HomeMy WebLinkAbout09/14/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
September 14, 2010 — 7:00 p.m.
I.
II.
III.
IV.
- 4:00 p.m
CLOSED SESSION - 5:15 p.m
A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9
(a)): Nine matters:
1. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457
AG (PLAx)
2. Newport Coast Recovery and Yellowstone Recovery v. City of Newport
Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx);
3. Cross -Claim Against Morningside Recovery as the only remaining portion
of the Concerned Citizen's v. City of Newport Beach, U.S. District Court Case
No. SACV 08- 00192 -JVS (RNBx)
4. NextG v. Newport Beach, U.S. District Court Case No. SACV1001286 DOC(JCX)
5. Abrams v. Newport Beach, U.S. District Court Case No. SCAB 09 -404 DOC
(MLGx)
6. Abrams v. Newport Beach, Orange County Superior Court Case No. 30 -2010-
00346541
7. O'Hanlon v. Newport Beach, Orange County Superior Court Case No. 30 -2010-
00383963
8. Spaulding v. Newport Beach, Orange County Superior Court Case No. 30 -2010-
00369365
9. McCollum v. Newport Beach, Orange County Superior Court Case No. 30-2009 -
00309287-CU-PO-CJC
B. Conference with Labor Negotiators (Government Code § 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)
RECESS
RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
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V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry,
Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT - No reportable action taken
VII. PLEDGE OF ALLEGIANCE - Council Member Daigle
VIII. I_NVOCATION
IX. PRESENTATIONS
International Literacy Proclamation - Mayor Curry read the proclamation and presented it to
the President of the Literacy program. Nancy Thompson thanked Council and invited residents to
attend the City's International Literacy Celebration on Thursday, September 16 at 10:00 a.m. at
the Central Library.
Sister City Antibes, France Visitors - Mayor Curry read the proclamation and presented it to
the five Sister City visitors from Antibes, France. Antibes Sister City Association President, Wolf
Burg, thanked the City and the Newport Beach Sister City Association for a warm welcome.
Council Member Webb encouraged residents to visit Antibes while visiting France.
California Regional Water Quality Control Board Letter of Appreciation for the Rhine
Channel Project - Los Angeles Regional Board Representative Brandi Outwin presented a letter
to the City commending the City and staff for their active involvement in the remediation of the
Rhine Channel.
Appreciation from the Family of Marine Corporal Claudio Patino IV - Claudia and Marlon
Patino presented a gift to the City for their support.
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 tNON- DISCUSSION ITEM)
Council Member Daigle reported that the Airport Working Group (AWG) is preparing for the next
round of negotiations to mitigate long term impacts from John Wayne Airport (JWA)
and requested that the Mayor send a letter to the Federal Aviation Administration (FAA)
pertaining to departure procedures. Mayor Curry accepted the request.
Council Member Gardner expressed concern that the Planning Commission minutes do not provide
enough information.
Council Member Selich announced that a new Newport Beach magazine that focusses on issues in
the City will be distributed to residents on Friday.
Mayor Pro Tem Henn stated that thanks to the efforts of City Manager Kiff and Council Member
Daigle, the City of Villa Park was added to the corridor Cities group. He also announced that he
attended the Jr. Lifeguard graduation ceremony and provided an update on the land use planning
process involving the City, Lido Marina Village, and the Via Lido Plaza. He also stated that by
January, a vision of the changes to the Peninsula, including the current City Hall site, should be
completed, with substantial opportunities for public input along the way.
Mayor Curry thanked residents for attending the "Meet the Mayor" session at the Balboa Library,
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stated that he attended a Ramadan dinner and the Orange County Armenian Festival, announced
that Oklahoma City Mayor Cornet visited the new OASIS Senior Center to use as a model for
upcoming centers in his city, noted that on September 9, 2010 he was elected to the League of
California Cities Board of Directors, encouraged residents to visit the Nautical Museum, and
announced that he had the honor of picking the winner of the Coastline Car Classic Mayor's
Award.
XH. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE SPECIAL MEETING OF AUGUST 5, 2010, AND
STUDY SESSION AND REGULAR MEETING OF AUGUST 10, 2010. [100 -
20101 Waive reading of subject minutes, approve as amended, and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of
all ordinances and resolutions under consideration, and direct City Clerk to read
by title only.
B. ORDINANCES FOR ADOPTION
3. OFF- PREMISES MASSAGE PERMITS. [100 -2010] Conduct second reading
and adopt Ordinance No. 2010 -14 relating to off- premises massage permits.
C. RESOL UTION FOR ADOPTION
5. ACCEPT PROPOSITION 84 GRANT FUNDS. 1100 -20101 Adopt Resolution
No. 2010 -100 authorizing the Director of Public Works to review and execute an
agreement with the SWRCB to receive Proposition 84 funding to implement the
City's Newport Coast Areas of Special Biological Significance (ASBS) Protection
Implementation Program.
8. INSTALLATION OF STOP SIGNS AT THE INTERSECTIONS OF PARK
AVENUE AT AMETHYST AVENUE, BALBOA AVENUE AT DIAMOND
AVENUE, AND BALBOA AVENUE AT AMETHYST AVENUE. [100 -2010]
Adopt Resolution No. 2010 -101 for the installation of STOP signs at the
intersection of Park Avenue at Amethyst Avenue, Balboa Avenue at Diamond
Avenue, and Balboa Avenue at Amethyst Avenue, to create three -way stop control
at these intersections.
D. CONTRACTS AND AGREEMENTS
8. APPROVAL OF FINAL BID EVALUATION, AUTHORIZATION TO ENTER
INTO CONTRACT NEGOTIATIONS, AUTHORIZATION TO ENTER INTO
CONTRACTS, AND AUTHORIZATION TO FULLY EXPEND COPS
TECHNOLOGY GRANT FUNDS IN REGARDS TO THE JUSTICE AND
HOMELAND SECURITY INTEGRATION AND CITATION PROCESSING
PROJECT (C- 3925). [381100 -20101 a) Approve the Final Bid Evaluation Report
from Deloitte Consulting for the Justice and Homeland Security Integration and
Citation Procession Project ( "Project "); b) authorize the City Manager, in
conjunction with the ILJAOC representative, to enter into contract negotiations
with Sierra Systems for the integration portion of the Project, and Brazos
Technology for the citation processing portion of the Project; c) authorize the City
Manager to execute any contracts or other documents for the Project, to the extent
that said contracts relate to the expenditure of the COPS Technology Grant
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Funds, subject to approval by the City Attorney; and d) authorize the complete
expenditure of the COPS Technology Grant Funds, administered by the City of
Newport Beach on behalf of the ILJAOC, for the Project.
9. CIVIC CENTER AND PARK - MATERIAL TESTING AND INSPECTION
SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
WITH KOURY ENGINEERING & TESTING, INC.(C- 4527). [381100 -20101 a)
Approve a Professional Services Agreement with Koury Engineering & Testing,
Inc. (Koury) of Chino, to provide material testing and inspection services for the
Civic Center and Park Project at a not -to- exceed contract price of $865,498.00, and
authorize the Mayor and City Clerk to execute the agreement; and b) approve
Budget Amendment No. IIBA -005 appropriating $865,498.00 from the Major
Facilities Master Plan Fund to Newport Beach Civic Center Project Account No.
7410- CI002009.
10. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT -
AWARD OF CONTRACT (C- 4315). [381100 -20101 a) Approve the project
drawings and specification; b) award Contract No. 4315 to Anderson Air
Conditioning, LP for the Total Bid Price of $195,434.00, and authorize the Mayor
and the City Clerk to execute the contract; c) establish an amount of $19,543.00 to
cover the unforeseen work; and d) approve Budget Amendment No. IIBA -007
appropriating $156,000.00 from the unappropriated AQMD fund Balance 1 to
account no. 7290- C8002014.
11. AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN
FOR THE DELIVERY OF NATURAL GAS (C-2493).138/00-20101 Approve
Amendment No. 2 to agreement with Hoag Memorial Hospital Presbyterian for
delivery of excess natural gas produced from the 16 City -owned oil wells as a by-
product of oil extraction activities; and authorizes the Mayor and City Clerk to
execute the agreement.
12. COMMUNITY YOUTH CENTER DOOR HARDWARE IMPROVEMENTS -
COMPLETION AND ACCEPTANCE (C- 4309). [381100 -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.
13. OCEAN PIERS CONDITION INSPECTION - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH ASSOCIATED PACIFIC
CONSTRUCTORS, INC.(C- 4608). [381100 -20101 Approve a Professional
Services Agreement with Associated Pacific Constructors, Inc. (APC) of Morro Bay,
to inspect the below deck support structures of Newport Pier and Balboa Pier at a
not -to- exceed price of $74,340.00, and authorize the Mayor and City Clerk to
execute the agreement.
14. APPROVAL OF FOUR (4) LANDSCAPE CONTRACT AMENDMENTS (C-
3966, C -3880, C -3569, C- 3988). [381100 -20101 Approve the contract amendments
with 1) West Coast Arborists, Inc. for an annual not to exceed amount of $950,000,
2) TruGreen Landcare, Inc. for an annual not to exceed amount of $820,000, 3)
Park West Landscape, Inc: for an annual not to exceed amount of $455,000, and 4)
Merchants Landscape Services, Inc. for an annual not to exceed amount of
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$710,000
City Manager Kiff clarified that the amount for West Coast Arborists
should be $950,000, not $710,000 as listed in the staff report.
15. TERMINATE AGREEMENT WITH HYDROBLAST, INC. FOR SIDEWALK
STEAM CLEANING SERVICES AND CONTRACT WITH BONANZA
STEAM CLEANING, INC. FOR SIDEWALK STEAM CLEANING SERVICES
(C4535B). 1381100 -20101 Terminate the agreement with HydroBlast and
approve an agreement with Bonanza Steam Cleaning to provide sidewalk steam
cleaning services for two (2) years with an option of three (3) one -year extensions.
16. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 -
APPROVAL OF SETTLEMENT AGREEMENT WITH 3901 MACARTHUR
BLVD., LLC. (C- 4548B). [381100 -20101 a) Approve the Settlement Agreement
with 3901 MacArthur Boulevard, LLC for the acquisition of real property for the
Jamboree Road Bridge Widening over State Route 73 Project, and authorize the
Mayor and City Clerk to execute the Settlement Agreement and Certificate of
Acceptance; and b) authorize staff to open a escrow account and make the
necessary payments to complete the transaction.
17. AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN
IMPROVEMENTS - COMPLETION AND ACCEPTANCE (C- 3967). [381100-
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.
18. NO REPORT.
19. PROFESSIONAL SERVICES AGREEMENT FOR INTERIM MARINA
MANAGEMENT SERVICES AT THE BALBOA YACHT BASIN WITH
BASIN MARINE, INC. (C- 4481). [381100 -2010] a) Approve the Professional
Services Agreement with Basin Marine, Inc. to manage the Balboa Yacht Basin on
an interim basis; b) approve Budget Amendment No. 11BA -008 appropriating
$28,000 from unappropriated reserves (Tidelands) to account #2371 -8080
Professional and Technical Services; and c) waive the requirement in Council
Policy F -14 for the City to contact at least three qualified consultants for
proposals.
E. MISCELLANEOUS
20. PLANNING COMMISSION AGENDAS FOR AUGUST 19, 2010 AND
SEPTEMBER 9, 2010.[100-20101 Receive and file written report.
21. ACCEPTANCE OF PUBLIC SAFETY INTEROPERABLE
COMMUNICATIONS (PSIC) GRANT. [100 -20101 Authorize the City Council
to accept grant funds in the amount of $16,303.77 from the Public Safety
Interoperable Communications (PSIC) Grant Program funds to offset the cost of
previously purchased Motorola XTL 5000 portable radios.
Motion by Mayor Pro Tem Henn seconded by Council Member Webb to approve the
Consent Calendar, except for the items removed (4 & 7), noting the changes to the August 10,
2010 Regular meeting minutes, and noting the amendment to the recommendation of Item 14
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(Approval of Four Landscape Contract Amendments).
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
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. VIA LIDO INTERIM STUDY OVERLAY (PA2010 -081) - 3388 VIA LIDO - CODE
AMENDMENT NO. CA2010 -006 AND THE ASSOCIATED STUDY PLAN. [100 -2010)
In response to Council Member Gardner's question, Harbor Resources Manager Miller
clarified that the dock work done at 3388 Via Lido was not required to go before the
Harbor Commission.
Motion by Council Member Gardner. seconded by Council _Member Webb to
conduct second reading and adopt Ordinance No. 2010 -15 approving Code Amendment No.
CA2010 -006 with the associated Study Plan.
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
REQUEST TO LIST THE RAWLINS SOLAR HOUSE IN THE CITY OF NEWPORT
BEACH REGISTER OF HISTORICAL PROPERTY. [351100 -2010]
Council Member Webb stated that the City Arts Commission believed that the appropriate
category for the property is Historic Landmark (Class 2) rather than a Major Historic
Landmark (Class 1) and expressed support for the amendment. Economic
Development Coordinator Bowden believed that the property was deemed as a Class 1
because of its high level of design and integrity.
In response to Council questions, Nora Jensen, stated that the owner will not receive any
monetary gain for the property being deemed historical.
Council Member Webb expressed concern about placing restrictions on future changes to
the house and limiting future property owner's rights. Council Member Gardner believed
that the age should not be the determining factor in deeming a property historical
and expressed opposition to changing staff's recommendation.
In response to Mayor Pro Tem Henn's question, Ms. Jensen clarified that changing the
property's classification to Class 1 or Class 2 does not change the impacts to the property.
Motion by Council Member Webb seconded by Council Member Rosansk to
adopt Resolution No. 2010 -102 adding the Rawlins Solar House to the City of Newport
Beach Register of Historic Property as a Historic Landmark (Class 2).
The motion carried by the following roll call vote:
Ayes: Council Member Daigle, Council Member Webb, Mayor Curry, Mayor Pro Tem
Henn, Council Member Rosansky, Council Member Selich
Noes: Council Member Gardner
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XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that the air quality report relative to John Wayne Airport (JWA)
will be presented to the Citizens Aviation Committee on September 27.
Council Member Gardner received no objections from Council for the Harbor Commission to
research marine services around the Bay to identify the services that are critical to the viability of
the Harbor.
XV. PUBLIC HEARINGS
22. REVIEW OF THE FY 2009 -2010 COMMUNITY BLOCK GRANT CONSOLIDATED
ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. [100 -20101
Economic Development Coordinator Bowden reported that in order to receive CDBG funds,
Housing and Urban Development (HUD) requires that the City provide a report detailing
what the City accomplished in the last fiscal year.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the
public hearing.
In response to Council Member Gardner's question, CDBG Consultant Clint
Whitehead clarified that the 3,000 households stated in the Community Development
Objectives refers to homes that were inspected by Code Enforcement.
Motion by Council Member Webb, seconded by Council Member Gardner to
approve the Draft Consolidated Annual Performance and Evaluation Report (CAPER) for
Fiscal Year 2009 -2010.
The motion carried by the following roll call vote
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
23. COASTAL LAND USE PLAN CONSISTENCY AMENDMENT (PA2010 -052) - 1)
GENERAL PLAN AMENDMENT NO. GP2010 -001 - STATISTICAL AREA BI - 6306-
6310 W. COAST HIGHWAY; 2) GENERAL PLAN AMENDMENT NO. GP2010 -004 -
STATISTICAL AREA H4 - 1221 W. COAST HIGHWAY & 2300 W. COAST
HIGHWAY, 3) GENERAL PLAN AMENDMENT NO. GP2010 -005 - STATISTICAL
AREA B5 - 2102 W. OCEAN FRONT, 2306 W. OCEAN FRONT, 3366 VIA LIDO, AND
LIDO PENINSULA (INCLUDING SHIPYARD WAY, ANCHORAGE WAY, THE
RHINE ANZA STREET, BEACH DRIVE, CABRILLO STREET, NOMAD STREET,
DRAKE STREET, EL PASEO STREET, BOLIVAR STREET, FREEMONT STREET,
AND CHANNEL ROAD); 4) GENERAL PLAN AMENDMENT NO. GP2010 -006 -
STATISTICAL AREA D2 - 500 -514 WEST BALBOA BOULEVARD; 5) GENERAL
PLAN AMENDMENT NO. GP2010 -007 - STATISTICAL AREA D3 - 600 E. BAY
AVENUE, 600 EDGEWATER PLACE, 105 MAIN STREET, 707 E. OCEAN FRONT;
AND 6) GENERAL PLAN AMENDMENT NO. GP2010 -008 - STATISTICAL AREA
F1 -1901 -1911 BAYSIDE DRIVE. [100 -20101
Acting Planning Director Campbell reported that the proposed amendments are to make
the General Plan consistent with the Coastal Land Use Plan.
Mayor Curry opened the public hearing.
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Carol McDermott noted a mapping error to Map 2 of the Lido McFadden mixed use area
and asked that staff amend the map to reflect that there is no legal description for one of
the properties. Acting Planning Director Campbell clarified that the error is the boundary
of the mobile home park and there is no legal description included. He stated that staff
will look at the boundary closely and amend it around the building.
Hearing no further testimony, Mayor Curry closed the public hearing.
Motion by_Council Member Webb. seconded by Mayor_ Carr v to a) adopt Resolution
No. 2010 -103 approving General Plan Amendment No. GP2010 -001; b) adopt Resolution
No. 2010 -104 approving General Plan Amendment No. GP2010 -004; c) adopt Resolution
No. 2010 -105 approving General Plan Amendment No. GP2010 -005 adding language
describing the nature of the Exhibit A stating that the boundary on the map is
approximate and that existing commercial uses are intended to be located within the
Marine commercial designation; d) adopt Resolution No. 2010 -106 approving General Plan
Amendment No. GP2010 -006; d) adopt Resolution No. 2010 -107 approving General Plan
Amendment No. GP2010 -007; and f) adopt Resolution No. 2010 -108 approving General
Plan Amendment No. GP2010 -008.
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
24. NEWPORT COMMERCE PLAZA - PLANNED COMMUNITY DEVELOPMENT
PLAN AMENDMENT (PA2010 -007) TO CHANGE THE LAND USE DESIGNATION
IN INDUSTRIAL SITE NO. 4 FROM 'INDUSTRIAL" TO "OFFICE," AND TO
CHANGE THE ONSITE PARKING REQUIREMENT RATIO. [100 -20101
Associate Planner Bunim reported that this is a second reading for Ordinance 2010 -16 and
discussed the proposed changes.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the
Public Hearing.
Motion by Council Member Daigle seconded by Council Member Rosansky to
adopt Ordinance No. 2010 -16 approving Planned Community Development Plan
Amendment No. PD2010 -002.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Curry, Council
Member Webb, Council Member Gardner, Council Member Daigle
Absent: Mayor Pro Tem Henn
25. CODE AMENDMENT AND INTERIM STUDY OVERLAY FOR THE NEWPORT
BEACH WINERY PROPOSED AT 869 WEST 16TH STREET. [100 -20101
Council Member Rosansky recused himself because he owns rental property within 500 -
feet of the proposed winery.
Acting Planning Director Campbell stated that the proposed winery will be at an existing
location and will allow food processing.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the
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public hearing.
Motion by Council Member Webb, seconded by Mayor Pro Tern Henn to introduce
Ordinance No. 2010 -17 approving Code Amendment No. CA2010 -005 with the associated
Study Plan, and pass to second reading on
September 28, 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
26. HOAG MEMORIAL HOSPITAL PRESBYTERIAN DEVELOPMENT AGREEMENT
ANNUAL COMPLIANCE REVIEW. [381100 -20101
Acting Planning Director Campbell stated that the item is a continued public hearing to
allow time for Hoag to mitigate the sounds at the loading dock and to reduce the plume of
the cogen plant operation. He reported that Hoag is consistent with noise standards
and plume reduction. He discussed Hoag's plans to enclose the bailor with noise panels
and partially enclose the trash compactor.
In response to Council questions, Acting Planning Director Campbell stated that the noise
panels will help mitigate the noise from the compacting units and compliance issues will
be revisited every year in April. Sanford Smith, Sr. Vice President of Hoag, stated
that trash is collected from the bins three times per week and noted that there is no
current plan to remove the South building.
Mayor Curry opened the public hearing.
Dick Runyon requested that Hoag address issues faster, make information available to the
public 60 -days prior to the hearing, allow residents the opportunity to conduct independent
noise level testing, address issues with the lower campus, conduct an independent study
for parking lot lights in the evenings and on weekends, and possibly install a gate to keep
cars out at night.
Eric Thurner expressed concern about the plume at the cogen plant and stated that he
would like to have a detailed report including dates and times, weather conditions, and
measures taken when protocols are implemented.
Hearing no further testimony, Mayor Curry closed the public hearing.
Council Member Rosansky believed that Hoag has made efforts to satisfy the requirements
from the City and residents.
In response to Mayor. Pro Tern Henn's questions, Acting Planning Director Campbell
stated that a review will occur in April of each year and noted that he will make the
information available to the public as soon as he receives it. Council Member
Gardner suggested that Hoag conserve energy by mitigating some of the lights in the
parking lot during the evening.
Motion by Council Member Rosansky seconded by Mayor Pro Tem Henn to
determine that Hoag is in good faith interim compliance with the Development Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Daigle, Council Member Gardner, Council Member Webb, Mayor
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Curry, Mayor Pro Tem Henn, Council Member Rosansky, Council Member Selich
27. MORNINGSIDE RECOVERY DEVELOPMENT AGREEMENT (DA2010 -001) TO
PROVIDE AN ENTITLEMENT FOR THE OPERATION OF RESIDENTIAL CARE
FACILITIES IN THE CITY WHILE ALSO CONTAINING LIMITATIONS ON THE
TOTAL NUMBER OF CLIENTS IN RECOVERY FOR DRUG AND ALCOHOL
ABUSE IN THE CITY, ON OCCUPANCIES AT ITS CURRENT FACILITIES AND
WITHIN THE PENINSULA ZONE, AND CONTROLS ON THE OPERATION OF
THESE FACILITIES. [68/100 -2010]
City Attorney Hunt discussed the proposed development agreement with Morningside
Recovery and provided a PowerPoint that included maps, pictures, locations, and an
outline of the proposed development agreement. He also explained Morningside
Recovery's ability to acquire existing facilities.
Mayor Curry opened the public hearing.
Ronald Talmo, counsel for Morningside Recovery, stated that he has worked extensively on
the settlement agreement and made himself available for questions.
Candace Bruce, Morningside Recovery CEO, addressed resident concerns and stated that
she has evaluated the current operation and has worked to try to resolve the issues to
maintain good relationships with the neighbors.
Bob Rush expressed concerns about the explanation relative to the acquisition of other
facilities and the terms of the contract.
Bettina Deininger, expressed concern relative to the protection of safety and public health,
operational conditions, public accessibility to facility managers, inadequate response
times, and code enforcement notifications. She urged Council to delay their decision to
allow time for concerns to be addressed.
Willis Longyear expressed concern relative to the contract terms, monitoring of residents,
policing of activities, and keeping facilities clean and smoke -free. He urged Council to
amend the agreement term to a 5 -10 year agreement with the right to extend.
Bill Hitchcock presented a letter by Dennis Repp, discussed due process, stated that the
Planning Commission's hearing notices were not received, and alleged a conflict of interest
by Mayor Pro Tom Henn.
Mark Gonzalez urged Council to consider working with Morningside Recovery to find a
different location.
Jim Aust, President of Lido Isle Community Association, thanked staff for attending the
Lido Isle Community Association meeting on August 11 and believed that the three
addresses on Lido Island should not be counted as one unit.
Laura Curran addressed distancing of the locations, staffing inadequacies, and
enforcement difficulties.
Denys Oberman clarified that there is no prohibition or restriction coming from the
Federal court concerning the City's ability to enforce its ordinance, stated that the
proposed agreement does not provide assurances for deconcentration, and discussed the
issue of assemblies. She believed that additional provisions are needed for operational
conditions. She requested that no assemblies be allowed within 1,000 feet of schools and
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daycares, bars, and other businesses with similar activities.
Hearing no further testimony, Mayor Curry closed the public hearing
City Attorney Hunt addressed residents concerns and discussed lawsuits against the City
relative to disabled rights to housing.
Mayor Pro Tem Henn stated that the agreement represents an improvement of
what was first reviewed by the Planning Commission, emphasized that public input is
valid and was considered during the process, believed that changes came about with
Morningside's willingness to work with City, and noted that the agreement is worth
approving. He thanked City Attorney Hunt, City Manager Kiff, and Morningside
Recovery for providing a substantially improved agreement.
Motion -by Pro Tem Henn. seconded by Council Member Webb to introduce
Ordinance No. 2010 -18 approving Development Agreement No. DA2010 -001, and pass to
second reading on September 28, 2010.
The motion carried by the following roll call vote:
Ayes: Council Member Daigle, Council Member Gardner, Council Member Webb, Mayor
Curry, Mayor Pro Tern Henn, Council Member Rosansky, Council Member Selich
XVI. PUBLIC COMMENTS
George Grupp took issue about receiving a parking issue. Mayor Curry referred him to City
Manager Kiff.
XVII. CURRENT BUSINESS
28. NEWPORT BEACH CIVIC CENTER PROJECT: PARKING STRUCTURE AND
GUARANTEED MAXIMUM PRICE (GMP) PHASE TWO (C- 4527B). [38/100 -20101
Public Works Director Badum provided a PowerPoint presentation that included the
assist/build process and bid results, noting that the project bidded at almost $2,000,000
less than anticipated.
In response to Council questions, Public Works Director Badum stated that after the plans
are generated, trade packages will be sent out to bid. He also stated that the City hired a
company called Interwest to handle the plan checks.
City Manager Kiff provided a PowerPoint that included information on the
approach/principles of using the assist/build process and discussed the contract process.
Mayor Pro Tern Henn explained the bid process and where construction cost savings are
derived from.
Council Member Selich stated that the new City Hall consists of many components that
are valuable to the success of the project and briefly discussed money savings.
Mayor Curry thanked City Manager Riff and Public Works Director Badum for their work
on the project and stated that the project information is readily available to the public.
Motion by Council Member Selich. seconded by Council Member Webb to a)
approve an amendment to the Construction Manager At Risk Contract with C.W. Driver of
Irvine, amending the Guaranteed Maximum Price (GMP) to add the design and
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City Council Minutes
September 14, 2010
construction of the Parking Structure and miscellaneous items of work (GMP #2) for the
Newport Beach Civic Center project at a not to exceed price of $7,426,853, and authorize
the Mayor and City Clerk to execute the contract; b) establish a budget of 5% of GMP #2
($350,000) as the City's contingency for unforeseen costs and authorize the Public Works
Director and City Manager to execute change orders upon concurrence by the City Council
Building Committee; and c) approve Budget Amendment No. 11BA -006 appropriating
$7,776,853 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 Daigle, Council Member Gardner, Council Member Webb, Mayor
Curry, Mayor Pro Tem Henn, Council Member Rosansky, Council Member Selich
29. NAMING OF THE EVELYN HART EVENT CENTER. [731100 -2010]
Recreation and Senior Services Director Detweiler discussed Council Policy B -9, stated
that the Parks, Beaches and Recreation (PB &R) Commission recommended leaving the
facility name as the OASIS Senior Center and designate the large multi - purpose room as
the Evelyn Hart Event Center, and showed a mock -up of the signage.
Council Member Gardner stated that the focus should be on the Senior Center, saluted
Evelyn Hart for the work she has done, and briefly discussed the PB &R Commission's
recommendation.
Mayor Curry expressed gratitude to Evelyn Hart for her leadership, applauded her
contributions, discussed the PB &R Commission's role, and expressed support for the
recommendation.
Council Member Daigle expressed support for the recommendation and added that she is
not opposed to naming the facility the Evelyn Hart OASIS Senior Center.
Marilyn Brewer expressed support for naming the OASIS Senior Center after Evelyn Hart,
stating that Evelyn Hart has been involved in the community and has expressed
committment to residents. She urged Council to reconsider the recommendation.
Tim Steaks expressed support for naming the center the Evelyn Hart OASIS Senior
Center.
Jean Price expressed support for naming the center the Evelyn Hart OASIS Senior Center,
stating that Evelyn Hart has provided support to residents in the City for many years.
Gloria Alkire believed that the public should have had more of an understanding about
Council Policy B -9.
Council Member Selich expressed support for the recommendation, but noted that he does
not disagree with naming the Senior Center the Evelyn Hart OASIS Senior Center.
Mayor Pro Tem Henn expressed support for naming the event center after Evelyn Hart.
Motion by Council Member Gardner seconded by Council Member Webb to
approve the recommendation of the Parks, Beaches & Recreation Commission for naming
of the Evelyn Hart Event Center located at the OASIS Senior Center.
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City Council Minutes
September 14, 2010
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. MOTION FOR RECONSIDERATION -None
XIX. ADJOURNMENT- 10:15 p.m.
The agenda for the Regular Meeting was posted on September 7, 2010 at 4:00 p.m. and
the supplemental agenda for the Regular Meeting was posted on September 10, 2010 at
3:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
-'F " " "IU/u r�
City Clerk
Recording Secretary
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Mayor
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