HomeMy WebLinkAbout01 - Minutes - 5-22-12City Council Minutes
City Council Study Session
May 22, 2012 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Hill, Mayor Pro Tern Curry, Mayor
Member Henn
Excused: Council Member Rosansky, Council Member Daigle
Council Member Daigle arrived at 4:06 p.m. Council
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT
Agenda Item No. 1
June 12, 2012
11 WWII
Member Selich, Council
at 4:21 p.m.
In response to Mayor Gardner' s questions - regarding Item`1'3,(Public Right -of -Way at 701 and
701%2 Orchid Avenue), Deputy Public Works `131rector Webb':liigblighted the policy regarding
critical links for sidewalks but noted that th`e subject link;ia not designated as critical. He reported
that, for this item, there is existing landscape and some�tree`ssues; but the property owner has
chosen not to install sidewalk's: Mayor Gardner r'e`quested that staff look into the matter and
consider installing sidewalks due; to pedestrian safety.
Regarding Item 5 (Parking Meter Service with`Ontral Parking System, Inc.), Council Member
Hill requested and received clarification from Finance Director McCraner that it is within the
scope of work that -the vendor- naintain`a_rall
. arkin gmeter equipment, si na a and striping.
g.
City Manager Kiff reported that-qstaff will be recommending removal of the Special Events
Advispry Committee (SEAL) recommendations (Item 14) from the Consent Calendar.
Regarding, Item 10 (Planning Commission Agenda), Community Development Director Brandt
reported a correction to Plan`Iing Commission Item 3 relative to the continuation of the Banning
Ranch Project, noting that the vote was 5 to 1 for the continuance, with Commissioner Hillgren
voting no.
2. CAPITAL IMPROVEMENT PROGRAM (CIP) - BUDGET PRESENTATION.
City Manager Kiff introduced the item, reporting that after the majority of the presentation and at
the point neighborhood revitalization is discussed, on the advice of the City Attorney, three
Council Members who have potential conflicts will be asked to recuse themselves. City Attorney
Harp added that all of the neighborhood revitalization items will be. grouped together for
discussion. He reported that there is a general exception that applies to capital improvement
projects where Council Members would not necessarily need to recuse themselves; however,
although staff does not believe that there is a conflict, out of an abundance of caution, Council
Members involved have agreed to recuse themselves from those discussions.
Deputy Public Works Director Webb utilized a PowerPoint presentation to discuss the details of
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City of.Newport Beach
City Council Study Session
May 22, 2012
the Capital Improvement Program (CIP), including how projects are selected, the current
Pavement Master Plan, and status of Newport Coast streets; Council priorities; FY 2011 -12 major
CIPs completed and costs; performance measurements; contingencies; and changing
measurements within the approved contingencies. He addressed on -going encumbrances for work
in progress and the FY 2012 -13 CIP including costs, number of projects, new funding and re-
budget funds. He further reported on the 10 =year CIP funding history. He highlighted the major
projects and the approved conceptual master plan for Newport Boulevard /32nd Street and the
related landscape plan. He reported on specific street improvements, Americans with Disabilities
Act (ADA) improvements, drainage improvements, the traffic and signal modernization project,
parks, harbors and beaches, and noted that dredging is included in the %total budget dollars.
Deputy Public Works, Director Webb presented details relative to'a%ater quality and environmental
programs, water system, wastewater system programs, and miscellaneous programs including the
r 1 „y,
Santa Ana Heights undergrounding. He also presented a'summar3 ,: f the proposed FY 2012 -13
CIPs.
Discussion followed regarding the schedule for the Marina Park Project,-using care to avoid
double - booking seawall and bulkhead modificat fins, and
_A out the portion ofItlie total budget that
is associated with the Civic Center Project. Deputy Public Works Director Webbinoted that the
Civic Center is under an ongoing encumbrance an`d'explained the difference between a re- budget
and an encumbrance.
City Manager Kiff suggested in(
ongoing encumbrances in order to
going for',ward, that shows active and inactive
ng the amount of work occurring in the City.
Discussion ensued relative to plans for the City to work with the City of Irvine relative to Bonita
Canyon and traffic challenges, and the possibility of ha the the City of Irvine monitor some
Newport Beach intersections:,} f
Council Member Henn requested that staff provide a representation on the total amount of CIP
activity in the City for FY;'�2011 -12 and FY, 2012-13. Deputy Public Works Director Webb
addressed the proposedtiEY 2012 ]r3 „CIP new funds and total funds, and presented details on the
proposed modifications in ider to reach- 'tlie,$3(6 million in the General Fund CIP budget.
Brief discussion followed)regaid ug taking some of the plants at the current City Hall facility to
the new Civic Center, keeping Southern California Edison (SCE) credits that are purchased but
notosed right away, risk related }to devaluation of credits, and addressing resident equity
Regarding th&, budget request for Local Coastal Plan (LCP) implementation, Community
Development Director Brandt reported that the amount indicated will help with environmental
studies that will iigad t'raccompany the regulatory document which will be prepared in- house.
Consulting help will'., e used for technical studies only. She suggested allocating the amount in
two phases, stated that preparation of the documents which will be submitted to the California
Coastal Commission will take approximately 18 months, and noted that she has no concerns if half
of the budget is allocated in this fiscal year and the other in the next.
Regarding the completion of monument signs on Newport Coast Drive and Coast Highway, Mayor
Gardner believed that the design standards should be maintained and expressed her preference for
the standard design. Discussion ensued regarding the design of monument signs and maintaining
City -wide standards, whether the City actually has monument sign standards, and the use of
various designs throughout different areas of the City. Mayor Pro Tem Curry listed areas in the
City using different designs and stated that the request from residents to use their design should
be considered. Council Member Selich stated that the designs mentioned were installed prior to
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City of Newport Beach
City Council Study Session
May 22, 2012
the City adopting monument design standards and expressed his preference for the standard
design. Council Member Rosansky stated that the design standards should be maintained and
indicated preference for the standard design in order to create a unifying presence for the City.
Council Member Henn noted that the Balboa Village Citizens' Advisory Panel (CAP) is discussing
new identification for that area and the possibility of changing signage.
Deputy Public Works Director Webb noted that the present issue relates to funding and suggested
addressing the type of sign at a later time. He addressed other projects to include in the CIP
budget, including the Balboa Cove public walkway design, the Eastbluff bicycle lane extension,
and the Old Newport Boulevard parking and landscaping concept.%
Council Member Selich suggested reducing the $150,000 for the plementation of the LCP to
$75,000 for this fiscal year. He also suggested reducing the` Balboa Cove walkway project to
$40,000 and moving the $35,000 Eastbluff bicycle lane extension up 6n ,,the list.
11
Council Member Daigle, expressed support for CounciliMember Sehch's proposal if staff feels it is
workable. r/ P,
In response to Council Member Henn's question, Dep'uty Public Works Directb +)Webb reported
that the City submitted an Orange County Transportation Authority (OCTA) grant application in
April for the Eastbluff bicycle lane extension, and expects to find out the results in mid - summer.
Council Member Henn suggested moving the project ups on the list only if the OCTA funding does
not come through.
Council Member Hill indicated support Ifor
suggestions.
1
City Manager Miff affir -med Council's direc
addressed assign' ng> 40,0001or the Balbo;
lane extension pen ing OCTA funding and,
for the Old Newport Boulevar`'d parking and
Council Merfiber -•R(
Boulevard parking
d s gri for the Old D
Citizens Advisory
Council Member ]
West Newport CA
Council Membe'n
West Newport CA
and Council Member Henn's
place $75,000 for the LCP this fiscal year. He
walkway and $35,000 for the Eastbluff bicycle
OCTA funding falls through, program the money
'ape concept.
ouE-tlie importance of finding the funds for the Old Newport
concept. 'Mayor Gardner indicated support for starting on
d parking and landscape concept.
reported that he lives in West Newport within 500 -feet of the
used himself and left the dais.
sported that he owns an office building within 500 -feet of the
recused himself and left the dais.
Council Member Henn reported that his potential conflict has to do with a consulting
relationship that he has with the owner of a business in Via Lido Plaza. He requested
that before the next CAP appropriations occurs, discussion take place relative to the
exact nature of the conflicts and how they relate to the issue being discussed. He noted
that he has no conflict relative to the West Newport landscaping project, but since that
item has been bundled with other CAP issues for which he may have a conflict, he will
recuse himself. He recused himself and left the dais.
Deputy Public Works Director Webb addressed staff proposals regarding neighborhood
revitalization. He presented background on the projects, including the Bristol Street South
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City of Newport Beach
City Council Study Session
May 22, 2012
median landscape improvement project. He reported that staff is planning to apply for a grant
which would fund 75% through a matching opportunity. He addressed the Balboa Boulevard
landscape project design, the West Coast Highway landscape project partial design, and the
Corona del Mar entry improvement project design. He requested. Council direction on how to
proceed.
Mayor Gardner indicated that she would like to see completion of the striping and traffic tests for
Corona del Mar, noting that depending on the results, consideration can then be given relative to
whether to proceed with the final design. a
Council Member Selich indicating that Balboa Boulevard is a top piiority of various CAPs. He
asked about the plans for construction upon completion of all of ^the proposed design projects. He
stated that he would like to see a CIP plan on how they would all fit together.
Deputy Public Works Director Webb stated that staffi would look tfW ant opportunities first
relative to the Bristol Street South project. Regarding Balboa Boulevard, since it is a high
priority, staff would look for future grant opportunities and stated that it could be completed in
two phases, over two years. Regarding West Coast Highway, he addressed issues with Caltrans to
develop an agreement where Caltrans keep -ownership of the streets while Ythe City performs
landscaping and holds tort liability. 4 .r \j
It was noted that staff is not currently proposing the�West Coast Highway Concept Plan or the
Corona del Mar entry improvements A this -time, unless directed by Council.
City .Manager Kif£ indicated that staff would like-tRe. CIP finalized today; but noted that there is
still opportunity to replace projects. tj
Mayor Pro Tem Curry exp ��ressed support for performing the traffic tests in Corona del Mar. He
felt that the West Coast Highway project culcl be left off the CIP for now, but if funds can be
identified and Caltrans issues are resolved, the project could move to a more accelerated rate in
the future. Public Wo ks Director We reported that the traffic tests and striping in Corona del
Mar should cot between'$ 24 ;04Q ^rand_$25,000.�:Discussion ensued relative to possibly scheduling
the project -f6r-thk month of August a`nd as Ong,the Corona del Mar Business Improvement District
(BID) tc f nd it. City, Ma ager Kiff summa i'zed Council comments, noting that the Corona del
Mar., p ject would be rimed up and changed to $25,000 with the expectation that the BID would
City Manager Kiff affirmed;that the total CIP budget of $3.564 million.
Bernie Svalstad, Chairman of the Corona del Mar BID, stated that the BID can pay about $20,000 It for striping ar4'raffic tests. He expressed the need to proceed with the parking area consultant,
and requested that�Couhcil budget $25,000 to implement the project as soon as possible. He
encouraged staff inv`olVe ent to help with California Coastal Commission issues.
Sherry Pollack addressed the Corona del Mar project and expressed concerns regarding increased
traffic.
Jim Mosher commented on the possible need for approval from OCTA prior to conducting the
striping and traffic tests.
Patricia Riggs thanked the Mayor for pressing for the traffic test, noting that neighbors are
concerned with increased traffic if a lane is lost.
Laura Curran expressed interest in the traffic study and for maintaining the flow of traffic. To
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City of Newport Beach
City Council Study Session
May 22, 2012
address safety concerns, she suggested installing a pedestrian bridge.
Dan Purcell encouraged Council to wait until the Civic Center opens to perform the striping and
traffic tests in Corona del Mar.
Following discussion of the CAP projects, Council Members Henn, Hill and Rosansky
reentered the Council Chambers and took their places on the dais.
Public comments was accepted on the non -CAP items:
Dan Wampole thanked Council for budgeting money for the
Jim Mosher noted that the largest single item on the sun
harbors and beaches; stated that the City has a Parks,
(PB &R); and stated that PB &R and the Planning Commis;
budget issues. City Attorney Harp noted that the Planning
CIP, so that obligation has been fulfilled. RegardingPB &R
to consider and make recommendations relative to the bud-,
City Council. � f �
III. PUBLIC COMMENTS
Jim Mosher commented on the completion of --the Newport`B
negotiations (Item S21) and noted that they are sstill`listed under
John Wayne Airport (JWA) settlement agreement and,h%letter
Ontario International Airport. \, '2 ,
City Attorney Harp
Session items.
IV. ADJOURNMENT - 5:46
The agf
Bulleth
City Clerk
Newport.Coast monument sign.
rf
maryQlist of CIP projects is for parks,
Beaches ° -and Recreation Commission
an are charged with reviewing related
Commission previously considered the
he indicated that they have the power
t, but by practicd have deferred to the
Firefighters Association (NBFA)
d Session. He commented on the
fitted by the City regarding the
the appropriateness of listing the NBFA in the list under Closed
was po 'ed'-dn May 17, 2012, at 4:40 p.m. on the City Hall
R J
ie City of Newport Beach Administration Building.
Recording Secretary
Mayor
Volume 60 - Page 461
City Council Minutes
Regular Meeting
May 22, 2012 — 7:00 p.m.
I. STUDY SESSION - 4:00 mm.
II. CLOSED SESSION - 5:46 p.m.
A. CONFERENCE WITH LEGAL COUNSEL
§ 54956.9(a)):
1. Paul Matheis u City of Newport Beach„
Orange County Superior Court Case No. 30; 2
B. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives:
Counsel
Employee Organizations — ",11 Labor
Lifeguards (ANBOL); Lifeguard Managem
Association (NBFMA)-, 4Newporti; Beach
Association (PMA); Police Employees' A:
Newport Beach Professional & !'-Technic
Employees League-•(NBEL); an`d'Newport]
III.
IV,
V. ROLL CALL
LITIGATION (Government Code
1- 00477924
Code §.54957.6):
ti-
Manager;, and Richard I{reisler, Special
oris: Association of Newport Beach Ocean
ation (LMA); Newport Beach Fire Management
rs' Association (NBFA); Police Management
(PEA); City Employees Association (NBCEA);
gees Association (NBPTEA); Newport Beach
;Time Unit (UPEC, Local 777)
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Harp reported that there were no reportable
actions
VII. PLEDGE OF ALLEGIANCE - Council Member Henn
VIII. INVOCATION - Ms. Lynda Robison, Second Church of Christ Scientist
IX. PRESENTATIONS
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City of Newport Beach
City Council Minutes
May 22, 2012
0
XI.
OPIS Network's Helping 100 Businesses for 100 Days - Award Winner - Norm Bour,
Community Development Director for OPIS Network, referenced a recent program for Helping 100
businesses for 100 days, thanked the City and Council for helping the business community, and
recognized this year's award winner, Nora Eastman. Ms. Eastman reported on the success of the
program and stated that it gave her business a chance to create value for their services.
Proclamation to recognize Brian Moore, Deputy District Engineer with the Army Corps
of Engineers, Los Angeles District, for his many years of service to4he Corps, and for his
dedication and support of Newport Beach projects - Mayor Gardri i read the proclamation.
City Manager Kiff reported that staff could not have succeeded with`Ae dredging project without
Brian Moore's dedication and assistance in securing funding. He expressed appreciation to Mr.
Moore on behalf of the City. It was noted that Mr. Moore was not.m attendance and that the
proclamation will be mailed to him. `T_l
NOTICE TO THE PUBLIC
Council Member Hill announced that the mdmil Jof 1
that Hoag Hospital ha; announced their selection of
provided her background and congratulated her on
Choose Nursing, Choose Hoag Program anPenco
involved with Hoag Hospital andhelp continue to,sul
is designated as National Nurse Montle and
Nurse 4 the Year, Ruth Ann Marquez. He
alf -of the City.. He further highlighted the
e alh'lewp rt Beach citizens to become
its programs.
Council Member Rosansky report`e'd that he attended an Orange County Transportation Authority
(OCTA) Board of Directors,meetin,g in which the`19th Street Bridge was discussed. He indicated
that, after speaking to the F3oard lalong with Deputy ,Public Works Director Webb and Assistant City
Attorney Mulvihill.,the Board.agre`e -d to:yuspend their, action for six months to allow Newport Beach,
Costa Mesa, and -H'' Atington Beach an opportunity to work out an agreement and to address the
traffic situation that remo`vabo the',bridge will create.
l f
Mayord o,Tem Curry reported that he'garticipated in the Orange County Tourism Council meeting,
walked tli` ough the Coastline 60 College building which is currently under construction,
attended the Library Distinguished Speakers Series and discussed the program, participated in Relay
for Life, welcomed, attendees at the Field of Honor, and represented the City during aiwanese-
American Heritage\Week. i, g
Council Member Daigle riepdrted that former Newport Beach Planning Commissioner, Barry Eaton,
was recognized by the Orange County Chapter of the American Planning Association (APA) for his
post- retirement community volunteer work. She listed his accomplishments and contributions
throughout his career and addressed specific contributions that won Mr. Eaton his recognition.
Council Member Selich announced that the Balboa Island Parade will be held on Sunday, June 3,
from 11:00 a.m. to 2:00 p.m.
Mayor Gardner announced the that a dedication ceremony for the opening of the Buck Gully Trail
will be held on May 30; and the Corona del Mar 5K will be held on Saturday, June 2. She advised
residents to be on the lookout in their mail for the Newport Navigator which lists the various summer
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City of Newport Beach
City Council Minutes
May 22, 2012
programs administered by the Recreation and Senior Services Department.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
L MINUTES FOR THE MAY 8, 2012 STUDY SESSION AND REGULAR MEETING.
[100 -2012] Waive reading of subject minutes, approve as written and order filed.
JJ
2. READING. OF ORDINANCES AND RESOLUTIONS.Waive reading in full of all
ordinances and resolutions under consideration, and d&..ect the City Clerk to read by
title only. / c,
B. ORDINANCE FOR ADOPTION
1713
3. SECOND READING OF AN ORDINARVCE REPEALING THE GdTY S VEHICLE
ADDRESSED SOLICITATION LAW; NEWPORT BEACH MUNICIPAL CODE,
SECTION 10.62. [100 -2012) Conduct se&Wdd reading and adopt Ordinance No. 2012-
12 regarding the repeal of the City's Vehicla'AACldressed Solicitation Law.
7. LIFEGUARD HEADQUARTERS REHABIfLITATIOh ARCHITECTURAL AND
ENGINEERING DESIGN SERVICES /. APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITW'RRM�DESIGN GROUP (C- 5130). [381100 -2012]
Approve a Professional Services Agretiinent (PSA) RRM Design Group of San Clemente
for Lifeguard' Headquarters Rehabilitation Architectural and Engineering Design
Services at'a- not -to- exceed price of $266,090.00, and authorize the Mayor and the City
Clerk to executeEthe Agreement
8. 19TH STRE'FT TIDE GATE RETROFIT - AWARD OF CONTRACT NO.
X4773. [38/100 `2Al2J a), Approve the project drawings and specifications; b) award
t`t Contract Ne. 4773�t0 Exc Paving Company for the total bid price of $182,501.00, and
authorize the Mayor and City Clerk to execute the contract; and c) establish a
contingency of $27:375.00 (approximately 15 percent) to cover the cost of unforeseen
9. JAMBOREE BROAD SIGNAL SYNCHRONIZATION COOPERATIVE
AGREEMENT, (C- 5131). [381100 -20121 Approve Cooperative Agreement with the
Cities of Irvine and Tustin, and the State of California for the engineering and
construction of the Jamboree Road Traffic Signal Synchronization Project.
E. MISCELLANEOUS
10. PLANNING COMMISSION AGENDA FOR MAY 17, 2012. [100 -2012] Receive and
file.
11. CONFIRMATION OF VOTING DELEGATE FOR THE 2012 LEAGUE OF
CALIFORNIA CITIES (LLC) ANNUAL CONFERENCE - SEPTEMBER 5-7,2012,
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City of Newport Beach
City Council Minutes
May 22, 2012
XIII.
SAN DIEGO. 1100-20121 Confirm Mayor Pro Tern Keith Curry's designation as the
City's Voting Delegate at the Annual League of California Cities Conference to be held
from September 5 -7, 2012, in San Diego.
12. STREET TREE DESIGNATION - QUIET COVE. [100 - 20121 Municipal Operations
staff recommends that the City Council consider the recommendation from the Parks,
Beaches, and Recreation (PB &R) Commission, and approve a change in Street Tree
Designation, for Quiet Cove from the Hong Kong Orchid (B iuhinia blakena) to the
Australian Willow (Geijera parviflora).
13. REQUEST TO RETAIN PRIVATE IMPR
OF -WAY AT 701 AND 7011/2 ORCHID A
Policy L -6, Private Encroachments in the I
planter wall and entry walkway with steps,
the Fourth Avenue public right -of -way, prof
Orchid Avenue enter into an Encroachment'
private improvements within the Public�'Ri
Encroachment Permit process are met(-, \I
Consent Calendar, except for the items renig ed (4, 5, 6, 14
The motion carried by the following roll
call
Ayes: Council Member Hill, Council Member Rosan y,-
Council Member Selich, Council Member Henn, Cour
MENTS IN THE PUBLIC RIGHT-
JE,f,
['100- -20121 Waive City Council
Rights- of.'Way, to allow the existing
which encroach in excess of 1 -foot into
the property `owner of 701 and 701'' /s
ment with the Crty,.to maintain these
f -Way and that ah"0nditions of the
to approve the
Curry, Mayor Gardner,
4. HEALTHY EATING`ACTIVE LIVING (HEAL) CAMPAIGN. [100 -2012]
staff, noting. tla't` this. campaign is good for the City's employees
ivaucion ov mayor uarnner, seconded by Mayor Pro Tern Curry to adopt Resolution No.
20T'2'33 - A Resolution o %the City(ouncil of the City of Newport Beach to become a Healthy
Eati g� ctive Living (HEAL) City.
The mot i`rNc rried by the following roll call vote:
Ayes: Council M mber"� Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor
Gardner, Council Member Selich, Council Member Henn, Council Member Daigle
V
5. AMENDMENT OF THE AGREEMENT FOR PARKING METER SERVICES BETWEEN
THE CITY OF NEWPORT BEACH AND CENTRAL PARKING SYSTEM, INC. (CPS),
DATED MARCH 31, 2011 (ORIGINAL AGREEMENT) (C- 4767). [381100 -20121
Finance Director McCraner provided the staff report report, stating that Central Parking
System, Inc. (CPS) asked that staff look at the actual ending revenue for 2011 and consider
rearranging the payment structure. She reviewed the proposed changes to the contract and
recommended Council approval.
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City of Newport Beach
City Council Minutes
May 22, 2012
Discussion ensued relative to the payment of the infrastructure and leases. Council Member
Rosansky addressed transfer of risks, noted ambivalence on the issue, and stated his
expectations that CPS will continue to do a good job.
Motion by Council Member Rosanskv seconded by Mayor Pro Tern Curry to approve
an amendment to the Agreement which would 1) pay CPS $700,000 annually for its services, 2)
authorize the Finance Director to pay approximately $618,000 to cash fund the capital costs of
the parking meter equipment and infrastructure, saving the City approximately $240,000 in
finance charges over the terms of the equipment leases, and 3) authorize the City Manager to
appropriate $618,000 from the FY 2011 -12 General Fund operationdvsavings (010 -3605) to be
expended for the purchase of all parking meter equipment and jriiraatructure, and authorize
the Mayor and City Clerk to sign the Agreement. r
Jim Mosher expressed concerns with the proposed
City Manager Kiff commented on the benefits of
this service to CPS.
The motion carried by the following roll call v-
Ayes: Council Member Hill, Council Membe
.Gardner, Council Member Selich, Council
6. AMENDMENT TO THE PR
BONTERRA CONSULTING FOR
IMPACT REPORT (EIR) FOR
PROJECT GENERALLY LOCAT
COAST HIGHWAY AND4WESTEI
20121
Following Jim Mc her
interest, Council MV r
recused himself ands:
Mr,Mosher expr se sed,c
have been rendered and
Cou`iieil Member Daigle
to respond to and sug€
pointed out that the
requested c nfirmation
felt that they`nebd to bE
proposed billing egard
to customers by contracting out
ky, Mayor Pro Tem Curry, Mayor
Henn, Council Member Daigle
,'RVICES AGREEMENT WITH
IOIR OF THE ENVIRONMENTAL
NEWPORT BANNING RANCH
HE 4900 -5200 BLOCK OF WEST
"19TH STREET (C- 4168). [38100-
concern that Council Member Hill may have a conflict of
reported that he owns stock in an oil company. He
I providing extra compensation to a contractor after services
the opinion that BonTerra has done a poor job.
tea mat there were 168 comment-letters that the consultant needed
;ed that they itemize their proposal differently in the future. She
ort indicates that BonTerra attended some public meetings but
he noted that a monitoring /reporting program was conducted, and
mpensated for their work. Further, she pointed out that part of the
attending public meetings relates to future meetings.
Steve Ray, Executive Director of the Banning Ranch Conservancy, believed that if a good job
had been done on the Environmental Impact Report (EIR), there would not be 168 public
comment letters. He questioned why mitigation monitoring and other processes were not
accounted for in the beginning.
Motion by Mayor Pro Tern Curry, seconded by Council Member Henn to approve the
amendment to the Professional Services Agreement and authorize the Mayor and City Clerk to
execute the Agreement.
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City of Newport Beach
City Council Minutes
May 22, 2012
The motion carried by the following roll call vote:
Ayes: Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member
Selich, Council Member Henn, Council Member Daigle
14. FY 12 -13 SPECIAL EVENT SUPPORT RECOMMENDATIONS. [100 -20121
Public Information Manager Finnigan highlighted the multi -step process in formulating the
Special Events .Advisory Committee (SEAL) recommendations. She reported that the City
recommends supporting the listed community events for a total of $7;80.560_
Discussion ensued regarding the evaluation process and amount asked for by the various
events. Council Member Rosansky expressed concern that the "rewas no information relative to
what organizations have received in the past. He believed that some of the events are worthy
of support by the City but expressed concern with them hodology used in allocating funds.
Mayor Gardner questioned whether the recd
of the budget, expressed concern with incc
participating in this process. Council Memb(
Newport Beach, Inc. (VNB). City Manager I
going forward; however, the City cannot give
Mayor Pro Teal Curry expressed c
agreed that some of the events are
. .uaulurxsnoiva come back'af'ter consideration
ist«encief and wondered if th ♦City should be
Daigle'questioned whether thisig a role For Visit
£'stated that this could be something to consider
recti n to VNB.
the processNand funding allocation, although he
ty support. `__\
Council Member Hill believed that there�is not enough.atudy of the request versus the need or
appropriateness. .,..ti _\ •r"" .•`�.}
Council Member Henn] expressed the opiniom hat the evaluation and ranking was well thought
out, but the allgca1 of funds seems arbitrary. He referenced the Newport Beach Film
Festival and emphasized the need for a mechanism to fund and support arts and culture in the
City.
Mayor Gardner felt that thEevents be mg `supported should be local events, noting that the
Race for the Cure is not a localorganization and is supported nationally.
Assistant City Manager ?Smith repotted that each SEAC member scored the applicants based
on specific criteria and die scores were then averaged to develop a ranking. She stated that
the Committee did a great job, but staff believes the process is flawed. Public Information
Manager Finnigan read the criteria that was considered by the Committee.
Discussion ensu4rela4ve to the development of percentages and the total budget allocated.
Greg Schwenk, CEO and Executive Director of the Newport Beach Film Festival, requested
Full funding for next year,'presented highlights of the recent event including number of
participants, number of hotel rooms booked, number of restaurants participating, marketing,
outreach and volunteers. In response to Council Member Henn's question, Mr. Schwenk noted
that he will present a formal report to Council regarding the economic impact of the event at a
later date.
Bernie Svalstad, Vice President of the Corona del Mar Chamber of Commerce, addressed the
economic impact of the Christmas Walk for businesses in Corona del Mar. He reported that
the event pays the City $2,500 in fees, referenced the amount approved through this process,
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May 22, 2012
and asked that Council consider increasing the City's support to $6,000. He stated that the
CdM Chamber helps the City year -round and discussed the money raised through the Corona
del Mar 5K for the Recreation Department.
Jim Walker, Restaurant Association and owner of the Bungalow Restaurant, believed that
there is a conflict between charitable organizations and non - charitable organizations, and
expressed the opinion that they should be two separate groups. He spoke in support of
Restaurant Week.
Diane Duarte, President and Race Director for the Newport -Mesa: Spirit Run, described the
organization and discussed their value to local schools. She addressed the application process
and criteria used, volunteers, and years of revenue for the City. She encouraged the City's
continued participation.
Lisa Walter, Executive Director of Susan G. Komen $ ce for the wCure in Orange County,
emphasized that although the event is nationally known, the Orange County Chapter is a local
organization providing local benefits. She ciimmended SEAC and; ,Council for their
consideration and asked Council to consider increasing its support to 70% of'tlie, request.
Jim Mosher expressed concern regarding the,;fl'g ed process and questioned the support
allocated for the Newport Beach Film Festival.
Chandler Bell, Chairman of the Newport Beach Chamber of Commerce, noted that the
Newport Beach Chamber of Comme rce`supports two of`tbe, events and promotes economic
opportunity of the City. He urged appravaI of staffs recommeridstions.
Mayor Gardner proposed. giving no event more than they received last year, noting that this
would free up almost,$26,640. _.
Council Member Rosansky,} expressed s pport for allocating $14,000 to the Spirit Run,
indicating that he could not {justify doubling their funding while the other events are reduced.
He commented that he wocdd hke -to. see the Newport Beach Film Festival taken off the list in
the futured'possiblylplaced in "the udget -ias a line item. He indicated support for the
proposed allotment,to,the Newport Beach Film Festival and the Boat Parade.
A :straw vote of Council,,resulted ' in the majority supporting $125,000 for the Newport Beach
Filet/ Festival, as well as\i35,000 lo }the Boat Parade.
Coundi ember Dai le stated sup
g pport for staff recommendations as presented.
Following discussion, it-';was the consensus of Council to allocate $10,000 to the Newport to
Ensenada Race, (Council Member Henn agreed to subsidize $1,000 out of his District
discretionary fundj,,lrr'
It was the consensus of Council to confirm the event funding allocations, as follows:
Christmas Boat Parade: $35,000
Newport Beach Film Festival: $125,000
Susan G. Komen: $10,000
Newport -Mesa Spirit Run: $14,000
Balboa Island Parade: $12,000
Christmas Walk: $6,000
Taste of Newport: $5,000
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City Council Minutes
May 22, 2012
Heritage Run: $300 from District 2 funds and $300 from District 3 funds
Restaurant Week: $6,000
Newport to Ensenada Race: $10,000, and $1,000 from District 1 funds
Mayor Pro Tem Curry noted that some consider this an entitlement and stressed the need for
change going forward. He stated that a variety of projects have been funded that both enhance
the community and create public value. He emphasized that Newport Beach would not be the
same City without some of these events.
Council Member Henn commented on the need for local, charitable events and the need to
support the spirit of volunteerism within the City. He felt tbat:'supporting other types of
events (i.e. cultural, signature, and business - related events) need further consideration during
a future study session.
Council Member Daigle indicated support for staff recommendations and expressed the opinion
that it would be beneficial to involve VNB in the futuie. r`
Council Member Selich noted that the Christma's Boats'Parade, Newport B ach Film Festival,
and the Newport to Ensenada Race are signature events for the City and should be supported.
Council Member Hill suggested that they be considered as line items within t' he budget, and
agreed with the integration with VNB. '
.v'a Aaunu n ivia or rro Tem Curr to approve the
Special Event Support funding le`v,'els, as.,Ilisted abo've,\and authorize staff to execute
agreements wita each event organizer \
The motion carried by the following roll call vote: ,; %'`
her' Council Member' Hill, Council Member Rosansky, Mayor Pro Tem Curry, Council
Member Selich, Council Member Henn
Noes: Mayor Gardyer, Council Member Daigle
15. ASSIGNMENT OF Bt1LBOA -'BAY CLUB GROUND LEASE (C-519).[381100-20121
Couri'cil Member Hill rec sed himself and left the dais since he lives within 500 -feet
of Balboa Bay Club \ �,
Jim - Mosher asked if anyof the otfier Council Members have conflicts. He referenced problems
addr ss d by the City Auditor relative to the number of public boat slips available and the use
of the accounting year. He questioned how action can be taken if the current tenant is not in
compliance'w ith the lease terms and whether the new tenant will be required to comply.
l
David Wooten, CEO cif the Balboa Bay Club, noted that he does not know the number of slips
required by the lease, but addressed the amount of revenue received by the City from boat
slips. City Manager Kiff noted that boats are getting bigger and indicated that the lease
should accommodate the appropriate number of boat slips.
Motion by Mayor Pro Tem Curry, seconded by Council Member Rosansky to a)
approve the proposed assignment of the Balboa Bay Club ground lease from Balboa Bay Club,
Inc., to Todd M. Pickup and Devon R. Martin as trustees of the Vintage Trust II, dated July 19,
2007 and find that Balboa Bay Club, Inc., is not currently in default under the Ground Leas
and b) authorize the Mayor and the City Clerk to sign the Estoppel Certificate and Consent e,
e;
Ground Lease Assignment on behalf of the City. to
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City Council Minutes
May 22, 2012
The motion carried by the following roll call vote:
Ayes: Council Member Rosansky, Mayor Pro Tom Curry, Mayor Gardner, Council Member
Selich, Council Member Henn, Council Member Daigle
XIV. PUBLIC COMMENTS
XV
Bettina Deininger commented on the existing City Hall property and the decline of Lido Village. She
believed that having rental units on the current site is not the best use for the land and that the
property is not being marketed properly. She believed that a boutique hotel may be more viable and
asked Council to abandon the idea of rental units and a parking garage; G'"
�J
Denys Oberman expressed opposition to the plan to build rental, A;''Es. and a parking garage, noting
1-1 that this is not what the community desires. She believed that an upscal'e;,boutique hotel is the best
use for the site and would help in the successful revitalization? of the area.`^She addressed benefits to
the City and asked that Council commit to the suggested u e and seek developers accordingly.
Leland Iverson agreed with the previous speakers
irotin g that the proposed use would serve as a
catalyst for redevelopment in the area. r
Linda Klein Formuzis expressed support of having an upser
\, r'
and
Ale hotel on the existing City Hall property
idea not apartments with a parking garage.,, She beheved`that there is community support for the
Jim Mosher noted that several Council MembersI", attenied a St pti'Polluting Our Newport (SPON)
meeting, stated that :someone complained to lim aboutpxohlem they had relative to a request to
view Sunset Ridge Park plans,,and referenced the P.al lic liecord6 Act PRA). Cit Attorney Harp
requested that .Mr. ?%losheiyprov de additiona�,det is on the matter to ensure that the subject
employee is properly trained on the PRA. J
s C1;
ORAL REPORTS FROM`CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member llaglc^ reported that she attended the Tourism Conference and there was a
presentation relative to how,to properly refer to John Wayne Airport (JWA). She requested that the
issue of naming JWA be addressed at,an upcoming Aviation Committee meeting.
Council Member Henn report4that the`�:Balboa Village Citizens Advisory Panel (CAP) met on May
15 at the Explox0cean Nautical' Museum and considered a draft implementation report. He added
that discussion also includediran evaluation of the brand and vision for Balboa Village, and
recommendations` on economic'.` development and parking governance. He also reported that the
Tidelands Management. Committee met on May 16 at the OASIS Senior Center and considered Linda
Isle Lagoon dredging and,therTidelands Infrastructure Management Plan.
Council Member Rosansky reported that the first meeting of the Charter Update Committee will be
held on May 24 at 4:00 p.m. in the Council Chambers and encouraged those interested to attend.
Mayor Gardner reported the the Coastal /Bay Water Quality Committee received a presentation on
dolphins and encouraged residents who observe them to report their sightings to
dolphinproject@hotmail.com.
Without objection, it was the consensus of the City Council to consider Item S21 (Labor
Negotiations) out of order.
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City Council Minutes
May 22, 2012
XVII. CURRENT BUSINESS
521. LABOR AGREEMENT: NEWPORT BEACH FIREFIGHTERS ASSOCIATION (C- 2060).
[381100 -20121
City Manager Kiff discussed the term of the Memorandum of Understanding (MOU) between
the City and the Newport Beach Firefighters Association (NBFA), additional pension
contributions, new tier for miscellaneous and safety members, two cost -of- living adjustments,
medical insurance contributions, and training reimbursements. He, expressed appreciation to
Council and the NBFA for their cooperation. !'
Mayor Pro Tem Curry thanked staff and the NBFA for making significant contributions to
their pensions. He congratulated City staff and the Council>for their partnership and sacrifices
to help the City preserve its financial sustainability. ,
Council Member Daigle noted that labor negotiati
NBFA. on� are never easytiAnd commended the
r r
Council Member Hill expressed appreciation to tho Ce` involved. `tit
Jim Mosher referenced the hybrid formula and indicated that consideration of the resolution
was not indicated on the agenda. Giby�Manager Kiff reported that the hybrid plan is defined
outside of the CalPERS plan, noting that- it;would be a supplement that the City would embark
upon from a private provider. City AttornepHarp. noted that`,the description on the agenda is
broad enough to cover the related MOLT and resolution and''that there is no issue with the.
Brown Act.. \ -' `v.,
Motion by Mayor-. .�ro Tem Curry seconded by Council Member Rosanskv to adopt
Resolution No. 2018 -36 to modify the paying and reporting of the value of the employer paid
member contribut on to the California Public Employees Retirement System (CalPERS) for
employees represented ,by the -1 ewport Beach'rFirefighters Association (NBFA).
The motion carrie&by h 4ollowing roll call got :
Ayes: Council Member%`Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
,, Gardner, Council li. ember Selich, Council Member Henn, Council Member Daigle
�``y
Moti d,by Council Member Rosanskv seconded by Mayor Pro Tem Curry to authorize
Mayor Gardner to execute a Memorandum of Understanding (MOU) with the Newport Beach
Firefighters'. Association _(NBFA).
The motion carried by the following roll call vote:
+. 'r
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Gardner, Council Member Selich, Council Member Henn, Council Member Daigle
XVI. PUBLIC HEARING
16. ANNUAL REVIEW OF NEWPORT HARBOR LUTHERAN CHURCH DEVELOPMENT
AGREEMENT (PA2009 -137) LOCATED AT 798 DOVER DRIVE (C- 3152). [381100 -20121
Assistant Planner Fern Nueno provided a PowerPoint presentation to highlight the project
location, initial approval of the agreement, church facilities, and approval of a limited permit
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City Council Minutes
May 22, 2012
for temporary classroom facilities and a telecomm permit.
Mayor Gardner opened the public hearing.
Jim Mosher expressed concern that the location did not have enough site notices posted.
Hearing no further testimony, she closed the public hearing.
that the applicant has demonstrated good faith compliance with
Agreement; and b) receive and file the Annual Report of the
Newport Harbor Lutheran Church.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member
Gardner, Council Member Selich, Council ]
XVII. CURRENT BUSINESS (Continued)
17. IRVINE AVENUE MEDIAN LANDSCAPE
NO. 5035. [381100 -20121
ky, Mayor
Henn, Coui
. osansky to a) find
of the Development
.ent Agreement for
Tem Curry, Mayor
,mber Daigle
AWARD OF CONTRACT
Deputy Public Works Director Webb`p`eovided_a staff report and reported that the conceptual
reforestation plan was considered by a joint commission from, Costa Mesa and Newport Beach.
He indicated that they selected African Tulip trees and�palm jtrees, but Council needed to
finalize the selection of the palm trees. He addressed various options depending on the type of
palm tree selected, ,tlie- a lumber of b ddersvparticipating, the bid selected, and staff
recommendations. i ?'y
Following discussion\regar!ing the cost for the various palm trees and the amount of debris
various palm trees create, it wassthe_consensus of Council to select the Date palm tree.
maintenance costs
replacement of the
Councif Member Rc
legal review\'of the
agenda to all whin
Dan Purcell state(
consideration shoul
the City of- -Costa Mesa contributing to the cost for tree
tions Director Harmon reported that the agreement shares
iedian but requires Newport Beach to be responsible for
expressed concern regarding making a decision on this item prior to
nt. City Attorney Harp suggested moving the item to the end of the
3ortunity to review the agreement.
at he looks forward to the urban reforestation plan and believed
given to insects and birds associated with flowering trees.
Following City Attorney Harp's return to the meeting after Item 20 was discussed, he reported
that he reviewed the agreement with the City of Costa Mesa and noted that it indicates that
Costa Mesa is not liable for costs associated with the replacement of trees. He further
addressed the termination provision in the agreement. Council Member Rosansky emphasized
the need to renegotiate the agreement.
Motion by Council Member Rosansky, seconded by Council Member Henn to a) select
the Date Palm Tree species to be installed under the contract; b) approve the project drawings
and specifications; c) award Contract No. 5035 to KASA Construction, Inc. (KASA) for the total
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City of Newport Beach
City Council Minutes
May 22, 2012
bid price of $308,075,00, and authorize the Mayor and City Clerk to execute the contract; and
d) establish a contingency of $32,622.23 (approximately 10 percent) to cover the cost of
unforeseen work and pay for additional crack repair; and e) approve Budget Amendment No.
12BA -038 appropriating $360,000.00 to Account No. 7013- C2002050 (Irvine Avenue Medians)
from General Fund operational savings, Account No. 010 -3605.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Gardner, Council Member Selich, Council Member Henn, Council Member Daigle
18. APPOINTMENTS TO THE CHARTER UPDATE COMMITTEE. [33110012012]
Jim Mosher believed that appointments should not be, made -,`this time and that the seats
should be considered as unscheduled vacancies, and 'expressed concern with the meetings
starting at 4:00 p.m. %r . \0— g
Council Member Hill noted that he has
attending important meetings. He express
Council Member Henn believed that the indivi
speed with the City's Charter and expressed his
Resolutions No. 2012 -34, replacing Exhibit 2
appointments of Council Member Stevelhose
Nancy Gardner as the alternate non -votin
Council Policy _A -2 that pray ents appointee
Board, Commi;:sion =o`r Committee and, if
applications to serve on the Charter Update';
Policy A -2 that provides that two or more
conduct the appointments hS'`�anav halt r
The
all"liie life and has never \had a problem
.-eement with Mr. Mosher I- .asaumotions.
appointed will be able to get up to
in the process.
ueu ov mayor rro Tem Curry to a) adopt
solution No�2012 -32; b) confirm the Mayor's
as-th_ e,non- voting Council liaison and Mayor
Heil liaison {, e) waive the condition in City
n serving on more than one standing City
City Council does not receive at least 14
rittee, waive the requirement of City Council
idates be considered for each seat; and d)
by the City Clerk.
Aye`s`: Council Member \Hill, `council Member Rosansky, Mayor Pro Tem Curry, Mayor
Gy Gardner, CouncdM" ember Selich, Council Member Henn, Council Member Daigle
The City , Council utilized) paper ballots to vote for the seven members on the Charter Update
City Clerk Brow -h; read the ballot votes as follows:
David Bahnsen: Hill; %Rosansky, Henn, Daigle, Curry, and Mayor Gardner
Paul Glowienke: Hill, Rosansky, Selich, Henn, Curry, and Mayor Gardner
Jeff Herdman: Hill, Rosansky, Selich, Daigle, and Curry
Suzanne Savarv: Hill, Rosansky, Selich, Henn, Daigle, Curry, and Mayor Gardner
Joseuh Stapleton: Hill, Rosansky, Selich, Henn, Daigle, Curry, and Mayor Gardner
Tim Stoaks: Hill, Selich, Henn, Daigle, and Mayor Gardner
Dan Wampole: Rosansky, Selich, Henn, Daigle, Curry, and Mayor Gardner
Paul Watkins: Hill, Rosansky, Selich, Henn, Daigle, Curry, and Mayor Gardner
City Clerk Brown announced that David Bahnsen, Paul Glowienke, Suzanne Savary,
Joseph Stapleton, Dan Wampole, and Paul Watkins received either six or seven votes and,
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City of Newport Beach
City Council Minutes
May 22, 2012
therefore, are appointed to the Charter Update Committee.
City Clerk Brown announced that the second vote will be between Jeff Herdman and Tim
Steaks, and read the ballot votes as follows:
Jeff Hardman: Rosansky, Selich, Henn, Daigle, and Curry
Tim Steaks: Hill and Mayor Gardner
City Clerk Brown announced that Jeff Herdman is appointed
Committee. J
Mayor Gardner indicated that she would like to appoint
the Charter Update Committee.
Paul Watkins as the Chairperson to the Charter
The motion carried by the following roll call
Ayes: Council Member Hill, Council Membe
Gardner,. Council Member Selich, Council
19. QUARTERLY
Committee.
the Charter Update
as the Chairperson to
to appoint
ky, Mayor Pro .Tem\Curry, Mayor
Henn, Council Member Daiale
MARCH 2012. [10012012]
City Manager I; if reported that the
Q'u'arterly-Business Report.,(QBR) is available on the City's
website.
Council Member Henn` - encouraged all homeowners associations and interested parties to
review the report and'inform their membe yl�of the content of the QBR.
Steve Ray, Executive D rector of the Banning Ranch Conservancy, stated that the QBR
references a develop ire nt on: Banning Ranch,when it should mention the area as permanent
open space uld ,park. life fsug ested utilizing2the Environmental Quality Affairs Committee
(EQAC) +to consider aving Banning Ranch as open space.
20. S_ ECOND MEF,TING OF THE`FY 2012 -13 PROPOSED BUDGET. [100120121
City `Manager Kiff utilized a PowerPoint presentation and addressed City accomplishments
from 200 ,to date and core budget principles.
Finance Director McCraner addressed department key changes and overall budgets, personnel
changes, and program changes. Discussion ensued relative to the backlog in the reforestation
project and timelinefor catching up, the status of transitioning surveying services to the
private sector, and `identification of funds for training within the Fire Department.
Regarding the Real Property Administrator position, Community Development Director
Brandt noted that the City's Building Official has a strong real estate background and that the
position would be a good fit in the Community Development Department since there is
currently a manager to oversee the position. The position would work closely with Finance and
Public Works and will transcend many departments.
City Manager Kiff presented an updated Capital Improvement Program (CIP) recommendation
checklist which was updated after the afternoon Study Session.
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City Council Minutes
May 22, 2012
Mayor Pro Tern Curry congratulated staff for its work on the budget, noting the City's level of
reserves, surplus, revenues, and staffing levels.
In response to Council questions, Finance Director McCraner addressed the GASB changes
regarding unfunded pension liabilities and the requirement for additional disclosures. City.
Manager Kiff reported that ABLE money will be included in revenue estimates for next year.
Further, he commented on the pros and cons of a two -year budget cycle.
Jim Mosher addressed the requirements in the City Charter regarding submission of the
budget and questioned whether the PowerPoint presentation wasile official budget document
being submitted by the City Manager for review. He commented on the importance of
providing budget details regarding the definition of NOC and= orn;art;nnc
City Manager Kiff reported that NOC means "Not
budget documents have been uploaded to the City';
and the City Clerk's Office. He added that the iN
the first meeting in June.
Mayor Gardner requested that discussion
mid -year budget review.
Will.
XIX. ADJOURNMENT - Adjourned at 10:18
Fuentes
The agenda for the Regular
Hall Bulletin Board4locate
Building. The supplemental
at 11:50 p.m. on the City Hall
City Clerk
e Classified" and noted that all the
and were available at the Libraries
presented to�Council for adoption
of reserves be brought back during the
of Marina Marrelli and Thomas
was p'bsted on May 17, 2012, at 4:40 p.m. on the City
le of the City of Newport Beach Administration
for the Regular Meeting was posted on May 18, 2012,
i Board lb\cated outside of the City of Newport Beach
_„ v
Recording Secretary
Mayor
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