HomeMy WebLinkAbout10/12/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
October 12, 2010 — 7:00 p.m.
I. STUDY SESSION -Cancelled
II. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation (Government Code §
54956.9(a)): Five 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. City of Newport Beach v. Back Bay Court, LLC, Orange County Superior
Court Case No. 30- 2010- 00385190
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)
C. 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
D. Conference with Legal Counsel - Anticipated Litigation - Exposure to
Litigation (Government Code § 54956.9 (b): One matter:
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.
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Volume 59 - Page 590
City of Newport Beach
City Council Minutes
October 12, 2010
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Hunt reported that the Office of the City
Attorney received a Notice Of Violation (NOV) dated October 5, 2010 from the California
Coastal Commission after the agenda was posted. He reported that Council voted 7 -0 in favor
of adding the item to the Closed Session Agenda (Item D) because action was needed prior to
the next regular City Council meeting.
VII. PLEDGE OF ALLEGIANCE - Council Member Selich
VIII. INVOCATION - Mr. Frank Carpenter
D:. PRESENTATIONS - 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 ITEMI
Council Member Daigle announced that a Speak Up Newport meeting will be held at the
Newport Harbor Yacht Club on Wednesday, October 13, 2010 which will feature
the accomplishments and expectations of the Police Chief.
Council Member Webb announced that the bike trail at the Santa Ana River will be closed for 2-
6 weeks due to an Orange County Sanitation District restoration project.
Mayor Pro Tern Henn announced that any discussions regarding the Balboa Village Parking
District have been tabled and stated that the City will focus on re- visioning the area. He added
that the process will involve public outreach and assured residents that he will seek a
conclusion that is appropriate for the community.
Mayor Curry announced that there was a ribbon cutting ceremony at the OASIS Senior Center
on Saturday, October 9, 2010, and encouraged residents to visit the Center. He also announced
that the Newport Beach Boys and Girls Club will have a golf fundraiser at the Newport Beach
Golf Course on November 14, 2010, and encouraged residents to call 949 - 630 -6737 for more
information. He commented on John F. Kennedy's January 20, 1961 inaugural speech and
Ronald Reagan's contributions to this country. He requested that the Parks, Beaches and
Recreation Commission (PB &R) seek a suitable park to be named after former President
Reagan and suggested that they consider Bonita Canyon Sports Park. He also requested that
staff bring back an item to create a committee that will oversee all fundraising efforts.
XII. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETING OF
SEPTEMBER 28, 2010. Waive reading of subject minutes, approve as
written, and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full
of all ordinances and resolutions under consideration, and direct City Clerk to
read by title only.
Volume 59 - Page 591
City of Newport Beach
City Council Minutes
October 12, 2010
C. RESOLUTION FOR ADOPTION
4. RESOLUTION FOR APPLICATION OF HABITAT CONSERVATION
GRANT FUND PROGRAM FOR UPPER BUCK GULLY RESERVE
AREA TRAIL IMPROVEMENTS. [100 -20101 Adopt Resolution No. 2010 -115
for application of grant funds from the Habitat Conservation Fund Program for
Upper Buck Gully Reserve Area trail improvements.
D. CONTRACTS AND AGREEMENTS
10. JAMBOREE ROAD WIDENING OVER STATE ROUTE 73 (C -3724) -
APPROVAL OF AMENDMENT NO. 1 TO THE CONSTRUCTION
COOPERATIVE AGREEMENT WITH CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS). [381100 -20101 Approve and execute
Amendment No. 1 to extend the term of Agreement No. 12 -562 with California
Department of Transportation (Caltrans) for improvements to Jamboree Road
over State Route 73.
11. FIRST AMENDMENT TO AFFORDABLE HOUSING AGREEMENT
WITH SEAVIEW LUTHERAN PLAZA (C- 4382). [381100 -20101 a) Approve
and authorize the Mayor and City Clerk to execute the amendment; and b)
approve Budget Amendment No. 11BA -012 transferring $6,300 from the
Affordable In -Lieu Housing reserve account #010 -3619 to the Economic
Development Other Miscellaneous Expenses account #2720 -8300, to provide
funding for Seaview Lutheran to install the required backflow prevention
device.
12. ON -CALL MAINTENANCE AND REPAIR SERVICES AGREEMENT
WITH JOHN M. RABUN, DBA J.M. RABUN COMPANY (C-4590).[38/100-
20101 Approve a three -year contract with John M. Rabun, dba J.M. Rabun
Company, for on -call light maintenance and repair services for City facilities at
a cost not to exceed $100,000 per year.
E. MISCELLANEOUS
13. PLANNING COMMISSION AGENDA FOR OCTOBER 7,2010.[100-20101
Receive and file written report.
14. AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH
CONSULTING FIRMS PROVIDING SERVICES RELATED TO
NEWPORT BANNING RANCH DEVELOPMENT APPLICATION (C-
4033), (C4163), and (C- 4687). [38 1100 -20101 Receive and file.
Motion by Mavor Pro Tem Henn. seconded by Council Member Webb to approve the
Consent Calendar, except for the items removed (3, 5, 6, 7, 8 and 9).
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
3. FIRST READING AND INTRODUCTION OF NEWPORT BEACH MUNICIPAL
Volume 59 - Page 592
City of Newport Beach
City Council Minutes
October 12, 2010
CODE CHAPTER 2.24 REGARDING THE CIVIL SERVICE SYSTEM TO
CONDITIONALLY REPLACE THE CURRENT CHAPTER 2.24 ADOPTED VIA
ORDINANCE NO. 866. [100 -20101
Dolores Otting expressed concern that ordinance introductions and adoptions
are placed on the Consent Calendar of the agenda and noted that large staff reports are
hard to download. She took issue with Measure V, believing that Council should have
the ability to hire and fire the Police Chief and Fire Chief.
Dick Nichols expressed concern that this item is only a portion of Measure V and asked
to receive further clarification about the Civil Service Ordinance changes. City
Attorney Hunt clarified that the item conditionally replaces Chapter 2.24 of the
Municipal Code, discussed the size of the report, explained the process for ordinance
adoptions, and briefly discussed changes to the procedure for hiring the Police Chief
and Fire Chief.
Motion to
approve the first reading of Ordinance No. 2010 -20 replacing Newport Beach Municipal
Code Chapter 2.24 governing the operations of the Civil Service System, and passing
the matter onto the October 26, 2010 agenda for second reading and conditional
adoption.
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
5. SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND GOLDENROD
PEDESTRIAN OVERCROSSING - AWARD OF CONTRACT NO. 3531. [381100-
20101
Dolores Otting commended the City for going out to bid.
In response to Mr. Nichols question, Public Works Director Badum discussed the
difference between the three contracts in Items 5, 6 and 7.
In response to Council Member Rosansky's question, Public Works Director Badum
stated that staff utilized quality based selection for the contract and negotiated the
costs.
Motion by Mayor Pro Tem Henn seconded by Council Member Webb to a)
approve the project plans and specifications; b) award Contract No. 3531 to Beador
Construction Company for the total bid price of $706,034, and authorize the Mayor and
City Clerk to execute the contract; and c) establish an amount of $71,000 to cover the
cost of unforeseen work.
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
6. SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND GOLDENROD
PEDESTRIAN OVERCROSSING - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH AECOM (C-4625).[38/100-20101
Volume 59 - Page 593
City of Newport Beach
City Council Minutes
October 12, 2010
In response to Mr. Nichols question, Council Member Webb suggested that he visit the
Public Works Department to look at the plans and noted that the bridge will
be modified to make it structurally sound.
Motion by Council Member Webb, seconded by Mayor Curry to approve a
Professional Services Agreement with AECOM of Orange, California, for the San Diego
Creek Bridge and Goldenrod Pedestrian Overcrossing bridge retrofits at a not to exceed
price of $186,673.94, and authorize the Mayor and City Clerk to execute the Agreement.
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
7. SEISMIC RETROFIT OF SAN DIEGO CREEK BRIDGES AND GOLDENROD
PEDESTRIAN OVERCROSSING - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL
PERMIT MANAGEMENT (C4625).[38/100-20101
Motion by Council Member Rosansky, seconded by Council Member Webb to
approve a Professional Services Agreement with LSA Associates, Inc. of Irvine,
California, for the San Diego Creek Bridge and Goldenrod Pedestrian Overcrossing
bridge retrofits at a not to exceed price of $55,060, and authorize the Mayor and City
Clerk to execute the 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
S. SUPPLEMENTAL STAFF SUPPORT SERVICES - APPROVAL OF
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSON -PENNA PARTNERS, INC. (C4542). [381100 -20101
In response to Council Member Daigle's question, City Manager Kiff stated that he
consulted with the Building Committee and noted that the City is working under
the existing contracts.
Dolores Otting expressed concern about the contract amount, believed that residents
are not happy with the current assessment process, and suggested that the City use
the bid process to save money.
In response to Mrs. Otting's questions, City Manager Kiff stated that the
City utilizes quality based selection for professional service agreements. Public Works
Director Badum utilized a PowerPoint and discussed quality based selection,
the contract history, contractor information, on -call agreements, confusion with the
Jamboree Road bridge widening contract, assessment district inspection services, and
time material contracts. Council Member Selich stated that when the Building
Committee was consulted by City Manager Kiff, they suggested using outside
contracting to ensure that the project remained on schedule.
Mayor Pro Tom Henn expressed support for keeping the project on schedule and
discussed the estimated savings of about $500,000 in annual interest expense if the
project plans are finished in time to utilize Build America Bonds for the financing.
Volume 59 - Page 594
City of Newport Beach
City Council Minutes
October 12, 2010
Motion by Council Member Webb seconded by Council Member Selich to
approve Amendment No. 2 to Professional Services Agreement with Anderson -Penna
Partners, Inc. (Anderson - Penna) for Engineering, Inspection Support, and Plan Check
Review Services raising the not to exceed total budgeted funding cap to $500,000, and
authorize the Mayor and City Clerk to execute the Agreement.
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
9. TRAFFIC SIGNAL MODERNIZATION - NEWPORT CENTER (PHASE 5)
DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
ITERIS, INC. (C- 3921). [381100 -20101
Dick Nichols expressed concern that traffic lights at the boundary of the project were
not in the study and believed that the study should have preceded construction.
Dolores Otting expressed concern that Council Policy F -14 may be waived for this
project, suggested that the scope of work be added to professional services agreements,
and believed that the bid process could be utilized for the project.
In response to Mayor Pro Tem Henn's questions, City Manager Kiff indicated that the
project will modernize existing traffic signals. Public Works Director Badum added
that some of the signals mentioned by Mr. Nichols have already been upgraded and
cameras were placed at certain locations to monitor flow during special events.
Motion by Council Member Webb. seconded by Council Member Rosanskv to
waive Council Policy F -14 and approve a Professional Services Agreement with Iteris,
Inc. of Santa Ana, California, for design of Phase 5 (Newport Center) of the Traffic
Signal Modernization Project at a not to exceed price of $155,700, and authorize the
Mayor and City Clerk to execute the Agreement.
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
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Henn reported that the Request For Qualifications (RFQs) for parking
management were reviewed by the Finance Committee.
Mayor Curry reported that false information relating to Measure V is being circulated in an
anonymous email and noted that the Orange County Taxpayer's Association endorses Measure
V.
XV. PUBLIC HEARINGS
15. RECONSIDERATION OF CLIFF DRIVE APPEAL (PA2009 -149) - 2949 CLIFF
DRIVE - MODIFICATION PERMIT NO. MD2009 -030. [100 -20101
Planning Manager Alford reported that the modification permit is for an outdoor room
and fireplace that was built without permits. He utilized a PowerPoint that included
photos, site maps, practical difficulty findings, compatibility findings, and public safety
Volume 59 - Page 595
City of Newport Beach
City Council Minutes
October 12, 2010
findings.
In response to Council questions, Planning Manager Alford discussed the construction
changes, stated that the existing deck exceeds the height limit, noted that the chimney
is for aesthetic purposes only, indicated that the approval of the permit does not set
a precedent, clarified that the elevation of the fireplace is from the base of the finished
deck, and stated that the fireplace is gas only.
Council Member Gardner noted that a letter was received opposing the approval of
the permit.
Council Member Rosansky indicated that he visited the property and believed that the
fireplace will blend into the structure of the house and not be unduly noticeable.
Council Member Selich stated that he does not see a negative impact to the property
below.
Mayor Curry opened the public hearing.
James Person, counsel for the applicant, stated that the applicant will be making more
changes to comply with the conditions and asked Council to amend Condition 9 to allow
the applicant 45 -days.
Hearing no further testimony, Mayor Curry closed the public hearing
Motion by Council Member Rosansky, seconded by Council Member Daigle to
adopt Resolution No. 2010 -116 granting the appeal and approving Modification No.
2009 -030 as revised, subject to findings and conditions.
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
16. ZONING CODE UPDATE (PA2009 -034) - CODE AMENDMENT NO. 2009 -001 -
NEGATIVE DECLARATION NO. 2010 -005 - TO IMPLEMENT THE CITY S
LAND USE ELEMENT AND OTHER POLICIES AFFECTING LAND USE AND
DEVELOPMENT CONTAINED IN THE 2006 GENERAL PLAN. [100 -2010]
Acting Planning Director Campbell utilized a PowerPoint that included why the Zoning
Code was updated, public participation, suggested changes, zoning districts, notable
improvements, effective date of the code, and site maps.
In response to Council questions, Senior Planner Ramirez clarified that a
subterranean basement does not count toward the maximum floor area limit and future
changes to solar issues will be discussed individually as they are presented.
Council Member Gardner expressed concern about public view protection and suggested
additional language to 20.36.070 to create a buffer zone around Environmentally
Sensitive Habitat Areas (ESHA).
In response to Mayor• Pro Tem Henn's question, Acting Planning Director Campbell
stated that the staff report should state the regulatory framework and explained
permitting for late hour alcohol establishments. He also stated that a proposal has
Volume 59 - Page 596
City of Newport Beach
City Council Minutes
October 12, 2010
been solicited from a consultant to produce a regulatory framework for splitting use
permits for alcohol establishments into an operator license and a use permit running
with the land, and stated that staff will bring the item to Council the first quarter of
next year. Mayor Pro Tem Henn expressed dissatisfaction with the time schedule
and directed staff to produce a faster schedule.
Mayor Curry opened the public hearing.
Tom Matthews, Irvine Company representative, expressed concern that the rooftop
screening exception will be removed from the Zoning Code and suggested that the
exception be retained with the view from private residences being added. Acting
Planning Director Campbell explained the reason for removing the exception, but
stated that it could be added back.
In response to Chris Craven's question, Council Member Rosansky stated that the City
is working with the Frog House owner to have the property rezoned to commercial.
Dick Nichols believed that the Zoning Code has been constantly rewritten and that the
public should be allowed more time to review it prior to approval by Council.
John Abell clarified the time schedule for the adoption of the Zoning Code and
expressed support for the Zoning Code update.
Carol McDermott commended the committee and staff for being responsive to
community input and urged Council to consider adopting the recommended map of the
Zoning Code Implementation Committee as it relates to 401 Avocado Avenue. Acting
Planning Director Campbell explained the difference between the recommended
development areas. Council Member Selich discussed the Planning Commission's
recommendation and stated that restricting the area will result in an unfair penalty
to the property owner.
Andrew Getz expressed concern that the enforcement of the Zoning Code will commence
in January and urged Council to allow current projects a longer time period to be issued
a permit.
In response to Abe Hong's question, Acting Planning Director Campbell stated
that non - conforming uses have not been changed in the Zoning Code update and offered
to work with concerned citizens individually.
Casey Phu expressed opposition to the adoption of the Zoning Code Update.
Rush Hill addressed Zoning Code Section 20.22.010 and suggested adding a sentence to
the end of paragraph E regarding encouraging marine use when designing non-
residential spaces.
Karen Tringali expressed support for establishing basement floor area limits.
In response to Council Member Webb's question, Acting Planning Director Campbell
stated that a 50 -foot buffer for evasive species is adequate.
Hearing no further testimony, Mayor Curry closed the public hearing.
Acting Planning Director Campbell reviewed the following changes to the Zoning Code
that were made during the public hearing: Change the footnote that eliminated
Volume 59 - Page 597
City of Newport Beach
City Council Minutes
October 12, 2010
language for high fire severity zones; add a 50 -foot buffer for evasive species
surrounding Environmentally Sensitive Habitat Areas (ESHA); retain the language in
the current Zoning Code pertaining to the screening of mechanical equipment on
rooftops while adding private residences to the language; and include language that
encourages the facilitation of marine use when designing non - residential spaces.
Mayor Curry commended Council, community groups, and staff who worked on the
project.
Motion by Council Member Selich seconded by Council Member Webb to a)
adopt Resolution No. 2010 -117 adopting Negative Declaration No. ND2010 -005; and b)
introduce Ordinance No. 2010 -21 which replaces in its entirety Title 20 (Planning and
Zoning) of the Newport Beach Municipal Code with amendments, and pass to second
reading on October 26, 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
17. ANNUAL REVIEW OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT
AGREEMENT FOR SOBER LIVING BY THE SEA (PA2008 -199). [100 -20101
Motion by Council Member Rosansky, seconded by Council Member Webb to
continue the item to the regular meeting of November 9, 2010, in order to provide
adequate time to comprehensively address all issues raised in the process of reviewing
the Zoning Agreement.
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
XVI. PUBLIC COMMENTS
Bob Rush urged residents to vote no on Measure V because he believed it to be flawed, lacked
transparency, and included conflicts of interests.
Cyndie Barcoman expressed concern about cell phone towers in the City and their negative
effects on residents.
In response to Mark Carlozzi s question, Mayor Pro Tern Henn reiterated that the Balboa
Village Parking District has been tabled until it can be completely reviewed and re- analyzed.
He assured residents that there is no proposal under consideration by Council at this time to
place parking meters in residential areas.
Mark Tabbert expressed opposition to Measure V, stating that the issues are lumped together.
He provided a handout and invited residents to visit the Daily Pilot's website or
Markfornewport.com for more information.
At the request of Mayor Curry, City Clerk Brown provided the cost estimate for printing 14
separate Measures on the ballot.
Referencing Measure V, Dolores Otting expressed concern about agreement terms, sale of beach
Volume 59 - Page 598
City of Newport Beach
City Council Minutes
October 12, 2010
front property, and the appointment process.
In response to Dick Nichols question, City Manager Kiff assured residents that staff is
addressing the speed survey maps' clarity and addressed his concerns regarding staff reports.
Karen Tringali invited residents to attend the Corona del Mar Residents Association's Council
Candidate Forum on October 20, 2010 from 6:30 p.m. to 7:30 p.m. at the new OASIS Senior
Center.
XVII. CURRENT BUSINESS
18. APPOINTMENT OF MEMBERS TO THE CITIZENS BICYCLE SAFETY
COMMITTEE. [100 -20101 Appoint seven members to the Citizens Bicycle Safety
Committee.
City Clerk Brown read the ballot vote as follows:
Scott Bergey (Selich, Curry, Gardner)
Tom Croxton ( Rosansky, Henn, Curry, Webb, Gardner)
Barbara Danzi (Selich, Henn, Webb, Gardner, Daigle)
John Heffernan (SAch, Rosansky, Henn, Curry, Webb, Gardner, Daigle)
Denis LaBonge (Selich, Rosansky, Curry, Webb, Gardner, Daigle)
Sean Matsler ( Rosansky, Henn, Webb, Gardner, Daigle)
Tony Petros (Selich, Rosansky, Henn, Curry, Webb, Gardner, Daigle)
Stephen Sholkoff (Selich, Rosansky, Henn, Curry Webb, Daigle)
John Tzinberg (Selich, Rosansky, Henn, Curry, Daigle)
City Clerk Brown announced that there will be a second ballot vote between Tom
Croxton, Barbara Danzi, Sean Matsler, and John Tzinberg.
Tom Croxton (Selich, Rosansky, Henn, Curry, Webb, Gardner)
Barbara Danzi (Selich, Henn, Curry, Webb, Gardner, Daigle)
Sean Matsler ( Rosansky, Henn, Webb, Gardner, Daigle)
John Tzinberg (Selich, Rosansky, Curry, Daigle)
City Clerk Brown announced that Tom Croxton, Barbara Danzig John Heffernan,
Dennis LaBonge, Sean Matsler, Tony Petros, and Stephen Sholkoff are appointed to the
Citizens Bicycle Safety Committee.
19. REVIEW OF OFFICE OF THE CITY ATTORNEY MISSION, GOALS AND
STANDARDS. [100 -20101
Motion by Council Member Selich, seconded by Council Member Rosansky to
Volume 59 - Page 599
City of Newport Beach
City Council Minutes
October 12, 2010
continue the item to the November 9, 2010 Council meeting.
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
20. NEWPORT BANNING RANCH WATER SUPPLY ASSESSMENT. [100 -2010]
Utilities Director Murdoch reported that the water supply assessment is required to be
approved by Council.
Debby Linn, consultant, stated that the water supply assessment is the first step in the
planning process for water supply analysis and is required by Senate Bill 610.
In response to Council Member Gardner's question, Doug Gillingham, AECOM,
discussed the plans for supply availability and stated that water usage has been
reduced since 1995.
Motion by Council Member_ Webb, seconded by Council Member Rosansky to
adopt Resolution No. 2010 -118 approving the Newport Banning Ranch Water Supply
Assessment.
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 Daigle
Noes: Council Member Gardner
21. SOLAR ENERGY SYSTEM INSTALLATIONS. [100 -20101
Motion by Council Member Rosansky, seconded by Council Member Webb to
continue this item to October 26 in order to have this item heard in a Study Session and
devote additional time to this discussion.
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 -10:05 p.m.
The agenda for the Regular Meeting was posted on October 6, 2010, at 11:40 a.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
Secretary
Volume 59 - Page 600
City of Newport Beach
City Council Minutes
October 12, 2010
y4v� D b awf--�
City Clerk
Mayor
Volume 59 - Page 601