and 2) support of the City of Newport Beach's continued membership in the League of California Cities. Motion by Mayor Pro Tem Henn, seconded by Council Member Webb to approve the Consent Calendar; and noting the amendment to Item 1 by Council Member Gardner. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tom Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Council Member Rosansky XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None Volume 59 - Page 625 City of Newport Beach City Council Minutes November 9, 2010 XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Henn reported that the Finance Committee met on Monday and discussed the issuance of bonds in association with the Civic Center project. He also reported that the Economic Development Committee (EDC) heard a presentation from OPIS100 who conducts workshops to assist small businesses understand how to be more successful in this economic time. He announced that the first workshop will be held on January 22, 2011, at 8:30 a.m. in the OASIS meeting room. XV. PUBLIC HEARINGS Without objection, it was the consensus of Council to consider Items 10 and 11 together. 10. ADOPTION OF THE 2010 CALIFORNIA BUILDING CODES. 11. ADOPTION OF THE 2010 FIRE CODE AND THE 2009 INTERNATIONAL FIRE CODE. [100 -20101 Interim Community Development Director Fick noted that a presentation was provided during the study session. He recommended that Council introduce the ordinance to adopt the State mandated provisions of the Building and Fire Codes, include the local amendments that are non - substantive, and continue the prohibition of wood roofs in high fire hazard severity zones. He stated that staff plans to incorporate public input after conducting workshops. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Selich, seconded by Council Member Gardner to a) introduce Ordinance No. 2010 -23 as amended, and pass to a second reading on November 23, 2010; b) adopt Resolution of Findings No. 2010 -127 on November 23, 2010; and c) introduce Ordinance No. 2010 -24 amending Title 9 of the NBMC to adopt the 2010 California Fire Code (Title 24, Part 2 of the California Code of Regulations) and local amendments, and the 2009 International Fire Code; and pass to second reading on November 23, 2010. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Council Member Rosansky 12. CHINA PALACE USE PERMIT (PA2010 -082) - 2800 WEST COAST HIGHWAY - USE PERMIT NO. 2010 -015. [100 -20101 Council Member Rosansky requested that the item be continued. Mayor Curry opened the public hearing. Hearing no public testimony, he closed the public hearing. Motion by Council Member Rosanskv. seconded by Council Member Webb to continue the item to the November 23, 2010 City Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Volume 59 - Page 626 City of Newport Beach City Council Minutes November 9, 2010 Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 13. ANNUAL REVIEW OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA (SLBTS) (PA2008 -199). [68/100- 2010] Associate Planner Brown reviewed the Zoning Agreement's administrative protocol, indicated that the City and Sober Living by the Sea (SLBTS) have agreed to conduct the annual reviews at the second meetings in July, discussed the number of SLBTS facilities in the City, highlighted what code enforcement reviews when conducting inspections, reported that SLBTS's 24 -hour hotline is (949) 554 -1147 and code enforcement can be reached at (949) 644 -3215, and reviewed dispersal of existing facilities and the Villa Way office and meeting facility. She indicated that the only non - compliance item relates to the Villa Way facility not having off -site parking, but reviewed suggested milestones for SLBTS to reach in order to work towards compliance. She concluded by reviewing the recommendations outlined in the staff report. In response to Mayor Pro Tom Henn's questions, City Attorney Hunt indicated that SLBTS has accepted the letter of protocol and noted that it is more inline with Morningside Recovery's protocols. He highlighted some differences between SLBTS's and Morningside Recovery's zoning agreements. He further reviewed SLBTS's efforts to provide off -site parking across from their Villa Way facility. In response to Council Member Gardner's questions regarding violations, Deputy City Attorney Wolcott indicated that the City did not return to the facility to reinspect the facility and ensure that compliance has occurred. She reported that SLBTS submitted an excerpt from their standard protocol, which matches the City's preferred method, and conducted retraining on the preferred method. Mayor Curry opened the public hearing. Ed Dilkes, Sober Living by the Sea (SLBTS) representative, indicated that he and Kathy Sylvia, SLBTS Executive Director, are in attendance to answer any questions. Nancy Harris discussed the history of recovery homes and believed that there will be more of a need for these types of facilities in the future. She hoped that the City does not allow the clustering of recovery homes. Bob Rush asked if the protocols are transferrable to new facility owners or if they would need to be re- established. He suggested creating a secondary agreement that binds current and future parties to the protocol. Denys Oberman noted that some facilities not listed in the staff report are on ADP's website as being operated by SLBTS. Cindy Koller asked if the Seashore Drive facilities can house probationers, who inspects the homes and determines if they are following the protocols, and who should the residents contact. Dennis Kiel asked that the hotline numbers be circulated throughout the community Hearing no further testimony, Mayor Curry closed the public hearing. In response to the residents' questions, City Attorney Hunt stated that he can discuss the issue of protocol transferability with SLBTS. Mayor Pro Tom Henn suggested that the Volume 59 - Page 627 City of Newport Beach City Council Minutes November 9, 2010 City draft a separate document for SLBTS signature that addresses this issue and is binding. Regarding the Via Antibes facility, City Attorney Hunt indicated that the triplex is treated as one facility. He stated that he is not sure about housing probationers, but believed that SLBTS does not market to probationers. He reported that the City staff members involved in the group homes issues are in code enforcement, the Planning Department, the Office of the City Attorney, and the City Manager's Office. He clarified that the violation relative to medical waste involved urine cups and pointed out that the hotline numbers are on the City's website but they will make them more available. Motion by Council Member Webb, seconded by Mayor Pro Tern Henn to a) find that the applicant has demonstrated good faith compliance with all but one term of its Zoning Agreement and establish milestones to address that one term; and b) receive and file documents submitted by SLBTS to demonstrate good faith compliance with the terms of the Zoning Agreement. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XVI. PUBLIC COMMENTS Luis Longyear took issue with two Morningside Recovery facilities being located on Lido Island. He discussed separation of facilities and provided a handout that highlights State requirements. Joel Susky questioned whether the opening of the second facility on Lido Island was heard by a hearing officer and indicated that he did not receive notification if it did. He pointed out that Lido Island has CC &Rs that should be followed. Frank Randall stated that he was a council member in South Pasadena 40 years ago and took up a similar issue; however, they allowed the halfway house because it was provided by a not - for -profit organization and would be in an area that would not cause problems to the residents. Mike Brant - Zawadzki stated that documentation and violations is the first step to enforcement, but pointed out that conflict has arisen between the business, the community, and the clients. He believed that the Lido Island facility is a boarding house, is considered a business, and should comply with all business regulations. Tom Billings thanked the resident associations in their effort to fight this issue. He believed that the Lido Island facility should find a more suitable location and the City should use some of the Civic Center project money to building group homes next to it. Cindy Koller believed that a judge has made a ruling that would allow sex offenders into neighborhoods. She relayed instances where she and others who speak about group homes issues are being harassed. Steve Sutherland took issue with Morningside Recovery placing facilities in an R -1 zone. Denys Oberman indicated that the intent of having the dispersal and other regulations was to mitigate and reduce overconcentration; however, the facility owners are finding loopholes. She urged the City to mitigate overconcentration. In response to residents' comments, City Manager Kiff clarified that Morningside Recovery contacted him about three facilities and whether they met the distancing standard. Regarding the Lido Island site, he reported that he encouraged them to look elsewhere. He explained Sober Volume 59 - Page 628 City of Newport Beach City Council Minutes November 9, 2010 Living by the Sea's (SLBTS's) bed count cap and how it can be dispersed throughout the City. He reported that he will request that the Police Department look into the issues discussed on River Avenue relative to harassment. Deputy City Attorney Wolcott reported that SLBTS is required to place any new facility outside of the Peninsula Zone in MFR - zones, but Morningside Recovery does not have the same requirement in its contract. City Attorney Hunt noted that the facility owners can place facilities anywhere, as long as they comply with the established caps and dispersement requirements. He reported that he will be meeting with the Lido Island Community Association (LICA) Board on December 1 at 6:00 p.m. to provide them with information. He assured everyone that the City fully intends to actively enforce the Zoning Agreement and that sex offenders are required to register with the Police Department. City Attorney Hunt noted emails staff has received regarding Balboa Horizon and that they will be addressing that at the hearing on Wednesday, November 17. He stated that SLBTS has agreed to not take any sex offenders. He encouraged everyone to contact code enforcement so that all steps can be taken to ensure compliance. Regarding the issue of boarding houses, he stated that group homes address single housekeeping units. Relative to for - profit businesses operating in residential areas, he noted that State law allows these businesses, so the City cannot do anything as long as they operate under the purview of State law. He emphasized that the City is not allowed to discriminate against the disabled. In response to Mayor Pro Tom Henn's questions, City Attorney Hunt reported that, pursuant to Ordinance No. 2008 -5, new reasonable accommodation facilities would be heard by hearing officers, not pre- existing facilities. Unless the facilities were going in an MFR -zone, the Zoning Agreement gives Morningside Recovery and SLBTS the right to choose their facility locations, as long as they comply with every requirement related to dispersement and client caps. Mayor Pro Tem Henn noted that the City is dealing with legal and regulatory frameworks that restricts any city from regulating licensed six- and -under facilities. He pointed out that the trade- off that the City achieved from the Zoning Agreements with these two operators is that they agreed to reduce and limit the total number of beds of any kind for a duration of time, including licensed six- and -under facilities. He reviewed how the City has been regulating and will continue to regulate Morningside Recovery and SLBTS facilities, in addition to other facilities in the City. He encouraged the community to contact code enforcement or the Police Department when issues arise. XVII. CONTINUED BUSINESS 14. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES. [100 -2010] City Manager Kiff reviewed the staff report and highlighted the Parks, Beaches and Recreation Commission's (PB &R's) recommendation. Recreation and Senior Services Director Detweiler utilized a PowerPoint to highlight the history of the dogs on the beach issue and PB &R's reasoning behind their recommendation. In response to Council Member Gardner's question, Recreation and Senior Services Director Detweiler indicated that PB &R did not support banning animals on harborlbay beaches. Randy Seaton expressed concern with allowing dogs on Little Corona due to the environmental impacts that may be created. Tom Houston suggested that all animals be banned on bay beaches in order to improve beach and water quality. Volume 59 - Page 629 City of Newport Beach City Council Minutes November 9, 2010 Joe McCarthy expressed his concern with public safety and relayed an incident when he was attacked by dogs on the beach and questioned if the leash law will be enforced. Nancy Morran- Sanchez noted that the dog owners need to comply with the leash law and expressed support for the recommendation. Michael Hoerning suggested not establishing a time restriction during the winter. Shirley Reinker stated that she was able to get 347 signatures in support of not having a time restriction during the winter. Jim Uer expressed support for the proposed amendment. Sean Pence expressed concern relative to the increased amount of animal waste on the beaches and the potential for diminishing the beach's beauty. He noted that dogs still attack children even when on a leash. Motion by Council Member Webb, seconded by Mayor Pro Tern Henn to a) approve the Parks, Beaches and Recreation Commission's recommendation to amend Section 7.04.030 of Title 7 of the Newport Beach Municipal Code pertaining to animals on the beaches, as follows: 1) "Oceanfront Beaches" - change the current hours that animals are prohibited on oceanfront beaches from 9:00 a.m. to 5:00 p.m. to 10:00 a.m. to 4:30 p.m. year- round; 2) "Harbor /Bay Front Beaches" - current hours will remain prohibiting animals from 9:00 a.m. to 5:00 p.m.; 3) that the City Council approves changing the term of "Community Services Department" to the current name of "Recreation and Senior Services Department;' and 4) that the City Council approves changing "guide" dogs to "service" dogs as defined under the American with Disabilities Act (ADA) so as to include all service dogs that assist the disabled; and b) introduce Ordinance No. 2010 -25 amending Section 7.04.030, of Title 7 of Newport Beach Municipal Code, pertaining to Animals Prohibited on Public Beaches, and pass to second reading on November 23, 2010. Council Member Gardner asked if Council wanted to consider banning animals on harbor/bay beaches. Council Member Webb believed that the City should continue to monitor those locations and possibly do something in the future, but not at this time. Mayor Curry thanked PB &R. He suggested that there be more accessibility to dog bags at the streetends and other locations. In response to Council Member Rosansky's questions, City Manager Kiff indicated that he can provide information to Council regarding how the City enforces its codes. Mayor Pro Tem Henn noted that the evidence is also in the Citizen Survey that was just released. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XVIII. CURRENT BUSINESS S16. AUTHORIZATION FOR 2010 CIVIC CENTER FINANCING DOCUMENTS. 1100- 20101 City Manager Kiff utilized a PowerPoint presentation to discuss the project phase all -in estimates, all -in construction document phase, and highlight the Civic Center component costs. Administrative Services Director McCraner discussed the financing team, provided Volume 59 - Page 630 City of Newport Beach City Council Minutes November 9, 2010 the financing overview which is not to exceed $128 million, reported on the Certificates of Participation (COP), and discussed which City facilities will be included in the "leased premises" list. She reported that the financing structure contemplates using both Tax - Exempt Series A (COPs) and Taxable Series B [taxable COPs sponsored by the federal Build America Bonds (BABs) program]. She reviewing the financing estimates and reported on what will be included in the Preliminary Official Statement (POS). She emphasized that financing the project in this manner will save the City millions of dollars over the life of the COPS. She discussed the City's opportunity to use BAB money and highlighted the Facilities Replacement Plan. She reported that three independent rating agencies gave the City the highest bond rating and COP rating available, and noted that Civic Center project financing can be viewed at www.newportbeachca.gov/bonds. City Manager Kiff provided an outline of the project milestones and a summary, and highlighted the recommendations outlined in the staff report. In response to Mayor Pro Tem Henn's question, City Manager Kiff indicated that the bridge over San Miguel is not included in the estimates, but they could go out to bid and Council can decide if they want to include it in the project. Motion by Council Member Webb, seconded by Council Member Rosansky to a) adopt Resolution No. 2010 -126 authorizing the preparation, execution, and delivery of the 2010 Certificates of Participation (COPs) in an amount not to exceed $128 million and authorizing the execution and delivery of certain documents and directing certain actions in connection with the issuance, sale and delivery of said COPS; b) approve Budget Amendment No. 11BA -017 appropriating funds necessary for the first principal and interest installments due through July 1, 2011, and additional funds estimated for the underwriter's discount and cost of issuance; and c) approve the two Mutual Understandings and the Amendment of Declaration of Special Land Use Restrictions with The Irvine Company. Council Member Gardner indicated that it would be ideal to already have the final bids and firm costs before issuing bonds; however, due to the timing for the BABs that is not an option. She asked what would happen to the money if the price was lower. City Manager Kiff indicated that Council will need to decide what to do if the proceeds were above the projections. He stated that staff would recommend looking at the next project on the Facilities Finance Plan and reported that bond counsel agreed that this would be an appropriate use. Council thanked and congratulated the financing team, staff, Building Committee, and Finance Committee, and emphasized the amount of money the City will be saving by financing in this manner. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Mayor Curry recessed the City Council meeting at 9:28 p.m. to hold the special meeting of the Newport Beach Public Facilities Corporation. SPECIAL MEETING OF THE NEWPORT BEACH PUBLIC FACILITIES CORPORATION PFC -1. ROLL CALL Present: Council Member Selich; Council Member Rosansky; Mayor Pro Tem Henn; Mayor Curry; Council Member Webb; Council Member Gardner; Council Volume 59 - Page 631 City of Newport Beach City Council Minutes November 9, 2010 Member Daigle PFC -2. NEWPORT BEACH PUBLIC FACILITIES CORPORATION : REFINANCE 1998 CENTRAL LIBRARY COPS AND FINANCE CIVIC CENTER PROJECT. [401100- 20101 Motion by Council Member Webb, seconded by Mayor Pro Tem Henn to adopt Resolution No. PFC - 2010 -1 authorizing the Board of Directors of the Newport Beach Public Facilities Corporation to enter into a Lease Purchase Agreement and certain other documents with the City of Newport Beach (City), in connection with the execution and delivery of the 2010 Certificates of Participation in order to refinance the 1998 Central Library COPs and to finance the Civic Center project. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle PFC -3. ADJOURNMENT - The Newport Beach Public Facilities Corporation adjourned at 9:29 p.m. back into the Regular Meeting of the City Council. All members of the City Council were in attendance for the remainder of the Regular Meeting. XVIII. CURRENT BUSINESS (continued) 517. NEWPORT BEACH CIVIC CENTER PROJECT -APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON (BCJ) FOR CONSTRUCTION SUPPORT (C- 4527). 138 1100 -20101 City Manager Kiff provided a staff report and discussed the not to exceed amount. In response to Council questions, Public Works Director Badum indicated that he will provide a breakdown of costs to clarify the discrepancy on page 3 of the staff report. City Manager Kiff indicated that BCJ's costs have been fixed, but stated that the City has been demanding in terms of different designs and exploring new ways to make the project better, but staff will continue to do what it can to hold costs down. Motion by Council Member Webb, seconded by Council Member Gardner to a) approve a Professional Services Agreement with Bohlin Cywinski Jackson, of San Francisco, California, for the architectural design services including Construction Support at a not to exceed price of $3,935,112, and authorize the Mayor and City Clerk to execute the Agreement; and b) approve Budget Amendment No. IIBA -016 appropriating $3,935,112 from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account No. 7410- C1002009. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XD:. MOTION FOR RECONSIDERATION -None XX. ADJOURNMENT - Adjourned at 9:35 p.m. in memory of Diane Coltrane The agenda for the Regular Meeting was posted on November 3, 2010, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting and the agenda for the Volume 59 - Page 632 City of Newport Beach City Council Minutes November 9, 2010 Special Meeting of the Newport Beach Public Facilities Corporation was posted on November 5, 2010, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. a,�,Q 8 Recording Secretary Mayor y4gi - �� City Clerk Volume 59 - Page 633