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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