The URL can be used to link to this page

Home My WebLink About2010-76 - Calling the General Municipal Election - 11-2-10RESOLUTION NO. 2010 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 2, 2010 FOR THE SUBMISSION OF PROPOSED CHARTER AMENDMENTS AND ORDINANCE REPEAL WHEREAS, pursuant to authority provided by Article XI of the California Constitution, Title 4, Division 2, Chapter 2 of the California Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the California Elections Code, the City Council of the City of Newport Beach desires to submit to the voters proposed Charter amendments relating to various provisions within the Charter; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed Charter amendments to the voters. NOW, THEREFORE, THE COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Article XI of the California Constitution, Title 4, Division 2, Chapter 2 of the California Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the California Elections Code, there is called and ordered to be held in the City of Newport Beach, California on Tuesday, November 2, 2010, a General Municipal Election for the purpose of submitting the following proposed Charter amendment and ordinance repeal measure: Shall the Charter be amended and ordinances repealed to: close Charter loopholes that circumvent Proposition 13; restrict oil YES operations; amend legal document publication requirements; simplify franchise processes; increase formal bidding thresholds; adjust misdemeanor penalties; require redistricting appointments every ten years; amend Civil Service System; repeal Chamber of Commerce contribution limit; remove City contract term limitations; require vote for the sale of City owned waterfront property; make administrative NO changes to comply with state and federal law? SECTION 2. The full text of the Charter amendments and ordinance repeal submitted to the voters by the ballot measure in Section 1 is attached to this Resolution as Exhibit 1." SECTION 3. The ballots to be used at the November 2, 2010 election shall be in a form and content as required by law. SECTION 4. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. The polls shall be open at seven o'clock a.m. (7:00 a.m.) on the day of the election and shall remain open continuously from that time until eight o'clock p.m. (8:00 p.m.) of the same day when the polls shall be closed, except as provided in California Election Code Section 14401. SECTION 6. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on this 6th day of July, 2010. IG1 Leilani I. Brown I City Clerk G eith D. Curry Mayor RN kA EXHIBIT 61" To Resolution Calling General Election and Submitting Charter Amendments and Ordinance Repeal Redline Draft of Amended Charter Sections CLOSE CHARTER LOOPHOLE THAT CIRCUMVENTS PROPOSITION 13 Repeal the text of Section 1107 and reserve the section space for future use. Section 1107. Reserved.Tax Limits. 111111111111:211 _0 ris =vrxm rmr_rr rrs�:rs . 1111k.411,111 11 Page 1 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question Amend Charter Section 1113 Section 1113. Capital Improvement Fund. A fund for capital improvements generally is hereby created, to be known as the "Capital Improvement Fund ". The City Council may create by ordinance a special fund or funds for a special capital improvement purpose. The City Council may levy and hmittpd City Council may transfer to any such fund any unencumbered surplus funds remaining on hand in the City at any time. Once created, such fund shall remain inviolate for the purpose for which it was created; if for capital improvements generally, then for any such purposes, and if for a special capital improvement, then for such purpose only, unless the use of such fund for some other capital improvement purpose is authorized by the affirmative votes of a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. If the purpose for which any special capital improvement fund has been created has been accomplished, the City Council may transfer any unexpended or unencumbered surplus remaining in such fund to the fund for capital improvements generally, established by this Charter. (As amended effective April 28, 1966) RESTRICT OIL OPERATIONS Amend Charter Section 1401 Section 1401. Oil Well Drilling. No drilling, including off shore drilling originating from the ocean's surface, for, exploration work of any kind, production or refining of, oil, gas or other hydrocarbon Page 2 A09 -00673 —Final Master Exhibit? - Redline Draft of Amended Charter Sections –One question substances shall be permitted within the incorporated that-area of the City of Newport Beach. ;4,-; ^h 14mit^ ^ ' ^f As ..f th„ off.. ^t'.,^ .date of fh•^ r a#e4: These prohibitions shall apply to any actions iasla ide taken by the City of Newport Beach itself. This Section, however, shall not prohibit the exploration or drilling for, production or processing rg Hof oil, gas or other hydrocarbon substances by vertical, slant or other drilling method originating from the surface within the approximately twenty (20) acres of arm territory depicted and specifically described in Exhibits "A" and "B" to this Charter and incorporated herein by reference. ° oxoa to the Gif„ of +or the effeGfiye rdatn of this Chahar if s ish dr'llir n ir . ef e n. -.n.h infer! in nh was ARRPXat'AR th ^reef. The owner of property annexed into the City after December 7, 2010 shall have up to a maximum of ten years from the date of annexation to bring the Property into compliance with this section. This Section shall not prohibit the continuance of production of any well slant drilled under property within the City from a location outside the City and in existence at the time this Charter takes -took effect. Nor shall this section preclude the City Council from permitting the slant drilling of wells under the surface of property within the City from surface locations located either outside the City or within future annexations to the City wherein the drilling for and production of oil, gas and other hydrocarbon substances is permitted ; However, if ^r ^yWed- that slant drilling originates from the surface outside of the approximately twenty (20) acres of territory depicted in Exhibits "A" and `B it shall first be approved by a majority of the electors voting on such proposition at any special or general municipal election, and provided further that all of the following conditions shall be complied with: (a) The holding of a public hearing upon any application for a permit to conduct such drilling; (b) The requiring of the removal of all derricks and other surface structures used in the drilling of such well upon completion or abandonment of such well; (c) The furnishing of a faithful performance surety bond and the maintenance of public liability and property damage insurance by the permittee in amounts deemed adequate by the City Council; Page 3 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections -One Question (d) The screening by landscaping and the beautification of any production and maintenance facilities used in the operation of any such well; (e) Provisions for the payment to the City of such amounts as in the sound discretion of the Council are adequate amounts for the consideration or granting of such permit, the holding of such hearing, the making of initial and periodic inspections, the granting of easements under City property and for royalties or rentals; (f) The requirement that no such well shall traverse any land under the area of the City wherein drilling is prohibited at a vertical depth of less than 400 feet from the surface of the ground; and (g) Such other conditions as the City Council may prescribe by ordinance. (As amended effective April 23, 1958) AMEND LEGAL DOCUMENT PUBLICATION REQUIREMENTS Amend Charter Sections 414 Section 414. Ordinances. Publication. The City Clerk shall cause each ordinance to be published pursuant to the procedures established in California Government Code Section 36933 or any successor statute thereto. . Repeal the text of Section 419 and reserve the section space for future use. Section 419. Reserved. Page 4 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question � I Page 4 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question SIMPLIFY FRANCHISE PROCESSES Amend Charter Section 1301 Section 1301. Resolution of Intention. Notice and Public Hearing. Unless a different procedure is established by the Municipal Code, baefore granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once, within fifteen days of the passage thereof, in the official newspaper. Said notice shall be published at least ten days prior to the date of hearing. At the time set for the hearing the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the resolution of intention to grant the same, subject to the right of referendum of the people, or it may deny the same. If the City Council shall determine that changes should be made in the terms and conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon. INCREASE FORMAL BIDDING THRESHOLDS Amend Charter Section 1110 Section 1110. Contracts on Public Works. Every project for the construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks or playgrounds, and every purchase of supplies or materials for any such project, when the total expenditures required for the project Page 5 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question exceed One Hundred and Twenty -Five Thousand Dollars ($12539,000), or such lesser amount as may be established by ordinance, shall be let by the City Council by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions, the first of which shall be at least ten days before the time for opening bids. This formal bid dollar amount shall be adjusted annually pursuant to an index specified by City Council resolution. Projects for the maintenance or repair of such facilities are excepted from the requirements of this paragraph if the City Council determines that such work can be performed more economically by a City department than by contracting for the doing of such work. All bids shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified then in an amount not less than ten percent (10 %) of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, within the time specified in the notice inviting bids or in the specifications referred to therein, the amount of his or her bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The City Council may reject any and all bids presented and may re- advertise in its discretion. The City Council, without advertising for bids, or after rejecting bids, or if no bids were received, may declare and determine that, in its opinion, based on estimates approved by the City Manager, the work in question may be performed better and more economically by the City with its own employees or the supplies or materials may be purchased more economically on the open market, and after the adoption of a resolution to this effect by at least five affirmative votes of the Council may proceed to have said work done or said supplies or materials purchased in the manner stated, without further observance of the provisions of this Section. Such contracts likewise may be let without advertising for bids, if such work or supplies or materials shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by at least five affirmative votes of the Council and containing a declaration of the facts constituting such urgency. The City Council shall have the power to establish standards, procedures, rules or regulations relating to all aspects of the bidding, award and performance of any public Page 6 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question works contracts, including but not limited to, compensation paid for performance of such work. ADJUST MISDEMEANOR PENALTIES Amend Charter Section 1404 Section 1404. Violations. (The violation of any provision of this Charter shall be deemed a misdemeanor, which may be prosecuted in the name of the People of the State of California. and be punishable by a fine ef—not exceeding One Thousand Dollars ($1000.00) or by imprisonment in the City Jail for a term of-not exceeding six months or by both such fine and imprisonment. Additionally, such violations of this Charter may also be redressed by civil action and /or administrative citation. (b) The City Council may make the violation of any ordinance of the City a misdemeanor or an infraction which may be prosecuted in the name of the People of the State of California. Unless specifically designated as an infraction, a violation of any ordinance of the City shall constitute a misdemeanor. The maximum fine and /or penalty for any violation of a City ordinance, whether a misdemeanor or an infraction, shall be established by ordinance. Additionally, the violation of any City ordinance may be addressed by civil action and /or administrative citation. REQUIRE REDISTRICTING APPOINTMENTS EVERY TEN YEARS Amend Charter Section 1005 Section 1005. Districts. The City is hereby divided into seven districts, the names and respective boundaries of which shall be as established by ordinance. No ordinance changing and redefining the boundaries of any district shall be enacted within six months prior to any regular Councilmanic election. Following the national censUSIR 195P and each tenthfei-Ah year thereafter the City Council shall appoint a committee to study and report to the City Council on the advisability of redistricting the City. Upon receipt of any such committee report, and at any other time deemed necessary or desirable in order that the district boundaries be fair and logical, the City Council may by ordinance change and redefine the boundaries of any or all of the seven districts herein established. The boundaries so defined shall Page 7 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question be established in such manner that the district shall, as nearly as practicable, constitute natural areas of contiguous and compact territory and provide fair representation on the City Council. Notwithstanding the provisions of Section 401, no redistricting shall disqualify any CouncilmembernaR from serving as CouncilmembernaR from the district from which he or she was nominated or appointed for the remainder of his or her term, if elected, or until the next general municipal election, if appointed. Any territory hereafter annexed to or consolidated with the City shall, at the time of such annexation or consolidation, be added by ordinance of the City Council to an adjacent district or districts. AMEND CIVIL SERVICE SYSTEM Amend Charter Provisions Governing the Civil Service System Section 711. Civil Service Board. Powers and Duties. The Civil Service Board shall have the power and duty to: (a) Recommend to the City Council, after a public hearing thereon, the adoption, amendment or repeal of civil service system rules and regulations. The rules and regulations, as may be adopted from time -to -time by the City Council, shall have the force and effect of law. (b) Act in an advisory capacity to the City Council on problems concerning personnel administration. (c) Receive and h #ear appeals submitted beef any person employed byia the City empleyment relative to any appointment, promotion, suspension, demotion er-dismissal aad-or other disciplinary action and to make determinations thereon. r°^^^•^•°nc' °''^^° thefe ^.The Board's determinations shall be final for persons included in the Civil Service System. The Board may modify or revoke a disciplinary action only upon the following three grounds: 1. The facts do not justify the action taken, the action taken is unlawful or the action taken is superseded by local, state or federal law; or 2. Substantive violation or omission of procedure was made; or 3. The action taken was unreasonable, capricious or arbitrary in view of the offense, the circumstances surrounding the offense and the past employee record of the employee. Page 8 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question (d) Make any investigation concerning the administration of personnel in the municipal service and report its findings to the City Council and City Manager when requested to do so by the City Council, the City Manager or by any organized City Employees' association. (e) Perform such other duties as may be prescribed by ordinance. �� Section for handling personnel matters: to attract to the City service the most competent persons available, to assure that the appointment and promotion of employees will be based on merit and fitness, and to provide reasonable security for employees. The City Council shall by ordinance continuously maintain this a ^,,,tee system for the ° , employment, classification, advancement, suspension and discharge of those appointive officers and employees who shall be included in the system. The system shall comply with all other provisions of this Charter. Section 8012. Positions Included in the System. The civil service system shall include all full time, regular and permanent positions or employment on the Police and Fire Department of the City and may, by ordinance, include any other appointive officers or positions in the service of the City except the following: 1. All elective officers. 2. City Manager, Assistant City Manager, if any, one private arY executive assistant to the City Manager, City Attorney, Assistant City Attorney, if any, City Clerk, Director of Finance, City Engineer, all Department Heads, and Assistant Chiefs in the Police and Fire Departments.^" employees of the ' ibra y ^ ^pailmeRt .,^'," iRg the &AFiAR 3. All members of boards and commissions. Page 9 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections -One Question Section for handling personnel matters: to attract to the City service the most competent persons available, to assure that the appointment and promotion of employees will be based on merit and fitness, and to provide reasonable security for employees. The City Council shall by ordinance continuously maintain this a ^,,,tee system for the ° , employment, classification, advancement, suspension and discharge of those appointive officers and employees who shall be included in the system. The system shall comply with all other provisions of this Charter. Section 8012. Positions Included in the System. The civil service system shall include all full time, regular and permanent positions or employment on the Police and Fire Department of the City and may, by ordinance, include any other appointive officers or positions in the service of the City except the following: 1. All elective officers. 2. City Manager, Assistant City Manager, if any, one private arY executive assistant to the City Manager, City Attorney, Assistant City Attorney, if any, City Clerk, Director of Finance, City Engineer, all Department Heads, and Assistant Chiefs in the Police and Fire Departments.^" employees of the ' ibra y ^ ^pailmeRt .,^'," iRg the &AFiAR 3. All members of boards and commissions. Page 9 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections -One Question 4. Positions in any class or grade created for a special or temporary purpose and which may exist for a period of not longer than six months in any one calendar year. 5. Persons employed to render professional, scientific, technical or expert service. 6. Persons who render part -time service without pay or who are paid on an hourly or per diem basis. Section 8023. Withdrawal From System. After inclusion in the system, any departments or appointive officers or employees shall not be withdrawn therefrom, either by an outright repeal of the civil service ordinance or otherwise, unless such withdrawal has been submitted to the city electors at a special or regular municipal election and approved by a majority of two - thirds of those electors voting on the proposition. Repeal Ordinance No. 866 adopted by a vote of the people on November 24, 1958 and codified in Newport Beach Municipal Code Chapter 2.24. Page 10 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question r■i rr_�r_�r:�eraavfasn _ arrn�ar:rrar_*so�ar..n�rarT ZIMINN "R=112.2 W. Mai- ■ Page 11 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question Page 12 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question . �.� .. _ .. ._ .. .. 11 1111 U 1 11111 111 111 Page 12 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question Page 13 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections -One question +ha +'s es+r'G +ed to (" +v employees, +hen si +inn .rrc�°azT°'r. Reass'o en+ The +arm en +" shall mean the Ghanoe of an employee b" department head from a sitien On Glass +e another n sitien in the samp, Gloss of a +traG +'n al'f'ed Beer ' +ment The term +men+" shall the preGess Regular The term l e" shall m employee who hoc rEEmployee. _RR. of an employee ...ho Regular Status. The term "regular status" shall m n the status; has aGq6l red a replar a in +men+ keen. to +emen+ The term nsta+ement" shall mean the reemployment of a former emp� c RejeGteR. The term "reteG + "o shall mean separafien. from the City s of a y.,he dneG net have reguilaF status R nether n sltiep OR different Glass GF, the reel G+'o of Rn pleyee whe did- no+ s ssf ILA G ple +e his reha +'o On perod pa&it en te aRE48F posit on n R diffprent ResignatieR. The term " a+'o Glass v.,h Gh h8 haS shall m employee's aGq6l Fed regular Status. voluntary separatleR. r les and r la +'o adep +ed to +h "s Ghapter. pursuant Ga nd'dates through ene. mere r' +h ,' .. the Qty. s�s�e;� t s�aspci= ' shell the ratiep f ��:,= rr— .sle;T�te�se�a,- emple„ee as a diSGipliRary aG +'e �.o„ --e�� Page 13 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections -One question Temperary PosifieR. The +or.., "temporary pe4Urtio " shall mean aa o' +., of I'..,' +ed d. Iration A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections -One question Page 15 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question M— -- — a. -• Page 15 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question I�= �7"�'��'�lTT.7{t►SSfrtTZV�ICIR. SiT�Tt'1T.. .1�L7�LTti7T7�TLTT.s7. . f��JTSS.T.T.T1 � ��.T�.T.TTT7�''P : 71: 1fS7ZS7GT .�SS�7LTS:�T.11T,/TS1:T. �:T7.7TT.1�17TSt�1{7:71:1 � ... .... - TT�TIT'r. .. .S7►.T.�:.... .. .. Bi�I.S:I.RT..7lTZ7 \...TSS.n. T.S SLT'17.T Page 16 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections - One question f��r St1. T. �A' T.. T.. ILST. TT. St71: �IL7_ Z1LTT- 1T7 _�SZ7TT.:1:\RA^.TT.SSIfSiT.Tt� low fill, .11 IN if A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections -One question a Qj_ fill, .11 IN if A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections -One question Page 18 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question L Z77T1^. T. 1►. 1t1�►_ T. S SRSa9L37�T.Ti1L7T7GTSS- T7 ---- -- . ... .. 7 prrff=l WIN OWN I Page 19 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question Page 20 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question 11 101 1111 jljl,�jjijijw 1 ` Nt�NiIlINiIIN�lNAIl� ill MMI Page 20 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question VAt kv.t. lvmmy7RT.T Cr_wwr.crr='MIN'CT TW=112P.1:SiT7TTT1'�1INUM 1frST.SlST.l7t1. .. Ie��T^.T.SS�[7GT.Tft�t /TT.T�7. _ �TJL1 -. GT�T�TT7G1� ^.TT4RTST.Tl7T 1--- OF ---S74 me IF M Well ............. — ---------- __ YrT7 ---- ,CL11 .. -._ -. GT�T�TT7G1� ^.TT4RTST.Tl7T 1--- -- ---S74 IF M Well �. T. I="M ■T.T.!T.S7►T.�vtTaT.tT3TT.1rTJ ■71'5.1. IF M Well A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections -One question Page 22 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question �■ x3m12MIrr.m:ur.r.r_rMr.cr.nar_srs rr.r.n7.W.Tz.Mrr.imir.�so. 10-5-2 WIN GZ1 .L[•TiTJ_T.iiRSl7ttf[STi7iStt .. ■_ a IOU GZ1 .L[•TiTJ_T.iiRSl7ttf[STi7iStt W W7,, I&X I71- T.'EilltiiT= REPEAL LIMITATION ON CHAMBER OF COMMERCE CONTRIBUTION Repeal Ordinance No. 743 adopted by a vote of the people on March 15, 1955 and codified in Newport Beach Municipal Code Chapter 3.24. .. .. a IOU W W7,, I&X I71- T.'EilltiiT= REPEAL LIMITATION ON CHAMBER OF COMMERCE CONTRIBUTION Repeal Ordinance No. 743 adopted by a vote of the people on March 15, 1955 and codified in Newport Beach Municipal Code Chapter 3.24. .. .. Page 23 A09 -006 73 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question REPEAL LIMITATION ON LONG TERM CONTRACTS Repeal the text of Section 420 and reserve the section space for future use. Section i SALE OF WATER FRONT PROPERTY Amend Charter Section 1402 Section 1402. Water -front Property. The City Council shall not sell or convey any water -front or beach property, excepting to the State or to the County for use as a public beach or park, without an affirmative vote of the electorate at a general or special election. Notwithstanding any other provision of this Charter, the City Council shall have the authority to lease City -owned property, including tide and submerged lands so long as the lease is limited to the term permitted by State law. Nothing in this Section shall invalidate any lease of such property in existence at the time of the effective date of the Charter nor the future leasing or re- leasing of any such property under lease at the effective date of this Charter. There shall be reserved forever to the people the public use of a strip of bay front land above mean high tide not less than eighty -five feet in depth of the city -owned water front property bounded on the west by the southeasterly line of Nineteenth Street and bounded on the east by a line parallel thereto lying 349.90 feet northwesterly of the northwesterly line of Fifteenth Street, said frontage to be bay front frontage. Page 24 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question [a] II I'd M/_101 VIM =1 N" 0 =N I a] =0 [yY /_19]kyi 11►16-19 R-11I1T/ *y: /_1 Z[ei Repeal the text of Section 501 and reserve the section space for future use. Section i Res mdpnre GENDER NEUTRAL REFERENCES (ADMINISTRATIVE CHANGES) Update Various Charter Sections to be Gender Neutral Section 402 -B. Reimbursement for Expenses. The members of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling expenses when on official duty. In addition, each member shall receive the sum of four hundred forty -one dollars and Fifteen Cents ($441.15) per month, adjusted annually in accordance with the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index, or five percent (5 %) whichever amount is lesser, as reimbursement for other expenditures imposed upon him in serving as a City Councilmemberman. Absence of a Councilmemberman from all regular and special meetings of the Council during any calendar month shall render such Councilmembermaw ineligible to receive such sum for such calendar month. Section 403. Vacancy. A vacancy in the City Council from whatever cause arising, shall be filled by appointment by the City Council of a qualified person from the district in which the vacancy has occurred, such appointee to hold office until the first Tuesday following the next general municipal election and until his or her successor qualifies. At the next general municipal election following any vacancy, a CouncilmembermaR shall be elected from the district in which the vacancy exists to serve for the remainder of the unexpired term. If a member of the City Council absents himself or herself from all regular meetings of the City Council for a period of sixty days consecutively from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, or is convicted of a crime involving moral Page 25 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One question turpitude, or ceases to be a qualified elector of his or her district, his or her office shall become vacant and shall be so declared by the City Council. In the event the City Council shall fail to fill a vacancy by appointment within thirty days after such office shall have been so declared vacant, it shall forthwith cause an election to be held to fill such vacancy from the proper district. Section 406. Interference in Administrative Service. Neither the City Council nor any of its members shall interfere with the execution by the City Manager of his or her powers and duties, or order, directly or indirectly, the appointment by the City Manager or by any of the department heads in the administrative service of the City, of any person to an office or employment or his or her removal therefrom. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. Section 500. City Manager. There shall be a City Manager appointed by the City Council who shall be the chief administrative officer of the City. In the selection of a City Manager the City Council shall screen all qualified applicants and other qualified persons known by the Council to be available. It shall appoint by a majority vote, the person that it believes to be best qualified on the basis of his or her executive and administrative qualifications, with special reference to his or her experience in, and his or her knowledge of, accepted practice in respect to the duties of the office as set forth in this Charter. The City Manager shall serve at the pleasure of the City Council. Section 502. Eligibility. No person shall be eligible to receive appointment as City Manager while serving as a member of the City Council nor within one year after he or she has ceased to be a City CouncilmembernaR. Section 503. Compensation and Bond. The City Manager shall be paid a salary commensurate with his or her responsibilities as chief administrative officer of the City, which salary shall be established by ordinance or resolution. The City Manager shall furnish a corporate surety bond in such form and in such amount as may be determined by the City Council. Section 504. Powers and Duties. Page 26 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question The City Manager shall be the head of the administrative branch of the City government. He or she shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have power and be required to: (a) Appoint, and he or she may suspend or remove, subject to the provisions of this Charter, all department heads and officers of the City except elective officers and those department heads and officers the power of whose appointment is vested by the Charter in the City Council, and approve or disapprove all proposed appointments and removals of subordinate employees by officers or department heads. (b) Prepare the budget annually, submit such budget to the City Council and be responsible for its administration after its adoption. (c) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding fiscal year. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him or her desirable. (e) Establish a centralized purchasing system for all City offices, departments and agencies. (f) Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the City Council for adoption by it. (g) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced. (h) Exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he or she may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his jurisdiction. (i) Perform such other duties consistent with this Charter as may be required of him or her by the City Council. Page 27 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question Section 602. City Attorney. Powers and Duties. To become and remain eligible for City Attorney the person appointed shall be an attorney at law duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least three years prior to his or her appointment. The City Attorney shall have power and may be required to: (a) Represent and advise the City Council and all City Officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or City ordinances. He or she shall prosecute misdemeanor offenses arising under State law if authorized and directed to do so by ordinance or resolution adopted by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all actions or proceedings in which any such officer or employee is concerned or is a parry for any act arising out of his or her employment or by reason of his or her official capacity. (d) Attend all regular meetings of the City Council and give his or her advice or opinion in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds given to the City, endorsing his or her approval thereon in writing. (f) Prepare any and all proposed ordinances and resolutions for the City and amendments thereto. (g) Devote such time to the duties of his or her office as may be specified in the ordinance or resolution fixing the compensation for such office. (h) Surrender to his or her successor all books, papers, files and documents pertaining to the City's affairs. The City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein. Section 603. City Clerk. Powers and Duties. Page 28 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question The City Clerk shall have power and be required to: (a) Attend all meetings of the City Council unless excused and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter; keep all books properly indexed and open to public inspection when not in actual use. (c) Maintain separate books, in which a record shall be made of all written contracts and official bonds. (d) Be the custodian of the seal of the City. (e) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (f) Be ex- officio Assessor, unless the City Council has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (g) Have charge of all City elections. (h) Perform such other duties consistent with this Charter as may be required of him or her by ordinance or resolution of the City Council. Section 605. Director of Finance. There shall be a Director of Finance appointed by the City Manager and subject to suspension or removal by the City Manager who shall have power and shall be required to: (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager, and be head of the Finance Department of the City. (b) Compile the budget expense and income estimates for the City Manager. Page 29 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question (c) Maintain a general accounting system for the City government and each of its offices, departments and agencies. (d) Receive all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal Government, or from any Court, or from any office, department, or agency of the City. (e) Have custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit all funds coming into his or her hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (f) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit, approve and provide for the payment of all bills, invoices, payrolls, demands or charges against the City and, with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges. (g) See that all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and all other money receivable by the City from the County, State or Federal Government, or from any court, office, department or agency of the City are collected. (h) Through the City Manager submit to the City Council and to the certified public accountant employed by the City as an independent auditor a monthly statement of all receipts, disbursements and fund balances in sufficient detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a complete financial statement and report. (i) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies. Q) Assume the title of and act as City Treasurer and with the approval of the City Manager appoint deputies as necessary to act under the provisions of any law requiring or permitting action by a City Treasurer. Page 30 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question (k) Perform such other duties consistent with this Charter as may be required of him or her by ordinance or resolution of the City Council. Section 606. Administering Oaths. Each department head and his or her deputies shall have the power to administer oaths and affirmations in connection with any official business pertaining to his or her department. Section 607. Department Heads. Appointment Powers. Each department head and appointive officer shall have the power to appoint, suspend and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for his or her department or office, subject to the provisions of this Charter and of any personnel, merit or civil service system adopted hereunder. Any such appointment or removal by a department head appointed by the City Manager shall be subject to approval by the City Manager. Section 608. Illegal Contracts. Financial Interest. No member of the City Council, department head or other officer of the City (except a member of any board or commission), shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party. No member of any board or commission shall be financially interested directly or indirectly, in any contract, sale or transaction to which the City is a party and which comes before the board or commission of which such person is a member for approval or other official action or which pertains to the department, office or agency of the City with which such board or commission is connected. Any contract, sale or transaction in which there shall be such an interest, as specified in this Section, shall become void at the election of the City when so declared by resolution of the City Council. No member of the City Council, department head or other officer of the City, or member of any board or commission shall be deemed to be financially interested, within the meaning of the foregoing provisions, in any contract made with a corporation where his or her only interest in the corporation is that of a stockholder and the stock owned by him or her shall amount to less than three percent (3 %) of all the stock of such corporation issued and outstanding. If any member of the City Council, department head or other officer of the City, or member of a board or commission shall be financially interested as aforesaid, upon Page 31 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question conviction thereof he or she shall forfeit his or her office in addition to any other penalty which may be imposed for such violation of this Charter. Section 609. Acceptance of Other Office. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated his or her office under the City Government. Section 610. Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall any department head or other officer having appointive power appoint any relative of his or hers within such degree to any such position. Section 611. Official Bonds. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. Section 704. Meetings. Chair ep rson. As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission. Each board or commission shall hold regular meetings at least once each month and such special meetings as such board or commission may require. All proceedings shall be open to the public. Except as may be otherwise provided in this Charter, the City Manager shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Each board or commission shall have the same power as Page 32 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations. Section 705. Compensation. Vacancies. The members of boards and commissions shall serve without compensation for their services as such but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council. In addition, the City Council may by resolution fix an amount as reimbursement of other expenditures incurred by the members of boards and commissions while in the performance of their official duties. Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board or commission absents himself or herself from three consecutive regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a registered elector of the City, his or her office shall become vacant and shall be so declared by the City Council. Section 1004. Voters Signing Nomination Petitions. The voters signing and petition for the nomination of any person to the office of CouncilmembermaR shall be residents and registered voters of the district from which such person is to be nominated. Section 1101. Annual Budget. Preparation by the City Manager. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager estimates of revenue and expenditures for his or her department for such board of commission for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions and may revise the estimates as he or she may deem advisable. End Page 33 A09 -00673 —Final Master Exhibit 1 - Redline Draft of Amended Charter Sections –One Question WTITUDE CT � EXHIBIT A TO CHARTER 1 , ♦ o It w / 1 1 ' ' ILL / /e_PARK HILL a 1, 1 ♦ ♦ L4 r ' ♦' ♦ ♦ ♦ 1 ' SPI NNAKER RUN 1 I 1 1 1 1 lJ 1 1 1 1 • 1 Q Z 18TH ST of 1 Q / ♦ 1♦ 1 1, • 1 1 , / •1 r 11• ♦ • • 1 • � r 1 1 � ' ♦ 1 , , �' 1 11TH ST 1 ' s�1, 1 p ♦ ♦ 1 r .. ♦ m i `� ♦ .r ♦ 1 1 ♦ O OP` � h,S � � .02 1 1 , ♦ O A A r 1 j � w SS� •LF. = 11 ♦ 1 I � \ � �p� 'ors oPP I , • , I Proposed Oil Well Operational Area Approximately 20 ACRES Existing Oil Well Operational Area 466.16 ACRES �e5 •_��•� ' ,, 1 • City Oil Wells • AcllvelPotentlally Active Wells IN yr�5 ° h� NO'9 °R I W E ♦ Abandoned Wells 5 6R �/ °Of(hORF — •• —••— City Boundary 0 0075 0.15 0.3 Sp AQORjm F9�F Fgq /b Miles EXHIBIT A LEGAL DESCRIPTION ALL THOSE CERTAIN LANDS SITUATED PARTLY IN THE CITY OF NEWPORT BEACH AND PARTLY IN THE UNINCORPORATED TERRITORY OF ORANGE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS PARCEL 1: BEGINNING AT A POINT IN THAT CERTAIN COURSE IN THE EXISTING NEWPORT BEACH CITY BOUNDARY SHOWN AS "SOUTH 68 022'45" EAST 756.00 FEET" ON A MAP FILED IN BOOK 65, PAGES 31 THROUGH 36 OF RECORDS OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT THEREON SOUTH 68 022'45" EAST 280.00 FEET FROM THE NORTHWESTERLY TERMINUS THEREOF; THENCE ALONG SAID NEWPORT BEACH CITY BOUNDARY SOUTH 68 022'45" EAST 476.00 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 76 °51'00" EAST 171.96 FEET; THENCE LEAVING SAID BOUNDARY NORTH 23 017'40" EAST 144.41 FEET; THENCE NORTH 66 042'20" WEST 650.57 FEET TO A LINE WHICH BEARS NORTH 21037'15" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 21037'15" WEST 188.68 FEET TO THE POINT OF BEGINNING. CONTAINING 113,953 SQUARE FEET OR 2.616 ACRES MORE OR LESS. AS SHOWN ON EXHIBIT B- PARCEL 1 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF PARCEL 2: BEGINNING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE IN THE EXISTING NEWPORT BEACH CITY BOUNDARY SHOWN AS "SOUTH 4 °31'33" EAST 439.65 FEET" ON SAID RECORD OF SURVEY, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF PARCEL "A" AS DESCRIBED IN QUITCLAIM DEED TO THE CITY OF NEWPORT BEACH, RECORDED APRIL 12, 1983 AS INSTRUMENT NO. 83- 151675 M:\Mapping \821 \01 \Legals \CNB Charter \Oil Well Consolidation Legal.doc 7/6/2010 Page 1 of 8 EXHIBIT A LEGAL DESCRIPTION OF OFFICIAL RECORDS OF ORANGE COUNTY; THENCE ALONG SAID CITY BOUNDARY SOUTH 4 °31'33' EAST 439.65 FEET AND SOUTH 20011'42" EAST 233.33 FEET TO A POINT IN THE NORTHERLY LINE OF PARCEL 73170 -1 IN THAT CERTAIN FINAL DECREE OF CONDEMNATION, SUPERIOR COURT CASE NO. 667539, A CERTIFIED COPY OF WHICH WAS RECORDED JANUARY 14, 1994 AS INSTRUMENT NO. 94- 0032786 OF OFFICIAL RECORDS OF ORANGE COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 83 °25'55" EAST 241.16 FEET, SOUTH 6 °42'45" WEST 5.00 FEET AND SOUTH 83 °17'15" EAST 54.65 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID PARCEL "A "; THENCE ALONG SAID NORTHEASTERLY LINE AND ITS NORTHWESTERLY PROLONGATION NORTH 12 059'57" WEST 770.26 FEET TO ITS INTERSECTION WITH WITH THE NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY LINE OF PARCEL "A'; THENCE ALONG SAID PROLONGATION AND NORTHWESTERLY LINE SOUTH 77 000'03" WEST 241.44 FEET TO THE POINT OF BEGINNING. CONTAINING 200,487 SQUARE FEET OR 4.603 ACRES MORE OR LESS AS SHOWN ON EXHIBIT B- PARCEL 2 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF PARCEL3: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE CENTERLINE OF A 30.00 FOOT EASEMENT FOR SEWER AND ROAD PURPOSES PER SUPERIOR COURT CASE NO. 24763 SHOWN AS "NORTH 76 032'23" WEST 1596.18 FEET" ON SAID RECORD OF SURVEY; THENCE NORTH 28 040'56" WEST 325.82 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 82 037'16" EAST 43.30 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 231.91 FEET, A RADIAL LINE TO M:\Mapping \821 \01 \Legals \CNB Charter \Oil Well Consolidation Legal.doc 7/6/2OIO Page 2 of 8 EXHIBIT A LEGAL DESCRIPTION SAID POINT BEARS NORTH 76 °16'11" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 118.37 FEET, THROUGH A CENTRAL ANGLE OF 29 014'39" TO A POINT OF NON - TANGENCY WITH A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 194.00 FEET, A RADIAL LINE FROM THE CENTER OF SAID 194.00 FOOT RADIUS CURVE BEARS NORTH 48019'12" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 53.36 FEET, THROUGH A CENTRAL ANGLE OF 15 045'35" TO A POINT OF REVERSE CURVE, HAVING A RADIUS OF 258.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 32 °33'37" EAST; THENCE NORTHEASTERLY 36.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08 005'52" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 40.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 40 °39'29" WEST; THENCE EASTERLY 36.09 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51 041'45" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 73.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 11 002'16" WEST; THENCE EASTERLY 39.00 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30 036'35" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 432.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 19 °34'19" WEST; THENCE EASTERLY 161.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 028'18" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 01 °53'59" WEST; THENCE EASTERLY 52.80 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 020'51" TO THE BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 54.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 10 026'52" EAST; THENCE NORTHEASTERLY 60.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63 053'17" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 170.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 74 °20'09" WEST; THENCE NORTHEASTERLY 89.85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30 016'57 "; THENCE NORTH 45 056'48" EAST 203.87 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 740.00 FEET; M:\Mapping \821 \01 \Legals \CNB Charter \Oil Well Consolidation Legal.doc 7 /6/2OIO Page 3 of 8 EXHIBIT A LEGAL DESCRIPTION THENCE NORTHEASTERLY 70.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05 °25'51" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 86.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 49 °29'03" WEST; THENCE NORTHEASTERLY 39.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 033'32 "; THENCE NORTH 67 004'29" EAST 61.05 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 211.00 FEET; THENCE NORTHEASTERLY 191.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52 °00'11 "; THENCE NORTH 15 004'18" EAST 50.45 FEET; THENCE NORTH 75 009'09" WEST 274.42 FEET TO A P01NT ON A NON - TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 475.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 87 035'07" EAST; THENCE SOUTHERLY 159.68 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19 015'41" TO THE BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 211.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 73 °09'12" EAST; THENCE SOUTHWESTERLY 261.71 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71 003'58" TO THE BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 615.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 02 005'14" EAST; THENCE WESTERLY 258.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 °06'29 "; THENCE NORTH 67 058'45" WEST 85.44 FEET; THENCE NORTH 14 050'32" EAST 165.94 FEET; THENCE NORTH 75 009'09" WEST 204.52 FEET; THENCE SOUTH 15 018'26" WEST 640.52 FEET; THENCE SOUTH 34 059'06" EAST 199.12 FEET; THENCE SOUTH 8203716" EAST 65.32 FEET TO THE POINT OF BEGINNING. CONTAINING 400,572 SQUARE FEET OR 9.196 ACRES MORE OR LESS. AS SHOWN ON EXHIBIT B- PARCEL 3 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. M:\Mapping \821 \01 \Legals \CNB Charter \Oil Well Consolidation Legal.doc 7/6/2OIO Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION PARCEL 4: STRIP 1: A STRIP OF LAND 30.00 FEET IN WIDTH, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS BEGINNING AT A POINT IN THAT CERTAIN COURSE IN THE CENTERLINE OF A 30.00 FOOT EASEMENT FOR SEWER AND ROAD PURPOSES PER SUPERIOR COURT CASE NO. 24769 SHOWN AS "NORTH 76 °32'23" WEST, 1596.18 FEET" ON SAID RECORD OF SURVEY, DISTANT THEREON SOUTH 76 °32'23" EAST 148.00 FEET FROM THE NORTHWESTERLY TERMINUS THEREOF; THENCE ALONG SAID CENTERLINE SOUTH 76 °32'23" EAST 20.16 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A "; THENCE CONTINUING ALONG SAID CENTERLINE THE FOLLOWING COURSES: SOUTH 76 °32'23" EAST 1428.02 FEET, SOUTH 32 °55'45" EAST 521.40 FEET, SOUTH 27'15'15" EAST 595.00 FEET, SOUTH 14 °36'45" EAST 264.00 FEET, SOUTH 5 °33'45" WEST 217.00 FEET AND SOUTH 12° 59'57" EAST 585.03 FEET TO THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 2. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHERLY ON SAID NORTHWESTERLY LINE OF PARCEL 2. CONTAINING 108,918 SQUARE FEET OR 2.500 ACRES MORE OR LESS. M:\Mapping \821 \01 \Legals \CNB Charter \Oil Well Consolidation Legal.doc 7/6/2010 Page 5 of 8 EXHIBIT A LEGAL DESCRIPTION STRIP 2: A STRIP OF LAND 30.00 FEET IN WIDTH, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT HEREINBEFORE MENTIONED POINT "A"; THENCE SOUTH 03° 18'27" EAST 303.61 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 515.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 202.03 FEET THROUGH A CENTRAL ANGLE OF 22' 28' 37'; THENCE SOUTH 19° 10' 10" WEST 507.25 FEET TO THE NORTHEASTERLY LINE OF HEREINBEFORE DESCRIBED PARCEL 1. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO TERMINATE NORTHERLY IN THE SOUTHWESTERLY LINE OF SAID 30.00 FOOT EASEMENT FOR SEWER, AND SOUTHERLY IN THE NORTHEASTERLY LINE OF SAID PARCEL L CONTAINING 29,917 SQUARE FEET OR 0.687 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT B- PARCEL 4 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PARCEL 5: STRIP 1: A STRIP OF LAND 20.00 FEET IN WIDTH, THE SOUTHWESTERLY LINE OF SAID STRIP LYING 15.00 FEET NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF PARCEL "A" AS DESCRIBED IN QUITCLAIM DEED TO THE CITY OF NEWPORT BEACH RECORDED APRIL 12, 1983 AS INSTRUMENT NO. 83- 151675, OF OFFICIAL RECORDS OF ORANGE COUNTY, WITH THE CENTERLINE OF A 30.00 FOOT EASEMENT FOR SEWER AND ROAD M: \Mapping \821 \0I Tegals \CNB Charter \Oil Well Consolidation Legal.doc 7/6/1010 Page 6 of 8 EXHIBIT A LEGAL DESCRIPTION PURPOSES PER SUPERIOR COURT CASE NO. 24763 AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: NORTH 12 059'57" WEST 585.03 FEET, NORTH 5 033'45" EAST 217.00 FEET, NORTH 14 036'45" WEST 264.00 FEET, NORTH 27 015'15" WEST 595.00 FEET AND NORTH 32 055'45" WEST 521.40 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B ". THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE AND THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID PARCEL "A" AND NORTHERLY IN A LINE HAVING A BEARING OF NORTH 57 004'15" EAST AND PASSING THROUGH SAID POINT "B ". CONTAINING 43,823 SQUARE FEET OR 1.006 ACRES MORE OR LESS STRIP 2: A STRIP OF LAND 30.00 FEET IN WIDTH, THE SOUTHWESTERLY LINE OF SAID STRIP LYING 5.00 FEET NORTHEASTERLY FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT HEREINBEFORE MENTIONED POINT "B "; THENCE NORTH 28 040'56" WEST 325.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C" THE SIDE LINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE NORTHWESTERLY IN A LINE HAVING A BEARING OF SOUTH 8203716" EAST AND PASSING THROUGH SAID POINT "C ", AND SOUTHEASTERLY IN A LINE HAVING A BEARING OF NORTH 57 004'15" EAST AND M:\Mapping \821 \01 \Legals \CNB Charter \Oil Well Consolidation Legal.doc 7/6/2OIO Page 7 of 8 EXHIBIT A LEGAL DESCRIPTION PASSING THROUGH SAID POINT "B ". EXCEPT THEREFROM THAT PORTION LYING WITHIN PARCEL 4, STRIP 1 AS CONTAINING 9,190 SQUARE FEET OR 0.211 ACRES MORE OR LESS. AS SHOWN ON EXHIBIT B- PARCEL 5 ATTACHED HERETO AND BY THIS REFERENCE DATED THIS 6 DAY OFJv 7__,2010. MAMapping\82 I\0 I\L.egals \CNB Charter\Oil Well Consolidation Legal.doc 713/2010 Page 8 of 8 A u0F EF. 12/31 /11 sTfF OF CAOq�/ P.O.C. PARCEL 1 .�t �ro i DARCEL 4 R18131 66 / 31 - 36 s'z \ T.P.O.B. \\ PARCEL 1 PARCEL 1 \\ \\ 2.616 ACR. Cyry 'W�OP�% N�ORi BfA \ \ \ \ ai a°lj"D�r _ b i 6, 225. - 4`266100,W N r - - --i DENOTES PARCEL 1 AREA L - - -J ��1111 EXHIBIT B— PARCEL 1 DATE.• 07101110 FUSCOE OIL WELL OPERATIONAL AREA SCALE: 1" =120' le... CITY OF NEWPORT BEACH & JN.• 821.0102 E N G I N E E R I N G UNHQCORPORATED TERMORY OF ORANGE COUNTY, 16795 Von Karman, Suite 100, Irvine, California 92606 CALIFORNIA 1 OF 5 tel 949.474.1960 0 fox 949.474.5315 0 w .fuscoe.com M:\MAPPING\821\01\LEGALS\CNB CHARTER\82101 OIL WELL CONSOLIDATION. DWG (07- 06 -10) x"1111 EXHIBIT B- PARCEL 2 DA 7F.- 07101110 FUSCOE OIL WELL OPERATIONAL AREA SCALE: 1" =120' 1101.. CITY OF NEWPORT BEACH & JN.' 821.0102 E N G I N E E R I N G UMNCORPORATED TERMORY OF ORANGE COUNTY. 16795 Von Karman, Suite 100, Irvine, California 92606 CALIFORNIA 2 OF 5 tel949.474.1960 0 fox 949.474.5315 0 wJuscoe.com M:\MAPPING\821\01\LEGALS\CNB CHARTER\82101 OIL WELL CONSOLIDATION. DWG (07- 06 -10) A 1 PARCEL 5 CITY OF NEWPORT BEACH PARCEL 4 BOUNDARY P.O.B. NW'LY LINE PARCEL °A° INST. NO. 83- 151675, O.R. I SCALE-l" 120' of 1 ul w' f1 BANNING TRACT 1 TRACT NO. 172 PARCEL 2 4.603 ACR. � A.S.B. 88 / 31 - 38 M.M. 23 / 6I- 6 DRILLING ESMT 1 ,, PARCEL A 83- 151675 OR 1 , i AGREEMENT LINE PER INST. NO. 89-466419 O.R. �� PORTION LOT D I LA N06 42'45 E IA 5.00' N83'1715 N83 xW "W 54.65' OF �NEWPORi BEACH BOUNDARY ~�� - N'LY LINE OF PARCEL -� 73170 -1 PER INST. NO. 94- 0032786 O.R. �-- T \ HWYY \ DENOTES PARCEL 2 AREA L. . . J x"1111 EXHIBIT B- PARCEL 2 DA 7F.- 07101110 FUSCOE OIL WELL OPERATIONAL AREA SCALE: 1" =120' 1101.. CITY OF NEWPORT BEACH & JN.' 821.0102 E N G I N E E R I N G UMNCORPORATED TERMORY OF ORANGE COUNTY. 16795 Von Karman, Suite 100, Irvine, California 92606 CALIFORNIA 2 OF 5 tel949.474.1960 0 fox 949.474.5315 0 wJuscoe.com M:\MAPPING\821\01\LEGALS\CNB CHARTER\82101 OIL WELL CONSOLIDATION. DWG (07- 06 -10) r - - --i DENOTES PARCEL 3 AREA N75'09'09 °W L - - - N8,.350IaE �� ' 274.42' - L4 R.S.B. 66 / 81 - 36 1 sl '9 H 8 �� ?`� L1 ' U N7696'11'W SR) ; P.OB. 'off PL 30• EASEMENT PER R.S.B. 65/31 -36 B ?•\ N76'32727W 1596.18' - TRACT 100 91- 466338 O.R. PARCH 4 /b J vb N74'20'09 "W LRCj C6 BANNING TRACT LOT B - P.O.C. \ PARCEL 5 CITY Of NEWPORT BEACH L5 SCALE- r -200• LINE TABLE S75'09'09 "E o \\ LENGTH 204.52 �y '61 108.62' L2 N82'37'16 "W 65.32' L3 N675845 "W I� a - 24'06 29 % / '41 I a L L3 R= 615.06 256.77• j1(/ 5I L6 L= 43.30' 3096'57° 170.00• 6\ C6 I PARCEL 3 ;\ C7 12'20'51" 9.196 ACR. �\ C8 to 432.00• �I C9 30'36'35° 73.00' 39.00' C10 51'41.45° 40.00' 36.09' C11 Clo 258.00' 36.46' ell _Ne 9¢00(R1 C12n 15'4535' 194.00' '9 H 8 �� ?`� L1 ' U N7696'11'W SR) ; P.OB. 'off PL 30• EASEMENT PER R.S.B. 65/31 -36 B ?•\ N76'32727W 1596.18' - TRACT 100 91- 466338 O.R. PARCH 4 /b J vb N74'20'09 "W LRCj C6 BANNING TRACT LOT B - P.O.C. \ PARCEL 5 CITY Of NEWPORT BEACH L5 SCALE- r -200• LINE TABLE LINE BEARING LENGTH L1 N82'37'16 "W 108.62' L2 N82'37'16 "W 65.32' L3 N675845 "W 85.44' L4 N15'04'18 "E 50.45' L5 N67'04'29 "E 61.05' L6 N8237'16 "W 43.30' CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 19'15'41" 475.00' 159.68' C2 52'00'11" 211.00' 191.51' C3 26'33'32° 86.00' 39.86' C4 5'25'51° 740.00' 70.14• C5 3096'57° 170.00• 89.85' C6 63'53'17° 54.00• 60.21• C7 12'20'51" 245.00• 52.80• C8 21'28'18° 432.00• 161.89' C9 30'36'35° 73.00' 39.00' C10 51'41.45° 40.00' 36.09' C11 8'05'52" 258.00' 36.46' C12 15'4535' 194.00' 53.36' C13 299439° 231.91' 118.37' \ \ \ \ IDARY \ \ "1111 EXHIBIT B- PARCEL 3 DA 7F.- 07101110 FUSCOE OIL WELL OPERATIONAL AREA SCALE: 1`--200' 1111.. CITY OF NEMPORT BEACH & ✓N.' 821.0102 E N G I N E E R I N G UMNCORPORATED TERMORY OF ORANGE CO., 16795 Von Karman, Suite 100, Irvine, California 92606 CALIFORNIA 3 OF 5 tel 949.474.1960 0 fox 949.474.5315 0 wJuscoe.com M: \MAPPING \821 \01 \LEGALS \CNB CHARTER \82101 CURVE TEXT.DWG (07- 06 -10) L 148.00' 20.16•... � J / PARCEL 4 STRIP 2 / 0.687 AC%0 / o t a ^ i 's \ BANNING PAR \ PARCEL 4\ STRIP 1 PCSNT °A° PARCEL 4 STRIP 2 N0398'27 °W 303.61' A= 22'28'370 R= 515.00' L= 202.03' PARCEL 3 / TRACT 1 �\ TRACT 100 91- 466338, O.R. R.S.S. 65 J 31 - 36 PA SCALE: r - 500' y� 2 PARCEL 5 Zr, s N14'36'45 °W 264.00' 53'45 °E 217.00' 11 PARCEL 4 STRIP 1 2.500 ACR. -_:il� - =tea Z N l > to f 1 1 I 1 r- - --i I I DENOTES PARCEL 4 AREA L - - -J ��1111 EXHIBIT B- PARCEL 4 DA 7F.- 07101110 FUSCOE OIL WELL OPERATIONAL AREA SCALE.- 1" =120' IS,... CITY OF NEWPORT BEACH & JN.' 821.0102 E N G I N E E R I N G UMNCORPORATED TERRITORY OF ORANGE COUNTY, 16795 Von Karman, Suite 100, Irvine, California 92606 CAI.TF'URNIA 4 O F 5 tel 949.474.1960 0 fox 949.474.5315 0 w .fuscoe.com M:\MAPPING\821\01\LEGALS\CNB CHARTER\82101 OIL WELL CONSOLIDATION. DWG (07- 06 -10) t / / I�/5y1 PARCEL 30' EASEMBfr STRIP 2 SEE DETAIL 0.211 ACR L — - J TRACT 8 O \ N32'55'45 °W 91- 455336 O.R. \ \_ 521.40' 30' ESMT. PER BK 910/19 O.R. N14'36'45 "W_ 264.00' N05'33'45 'E 217.00' SCALE -' -400' N12 59'57 "W 585.03' r - -I DENOTES PARCEL 5 AREA L- _ J N2715'15 "W 595.00' ' I 1 I -- I N82' /�� C \\ \ 3T16 "W POM C \ \\ 43. 30' � I s\\ \\ I N57'04'15 "E 35.00' \ L - - - -pwU V DETAIL SCALE rwW PARCEL 5 20' EASEMENT STRIP 1 1.006 ACR. xMill EXHIBIT B- PARCEL 5 DA 7F.- 07101110 OIL WELL OPERATIONAL AREA SCALE: 1 " =400' F SC E 1119.. CITY OF NEWPORT BEACH & ✓N.' 821.0102 E x G I X E t R I N G UMNCORPORATED TERRPTORY OF ORANGE, tel 95 Von Korman, f Suite 9007 Wine, California 92606 CALIFORNIA 5 OF 5 te1949.474.1960 efax 949.474.5315 a www.foscoe.com M: \MAPPING \821 \01 \LEGALS \CNB CHARTER \82101 OIL WELL CONSOLIDATION. DWG (07- 06 -10) STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -76 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 6th day of July, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Mayor Curry Noes: None Absent: Daigle Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 7th day of July, 2010. m� V K City Clerk Newport Beach, California (Seal)