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Home My WebLink About12/11/12 - Special Meeting & Regular MeetingNEWPORT BEACH CITY COUNCIL SPECIAL MEETING AGENDA CITY COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD TUESDAY, DECEMBER 11, 2012 CLOSED SESSION - 3:30 P.M. o SPECIAL MEETING - 4:00 P.M. U O A 2 r to a C< /PORN \I' NANCY GARDNER, Mayor KEITH D. CURRY, Mayor Pro Tern STEVEN ROSANSKY, Council Member MICHAEL F. HENN, Council Member RUSH HILL, Council Member LESLIE J. DAIGLE, Council Member EDWARD D. SELICH, Council Member ROLL CALL — 3:30 p.m. II. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the Council. Speakers must limit comments to five (5) minutes on agenda items. The Council has the discretion to extend or shorten the time limit on agenda or non - agenda items. As a courtesy, please turn cell phones off or set them in the silent mode. III. PUBLIC COMMENTS Public comments are invited on Closed Session Agenda items, as reflected in Item IV (Closed Session) and on non - agenda items generally considered to be within the subject matter jurisdiction of the Council. Speakers must limit comments to five (5) minutes. Before speaking, please state your name for the record. IV. CLOSED SESSION — 3:30 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager /Human Resources Director, Negotiators. Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL), Newport Beach City Employees Association (NBCEA), Newport Beach Employees League (NBEL), Newport Beach Firefighters Association (NBFA), Newport Beach Fire Management Association (NBFMA), Lifeguard Management Association (NBLMA), Newport Beach Part Time Unit (UPEC, Local 777), Newport Beach Police Association (NBPA), Newport Beach Police Management Association (NBPMA), Newport Beach Professional and Technical Association (NBPTEA) This Special Meeting of the City Council is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the City Council agenda be posted and distributed to Council Members, and members of the media requesting notice, at least 24 hours in advance of each Special Meeting and that the public be allowed to comment on agenda items before the City Council and items not on the agenda but are within the subject matter jurisdiction of the City Council. The City Council may limit public comments to a reasonable amount of time, generally either three (3) or five (5) minutes per person. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949- 644 -3005 or citvclerknc newoortbeachca.aovl. V. RECESS VI. RECONVENE AT 4:00 P.M. FOR SPECIAL MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. CURRENT BUSINESS 1. RESIDENTIAL PIERS. a) Adopt Resolution No. 2012 -119 approving a model permit template for residential piers; b) adopt Resolution No. 2012 -120 setting fair market value rent for residential piers; and c) direct staff to prepare an ordinance amending the Newport Beach Municipal Code ( "NBMC") to allow for the charging of fair market value rent as well as to remove the current prohibition against rentals of residential piers. X. ADJOURNMENT NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council of the City of Newport Beach has been scheduled for Tuesday, December 11, 2012, at 3:30 p.m. in order to conduct a Closed Session (Conference with Labor Negotiators) and 4:00 p.m. for the purpose of discussing Residential Piers. The meeting will be held at the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California. Leilani L Brown City Clerk City of Newport Beach 6 CITY OF °� mz NEWPORT BEACH C9C /Fp0.N`P City Council Staff Report 1 Agenda Item No. December 11, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3001, dkiff @newportbeachca.gov PREPARED BY: Dave Kiff, City Manager APPROVED: TITLE: Residential Piers ABSTRACT: The City of Newport Beach ( "City ") acts as the trustee of the State of California ( "State ") in the administration of public tidelands property within Newport Harbor. In this capacity, the City is effectively a landlord and is empowered by the 1978 Beacon Bay Bill, as amended ( "Beacon Bay Bill "), to rent tidelands property to third parties for a period of 50 years or less. Historically, the City has followed the lead of the State and not charged rent for residential piers located over tidelands. However, in 2011 the Governor signed into law SIB 152 (Pavley) which required the State Lands Commission to begin charging rent for residential piers. Because the City is a trustee of the State in regards to tidelands property, the City should comport its actions to that of the State and charge fair market value rent for the use of tidelands by residential piers. RECOMMENDATION: a) Adopt Resolution No. 2012 -119 approving a model permit template for residential piers; b) Adopt Resolution No. 2012 -120 setting fair market value rent for residential piers; and c) Direct staff to prepare an ordinance amending the Newport Beach Municipal Code ( "NBMC ") to allow for the charging of fair market value rent as well as to remove the current prohibition against rentals of residential piers. Residential Piers December 11, 2012 Page 2 FUNDING REQUIREMENTS: The current budget allows for the resources needed to implement these recommendations. The City's income properties administration position as well as the City Attorney and City Manager's office will handle permit implementation. DISCUSSION: Please see the staff report from the City Council's November 28th Special meeting on this same issue for additional background. Attachment C summarizes the changes suggested now by staff as a result of the feedback from Council and the public at the November 28th 2012 Special meeting. The proposed resolutions reflect the changes recommended in Attachment C. A remaining issue of note: The Council discussed (and recommended) a 2% per year cap on the increase in the Consumer Price Index. There was not detailed discussion about whether the rental rates would be adjusted by CPI (yet still capped at 2 %) even in the five - period phase -in years. Past actions on rents and fees similar to these have included the CPI adjustment during the phase -in period. Here is an example of the difference, if one assumed a 2012 rent of $800 for a dock — the top line shows no CPI adjustment at all during the phase in years, and the bottom line shows a maximum 2% increase, compounded annually: The Council will want to provide the staff with guidance on this issue. The working group of Mayor Gardner and Council Members Henn and Rosansky suggest applying the CPI (with a cap) during the phase -in period, in part to ensure that the rental amount is not out of step with the market rent in 2017 and in part to be consistent with previous Council actions regarding CPI. 4 Residential Piers December 11, 2012 Page 3 FOR MORE INFORMATION: The appraisals, the City's process to date, as well as the November 19, 2012 workshop are on the City's website under "Projects and Issues' then "Harbor Charges" for those who want to examine this process further. ENVIRONMENTAL REVIEW: City staff recommends the City Council find the approval of a model permit for residential piers and the setting of fair market value rent for residential piers is not subject to the California Environmental Quality Act ( "CEQK) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, City staff recommends the City Council find the approval of a model permit for residential piers and the setting of fair market value rent for residential piers is entitled to a Class 1 Categorical Exemption pursuant to CEQA Regulation Section 15301 because the rent and associated permit contemplates the continued use of existing facilities, with no expansion of the proposed use. Further, City staff recommends the City Council find the approval of a model permit for residential piers and the setting of fair market value rent for residential piers is entitled to a Statutory Exemption pursuant to CEQA Regulation Section 15273(a)(1) because the fair market value rent established by the City Council and the associated permit will be used to meet operating expenses within the tidelands. NOTICING: In addition to the stakeholder input noted above, this agenda item has been noticed according to the Brown Act (at least 24 hours in advance of the special meeting at which the City Council considers the item). Submitted by: a Dave Kiff City Manager K Residential Piers December 11, 2012 Page 4 Attachments: A. Resolution No. 2012 - B. Resolution No. 2012 - C. Chart Summarizing Recommended Changes RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A MODEL PERMIT TEMPLATE FOR RESIDENTIAL PIERS LOCATED UPON TIDELANDS WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, ( "Beacon Bay Bill ") the City of Newport Beach ( "City ") acts on behalf of the State of California as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, the Beacon Bay Bill and Chapter 17.60 of the Newport Beach Municipal Code ( "NBMC ") allow the City to authorize third parties to construct/maintain residential piers upon tidelands; WHEREAS, on July 27, 2010 the City Council formed the Council Ad Hoc Committee on Harbor Charges ( "Committee ") and tasked the Committee with performing a comprehensive review of tidelands uses. The Committee looked at mooring fees, rents at the Balboa Yacht Basin, and rents charged to persons holding commercial pier permits but did not review rents for residential piers; WHEREAS, Mayor Gardner and Council Members Henn and Rosansky have acted as a working group to review residential piers, as the Committee's specific scope of work neared completion; WHEREAS, the working group held a public outreach meeting with residential tidelands users to solicit their input and participation in the tidelands review process and this meeting afforded the public the opportunity to comment on this matter as well as provided the public information relating to this matter; WHEREAS, the City Council has considered all documents and comments in the record in connection with this resolution; and WHEREAS, after considering all public input, the working group recommends adoption of a model permit for residential piers located upon tidelands. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The Recitals provided above are true and correct and are incorporated into the substantive portion of this resolution. -1- 5 Section 2: The City Council adopts the model residential pier tidelands permit attached to this resolution, and incorporated by this reference, for use by residential pier tidelands users. The City Council finds that the residential tidelands users subject to the attached model permit are not subject to the open bid process found in City Council Policy F -7 because redevelopment/reuse of the tidelands by a third party would require excessive time, resources and costs which would outweigh other financial benefits. Section 3: The City Council determines, even though it has discretion to make determinations regarding the form of template permit and rental provisions therein, that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this resolution, that the facts stated in this resolution are supported by substantial evidence in the record, including, without limit, testimony received at public hearings, the Staff presentations and Staff reports made in connection with this matter, all materials in project files, and the Netzer and Rasmuson appraisal reports. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it and determines that evidence presented that was contrary to the findings made in this resolution was not sufficient or substantial enough to outweigh the evidence supporting this resolution. Section 4: Notwithstanding City Council Policy F -7, the City Council authorizes the City Manager or his /her designee to enter into the attached permit, in a form that is substantially similar to the attached model permit with residential tidelands users. At his /her discretion, the City Manager may refer any permit to the City Council for consideration. Section 5: The City Council finds the adoption of a model permit template for residential pier tidelands uses is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the adoption of a model permit template for residential pier tidelands uses is entitled to a Class 1 Categorical Exemption pursuant to CEQA Regulation Section 15301 because the permit contemplates the continued use of existing facilities, with no expansion of the proposed use. Further, the City Council finds the setting of rent for residential pier tidelands uses and the adoption of a model permit template for residential pier tidelands uses to implement the rent is entitled to a Statutory Exemption pursuant to CEQA Regulation Section 15273(a)(1) because the fair market value rent established by the City Council and implemented by the permit will be used to meet operating expenses within the tidelands. Lastly, the City Council finds the adoption of a model permit template for residential pier tidelands uses is not a project under CEQA -2- s Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of 2012. Nancy Gardner, Mayor ATTEST: Leilani I. Brown, City Clerk Attachments: (1) Model Permit Template for Residential Piers -3- Residential Tidelands Pier Permit (1) Permittee: This Permit is issued on to ( "Permittee ") to construct/maintain a residential pier located upon City of Newport Beach ( "City ") tidelands, as more particularly described and depicted in Attachment 1 ( "Premises "), which is attached hereto and incorporated by reference. By acceptance of this Permit, the Permittee agrees to be bound by the terms contained in this Permit. (2) Term: This Permit shall be valid for a period of twelve (12) calendar months beginning on March 1, 20_ and expiring on February _, 20_, unless terminated earlier as provided herein. (3) Rent: Rent shall be calculated pursuant to Resolution No. 2012 -_, or any successor /amended resolution. Resolution No. 2012 -_ and any successor /amended resolution are automatically incorporated by reference into this Permit, without any further action by the parties, when adopted by the Newport Beach City Council. (A) Periodic Payment of Rent: One -sixth (1/6) of annual rent for a particular year shall be received by the City within nineteen (19) days after the mailing of the Municipal Services Statement to Permittee. Bi- monthly rent will be billed with the Permittee's Municipal Services Statement. (B) Place for Payment of Rent: All payments of rent shall be made in lawful money of the United States of America and shall be paid to City on line at www.newportbeachca.gov, in person or by United States' mail, or overnight mail service, at the Cashier's Office located at 3300 Newport Boulevard, Newport Beach, CA 92658, or to such other address as City may from time to time designate in writing to the Permittee. The Permittee assumes all risk of loss and responsibility for late charges and delinquency rates if payments are not timely received by the City regardless of the method of transmittal. (C) Late Charges: A ten percent (10 %) late charge, or the maximum rate allowable under State law, shall be added to all payments due but not received by City by the due date. (4) Utilities and Taxes: The Permittee is solely responsible for obtaining all utilities and paying all taxes, fees and assessments for the Premises or improvements located thereon. (5) Possessory Interest Tax Notice: The City hereby gives notice to the Permittee, pursuant to Revenue and Tax Code Section 107.6 that this Permit may create a possessory interest that is the subject of property taxes levied on such interest, the payment of which taxes shall be the sole obligation of the Permittee. The Permittee shall advise in writing any sublessee, licensee, concessionaire or third party using the Premises of the requirements of Section 107.6. 1 8 (6) Compliance With Applicable Laws: The Permittee is required at its sole expense to comply with all applicable City, County, State and Federal laws, policies and regulations. (7) Maintenance: The Permittee assumes full responsibility for operation and maintenance and repair of the Premises and associated improvements throughout the term of this Permit at its sole cost, and without expense to the City. (8) Transfer /Assignment: This Permit may be transferred or assigned by the Permittee as provided in the Newport Beach Municipal Code. (9) Termination: This Permit may be terminated for cause (e.g., failure to abide by the terms of this Permit, etc.) by the City with no less than thirty (30) calendar days prior written notice to the Permittee. In the event of termination under this section, the City shall owe no compensation to the Permittee and the Permittee shall remove all improvements from the Premises within ninety (90) calendar days. The Permittee shall continue to pay rent to the City during the period in which the improvements are removed. Alternatively, the Permittee, with the City's prior written consent, may quitclaim all fixtures, equipment, and improvements on the Premises to the City. Notwithstanding any other provision of this Permit as permitted by California Public Resources Code Section 6312, or any successor statute, the parties agree that upon expiration or earlier termination of this Permit the City shall have no liability or obligation to pay compensation for any improvements made to the Premises. (10) Insurance: The Permittee shall maintain liability insurance for the Premises and the improvements located thereon. The City may in its sole and absolute discretion require a Permittee to produce written evidence of the insurance required under this section. (11) Rental: The Permittee may rent/lease its Residential Pier (e.g., pier, dock, slip, etc.) to third - parties as provided in the Newport Beach Municipal Code. 2 9 Attachment 1 Description & Depiction of Premises Premise's Address (or description of general location): Premise's Square Footage: Premise's Depiction: 3 10 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH SETTING RENT FOR RESIDENTIAL PIERS LOCATED UPON TIDELANDS WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, ( "Beacon Bay Bill ") the City of Newport Beach ( "City ") acts on behalf of the State of California as the trustee of Tidelands located within the City's limits, including Newport Harbor; WHEREAS, the Beacon Bay Bill and Chapter 17.60 of the Newport Beach Municipal Code ( "NBMC ") allow the City to authorize third parties to construct/maintain residential piers upon tidelands; WHEREAS, on July 27, 2010 the City Council formed the Council Ad Hoc Committee on Harbor Charges ( "Committee ") and tasked the Committee with performing a comprehensive review of tidelands uses. The Committee looked at mooring fees, rents at the Balboa Yacht Basin, and rents charged to persons holding commercial pier permits but did not review rents for residential piers; WHEREAS, Mayor Gardner and Council Members Henn and Rosansky have acted as a working group to review residential pier rental rates, as the Committee's specific scope of work neared completion; WHEREAS, the Beacon Bay Bill, California Constitution Article 16, Section 6, and City Council Policy F -7(D) require the City to receive fair market value Rent from third parties using the Tidelands; WHEREAS, the City Council has the exclusive discretion to determine fair market value Rent based upon the findings of a City - selected appraiser; WHEREAS, an appraisal report by Rasmuson Appraisal Services, and an appraisal report by Netzer & Associates, were prepared and delivered to the City and have been reviewed and considered by the City Council, which reports are part of the record for this matter; WHEREAS, on November 19, 2012, the working group held a public outreach meeting with Residential Pier Permittees to solicit their input and participation in the Tidelands review process and this meeting afforded the public the opportunity to comment on this matter as well as allowing the working group to provide to the public information relating to this matter; -1- 11 WHEREAS, on November 28, 2012, the City Council held a Special Meeting to solicit input from Residential Pier Permittees and members of the community regarding the proposed fair market rent for Residential Piers; WHEREAS, the City Council has considered all documents and comments in the record in connection with this resolution; WHEREAS, all previous resolutions and actions regarding the fair market value Rent for Residential Piers located upon Tidelands that are in conflict with the Rent established by the City Council in this resolution are hereby repealed. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The Recitals provided above are true and correct and are incorporated into the substantive portion of this resolution. Section 2: The City Council finds that the Rent provisions contained in the attached Residential Pier Tidelands Rent Calculations, which is incorporated by reference, provide for the charging of fair market value Rent and that the rental rate (and adjustments) in the attachment constitute fair market value Rent for Residential Piers located upon Tidelands, which findings are made by the City Council in its exclusive discretion but are based on the information in the appraisals of its City - selected appraisers and, in addition, on other testimony and documents in the record for this matter. The City Council further finds and determines the Rent for Residential Piers located upon Tidelands, operating under an annual permit, shall be set in accordance with the attached Residential Pier Tidelands Rent Calculations. The Rent established in this resolution shall only be applicable to Permittees with a Residential Pier located over Tidelands. Section 3: The City Council finds the setting of Rent for residential piers located upon Tidelands is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the setting of Rent for residential piers located upon Tidelands is entitled to a Class 1 Categorical Exemption pursuant to CEQA Regulation Section 15301 because the Rent contemplates the continued use of existing facilities, with no expansion of the proposed use. Further, the City Council finds the setting of Rent for residential piers located upon Tidelands is entitled to a Statutory Exemption pursuant to CEQA Regulation Section 15273(a)(1) because the fair market value Rent established by the City Council will be used to meet operating expenses within the Tidelands. -2- 12 Lastly, the City Council finds the setting of Rent for residential piers located upon Tidelands is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5: This resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of , 2012. Nancy Gardner, Mayor ATTEST: Leilani I. Brown, City Clerk Attachment: Residential Pier Tidelands Rent Calculations -3- 13 Residential Pier Tidelands Rent Calculations Residential Pier Rent (1) Beginning on March 1, 2013, Residential Pier Permittees shall pay as Rent Fifty -Two and One -Half Cents ($0.525) per square foot of the Premises, as phased in and adjusted pursuant to this resolution. Two (2) examples of the Rent calculation are provided below for illustrative (2) Beginning on March 1, 2013, Permittees that rent/lease their Residential Pier, either in whole or in part, shall pay the Rent applicable to Small Commercial Marinas as established in Resolution No. 2012 -98, or any successor resolution, for the Premises. (3) To the extent a Residential Pier is shared by two (2) or more Permittees, the Rent shall be apportioned equally among the Permittees (i.e., if a Residential Pier is share by two (2) Permittees half (1/2) of the Rent shall be billed to one (1) Permittee and the other half (1/2) of the Rent shall be billed to the other Permittee). The Permittees shall be joint and severally liable for the Rent. Each Permittee shall receive a permit from the City indicating the percentage of the Premises apportioned to the Permittee. -4- 14 Periodic Adjustments of Rent And Phase In Rent for Residential Piers provided by this resolution, shall be phased -in and adjusted as follows in the table below. In the table, "A" represents the calculated rent based on the known square footage under permit in 2012, multiplied by Fifty -Two and One -Half Cents a square foot ($0.525/SF): Fifty -Two and One -Half Cents ($0.525) Rent Phase -in Table and Adjustment lff�Wplles 2012 2013 2014 111MUS 2016 JILAQ General ([A ([A ([A- $100) /5) (IA- Fully $ 100 $100] /5) + $100] /5) + $100j/5) + Phased -in Example $100 2013 Rent + 2014 Rent 2015 Rent Rent A Example #1- $ 100 $ 199 $ 299 $ 398 $ 498 $ 597 1,139 SF Example #2 - $ 100 $ 229 $ 358 $ 487 $ 616 $ 748 1,426 SF Example #3 - $ 100 $ 445 $ 790 $ 1,135 $ 1,480 $ 1,827 3,480 The table above reflects constant dollar values. As a result, the actual rent paid by 2017 and in each year previous to that shall be adjusted by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers ( "CPI "), Los Angeles- Riverside - Orange County region or two percent (2 %) whichever is less, during the phase -in period. Following 2017 and indefinitely beyond, the rental rate shall continue to be adjusted by the change in the CPI or two percent (2 %) whichever is less. The City shall conduct a new appraisal of residential pier rental rates in Newport Harbor after March 1, 2018, and every fifth (5th) year thereafter, as part of the appraisal required by Resolution No. 2012- 96, or any successor resolution. The Rent determined by the appraisal, and other information provided to the City Council, shall commence on March 1 of the year following the appraisals (i.e., the Rent determined by the appraisal following March 1, 2018 shall be effective March 1, 2019). Definitions Unless otherwise provided, the terms provided in the Newport Beach Municipal Code ( "NBMC ") shall apply to this resolution. The singular of any term also includes the plural. -5- 15 (1) Permittee means a person who has a permit from the City to construct/maintain a Residential Pier. (2) Premises means those Tidelands which are subject to the applicable permit and are more particularly described and depicted in the applicable permit, excluding any Private Waterways and improvements owned by the Permittee. The Premises shall include only the portion of the Tidelands located under a Residential Pier plus up to ten feet (10') of boatable berth space around the dock and float area. The ten feet (10') of boatable berth space shall be reduced to the extent an adjacent property line projects within the ten foot (10') area, or other obstructions (e.g., sediment build up, beach location, etc.) that cause the ten foot (10') area, in the sole and absolute discretion of the City Manager, or his /her designee, to be unusable for purposes of the calculation. In no event shall the rear of the Residential Pier be included within the Premises. (3) Private Waterways means privately owned submerged lands. (4) Rent means the annual fair market rent charged on a square footage basis for the use of the Premises. (5) Residential Pier means a pier used by the owner or occupant(s) of the abutting residentially zoned upland property. A Residential Pier shall include the entire pier system, including, but not limited to, the float, gangway, gangway landing, pier, pier platform and internal area of a slip(s). (6) Tidelands means certain tidelands and submerged land (whether filled or unfilled), located in the City of Newport Beach, County of Orange, State of California granted to the City of Newport Beach, as trustee, by the State of California, pursuant to the Tidelands Grant. (7) Tidelands Grant means uncodified legislation related to the State of California's grant of certain rights in the Tidelands to the City of Newport Beach, including, without limitation, the Beacon Bay Bill (Chapter 74 of the Statutes of 1978, as amended [citations omitted]). -6- 16 Attachment C — Chart Summarizing Recommended Changes — Page 1 of 2 Recommendation .. Subject Recommendation Council on Council for Notes 11-28-2012 12-11-2012 Rental Charge $0. 525 /SF /year $0.525 /SF /year $0.525/SF /year Splits the difference between two appraisals - $0.50/SF and $0.55/SF. Float + Gangway + Internal If property line is <10' from sides, then property line Similarto 11 -28 Float + Gangway + Slip (if any) + up to SO' recommendation, but not and useability is determinative. Citywillreview Subject Area Subject to Rent Internal Slip f an +u ( Y) P around float, unless waterway useability on a permit-by-permit basis - if y � to 10' around float. "backside" and other to charge for backside of float in some portion of the dock is not useable, it should all cases. portions not useable. not be in permit area. Similarto mooring rental increase (5 periods), not BYB rental increase (3 periods). Phase -in amount Phase -in of Increase 3 years - to 2015 5 years - to 2017 5 years - to 2017 would be adjusted by CPI but capped at 2% between 2014 and 2017. Cap CPI at 2% per year, reset By change in CPI, then re concurrent with other The $0.525 /SF would be adjusted by CPI annually but Periodic Adjustments set based in part on No change harborwide appraisal capped at 2% until the next Harborwide appraisal. appraisal. (set for 2017 -2018) This is re: the lo' strip of waters around a float. Square or curved corners Square corners Curved corners Curved corners Workshop attendee noted that it should be curved around the float, not boxed around it. Should waters around Appraisers on 11 -20 confirmed that the values Newport Island be the Yes No change No change should be the same regardless of where a dock is in same as rest of Harbor? the harbor. $100 /year permit fee's Review fee, consider Review fee, consider City will review this with fee consultant in early applicability to private or No recommendation reduction or deletion. reduction or deletion. 2013. County waters. Allow rentals. Permittees Amend NBMC to allow it, declare on application if they Marinas expressed concern that allowing rentals at If residential pier space Amend NBMCto allow it. charge Small Commercial will rent. Charge Small the business model of all is rented out Marina rental rate for that Commercial Marina rental rate portion rented. ($1.26 /SF) for entire pier legal ariundermines legal marinas. permit area. Attachment C — Chart Summarizing Recommended Changes — Page 2 of 2 18 Pre-Workshop Recommendation to Recommendation to for Subject Recommendation Council on Council r Notes Independent hearing officer This is similar to other appellate processes in the NO Appeal Process TBD TBD would hear appeals of the Municipal Code. Would be further developed in Jan - specific SF included in permit. Feb 2013, comeback to Council in Feb 2013. Terms Included in Written Permit Develop language in Jan -Feb Permits would have 2013. Direction is to require City Council also asked that the City study whether Require $SM of General general statement insurance but: - Insurance Liability requiring insurance w /no • No set dollar amount; and to purchase one harbor -wide insurance policy for general liability. identified amount. • No hold harmless nor City indemnity language. Permits not transferable - Transferability ro is sold. If property P Allow transfer. Allow transfer. - Notice of Termination 1 7days 30 days 1 30 days 18 Attachment C — Chart Summarizing Recommended Changes — Page 1 of 2 Recommendation .. Subject Recommendation Council on Council for Notes 11-28-2012 12-11-2012 Rental Charge $0. 525 /SF /year $0.525 /SF /year $0.525/SF /year Splits the difference between two appraisals - $0.50/SF and $0.55/SF. Float + Gangway + Internal If property line is <10' from sides, then property line Similarto 11 -28 Float + Gangway + Slip (if any) + up to SO' recommendation, but not and useability is determinative. Citywillreview Subject Area Subject to Rent Internal Slip f an +u ( Y) P around float, unless waterway useability on a permit-by-permit basis - if y � to 10' around float. "backside" and other to charge for backside of float in some portion of the dock is not useable, it should all cases. portions not useable. not be in permit area. Similarto mooring rental increase (5 periods), not BYB rental increase (3 periods). Phase -in amount Phase -in of Increase 3 years - to 2015 5 years - to 2017 5 years - to 2017 would be adjusted by CPI but capped at 2% between 2014 and 2017. Cap CPI at 2% per year, reset By change in CPI, then re concurrent with other The $0.525 /SF would be adjusted by CPI annually but Periodic Adjustments set based in part on No change harborwide appraisal capped at 2% until the next Harborwide appraisal. appraisal. (set for 2017 -2018) This is re: the lo' strip of waters around a float. Square or curved corners Square corners Curved corners Curved corners Workshop attendee noted that it should be curved around the float, not boxed around it. Should waters around Appraisers on 11 -20 confirmed that the values Newport Island be the Yes No change No change should be the same regardless of where a dock is in same as rest of Harbor? the harbor. $100 /year permit fee's Review fee, consider Review fee, consider City will review this with fee consultant in early applicability to private or No recommendation reduction or deletion. reduction or deletion. 2013. County waters. Allow rentals. Permittees Amend NBMC to allow it, declare on application if they Marinas expressed concern that allowing rentals at If residential pier space Amend NBMCto allow it. charge Small Commercial will rent. Charge Small the business model of all is rented out Marina rental rate for that Commercial Marina rental rate portion rented. ($1.26 /SF) for entire pier legal ariundermines legal marinas. permit area. Attachment C — Chart Summarizing Recommended Changes — Page 2 of 2 18 Pre-Workshop Recommendation to Recommendation to for Subject Recommendation Council on Council r Notes Independent hearing officer This is similar to other appellate processes in the NO Appeal Process TBD TBD would hear appeals of the Municipal Code. Would be further developed in Jan - specific SF included in permit. Feb 2013, comeback to Council in Feb 2013. Terms Included in Written Permit Develop language in Jan -Feb Permits would have 2013. Direction is to require City Council also asked that the City study whether Require $SM of General general statement insurance but: - Insurance Liability requiring insurance w /no • No set dollar amount; and to purchase one harbor -wide insurance policy for general liability. identified amount. • No hold harmless nor City indemnity language. Permits not transferable - Transferability ro is sold. If property P Allow transfer. Allow transfer. - Notice of Termination 1 7days 30 days 1 30 days 18 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 11, 2012 CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE (at Farallon & Avocado) REGULAR MEETING - 6:30 P.M. d E d 5 v 0 vo` ?�C h,Q c � n o, O, O Fo o° a ti O oe 0 0 MICHAEL F. HENN Council Member RUSH N. HILL, II Council Member DAVE KIFF City Manager .i" viio Y Neayon 6 11jn r FarLlp�O E Enter here a C« - Spmues a�u�ax�, 11 Pg r N... c_ a a P� `K a5 �e y£' had L A � N S IIa NANCY GARDNER Mayor KEITH D. CURRY Mayor Pro Tern LESLIE J. DAIGLE Council Member AARON HARP City Attorney I a 4 P C.� 3 q N U STEVEN ROSANSKY Council Member EDWARD D. SELICH Council Member LEILANI BROWN City Clerk STEPHEN BADUM TERRI CASSIDY DAVE WEBB Assistant City Manager Deputy City Manager/ Public Works Director Human Resources Director _= PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. __ NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the Council. If you do fill out the card, please place it in the box at the podium. PUBLIC HEARINGS: If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. This agenda was prepared by the City Clei reports or other written documentation have listed on the agenda. Regular meetings c Tuesdays of each month at 7:00 p.m. If you other documentation regarding any item ( (949) 644 -3005. The agendas, minutes http://www.newportbeachca.gov. c and staff reports are available at the City Clerk's Office. Staff )een prepared or organized with respect to each item of business the City Council are generally held on the second and fourth have any questions or require copies of any of the staff reports or f business on the agenda, please contact City Clerk staff at and staff reports are also available on the City's website: It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE December 11, 2012 REGULAR MEETING - 6:30 P.M. I. STUDY SESSION — Cancelled II. CONVENE AT 6:30 P.M. FOR REGULAR MEETING III. ROLL CALL IV. PLEDGE OF ALLEGIANCE V. INVOCATION - Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Church VI. PRESENTATIONS Presentation of Gifts to Outgoing Council Member Steve Rosansky and Remarks by Outgoing Council Member Steve Rosansky VII. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. Speakers must limit comments to five (5) minutes on agenda items. The City Council has the discretion to extend or shorten the time limit on agenda or non - agenda items. As a courtesy, please turn cell phones off or set them in the silent mode. VIII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 & 2) are considered to be routine and will all be enacted by one motion in the form listed below. Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council, staff or the public request specific items to be discussed and /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, and state their name and item number. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. A. CONTRACTS AND AGREEMENTS PROPOSED DONATION OF PLAYGROUND EQUIPMENT FOR A TOT LOT BY THE BALBOA PENINSULA POINT ASSOCIATION — APPROVAL OF ENCROACHMENT AND MAINTENANCE /REPAIR REIMBURSEMENT AGREEMENTS. a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow non - standard improvements within the East Balboa Boulevard and Miramar Drive public rights -of -way; b) waive Council Policy B -17, Parks, Facilities, and Recreations Program Donations, to allow City Council to accept he donation of public amenities and to allow a donation plaque to exceed the recommended size; c) enter into an Encroachment Agreement and Maintenance /Repair Reimbursement Agreement with the Balboa Point Association, contingent upon all conditions of the Encroachment Permit process being met, and authorize the City Manager and City Clerk to execute the Agreements; and d) waive all associated Encroachment Permit fees. B. MISCELLANEOUS 2. AMBULANCE TRANSPORT COT REPLACEMENT PURCHASE. a) Approve the purchase of three Stryker Power -Pro XT Model 6506 battery powered ambulance transport cots for use in Paramedic ambulances for an amount not to exceed $42,192.39; and b) authorize Budget Amendment No. 13BA -024 to transfer $42,192.39 from the General Fund Paramedic Reserve account 010 -3732 to Fire EMS account 2340 -9300 to fund the purchase (per Council Reserve Police F -2, the excess revenues collected from the Paramedic Program are to be used for paramedic related purposes as directed by the City Council). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. IX. ITEMS REMOVED FROM THE CONSENT CALENDAR X. PUBLIC HEARING 3. UPTOWN NEWPORT PROJECT — NOTICE OF INTENT TO OVERRIDE THE AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY - 4311 -4321 JAMBOREE ROAD. a) Conduct public hearing; and b) adopt Resolution No. 2012 -121 notifying the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's intention to override the Airport Land Use Commission's determination that the proposed Uptown Newport project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan and finding the adopting of this Resolution is not subject to California Environmental Quality Act (CEQA). XI. PUBLIC COMMENTS Public comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Council. Speakers must limit comments to three (5) minutes. Before speaking, please state your name for the record. 2 XII. 4. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS. Action: Adopt Resolution No. 2012 -122 declaring the results of the General Municipal Election held on November 6, 2012. 5. ADMINISTRATION OF OATH OF OFFICE. Action: a) The City Clerk calls the elected Council Members forward, administers the Oath of Office prescribed in the State Constitution to the elected officials, and delivers to each a Certificate of Election; and b) the elected Council Members are seated at the Council dais. 6. ELECTION OF MAYOR. The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct verbal nominations for Mayor and conduct election by roll call vote; b) new Mayor is announced by the City Clerk; and c) Mayor takes proper place at Council dais. 7. ELECTION OF MAYOR PRO TEM. The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct verbal nominations for Mayor Pro Tem and conduct election by roll call vote; b) new Mayor Pro Tem is announced by the City Clerk; and c) Mayor Pro Tem takes proper place at Council dais. 8. SEATING ARRANGEMENTS FOR CITY COUNCIL. Action: Council decides on seating arrangement of Council dais (senior Council Members having first preference). 9. REMARKS. Action: a) Elected Council Members' remarks; b) presentation of gavel plaque to outgoing Mayor; c) outgoing Mayor's remarks; and d) new Mayor's remarks. XIII. ADJOURNMENT 3 ,•�_� C11y Cf�>iiil�;Il St�.il F��= '��rl Agenda Item No. 1 December 11, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 -3311, dwebb @newportbeachca.gov PREPARED BY: Socheata Chhouk, Associate Civil Engineer APPROVED: TITLE: Proposed Donation of Playground Equipment for a Tot Lot by the Balboa Peninsula Point Association — Approval of Encroachment and Maintenance /Repair Reimbursement Agreements ABSTRACT: The Balboa Peninsula Point Association requests approval to construct and donate playground equipment for a tot lot on the southeast corner of East Balboa Boulevard and Miramar Drive within an existing street median in the public right -of -way. RECOMMENDATIONS: 1. Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow non - standard improvements within the East Balboa Boulevard and Miramar Drive public rights -of -way, 2. Waive Council Policy B -17, Parks, Facilities, and Recreations Program Donations, to allow City Council to accept the donation of public amenities and to allow a donation plaque to exceed the recommended size, 3. Enter into an Encroachment Agreement and Maintenance /Repair Reimbursement Agreement with the Balboa Peninsula Point Association, contingent upon all conditions of the Encroachment Permit process being met. Authorize the City Manager and City Clerk to execute the Agreements. 4. Waive all associated Encroachment Permit fees. 1 of 40 Proposed Donation of Playground Equipment for a Tot Lot by the Balboa Peninsula Point Association — Approval of Encroachment and Maintenance /Repair Reimbursement Agreements December 11, 2012 Page 2 FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this project. It will be expensed to the Contract Services Medians account in the Municipal Operations Department, 3170 - 80881. DISCUSSION: The Balboa Peninsula Point Association (BPPA) would like to beautify an existing landscaped median area in the public right -of -way on the southeast corner of East Balboa Boulevard and Miramar Drive. The landscaped median area currently serves as a neighborhood park which has a manicured lawn, mature City Ficus street trees, and two benches. BPPA would like to enhance this neighborhood park with a tot lot for public use (Exhibit A). The proposed tot lot consists of the following improvements: • "Rockblocks" climbing tunnel, "raptor rock head ", and "raptor rock tail' playground equipment manufactured by Playworld Systems; • White vinyl fencing and gate to enclose the tot lot area; • An entry walkway connecting the public sidewalk to the white vinyl gate on Miramar Drive; • A 24 -inch by 36 -inch granite donor plaque located adjacent to and flush to the entry walkway; • Playground sand and "ProDek" poured -in -place rubber surfacing, and • Root barrier, landscaping, artificial turf, and irrigation modification improvements. BPPA proposes to construct the tot lot amenities and donate the improvements to the City for ownership, general maintenance and operation. The total donation is valued at approximately $40,000. The existing neighborhood "park" is currently maintained by the City. The additional general maintenance and operations will cost the Municipal Operations Department approximately $35 per month. The additional cost for Recreation & Senior Services Department will be negligible. City staff will perform a monthly inspection of the tot lot playground equipment. The scheduled general maintenance of the proposed tot lot will consist of (1) quarterly trimming of the hedge around the perimeter of the vinyl fencing, (2) removal of litter, trash, any animal feces, and tree debris from the tot lot area 6 days a week, and (3) monthly inspections of tot lot playground equipment. 2 of 40 Proposed Donation of Playground Equipment for a Tot Lot by the Balboa Peninsula Point Association — Approval of Encroachment and Maintenance /Repair Reimbursement Agreements December 11, 2012 Page 3 As shown on the Encroachment Agreement (Exhibit B) and Maintenance /Repair Reimbursement Agreement (Exhibit C), the City would be reimbursed by BPPA for additional costs and expenses incurred for any renewal, repair, replacement or restoration of the proposed improvements, (e.g., replacement of damaged fencing, replacing of sand, etc.). The reimbursable items are considered extraordinary work beyond the scheduled general maintenance. The proposed tot lot will be installed within the East Balboa Boulevard and Miramar Drive street median public rights -of -way, as opposed to park property. This area functions as a neighborhood park - however, it is not an official park site. The proposed tot lot is somewhat covered under Council Policy L -6 or Council Policy B -17. Council Policy L -6, Private Improvements in the Public Rights -of -Way, Section A, prohibits the proposed improvements in the public rights -of -way. However, this particular public right -of -way functions as a neighborhood park. Council Policy L -6, Section G, states "variances from the strict application of this policy shall not be granted unless individual circumstances indicate that approval will be consistent with the public interest." Staff feels the approval of the tot lot and related appurtenances are consistent with public interest as the BPPA is proposing the improvements for the benefit of the public. The intent of Council Policy L -6 is to limit the extent of private improvements in the public rights -of -way. The improvements proposed by BPPA will serve the community and will be donated to the City as a public amenity. Council Policy B -17, Parks, Facilities, and Recreation Programs Donations, Section B, Item 4, permits donation of public amenities ( "equipment that will improve public places in parks, in and /or around public buildings, streets, walkway, and trails may be donated to the City ") to be accepted or declined by the Parks, Beaches, and Recreation Commission. Due to the long term nature of the improvements, maintenance, potential liability costs, being is public right -of way rather than in park lands, and the requested variance for both Council Policies, this project is being presented directly to City Council for consideration and approval. In addition, Council Policy B -17, Section H, Item 3, allows donors providing donations valued at $4,000 or greater to provide a dedicatory plaque not exceeding 5" x 7" with name, date and dedication wording not exceeding 25 words. BPPA would like to acknowledge their donors with a 24" x 36" granite plaque adjacent to the entry walkway on Miramar Drive. It would be constructed flush with the walkway. The plaque wording is shown on Exhibit D. The proposed plaque exceeds the limits set by Council Policy B -17. This plaque will honor several donors and provide a dedication for the tot lot. The donor plaque will be owned, maintained, and replaced by the BPPA. 3 of 40 Proposed Donation of Playground Equipment for a Tot Lot by the Balboa Peninsula Point Association — Approval of Encroachment and Maintenance /Repair Reimbursement Agreements December 11, 2012 Page 4 Once the project is complete and accepted by the City: 1. City will maintain and operate the permitted improvements and appurtenances according to a general maintenance schedule; and 2. City will pay for all costs and expenses incurred for any renewal, repair, replacement, or restoration of permitted improvements beyond general maintenance schedule and will invoice BPPA for reimbursement. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Class 1 Existing Facilities) of the CEQA of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: David Web J Public Works Director Attachments: A. Location Map and Site Plan B. Encroachment Agreement C. Maintenance /Repair Reimbursement Agreement D. Donor Plaque Detail E. Balboa Peninsula Point Association Letters F. Council Policies L -6 and B -17. 4 of 40 Attachment&, ,..,V „ � w \ � !. i MH 6 < t i l4 q 4� ugh J ' 1 } g ,u I tiu r 4p � t JOIN ,N Al /!'�' 11-01 i 7 4 1 - C 1 '7 A � $ u ti t .d Attachment B RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach Attn: Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 Exempt from recording fees pursuant to Govt. Code section 27383 ror mecorcers use vmy ENCROACHMENT AGREEMENT (EPN N2012 -0057) THIS ENCROACHMENT AGREEMENT ( "Agreement') is made and entered into this day of December, 2012, by and between Balboa Peninsula Point Association, a California non - profit IRS 501(c)(4) corporation, ( "Association "), and the City of Newport Beach, a California municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California ( "City'). WITNESSETH: WHEREAS, on December 11, 2012, the City Council waived City Council Policies L -6 (Private Encroachments in the Public Rights -of -Way) and B -17 (Parks, Facilities, and Recreation Program Donations) and authorized the City to enter into an Encroachment Agreement with Association. WHEREAS, City is the owner of certain real property in the City of Newport Beach located on the southeast corner of East Balboa Boulevard and Miramar Drive and legally described as the East Balboa Boulevard and Miramar Drive public rights -of- way of Tract 518, as shown on a map recorded in Book 17, Pages 33 through 36 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County ('Property'). The Property is depicted on Exhibit "A" attached hereto and incorporated by reference. WHEREAS, Association desires to construct certain non - standard improvements as further described herein ('Permitted Improvements ") on the Property. The Permitted Improvements are described and depicted on Exhibit "B" attached hereto and incorporated by reference. 8 of 40 WHEREAS, there is an existing landscaped area that functions as a neighborhood park ( "Park ") on the southeast corner of East Balboa Boulevard and Miramar Drive. WHEREAS, Association desires to create a tot lot for public use at the Park by constructing and installing the Permitted Improvements. WHEREAS, City desires to accept the constructed Permitted Improvements as a donation from Association. WHEREAS, said Permitted Improvements may interfere in the future with City's ability to construct, operate, maintain, and replace City and other public, facilities and improvements on the Property. WHEREAS, the parties hereto desire to enter this Agreement providing for fulfillment of the conditions required by City to permit Association to construct said Permitted Improvements. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. City will permit Association to construct, install, and use said Permitted Improvements and appurtenances incidental thereto, on the Property, if in substantial conformance with the plans and specifications on file in the City. City will further allow Association to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 2. Rights granted under this Agreement may be terminated by City with or without cause and at any time without notice. Except in the case of breach, the City shall make good faith efforts to provide notice sixty (60) days in advance of termination specifying in said notice the date of termination. City shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of Permitted Improvements by City. 3. Association and City further agree as follows: a. Association may construct and install Permitted Improvements and appurtenances incidental thereto, in substantial conformance with the plans and specifications on file in the City's Public Works Department, and as described on Exhibit "B" attached hereto. b. City shall maintain the Permitted Improvements in accordance with generally prevailing standards of maintenance. Association shall reimburse the City for all non - routine maintenance performed on the Permitted Improvements. 9 of 40 Balboa Peninsula Point Association, a California non - profit IRS 501(c)(4) corporation Page 12 c. If City or other public facilities or improvements are damaged by the installation or presence of Permitted Improvements, Association shall be responsible for the cost of repairs. d. That should City be required to enter onto the Property to exercise its primary rights associated with the Property, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, City may remove portions of the Permitted Improvements, as required, and in such event: i. City shall notify Association in advance of its intention to accomplish such work, provided that an emergency situation does not exist. ii. City shall be responsible for arranging for any renewal, replacement, or restoration of the Permitted Improvements affected by such work by City. iii. City agrees to bear only the cost of any removal of the Permitted Improvements affected by such work by City. iv. Association agrees to reimburse all costs for the renewal, replacement, or restoration of the Permitted Improvements. 4. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is Association, City may enter upon the Property and remove all or part of the Permitted Improvements installed by Association. Termination because of breach shall be upon a minimum of ten (10) day notice, with the notice specifying the date of termination. In the event of litigation, commenced with respect to any term of condition of this Agreement, the prevailing party shall not be entitled to attorneys fees and costs. 5. Association shall defend, indemnify and hold harmless City, its City Council, boards, committees, and commissions, officers and employees from and against any and all loss; damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the Permitted Improvements. 6. This Agreement shall automatically terminate upon the City's acceptance of ownership of the Permitted Improvements. 7. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 10 of 40 Balboa Peninsula Point Association, a California non - profit IRS 501(c)(4) corporation Page 13 S. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 9. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 10. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 11. Association shall at Association's own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 12. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [SIGNATURES ON NEXT PAGE] 11 of 40 Balboa Peninsula Point Association, a California non - profit IRS 501(e)(4) corporation . Page 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I t; (�-- By: Aaron arp M to �2 -� City Attorney ATTEST: Date: M Leilani I. Brown City Clerk ATTACHMENTS CITY OF NEWPORT BEACH, A California municipal corporation Date: Bv: Dave Kiff City Manager ASSOCIATION: Balboa Peninsula Point Association, a California non - profit IRS 501(c)(4) corporation Date: By: Jeff Dole President Date: By: Dennis Borowsky Vice President [END OF SIGNATURES] Association must sign in the presence of notary public EXHIBIT A- Plans as approved by Public Works EXHIBIT B - Permitted Improvements 12 of 40 Balboa Peninsula Point Association, a California non - profit IRS 501(c)(4) corporation Page 15 ACKNOWLEDGMENT State of California County of ) SS. 13971, Notary Public, personally appeared before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of } ss. On Notary Public, personally appeared before me, (seal) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ature Balboa Peninsula Point Association, a California non - profit IRS 501(c)(4) corporation (seal) 13 of 40 0 J m 8 m m J m m r w CL 0 Of a. lay,. Exhibit `IN14o Sheet 1 of 1 GinnAn nn G9 BXI' IBIl0 "B" Permitted improvements It is mutually agreed that Permitted Improvements shall be defined as: a. A 3 foot, 3 inch high rockbiocks climbing tunnel, raptor rock head, and raptor rock tail playground equipment manufactured by Playworld Systems; b. A 36 inch high fence and a 6 foot wide by 36 inch high double gate constructed of white vinyl material surrounding the tot lot; c. Approximately 11 cubic yards of "washed plaster" playground sand at 18 inches thick; d. Approximately 275 square feet of ProDek pour -in -place rubber surfacing, including a 3/8" thick colored surface course; e. A 6 foot wide standard concrete entry walkway extending to Miramar Drive; f. A 24 inch by 36 inch granite donor plaque located adjacent to the entry walkway; g. A 24 inch deep Century root barrier located along the inside perimeter of the vinyl fence, entry walkway, and bender board located along the outside perimeter of the planter hedge; h. Landscaping, artificial turf, and irrigation modification improvements and appurtenances. In addition, if any of the Permitted Improvements actually built or installed during the time of construction vary from the Permitted Improvements approved herein, such variations or changes must be approved in advance by the Public Works, Municipal Operations, and Recreations & Senior Services Departments and shall be shown on the "As Built" plans. 15 of 40 Balboa Peninsula Point Association, a California non - profit IRS 501(c)(4) corporation Nolivloossv !! : j\ ,uj �5 \A�#G§ ;zlm,g, \\\ \\ {\ \!)\] wuulAaR /!q! ; §! !&&&El 8 0 El am, Exhibit �W ®® Sheet of 2 MAINTENANCE /REPAIR REIMBURSEMENT AGREEMENT WITH BALBOA PENINSULA POINT ASSOCIATION FOR THE EAST BALBOA BOULEVARD AT MIRAMAR DRIVE TOT LOT PLAYGROUND THIS MAINTENANCE /REPAIR REIMBURSEMENT AGREEMENT ( "Agreement') is made and entered into as of this day of December, 2012 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and BALBOA PENINSULA POINT ASSOCIATION, a California non - profit IRS 501(c)(4) ( "Association "), whose principal place of business is P.O. Box 826, Newport Beach, CA 92661 -0826 and is made with reference to the following: RECITALS A. City is the owner of certain real property in the City of Newport Beach located on the southeast corner of East Balboa Boulevard and Miramar Drive and legally described as the East Balboa Boulevard and Miramar Drive public rights -of -way of Tract 518, as shown on a map recorded in Book 17, Pages 33 through 36 inclusively of Miscellaneous Maps in the office of the County Recorder of Orange County as depicted in Exhibit 'R" attached hereto and incorporated by reference ('Property'). B. Association desires to construct a tot lot on the Property composed of various improvements as described and depicted on Exhibit "B" attached hereto and incorporated by reference ('Permitted Improvements "). C. City and Association entered into an Encroachment Agreement dated _ December, 2012, to allow Association to construct the Permitted Improvements on the Property. D. City desires to accept ownership of the Permitted Improvements once constructed by the Association. E. The Association desires to reimburse the City for the cost of maintaining and repairing the Permitted Improvements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. The term of this Agreement shall commence on the Effective Date and shall remain in full force and effect until terminated by the mutual written consent of the parties. 2. Association shall construct and install the Permitted Improvements at the Property at its sole expense. The Permitted Improvements shall be constructed and installed according to the same standards used by the City for similar improvements. Attachment C 17 of 40 3. City, through its City Manager, shall accept ownership of the Permitted Improvements once constructed and installed at the Property. The City Manager shall execute the Certificate of Acceptance attached hereto as Exhibit "C and incorporated herein by reference. 4. City shall maintain, repair and operate the Permitted Improvements and shall pay all costs and expenses incurred for routine maintenance /repair. Routine maintenance /repair shall be comprised of those items listed in Exhibit "D" attached hereto and incorporated by reference. 5. Association shall reimburse the City for all non - routine maintenance /repair items associated with the Permitted Improvements. Non - routine maintenance /repair shall be comprised of those items listed in Exhibit "E" attached hereto and incorporated by reference. Any item not explicitly listed in Exhibit "D" shall be classified as non - routine maintenance /repair. 6. Association shall reimburse the City for all costs incurred by the City under Exhibit "E" within thirty (30) calendars days of invoice. 7. Association shall own, install, maintain, and replace the donor plaque at its own expense. 8. Association shall transfer all warranty certificates for Permitted Improvements to the City, upon the City Manager's acceptance of the Permitted Improvements. 9. This Agreement may be amended by the mutual written agreement of the parties. 10. All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Association to City shall be addressed to City at: Attn: Public Works Director City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 All notices, demands, requests or approvals from City to Association shall be addressed to Association at: Attn: Balboa Peninsula Point Association Jeff Dole or Current President PO Box 826 Newport Beach, CA 92661 -0826 BALBOA PENINSULA POINT ASSOCIATION Pageo240 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE narP 12 /Y /iz I Q °rl Aaron . arp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Dave Kiff City Manager ASSOCIATION: Balboa Association, a California 501(c)(4) corporation Jeff Dole President By: Dennis Borowsky Vice President [END OF SIGNATURES] Peninsula Point non - profit IRS BALBOA PENINSULA POINT ASSOCIATION Panto EXHiBIT "A" Property Depiction 20 of 40 v J �l O O] J Q 0] r Li Li 0 0 CL CL v> Exhibit" f'ao EXHIBIT "B" Permitted Improvements It is mutually agreed that Permitted Improvements shall be defined as: 1. A 3 foot, 3 inch high rockblocks climbing tunnel, raptor rock head, and raptor rock tail playground equipment manufactured by Playworld Systems; 2. A 36 inch high fence and a 6 foot wide by 36 inch high double gate constructed of white vinyl material surrounding the tot lot; 3. Approximately 11 cubic yards of "washed plaster" playground sand at 18 inches thick; 4. Approximately 275 square feet of ProDek pour -in -place rubber surfacing, including a 3/8" thick colored surface course; 5. A 6 foot wide standard concrete entry walkway extending to Miramar Drive; 6. A 24 inch by 36 inch granite donor plaque located adjacent to the entry walkway; 7. A 24 inch deep Century root barrier located along the inside perimeter of the vinyl fence, entry walkway, and 'bender board located along the outside perimeter of the planter hedge; 8. Landscaping, artificial turf, and irrigation modification improvements and appurtenances. 9. In addition, if any of the Permitted Improvements actually built or installed during the time of construction vary from the Permitted Improvements approved herein, such variations or changes must be approved in advance by the Public Works, Municipal Operations, and Recreations & Senior Services Departments and shall be shown on the "As Built' plans. 22 of 40 NolivlOossv . \ \ / \ \ | --�e j\( \\ \ \R � CR {: ]1 N :! \ /, § } ! - o:,00 oe; m,eo;, male 5< Certificate of Acceptance 24 of 40 CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in personal property at the southeast corner of East Balboa Boulevard and Miramar Drive in the City of Newport Beach conveyed by the Balboa Peninsula Point Association, as further described in that Maintenance /Repair Reimbursement Agreement between the Balboa Peninsula Point Association and the City of Newport Beach, dated December , 2012, is hereby accepted on , 2013, by the undersigned officer on behalf of the City of Newport Beach pursuant to authority conferred by Resolution No. 92 -82 of the City Council adopted on July 27, 1992. APPROVED AS TO FORM: THE CITY T RNEY'S OFFICE By: I Mr) Aaron C. Harp, r lc IZ -y City Attorney ATTEST: M Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: David Kiff, City Manager 25 of 40 EXHIBIT "D" Routine Maintenance /Repair Items 1. Continued park maintenance, including mowing, weeding, leaf blowing, landscape trimming, etc. per the existing City contract. 2. Quarterly trimming of the hedge around the perimeter of the vinyl fencing. 3. Removal of litter, trash, broken glass, animal feces, and tree debris from the tot lot area 6 days a week. 4. Monthly check -up of the tot lot playground equipment. 5. Maintenance of City street trees in accordance with the City's annual tree trimming schedule. 6. Maintenance of the existing benches. 26 of 40 EXHIBIT "E" Non- Routine Maintenance /Repair Items 1. Renewal, repair, replacement, or restoration of Permitted Improvements. 2. Landscape deterioration in right -of -way due to trampling, excess tree shade, and /or street tree roots. 3. Any street tree root grinding as needed for tot lot surfaces, including the sand play area. 4. Replacement parts to the playground equipment manufactured by Playworld Systems or for the vinyl fence /gate. 5. Grinding or repair to the entry walkway. 6. Replacement cost for ProDek pour -in -place rubber surfacing, root barrier, hedge landscaping, or artificial turf. 7. Addition of playground sand when the sand level is deemed low by the City. 8. Replacement parts, materials, and any contracted labor. 27 of 40 24" BY 36" GRANITE DONOR PLAQUE' DO �1TED TO THE CITY OF NE 1,�P'OF;T �,EACN V1�ITH TH�1P�J1<S TO ARID NEIGHBORS Balboa Peninsula Point Association Community Foundation of Balboa Peninsula Point Kay Mortenson Kelly & R. "Kelly" Kelly Bob Yant Family Ken Drellishak Paul McKelvey MINIM Attachment D 28 of 40 Socheata Chhouk P.O. BOX 826, BALBOA, GALIPORNIA 92669 Associate Engineer, Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Ms. Chhoulc ?i ..... October 18, 2012 This letter is sent to confirm BPPA support of the proposed Tot Lot at the intersection of Miramar Dr. and E. Balboa Blvd. on Balboa Peninsula Point. We believe that it will be a positive addition to the family oriented Peninsula Point community. For the past three years, BPPA has supported development of the Tot Lot with outreach to the conum mity via our newsletter (The.Pointer), neighbor -to- neighbor contacts and a financial contribution. We have supported The Community Foundation of Balboa Peninsula Point (CFBPP) — an independent 501(c)(3) charitable foundation - in their fund - raising efforts and understand that they now have sufficient funds to proceed. CFBPP will fund the project to completion at which time ownership will be transferred to the City of Newport Beach. I trust that this is sufficient to allow you to proceed with the necessary City approvals. F.- !� President Balboa Peninsula Point Association Attachment E 29 of 40 Aw , C�CJiil //¶'.lG /LGZ�/ I��0yi�r��G �IGA�f /• � Tr ISIT Socheata Chhouk Associate Engineer - Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Ms. Chhouk: October 18, 2012 The Community Foundation of Balboa Peninsula Point (CFBPP) is a 501(c)(3) charitable foundation working to improve the quality of life of residents of this area by raising funds to support qualifying projects. One such project is the proposed Tot Lot at the intersection of Miramar Dr. and E. Balboa Blvd. With the support of the local homeowners' association (BPPA) we have raised the funds needed to complete the project and we are ready to proceed. As you know, the plan is to develop the project under an Encroachment Permit and then. to transfer ownership to the City of Newport Beach. We are fortunate to have the services of Paul McKelvey, a local general contractor, who has agreed to manage the project on a pro bono basis in order to minimize costs. Mr. McKelvey has been our liaison with the City on this project and has agreed to continue to serve in that capacity to project completion. CFBPP and our donors are anxious to proceed as soon as possible on this project and hope that you can guide us quicldy through the necessary City approvals. Our equipment vendor is ready and we are prepared to start as soon as we get approval. Thanks for your help. Sincerely, Kenneth S. Drellishak President Community Foundation of Balboa Peninsula Point (CFBPP) 30 of 40 P 0 Rnu n;Y) - RATROA CAT.MnRNTA 92661 - 949 673 -7877 - WWW.CFBPP.ORG L -6 PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY It is the general policy of the City that the public rights -of -way are to be reserved for public use or open space; and that the rights of the public, present and future, are not to be diminished by the installation of private improvements within the public rights -of- way. Categories of private encroachments and improvements are listed below, together with the permit requirement for each category. A. Private encroachments prohibited. 1. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach in excess of 1 foot into the public right -of -way, or exceed 3 feet in height, measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists. 2. Driveway approaches not conforming to Council Policy L -2. 3. Ocean front street end, or Bay front street end improvements not conforming to Council Policy L -8. 4. Ocean front alley end improvements not conforming to Council Policy L -8. 5. Modifications to original design concepts approved by the City. 6. Private signs except as provided for in the Building Code. 7. Lighting. 8. Parkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/ textured concrete or flat stone /brick installed at grade and grouted. 9. Private dwellings and appendages including raised patios and decks, except as provided for in this section and the Building Code. 10. Pay telephones and private mail carriers drop boxes. Attachment F 31 of 40 L-6 B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and General Services Department approval. 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the General Services Department, the approved planting is not being maintained for view and safety clearance, Chapter 10.50, "Public Nuisance Abatement," of the Municipal Code shall be used to remove offending plant material. The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value will be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal." C. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department. 1. Drive approaches conforming to Council Policy Lr2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored /textured concrete or flat stone /brick) installed at grade (subject to General Services Department review for tree well location). 5. CATV and public utility facilities. 6. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less into the public right -of -way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the item to the Council for action. 2 32 of 40 L.6 Mailboxes; when required by the U.S. Postal Service. The front of mailbox shall be aligned in the same vertical plane as the back of the curb. Mailbox base construction length shall not exceed the length of the mailbox, or 24 inches, whichever is less. 8. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. In the commercial areas there shall be at least 4 feet of clear sidewalk width and /or pedestals shall be placed in the parkway outside of walk area. 9. When connecting to or relocating public utilities. D. Private encroachments requiring an Encroachment Permit from the Public Works Department and subject to the execution of an agreement for non - standard improvements. 1. Structural encroachments not otherwise listed which do not exceed 3 feet in height, including, but not limited to fences, walls, and raised planters in public rights -of -way in areas that are more than 8 feet behind the face of curbs on the following streets: a. Santa Ana Avenue from Cliff Drive to Fifteenth Street. 2. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front, Grand Canal, and East Bayfront are as follows: a. Planters that do not exceed 1 foot in height located within 2' -6" of the back of existing sidewalk, planted with ground cover and shrubs not to exceed 2 feet in height measured from sidewalk elevation; b. Fences with a minimum setback of 2' -6" from back of sidewalk. i. For patios constructed at grade elevation to 1' above sidewalk grade elevation, Fences may be 3' high above sidewalk grade in conformance with Building and Planning Code Regulations. ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from 3 33 of 40 L-6 back of sidewalk; not exceed 2' -6" in height above the patio, have at least 40% visibility through them, and not to exceed Tin height above existing public sidewalk grade. C. Patios with a minimum setback of 2-6" from the back of sidewalk. L Raised Patios are permitted provided they have a maximum height of 2' -6" above sidewalk grade, are set back a minimum of 2' -6" from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of T -6" from back of sidewalk. 3. Structural encroachments not otherwise listed which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets: a. Southerly side of West Bay Avenue between 8th Street and 15th Street. If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the application to the City Council for original action. The City Manager is authorized to execute, on behalf of the City, agreements for non- standard improvements which are entered into pursuant to this section or other authorization. E. Private encroachments not requiring a permit: 1. Parkway lawn and ground cover. 2. Parkway sprinkling systems. 3. Use of public streets and projections over public property which are covered by the Uniform Building Code under a valid building permit issued by the City. 4 34 of 40 L-6 F. Application for any permit as required by this policy shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. If the application is for a permit required under Section A, it shall be forwarded to the City Clerk for submission to the City Council. If the application is for a permit under Section B, it shall be processed by the General Services Department. Drawings for encroachment permits requiring City Council review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. No building permit shall be issued on a parcel whose access requires City Council review for an encroachment permit on public property, until said encroachment pernut has been issued. G. Variances from the shut application of this policy shall not be granted unless individual circumstances indicate that approval will be consistent with the public interest. Adopted - August 25,1969 Amended - February 14, ]1972 Amended - August 11, 1975 Amended - February 9,1981 Amended - November 23, 1981 Amended - October 27,1986 Amended - January 26,1987 Amended - July 13,1987 Amended - February 13, 1989 Amended - August 14,1989 Amended - November 27,1989 Amended - December 9,1991 Amended - December 14,1992 Amended - July 12,1993 Amended - January 24, 71994 Amended - May 9,1994 Amended - February 27,1995 Amended - February 26,1996 Amended - May 8, 2001 5 35 of 40 B -17 PARKS FACILITIES, AND RECREATION PROGRAM DONATIONS PURPOSE The City Council recognizes the need to promote community involvement and active participation in quality of life components throughout the community; and the need to establish a fair, equitable, and uniform procedure for which gifts may be donated to the City. This policy establishes criteria for donations to assure area compatibility, attractiveness, usefuhless, and the capability to be maintained. Each donation considered for inclusion in the City park public improvement and street system will be subject to established limitations and guidelines for the particular area. POLICY A. Acceptance of donations of cash or tangible items 1. Based on the value of the donation, appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation. 2. Criteria for evaluation includes consideration of any inunediate or initial expenditure required in order to accept the donation, the potential and extent of the City's obligation to maintain the donation, and the community benefit to be derived from the donation. 3. The cost of a tangible donation shall include a 10% maintenance fee paid for in full by the donor. This maintenance fee is in addition to any other fees or charges. B. Types of Donations Donations may be received in the form of cash, real; or personal property. Restricted donations are those donations that the donor specifies for a particular City location or purpose: Unrestricted donations are those donations that are given to the City for unspecified use. 1. Cash Gifts a. Donation of cash or items valued at below $10,000 may be accepted by the City Manager. However, any donation considered a park 1 36 of 40 B -17 facility improvement that would result in an installation of a permanent fixture in the parks must be in compliance with section B -4 of this policy, Park a)id Street hirprovenient Dortatims. b. Donations of $10,000 and above may be accepted by the Parks, Beaches and Recreation Commission. C. Gifts of funds may be designated for restricted or unrestricted use. d. Gifts of funds accepted by the City imply no other obligation besides using donated funds for the specified purpose. 2. Trees Tree donations add beauty to City parks and facilities. Trees may be donated and installed at parks and parkway locations recommended by the General Services Director and approved by the Parks, Beaches and Recreation Commission. The minimum size of tree donations must be 24" boxed containers unless waived by the Commission. a. Tree donations are limited to specific species and limitations identified in the City Donation Catalog. 3. Benches Bench donations may be donated and installed in different areas of placement including parks, streets, along the beachfront, within villages, commercial districts, neighborhoods, on a specific island, etc. The Parks, Beaches, and Recreation Commission, with the assistance of General Services staff, shall designate the type, style, design, and placement of City-owned benches on City property. a. An inventory of designated benches and available bench locations will be maintained in the City Donation Catalog. b. Donation requests must be submitted to the General Services Department and meet the following requirements: OA 37 of 40 B -17 i. Bench donations along a city street, beachfront or other public right of way will require the approval of the General Services Director. ii. Bench donations within a commercial district will require notification of, and an endorsement from, the local business association, if applicable. iii. Bench donations for parks and facilities within a residential community will require notification of residents and an established homeowners association or common interest development, when applicable, within 300 feet of placement. 4. Park Public Improvement, and Street Amenities Other amenities such as drinking fountains, tables, and other equipment that will improve public places in parks, in and /or around public buildings, streets, walkways, and trails may be donated to the City. a. Other amenities that may be donated will be identified in the City Donation Catalog. b. Donation of public amenities valued at below $10,000 may be accepted by the City Manager. C. Donation of public amenities valued $10,000 and above may be accepted or declined by the Parks, Beaches and Recreation Commission. d. Donations to be installed on public sidewalks shall meet the criteria described in Policy L -15 Encroachments on Public Sidewalks and approved by the Public Works Director and General Services Director. C. Naming Rights Donors may receive naming rights on capital improvement projects for which any donation matches or exceeds 75% of the total budgeted cost for the area benefiting from the donation. All such donations will be submitted to the City 3 38 of 40 B -17 Council for acceptance of the donation and the name to he applied to the project in keeping with City Corurcil Policy B -9 — Na wing of City Parks & Facilities. D. Sponsorships Special Events are recognized as fundraising activities. Where donations or sponsorship of a special event will require some form of recognition, and, in order to provide recreational opportunities, corporate or organizational sponsors may be recognized by use of logos and name on event barmers and signage. Signs and literature at all such special events would be at the discretion of the appropriate Department Director. The size, scale and location of corporate logos and names should not dominate the event facilities or area. Corporate logos and /or names should not be displayed in a manner that would, in any way, suggest the endorsement of the Department or the City. All signs must comply with the City's existing sign code and Council Policies B -3 and B -8. E. Right to Decline The City of Newport Beach reserves the right to decline any donation if, upon review, acceptance of the donation is determined to be not in the best interest of the City. F. Special Privileges Making a donation or co- sponsoring a special event does not entitle a sponsor /donor to any special privileges other than those stated in this policy such as recognition, plaques or displays at events, urdess otherwise agreed upon and approved by the Department Director or the City Council when appropriate. G. Gift Donation Catalog The Recreation & Senior Services Director and General Services Director shall review and present to the Parks, Beaches & Recreation Commission periodically the City Donation Catalog containing ideas for public donations. H. Acknowled eg ments 1. Letter of acceptance of donation will be sent to donor. E 39 of 40 B -17 2. In some cases, recognition of donations may be given at Commission or Council Meetings. 3. Plaques are reserved for donations meeting the following criteria: a. Donors providing donations valued at $1,000 to less than $3,999 $4,000 may elect to provide a dedicatory plaque not exceeding 2" x 6" with a name designated by the donor preceded by one of the following: "Donated by ", "Donated for ", " h recognition of ", or "In Memory of ". b. Donors providing donations valued at $4,000 or greater may elect to provide a dedicatory plaque not exceeding 5 "x7" with name, date and dedication wording not exceeding 25 words. Plaque content must be approved by the Parks, Beaches & Recreation Commission. C. Donors providing donations valued at least $1,000 that recognize individuals or organizations that have provided distinguished long term and /or significant service to the City may include a dedicatory plaque not exceeding 5 "x7" with name, date and dedication wording not exceeding 25 words. Individuals can include City employees with 25 or more years of distinguished service, as determined by the PB &R Conmiission. d. Plaques are at the expense of the donor, the City will assume ownership and maintenance of the donated item and plaque however, the City does not assume replacement costs due to vandalism or theft. Plaques will remain on a donated item during its useful life. The City reserves the right to remove and /or relocate the donated item. e. Plaque information will be entered on the Gift Donation Catalog application form and ordered by the City. Adopted - May 9, 2006 Amended - February 24, 2009 Amended - June 26, 2012 Formerly G -5 5 40 of 40 ��WPORT CITY OF i S =# NEWPORT BEACH' °9oaN'P City Council Staff Report Agenda Item No. 2 December 11, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Scott Poster, Fire Chief 949 - 644 -3101, SPostercDnbfd.net PREPARED BY: Noreen Swiontek, Administrative Analyst APPROVED: A �� TITLE: Ambulance Transport Cot Replacement Purchase The current ambulance hospital transport cots were purchased in fiscal year 2005 and are beyond their useful life expectancy. New models have been trial tested by department staff and the two primary vendors have submitted price proposals. The Emergency Medical Service Committee has recommended the Stryker Power -Pro XT Model 6506 for the design benefits as well as the most cost effective pricing. Funding is available through the Paramedic Reserve Fund. RECOMMENDATION: City Council approve the purchase of three Stryker Power -Pro XT Model 6506 battery powered ambulance transport cots for use in Paramedic ambulances for an amount not to exceed $42,192.39. Authorize Budget Amendment 13BA -024 to transfer $42,192.39 from the General Fund Paramedic Reserve account 010 -3732 to Fire EMS account 2340 -9300 to fund the purchase. Per Council Reserve Policy F2, the excess revenues collected from the Paramedic Program are to be used for paramedic related purposes as directed by the City Council. FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $ 42,192.39 in increased expenditure appropriations from General Fund Paramedic Program Reserve Fund account 010- 3732 unappropriated fund balance to be transferred for ambulance transport cot purchase expenditure from the EMS account in the Fire Department, 2340 -9300. Ambulance Transport Cot Replacement Purchase December 11, 2012 Page 2 DISCUSSION: The current ambulance transport cots were purchased in August 2005 and are at their seven year life expectancy. Many technical improvements have been made during this period that continues to enhance operation of the equipment, patient safety, as well as minimize injury risk to our Firefighter Paramedics when transporting patients to the hospital. Our personnel had the opportunity to conduct field trials of the battery powered cots currently on the market from two of the primary ambulance cot manufacturers — Stryker EMS Corporation and Ferno Gurney. In a side by side comparison of the two cots, our personnel favored the Stryker Power -Pro XT Model 6506 for the ergonomic advantages and because it affords the least amount of stress to the lower back during loading and unloading. The trials included the loading and unloading of fully weighted ambulance cots onto one of the department's paramedic ambulances. The new cots will be utilized on the three first line paramedic ambulances. Since Stryker Corporation is the same manufacturer of our current ambulance cots, considerable cost savings have been offered through a $1,400.00 trade -in credit for our older models and an additional twenty percent discount as a valued customer. These discount offerings equate to an overall total cost savings of over $14,000.00 for this purchase. Stryker EMS will also extend this limited time special price offering for additional purchases in ninety days from this order placement. The Stryker cots are also covered by a full -two year parts and labor warranty eliminating the need for a maintenance service plan purchase during this period. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (" CEQX) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Ambulance Transport Cot Replacement Purchase December 11, 2012 Page 3 Submitted by: Attachments. A. Stryker EMS Price Quote B. Stryker EMS Warranty G. Budget Amendment ATTACHMENT A STRYKER EMS EQUIPMENT 3800 E. Centre Ave. Portage, MI 49002 800 - 669 -4968 NEWPORT BEACH FIRE DEPARTMENT SPECIAL TRADE -1N PROMOTION PRICING - 3+ Units j $1400 List Price Reduction` far 2qL0k,yqa r,P�Ower PRO Trade -in STANDARD. UNIT INCLUDES: Load Height up to 36" 700 lb. weight cap. Scientifically- optimized lift bar and control design Battery Powered hydraulic lift system Pull handle X -frame guards 2: UeWall batteries and Charger are available Automatic in -cot fastener shut off bracket Light- weight, rugged aluminum construction Manual Back -up syslem High visibility powder- coated frame Settable load height with jog function Lift- assistlinfinite position pneumatic fowler One -.hand retracting head section with lift bar 6" sealed bearing casters with 2" tire width Infinite position height range between 14 "- 41:5" Single adjustable wheel lock. shock position Preventative maintenance hour meter One -hand release fold -down siderails Battery power indicator Integrated bumper syslem Color -coded controls Smooth perforated aluminum litter surface Power washable G -rated mattress and restraints 2 lap bells and a four -point shoulder restraint Warranty: 1 Year soft goods, 2 Years bumper to bumper, 3 Years X -frame 8. limited Powertrain and 7 years welds. all for non -abuse (See Manual for full warranty details) 3 Head End Storage Flat 6500 - 128 - 000 NUMBER LEST PRICE PRICE /EA QTTY PRICE EW UNIT PURCHASE PRICE 6506 $13.220.00 $10,576.00 3 $31,728.01 Dual Adjustable Wheel Lock 6086 -502 -010 STD STD 3 ST SMRT Power System (2 Bat.. 120 V In -Veh Charger, ( 6500- 028 -000 STD STD 3 ST Head End Storage Flat 6500 - 128 - 000 $135.00 $108.00 3 $324,00 Pocketed Back Rest Storage Pouch 6500- 130 -000 $254.00 $203.20 3 $609.60 Equipment Hook 6500- 147 -000 $49.00 $39.20 3 $117.60 3 -Stage IV Pale (patient right) 6500 -215 -000 $325.00 $260.00 3 $780.00 Base Storage Net 6500 - 160 -000 $183.00 $146,40 3 $439.20 Fowler 02 Bottle Holder 6500 -141 -000 $246.00 $196.80 3 $590.40 SMRT Charger Mounting Bracket 6500- 034 - 000 $32.00 $25.60 3 $76.80 Steer -Lock 6506 -036 -000 $725.00 $580.00 3 $1,740.00 Knee Gatch Trendelenberg 6500 -082 -000 $760.00 $608.00 3 $1,824.00 Power Load Cbt Compatibility' Select or not 6506 -027 -000 `}1,602.00 $1,281.60 0 $0.00 Subtotal $38,229.60 Chan le uantitv in vellow cell, total recalculates 'Power -Load Comna0bflity Option is required for Power Load Iiftina 'Installation is done at factory if ordered with a new cot PREMIUMSERVICE PLAN (Optional) Selector not 7777 -103 -002 53,515.40 1 0 50.00 7 -Year Premium (Old Gold Plan) Service Plan Subtotall 50.00 Includes 2 PMs, all parts labor and travel for non -abuse Or: COMPLETE SERVICE PLAN (Optional Selector not 7777 -103 -002 52,485.80 0 50.-0 7 -Year Complete (Old Silver Plan) Service Plan SUbtotall 50.00 Includes 1 PM, all parts labor and travel for non - abuse Subtotal 538,229.60 Tax at 7.75% 52.962.79 TERINI: Net 30 Days Total 541 192.39 DELIVERY: 4 -5 Weeks or as requested GROUND. FREIGHT IS INCLUDED QUOTE VALID THROUGH 12 -27 -12 FOR ADDITIONAL INFORMATION PLEASE CONTACT: Dave Mason Voice Mail: (600) 669 -4968 ext. 8779 or Home Office: (949) 388 -7591 TO PLACE AN ORDER: Please fax your Purchase Order to Dave Mason at (949) 388 -7592 ►0IIL'[1I: TAF010 V Warranty Stryker EIv1S, a division of the Stryker Corporation, offers one warranty option in the United States: Two (2) year parts and labor. Stryker EMS warrants to the original purchaser that its products should be free from manufacturing non - conformances that affect product performance and customer satisfaction for a period of two (2) years after date of delivery. Stryker's obligation under this warranty is expressly limited to supplying replacement parts and labor for, or replacing, at its option, any product that is, in the sole discretion of Stryker, found to be defective. Expendable components, i.e. mattresses, restraints, IV poles, storage nets, storage pouches, 02 straps, and other soft goods, have a one (1) year limited warranty. Under this warranty, Stryker EMS warrants to the original purchaser that welds on its products will be free from structural non- conformances that affect product performance for the full service life of the product. Original purchasers will also obtain a three (3) year limited parts warranty for the X -frame components of the Power -PRO cot and a three (3) year limited power train warranty covering the motor pump assembly and hydraulic cylinder assembly. Stryker's obligation under this three (3) year limited warranty is expressly limited to supplying replacement parts and labor for, or replacing, at its option, any part that is, in the sole discretion of Stryker, found to be defective. If Stryker requests, products or parts for which an original purchaser makes a warranty claim, the purchaser shall return the product or part prepaid freight to Stryker's factory. Any improper use or alteration or repair by unauthorized service providers in such a manner as in Stryker's judgment affects the product materially and adversely; shall void this warranty. Any repair of Stryker products using parts not provided or authorized by Stryker shall void this warranty. No employee or representative of Stryker is authorized to change this warranty in any way. This statement constitutes Stryker EMS's entire warranty with respect to the aforesaid equipment. STRYKER MAKES NO OTHER WARRANTY OR REPRESENTATION EITHER EXPRESSED OR IMPLIED, EXCEPT AS SET FORTH HERIN. THERE IS NO WARRANTY OF MERCHANTABILITY AND THERE ARE NO WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL STRYKER BE LIABLE HEREUNDER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN ANY MANNER RELATED TO SALES OR USE OF ANY SUCH EQUIPMENT. Warranty F Stryker EMS Return Policy Cots, Stair Chairs, Evacuation Chairs, Cot Fasteners and Aftermarket Accessories may be returned up to 180 days of receipt if they meet the following guidelines: Prior to 30 Days _ 30 day money back guarantee in effect _ Stryker EMS is responsible for all charges -Returns will not be approved on modified items Prior to 90 Days _ Product must be unused, undamaged and in the original packaging _ Customer is responsible for a 10% restocking fee Prior to 18D Days _ Product must be unused, undamaged and in the original packaging _ Customer is responsible for a 25% restocking fee Return Authorization: Merchandise cannot be returned without approval from the Stryker Customer Service Department, An authorization number will be provided which must be printed on the returned merchandise. Stryker reserves the right to charge shipping and restocking fees on returned items. SPECIAL, MODIFIED, OR DISCONTINUED ITEMS NOT SUBJECT TO RETURN. Damaged Merchandise: ICC Regulations require that claims for damaged merchandise must be made with the carrier within fifteen (15) days of receipt of merchandise. DO NOT ACCEPT DAMAGED SHIPMENTS UNLESS SUCH DAMAGE IS NOTED ON THE DELIVERY RECEIPT AT THE TIME OF RECEIPT. Upon prompt notification, Stryker will file a freight claim with the appropriate carrier for damages incurred. Claim will be limited in amount to the actual replacement cost. In the event that this information is not received by Stryker within the fifteen (15) day period following the delivery of the merchandise, or the damage was not noted on the delivery receipt at the time of receipt, the customer will be responsible for payment of the original invoice in full. Claims for any short shipment must be made within thirty (30) days of invoice. International Warranty Clause: This warranty reflects U.S. domestic policy. Warranty outside the U.S. may vary by country. Please contact your local Stryker Medical representative for additional information. Patent Information products are manufactured under the following patents: United States 5,575,026 6,276,010 6,648,343 6,908,133 5,537,700 6,125,485 6,735,794 Other Patents Pending CITY OF °� mz NEWPORT BEACH C9C /Fp0.N`P City Council Staff Report Agenda Item No. 3 December 11, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandtCcDnewr)ortbeachca.gov PREPARED BY: Rosalinh Ung, Associate Planner APPROVED: O. �Q TITLE: Uptown Newport Project — Notice of Intent to Override the Airport Land Use Commission's Determination of Inconsistency 4311 -4321 Jamboree Road ABSTRACT: Pursuant to California Public Utilities Code Section 21676.b, on a two- thirds vote, the City Council may adopt a resolution that provides notification of their intent to overrule the Orange County Airport Land Use Commission's (ALUC) determination that the Uptown Newport project is inconsistent with the John Wayne Airport Environs Land Use Plan (AELUP). RECOMMENDATION: 1) Conduct a public hearing; and 2) Adopt Resolution No2012 -121 (Attachment No. CC 1) notifying the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's intention to override the Airport Land Use Commission's determination that the proposed Uptown Newport project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan and finding the adopting of this Resolution is not subject to California Environmental Quality Act (CEQA) FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 14 Uptown Newport — ALUC December 11, 2012 Page 2 DISCUSSION: The Shopoff Management, Inc., the applicant and property owner of Uptown Newport project, proposes a zoning code amendment in order to accommodate the development of a mixed -use residential project consisting of 1,244 residential units, 11,500 square feet of neighborhood - serving retail space, and approximately two acres of park space on the 25.05 -acre site formerly known as the "Conexant" property. The current zoning designation of the project site is Industrial Site 1 of the Koll Center Planned Community (PC -15). Permitted uses in the Industrial Site 1 designation include light industrial and office and commercial related uses. The applicant is proposing to remove the subject property from the PC -15 zoning designation by adopting a separate Planned Community Development Plan (PCDP) to accommodate the proposed mixed - use residential development. The proposed Uptown Newport PCDP would be the zoning document for the project where land use and development standards would be specified. Because of the proposed zoning code amendment, the City is required to refer the project to ALUC for consistency determination with the John Wayne AELUP, in accordance with Public Utilities Code Section 21676.b. The project site has a General Plan designation of Mixed -Use Horizontal -2 (MU -112), which provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The MU -112 designation applies to the majority of properties in the Airport Area. ALUC has determined that this MU -112 designated area was consistent with the AELUP as a part of the City's General Plan Update in 2006. The Uptown Newport project is consistent with this General Plan Land Use designation as it would provide a mix of residential and neighborhood- serving uses and park and open space to the City's Airport Area. On October 18, 2012, the ALUC found the proposed project to be inconsistent with the AELUP on a 4 -1 -1 vote. During the meeting, ALUC expressed their concerns with the proximity of the residential towers to the airport and based their decision on Section 2.1.3 of the John Wayne AELUP, which states "the ALUC may utilize criteria for protection aircraft traffic patterns at individual airports which may differ from those contained in FAR Part 77, should evidence of health, welfare or air safety surface sufficient to justify such an action." As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC's decision by following the procedure established in Public Utilities Code Sections 21676 and 21676.5. This two -step procedure requires the City Council to conduct two separate noticed public meetings. The initial step is to notify ALUC and State Division of Aeronautics of the City's intention to override the 2 Uptown Newport — ALUC December 11, 2012 Page 3 ALUC's determination by adopting a resolution of intent at least 45 days in advance of the overruling. In turn, ALUC may provide comments to the City Council within 30 days of receiving the resolution of intention. If ALUC's comments are not available within this time limit, the City Council may act without them. The comments by ALUC are advisory to the City Council. However, should comments be received, the City Council must include comments from ALUC in the public record of any final decision to overrule ALUC. The second meeting is to make specific findings that the proposed overruling is consistent with the purposes stated in Public Utilities Code Section 21670. The Council's adoption of the notification resolution does not constitute the project's approval nor does it predispose the City's future action on the project. The Planning Commission is scheduled to conduct a public hearing to consider the application on December 6, 2012. In the event that the Planning Commission does not conclude their deliberation and finalize their recommendations to the City Council, this matter will be continued on the City Council calendar to a future date. Should the City Council desire to proceed with the overruling of the ALUC's decision, a draft resolution of intent with specific findings has been prepared for consideration. The project, as proposed, is consistent with the noise, safety, and height standards of the AELUP. Overriding the ALUC decision does not affect the City's status as a consistent agency. The City will not lose its consistency status by completing the override process. Please note that the override process will result in the airport operator's immunity from liability once a public agency overrides a determination of inconsistency. However, the City will not bear any liability from completing the overrule process. ENVIRONMENTAL REVIEW: The City Council finds that the adoption of this Resolution is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly. Public notice of the meeting has been provided in the following manner: 1) mailing to property owners within 300 feet of the property and to project interest groups; 2) posting of the site; and 3) noticing through the City's Select Alert system. The mailing, posting of the site, and notification occurred at a minimum 10 days in advance of the City Council 3 Uptown Newport — ALUC December 11, 2012 Page 4 meeting. In addition the agenda for this meeting was posted at City Hall and on the City's website (72 hours in advance of the meeting). Submitted by: , Deputy Director Attachments: CC1 Draft Resolution of Intent Fil Attachment No. M Draft Resolution of Intent J 0 RESOLUTION NO. # # ## A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION AND THE STATE DIVISION OF AERONAUTICS OF THE CITY'S INTENTION TO FIND THAT THE UPTOWN NEWPORT PROJECT IS CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTIC ACT AND TO OVERRIDE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE PROPOSED UPTOWN NEWPORT PROJECT IS INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN (PA2011 -134) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Uptown Newport LP ( "Uptown Newport" or "Applicant ") with respect to a 25.05 -acre property generally located on the west side of Jamboree Road between Birch Street and the intersection of Von Karman Avenue and MacArthur Boulevard, legally described on Exhibit A, which is attached hereto and incorporated herein by reference, (the "Property ") requesting approval for the development of up to 1,244 residential dwelling units, 11,500 square feet of retail commercial uses and 2 acres of parklands (the "Project "). The following approvals are requested or required in order to implement the project as proposed: a. Planned Community Development Plan Amendment No. PD2011 -003. An amendment to Planned Community Development Plan #15 (Koll Center Planned Community) to remove the subject property from the Koll Center Planned Community, pursuant to Chapter 20.66 (Amendments) of the Municipal Code. b. Planned Community Development Plan Adoption No. PC2012 -001. A Planned Community Development Plan adoption to establish the allowable land uses, general development regulations, and implementation and administrative procedures, which would serve as the zoning document for the construction of up to 1,244 residential units, 11,500 square feet of retail commercial, and 2.05 acres of park space to be built in two separate phases on a 25.05 -acre site, pursuant to Chapter 20.56 of the Municipal Code. 7 Council Resolution No. # # ## Page 2 C. Tentative Tract Map No. NT2012 -002. A tentative tract map to establish lots for residential development purposes pursuant to Title 19 of the Municipal Code. d. Traffic Study No. TS2012 -005. A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the Municipal Code. e. Affordable Housing Implementation Plan No. AH2012 -001. A program specifying how the proposed project would meet the City's affordable housing requirements, pursuant to Chapter 19.53 (Inclusionary Housing) and Chapter 20.32 (Density Bonus) of the Municipal Code. f. Development Agreement No. DA2012 -003. A Development Agreement between the applicant and the City of Newport Beach describing development rights and public benefits, pursuant to Section 15.45.020.A.2.a of the Municipal Code and General Plan Land Use Policy LU6.15.12. g. Environmental Impact Report No. ER2012 -001 (SCH #2010051094). An environmental impact report (EIR) to evaluate the environmental impacts resulting from the proposed project, in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). 2. The Property's General Plan designation is Mixed -Use District Horizontal -2 (MU -H2), and the Property is located within the Airport Business Area, for which the Airport Business Area Integrated Conceptual Development Plan ( "ICDP ") has been implemented. The ICDP allocates a maximum of 1,244 residential units and up to 11,500 square feet of retail to be developed on the Property. 3. The Property is currently located within the Koll Center Newport Planned Community (PC -15) and is designated as Industrial Site 1. The applicant is proposing to remove the subject property from the PC -15 zoning designation by adopting a separate Planned Community Development Plan (PCDP) to accommodate the proposed mixed -use residential development. The proposed Uptown Newport PCDP would be the zoning document for the project where land use and development standards would be specified. 4. Public Utilities Code Section 21676.b requires the City of Newport Beach to refer the proposed project to the Orange County Airport Land Use Commission (ALUC) for consistency with the 2008 John Wayne Airport Environs Land Use Plan (AELUP). F Council Resolution No. # # ## Page 3 5. At a duly- noticed public hearing on October 18, 2012, the ALUC found the proposed project to be inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (AELUP) on a 4 -1 -1 vote. 6. Pursuant to Public Utilities Code Sections 21670 and 21676, the City of Newport Beach may, after a public hearing, propose to overrule the ALUC with a two- thirds vote of the City Council, if the City of Newport Beach makes specific findings that the proposed project is consistent with the purposes of Public Utilities Code Section 21670. 7. A public hearing was held on December 11, 2012 in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The City Council finds that this Resolution is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly. 2. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the notification of the City's intent to overrule the ALUC determination; and it does not authorize the development of the Property or commit the City to approve the Project. The applicable Project will be independently reviewed and evaluated pursuant to CEQA. SECTION 3. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby resolve as follows: The City Council directs staff to forward a letter to the Airport Land Use Commission and Caltrans Department of Transportation, Division of Aeronautics, indicating the City of Newport Beach's intent to find the Uptown Newport project consistent with the purposes of the State Aeronautic Act and to override any determination of the Airport Land Use Commission that the proposed Uptown Newport project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. The letter shall include the proposed findings in I Council Resolution No. # # ## Page 4 support of the City's intended action as shown in Exhibit "A ", which is attached hereto and incorporated by reference. 2. This resolution shall take effect immediately upon adoption. 3. This resolution was approved, passed and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 11th day of December, 2012, by the following vote, to wit: AYES, COUNCIL MEMB NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS 1NA /_\'Blf ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM, OFFICE OF CITY ATTORNEY: Aaron Harp, City Attorney for the City of Newport Beach WINN Council Resolution No. # # ## Page 5 EXHIBIT "A" FINDINGS A. It is in the public interest to (1) provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to (2) promote the overall goals and objectives of the California airport noise standards adopted pursuant to Public Utilities Code Section 21669 and to (3) prevent the creation of new noise and safety problems. 1. To provide for the orderly development of John Wayne Airport (JWA) and the area surrounding the airport, the Airport Land Use Commission (ALUC) adopted the 2008 Airport Environs Land Use Plan (AELUP) on April 17, 2008. The AELUP guides development proposals to provide for orderly development of the airport and the area surrounding the airport through implementation of the standards in Section 2.1 (aircraft noise, safety compatibility zones, building height restrictions). 2. The ALUC staff report dated October 18, 2012, states that based on staffs review of the proposed Project with respect to compliance with the AELUP, including review of appropriate height restrictions, imaginary surfaces, safety zones and environmental compliance, the proposed Project may be found consistent with the AELUP. 3. The Project is consistent with the AELUP for the followings: a. The residential and commercial land uses under the proposed project are consistent with the noise standards of the AELUP. AELUP Section 2.1.1 sets forth the Community Noise Equivalent Level (CNEL) standards. A small portion of the Project on the eastern boundary fronting Jamboree Road is located within the 60 dB CNEL noise contour for JWA, with the remainder falling within the 55 dB CNEL contour. AELUP Section 3.2.4 defines the noise exposure to be "Moderate Noise Impact' in the 60 -65 dBA CNEL noise contour, which is Noise Impact Zone 2. Per the AELUP, noise impact in this area is sufficient to require sound attenuation. As outlined in the AELUP, the residential use interior sound attenuation requirement in this noise impact zone is required to be a CNEL value not exceeding an interior level of 45 dBA. The small portion of the Property that falls within the 60 dBA CNEL triggering an interior level of 45 dBA would not include residential units. This area would be developed with a landscaped parkway and sidewalk. Future project - related residential units that would fall within Noise Impact Zone 2 would be conditioned to achieve compliance with the 45 dBA CNEL interior noise standard. In Mil Council Resolution No. # # ## Page 6 addition, the City's General Plan Noise Element requires that residential development in the Airport Area be located outside of the 65 dBA CNEL noise contour (Policies LU 6.15.3 and N 3.2), and requires residential developers to notify prospective purchasers or tenants of aircraft overflight and noise (Policy N 3.2). The proposed project would be developed in accordance with these General Plan policies. The AELUP also identifies land uses that are "normally consistent" and "conditionally consistent" in each noise impact zone delineated by the CNEL noise contour. AELUP Section 3 Table 1 (Limitations on Land Use Due to Noise) identifies the 60 dB CNEL contour for residential and commercial uses as "normally consistent" requiring "no special noise reduction requirements." b. The residential and commercial land uses under the proposed project are consistent with the safety standards of the AELUP. AELUP Section 2.1.2 sets forth Safety Compatibility Zones to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air safety and reduce potential safety hazards for persons living, working, or recreating near JWA. The project site is within Safety Zone 6: Traffic Pattern Zone of JWA. Risk factors associated with Safety Zone 6 generally include a low likelihood of accident occurrence. Allowed uses in this safety zone include residential and most nonresidential uses, with the exception of outdoor stadiums and similar uses with very high intensities. Uses that should be avoided include children's schools, large day -care centers, hospitals, and nursing homes. The residential and commercial land uses of the proposed project would be consistent with those outlined in Safety Zone 6 and its applicable land use restrictions. C. The residential and commercial land uses under the proposed project are consistent with the height standards of the AELUP. AELUP Section 2.1.2 sets forth building height restrictions. This Section provides that ALUC consider only one standard, Title 14 CFR Part 77. AELUP Section 2.1.2 provides that these regulations "are the only definitive standard available and the standard most generally used." AELUP Section 2.1.3 indicates that ALUC recognizes the Federal Aviation Administration (FAA) as the single "Authority" for analyzing project impact on airport or aeronautical operations, or navigational -aid siting, including interference with navigational -aids or published flight paths and 12 Council Resolution No. # # ## Page 7 procedures. The AELUP also indicates that the Commission considers the FAA as the "Authority" for reporting results of such studies and project analyses. FAA conducted an aeronautical study for the proposed project consistent with FAA Part 77 Regulations. The FAA issued a No Hazard Determination finding that the structures would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace. The FAA reviewed the following heights: 59 feet site elevation (SE); 150 feet above ground level (AGL); and 206 feet above mean sea level (AMSL). Three of the eleven points that represent the building heights were identified as obstacles under the obstruction standards of Title 14 CFR Part 77, Section 77.19(a) (which is 206 feet AMSL) by between 1 to 3 feet. In response to the FAA's aeronautical study and determination and to ensure that the proposed project's building heights would be within the limits established by the Orange County Board of Supervisors for JWA, the proposed project's PCDP was amended to limit building heights and any appurtenances to no greater than the 203.68 feet AMSL established for JWA. Therefore, the heights of the residential towers of the proposed project would not exceed the maximum permitted and adopted building height. Additionally, the Planned Community Development Plan proposed for the project specifies that all development must be constructed in conformance with FAA Part 77 height restrictions, the Division of Aeronautics, and height restrictions in the AELUP. 2. The City is requiring the proposed project to meet the City's noise standards of 45 dB CNEL for the interior of residential uses, which is consistent with the standards established to promote the overall goals and objectives of the California airport noise standards. The City is also proposing a condition to demonstrate compliance with noise standards prior to each building permit. Through implementation of the City's noise standards and project conditions, the proposed project meets the AELUP standards for California airport noise. 3. The standards set forth in AELUP Section 2 and 3 were adopted to prevent the creation of new noise and safety problems. As set forth above, the proposed project complies with the noise criteria, safety standards and height requirements established in Section 2 and 3. B. It is the purpose of Article 3.5 of the State Aeronautics Act to protect the public health, safety, and welfare (1) by ensuring the orderly expansion of airports and (2) the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. i3 Council Resolution No. # # ## Page 8 1. To protect the public health, safety and welfare by ensuring orderly expansion of airports, the ALUC adopted the 2008 AELUP. The AELUP standards guide development proposals to provide for the orderly development of the airport and the area surrounding the airport through implementation of the standards in AELUP Sections 2 and 3. As set forth above, the proposed project is consistent with the AELUP noise, safety standards and building heights. 2. To protect the public health, safety and welfare the ALUC adopted the 2008 AELUP to outline land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent these are not already devoted to incompatible use. The AELUP provides land use policies in AELUP Section 3 that govern noise, safety and height. As set forth above, the proposed project is consistent with AELUP noise, safety standards and building heights. C. AELUP Section 2.1.3 permits ALUC to utilize criteria for protecting aircraft traffic patterns at individual airports which may differ from those contained in FAR Part 77 should evidence of health, welfare, or air safety surface sufficient to justify such an action. The Council considered the FAA No Hazards Determination, proposed relevant project conditions and AELUP standards and finds the proposed project does not present a health, welfare or air safety problem to warrant an inconsistency finding. The City Council finds the ALUC's belief that the proposed project was inconsistent is not based on substantial evidence that was introduced, commented on, or identified in support of the incompatibility finding. D. The 2006 General Plan provided the following goal: "re -use of underperforming industrial and office properties and development of cohesive residential neighborhoods in proximity to jobs and services in the John Wayne Airport Area." (LU Policy 3.3) The General Plan also designated properties located in the Airport Area for intermixing of uses that include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms and ancillary commercial uses. A maximum of 2,200 residential units were allocated for the Airport Area. In response to comments submitted by ALUC during the General Plan review, the City included policies regarding building height on November 7, 2006, ALUC found the 2006 General Plan consistent with the AELUP. The proposed Project is intended to implement the 2006 General Plan. E. The Newport Beach General Plan Noise Element additionally specifies that residential development in the Airport Area be outside of the 65 dBA CNEL noise contour and requires residential developers to notify purchasers or tenants of aircraft overflight and noise. The proposed project is outside the 65 _4 Council Resolution No. # # ## Page 9 dBA and prospective purchasers and tenants will be notified. The proposed project is consistent with these policies. 15 Agenda Item No. 4 December 11, 2012 N *If] 4j I NI 0110 1911K11 PAS fk *a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 6, 2012, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Newport Beach, California, on Tuesday, November 6, 2012, as required by law; WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Attachment A ", which is attached hereto and incorporated by this reference. NOW, THEREFORE, the City Council of the City of Newport Beach does resolve as follows: SECTION 1. That the whole number of ballots cast in the precincts except vote - by -mail ballots and provisional ballots was 21,541. That the whole number of early voting ballots and vote -by -mail ballots cast in the City was 25,738, making a total of 47,279 ballots cast in the City. SECTION 2. That the name of the person voted for at the election for Member of the City Council - District Two is as follows: Anthony L. Petros That the name of the person voted for at the election for Member of the City Council - District Five is as follows: Edward D. Selich That the name of the person voted for at the election for Member of the City Council - District Seven is as follows: Keith D. Curry That the measure voted upon at the election is as follows: Measure EE (Various Charter Amendments) SECTION 3. That the number of votes given at each precinct and the number of votes given in the City for and against Measure EE and to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit "A" attached. SECTION 4. The City Council does declare and determine that: Anthony L. Petros was elected as Member of the City Council - District Two for the full term of four (4) years; Edward D. Selich was elected as Member of the City Council - District Five for the full term of four (4) years; and Keith D. Curry was elected as Member of the City Council - District Seven for the full term of four (4) years. That as a result of the election, a majority of the voters voting for Measure EE voted in favor of it and that Measure EE was carried and shall be deemed adopted and ratified and shall take effect once filed with the Secretary of State. SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election, showing: (1) The whole number of ballots cast in the City; (2) the names of the persons voted for and the measures voted upon; (3) for what office each person was voted for; (4) the total number of votes given at each precinct to each person and Measure EE; and (5) the total number of votes given in the City to each person and Measure EE. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the Mayor and City Clerk shall certify, attest and authenticate Measure EE and file a copy with: (1) the City's archive; (2) the County Recorder; and (3) the Secretary of State. Pursuant to California Government Code Section 34460 each copy filed with the City's archive and the County Recorder shall be accompanied with the following: (a) Certified copies of all publications and notices required of the City by the Government Code or by the laws of this state in connection with the calling of an election to consider Measure EE. (b) Certified copies of any arguments for or against Measure EE which were mailed to voters pursuant to Sections 9281 and 13303 of the Elections Code. (c) A certified abstract of the vote at the election at which Measure EE was approved by the voters. SECTION 8. That 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 11th day of December 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk Attachment: Certificate of Result of the Canvass of the General Election Returns 3 Attachment A CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) I, Neal Kelley, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote of the election listed below, consolidated with the General Election held on November 6, 2012. NEWPORT BEACH MEMBER OF THE CITY COUNCIL DISTRICT 2 ANTHONY PETROS 30,506 DISTRICT 5 EDWARD D. SELICH 29,760 DISTRICT 7 KEITH D. CURRY 30,255 MEASURE EE YES 23,046 NO 17,532 EARLY VOTING BALLOTS CAST: 142 PRECINCT BALLOTS CAST: 21,541 VOTE -BY -MAIL BALLOTS CAST: 25,596 TOTAL BALLOTS CAST: 47,279 I hereby certify that the number of votes cast for each candidate and measure is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 21St day of November, 2012. NEAL KELL Registrar oters fl Orange County Statement of Votes Page 831 of 1851 CITY OF NEWPORT BEACH Member,City Council,District 2 u_ c p = ` U in W � m ttl VI r U K J 0 w 0 a a E Z G d rC V N J 0 d Z Q .L -O E r E a a m r U N Q 0053052 - - 6 552 61.95% 0053055 - 50 39 78.00 / 21 0053056 7 { / 0053059 662 603 91.09% 375 0053062 757 596 78.73% 381 0053064 1118 _ -- 849 75.94% 533 6053066 814 ";,�'y930 X4.20/" ",.I ' 37F � " #, ", 1 ' 0053067 5 , 3 60.00% ¢• 5.�" -' a'". - - 0053068 _ 6P8 '9 482 70A6 /> __ 1 - 318 0053069 463 385 83.15% 259 0053073 1050 516 49.14% 330 0053074 1058 793 74.95% 514 0053075 768 . =�. 6'S 81.3d'!c % '. 71 38J - - -x f 0053076. 82g A62 55.73`r , • 285 _t, Y 4 ` 0053079.. 820 ;4 704 85:85 "% o ..a - 496 .y1..' 0053086 745 605 81.21% 375 0053081 1073 779 72.60% 464 0053082 847 - _- 673 79.46% 417 0053083 99.. - _ 549 OV3084 886 ' • 683 •^ 77.61% 462 , i • a+ ., i _ ,, t�. 0053085 _ _ _ _ 936 +.,4_689 0053086 855 632 73.92% 409 0053091 748 626 83.69% 414 0053093 774 83.85% 422 1/ - - _649 67° 81.48% x`63 - - -- " 450 0053097 05309% 719 p" 45 0U% . 279 0053098 :. _ 748 _1 514 #4.68.7_2% _ _ .- ?'^ ,„. E '306 1 •'' . 0053099 667 546 81.86% _ 362 0053100 909 523 57.54% 310 0053101 1217 523 42.97% 364 0053102 455 t= -367 "T' 8O.6E % 244 0053140 U 0;.0:00 °io t UU53141 1 611, 502 3 82.16% 336. _ q ,'p 0053142 828 628 75.85% 415 - - -- - - -- 0053143 787 617 78.40% 387 0053144 760 568 74.74% 363 0053145 0053146 630 1094 ,t ; 436 'r 849 Q8.25% 7 7.6 1 :r - 1 -- 264 3 ,- " r '& 373 00;,3147 770 ei 75.97 "i -- - 0053148 896 _5k5 642 71.65% -- - -_ - - - -- - - 448 _ -- -- 0053149 662 537 81.12% 369 0053305 901 729 80.91% 501 0053309 558 466 62.44% _ c a,' 312 - _y. 0053311 402 'W'-'174 93.03"! c .,� 240 0053329 1009 'i^ 811^80.38 °4" �;' 54_3 _ 0053350 924 795 86.04% . _ _ _ 523 0053351 975 664 68.10% 430 0053353_ 882 785 89.00% 533 00554 33 721 �. r „�33 46.74 ' _ 220 0053355_ _ 1024 ,,, 500 48.83 % i_' - _ �* 9G .___ -'✓ ��:. 1,J ''tip'. _ -_ _ _` -" k Orange County Statement of Votes Page 832 of 1851 U_ C p = U w m � F a m O 6 U w w v Z U U Q U Z v r o r E x N N m r y z 0053359 831 `v3 " ='534 64.26 °,5, — r , � inr:.'y 321 "'F 0053360 780 598 76.675/6 390 0053361 786 581 73.92% 367 0053362 531 385 72.50% 248 r053300 ill 7 9 61L(L3!' /o ` %r s ..... 446 4� t 9� UU5330 8 Y 81 + _�60 +;, 81 43% % „ � .�M �' -' 431 3 ♦. .> µ 0053370 _ 757 '" 438 57.86% - °x "63 0053371 852 652 76.53% 464 0053372 960 830 86.46% 553 0053373 17 8 47.06% 5 00-53376 § 664 446 ,&* 67 17% r z 297 sv ?- a cr3_ F t,*A�'^ 0033 957 515 53.81 -% ,1.. _ 329 ^,p_,33 ra ',176 es *`. 623 SG.39 °/a r i -ik 417 _ _ 0053379 1024 845 82.52% 606 0053380 943 640 67.87% 416 0053381 448 334 74.55% 227 0053384 727 ,�. 574 l8 cv% a - 3p 0053387 `-0f98 .., .307 4tv 7912 °b }rd 'uF - 00 0053388'[ 874 560';'64.07% - .,,54s, 0053389 938 740 78.89% 495 0053393 1111 522 46.98% 353 0053395 598 471 78.76% 292 0053402 j 553 A 119 75:T% 7 c r. 00:33607_ 074 ' ,A 530 78:64 ° /a + 1W` X72 ' +°', i{' a ° 17053_602 + 280 8.2.84% $. 169 '._` _ "' ,338 �� :,;. 0053603 1551 1231 79.37% 765 _ _ 0053604 475 355 74.74% 233 0053605 1010 814 80.59% 540 0053606 2088 1531 78d26% 1,378 005360 s (r' 304 268 $13. 16% VIA% 0053608 P, 487 404 1 82.96% - i -_ 4` _ — — _ -__ 498 0053609 1200 794 66.17% 0053610 543 433 79.74% 282 0053901 56 43 76.79% 29 0053902 iU, 1.12 —__ -86 __ _ . —_ � 7 . ..e� , _ -- y . >*p- 0053903 0 - 0 ;O ,0.00 = p 0 < .. , j "�fr�. 0053904 4.218 _ 1*7 766% j .% ' 9n ; . ` n i ' •krtYx ' ^4 b. ^" " C 0053905 2 2 100.00% 0 0053906 2 1 50.00 % 1 Totals: 64405 "j 47279 73.41%1 rY30506 Early Voting Totals Orange County Statement of Votes Page 833 of 1851 CITY OF NEWPORT BEACH Member,City Councll,District 2 0 L) v, to 0 EX 0 0 11 L) 3: f E m Z i, C 0 0 z 0 E . Ei a m F E5 i w z 2nd Supervisorial Distrid *1 +64405 -142 0.22% _j % m 37th Serzk�'District _:i ell 64405 142 0. 12 ok 48th Congrassiona District "A '64405 _ 142 0.2�% 94 5th Judicial (Harbor Court) 64405 142 0.22% 94 74th Assembly District 64405 142 0.22% 94 Coast Community College District 56427 121 0.21% 81 5 Coast Community College Distinct Trustee Are. _56427 121 .2,% I u� -,�, I �, Costa Mesa Sanitary District - 3768 7 0 19% 4 'd C OuAly Beard of Ed=WionTrusteeAren 2 1622 6 140 ,'1 -g 0.37% �,,, County Board of Education Trustee Area 5 63457 0.22% 92 Irvine Ranch Water District 11119 20 0.18% 12 Laguna Beach Unified School District 787 2 0.25% 2 Mesa Consolicialod'Watet District 3410 Y F 7 > 0.21% Mesa 0onsolidated Water District Division I 3.12867 0.24% 166 Mesa Division 5 543 i C, 10.00% 0 Municipal Water District Of Orange County 64405 142 0.22% 94 Municipal Water District of Orange County Div 3410 7 0,21% 6 Municipal Water District of Orange County Div 60995 135 0.22% 88 Newport Beach r' 64405 ;P" 142- ^0.22'% -94 Newport Beach Wart! Division 1 8107 17 10.21% 1 it Newport Beach Ward 0 ivishin 2 "�'9154 47 0.1G% 0.12% 12 7 Newport Beach Ward Ward Division -105-38 13 Newport Beach Ward Division 4 6641 10 0.15% 8 Newport Beach Ward Division 5 7757 17 0.22% 8 Newport Beach Ward Division 6 7672 ,� P I 1-7 zk 'r 0.22% 1 d-',, Newport Beach W-rd, Division 7 5876 ibvr V. 12 s 0.20% Newport Coast Annexation (Helen) 4 Z70 U _ �r I - 1 M,; Newport-Mesa Unified School District 63601 140 _ 0,22% 92 Newport-Mesa Unified School District Trustee 6548 11 0.17% 7 Newport-Mesa Unified School District Trustee 34117 83 2-7 0.24% 57 -132-50 Newport-Mesa Unified School DisuiciTrustee I , 6312 4 0.664 V .' :4 Newporl-Mesa Unified School DistyictTrustee 3714 12 0.,32% Orange County 64405 142 94 -_ 0.22% Orange County Water District 53773 121 0.23% 81 Orange County Water District Division 5 41164 97 0.24% 63 4444.- Orange County Water District Division 7 z - -13309 26 4', O.TTX; Rancho Samicigc Community College District V 17 T 0 ", 0.00"A 0 Rancho Sanihgo Cummunity College District 17 0-.00"It, --Gt Santa Ana College imp Dist No. I of RSCCD 17 0 0.00% 0 Santa Ana Unified School District 17 0 0.00% 0 South Orange County Community College Dis 7951 21 0.26% 13 South Orange County Community College his 01 113 7961 0260,1 State Board of Equalizabon ;4th District) 64405 42 , I 22% - v4 1 -0.22% 29-4 ,Totals: 64405 1 1421 1 Voto^by^YNai|Tvta|s Orange County Statement ofVotes Page o»dv[iom CITY OF NEWPORT BEACH Member,City Council,District 2 2ndSupervisoralDistrLm 64405 25596 39.74%__ -'�q - 15803 37th Senate Distric 't 64405 25596 74% 15803 49th Go4essional Drstrict��,,k -r" :644,115 255596 39:74% 15803 5th Judicial (Harbor Court) 64405 25596 3974% 15803 74th Assembly District 64405 25596 39.74% 15803 Coast Community College District 56427 22612 40.07% 13908 C east Community Colloce District Trustee AFe 56427 _212612 40.07% 9n,)s County Board of Education Trustee Area 5 63457 25319 39.90% 15654 Irvine Ranch Water District 11119 4353 39.15% 2685 Laguna Beach Unified School District 787 312 39.64% 191 Mesa Pinsolidated Water District 3-410 922 rr-7 P" 570 O� Mesa Gonsol;dated Wate� DiGtrlr.t Division 2867 714 1,24,90% 441 -i Mesa Consoiidnted Water Dist, ict Division 5 9� Al -Y - '- - I Municipal Water District Of Orange County 64405 25596 39.74% 15803 Municipal Water District of Orange County Div 3410 922 27.04% 570 Municipal Water District of Orange County Div 60995 24674 40.45% 15233 Newport Beach t1t. 'j, 64405 25596 39.74% kx �jewqort Peach Ward Division 2 9154 2951 2.44% 1768 Newport Beach Ward Division 3 10538 4426 42.00% 2698 Newport Beach Ward Division 4 6641 2446 36.83% 1477 Newport Beach Ward Division 5 7757 3574 46.07% 2320 Newport 13,eaclb Wa.d Division 7,4, 5876 2523 42.94% Newport-Mesa Unified School District 63601 25277 39.74% 15607 Newport-Mesa Unified School District Trustee 6548 2810 42.91% 1722 Newport-Mesa Unified School District Trustee 34117 14907 43.69% 9394 Newport-Mesa Unifled School DistrictTrustee 13250 �4284 32.33% Newport-MesaiOnifted School DilsvictTrustee 6-112 2172 34.4 1 1296 Orange County 64405 25596 39.74% 15803 Orange County Water District 53773 21503 39.99% 13261 Orange County Water District Division 5 41164 17234 41.87% 10677 0. rige Cotnity Water District Division 7 131809 633 33.55% 279 Rancho Santiago Community College Dis rict 17 7 4 5 n, RZ,311cho Santiago Community College DistInct 'i 7 41.18% ilk Ali __7 Santa Ana College Imp Dist No. I of RSCCD 17 Santa Ana Unified School District 17 7 41.18% 5 South Orange County Communit-y College Dis 7961 2977 37.39% 1890 E4-TO51 2-57961 59t4% 158031 Grand Totals Orange County Statement of Votes Page 835 of 1851 CITY OF NEWPORT BEACH Member,City Council,District 2 0 < ED he 0 0 0 0. 0 E z 0 z 0 0 M E G. ca L) 2 z 2nd Supervisorial District, 64405 �7, 279 7 3.4 1 'r. 27th Senate District A - 64405 �VJ47 . 47279 73,41 'X. 30q06 - pp :ong sional Districl 544U� f47279 7 �' I % 14, 1,30505 4 �v '� i 4; 5th Judicial (Harbor Court) 64405 47279 73.41% 30506 74th Assembly District 64405 47279 73.41% 30506 Coast Community College District 56427 41559 73.65% 26817 Coast Com murfty CollegeQis-t rict Trustee Are 56427 i -;;41559 73.65% -7-26-81-7 "1 Costa Mesa Sanhary District 3708 *21i,14 75.48% 1796 Countv Baad of Edu a' don Tfu,t-e Area 2 1622 11126 69.42 L -/6 73.57% 7-31 30117 County Board of Education Trustee Area 5 ___46683 H467 Irvine Ranch Water District 11119 8165 73.43% 5253 Laguna Beach Unified School District 787 617 78,40% 387 Mesa Consolidated Water District 34 10 42086 61.17% 1371 Mesa C;;solidated Water Distri - ct Division 1 �Ir2867 ,�4 N53 57.66% .01089 '7. Mesa C;�solidated Water District D�vision 5 54 3 V 1 79.74% i k433 282 Municipal Water District Of Orange County 64405 47279 73.41% 30505 Municipal Water District of Orange County Div 3410 2086 61.17% 1371 Municipal Water District of Orange County Div 60995 45193 74.09% 29135 Newport Be.ach , - I 64405 - 47279 ' 7341% Newport. Rrs�ch Ward Division 1 8107 13 14 3 All, 63.44% 3176 ach W��id Division 2 9154 661 67.191% ? -k 3�16 z -i'314 10 iii __713 _909/6 5342 Newport Beach Ward Division 3 a Newport Beach Ward Division 4 6641 4837 72.84% 3076 Newport Beach Ward Division 5 7757 6104 78.69% 4078 Newpon Se�ich Ward Division U �,,7672 5596 076.85% 3761 Newport Se3`ch Ward Div'isioin 7 �'58_16 44V 1 75.85% 2.11, il I -13% Z flk�' 14 M n (Helen) !tCw0orI'Coaqt A iiem6' 7038 53." I T6. /'- _4 � -,,in Newport-Mesa Unified School District 63601 16654 73.35% 30114-- Newport-Mesa Unified School District Trustee 6548 5110 78.04% 3295 Newport-Mesa Unified School District Trustee 34117 26116 76.55% 17088 Newpo"e-sa-Unil keil-Scl hoolDistne-t-IFT-Listee; _1'�250 8�00 -i 663.42% .5463 Vk�� M Newport- esa Unified S�;h.Qi cisloct rrusee 33111 2 '4490 lgy� 7 1. 13% ewp N orl-lvlas�j'Unified Sc I District Trustee hao 37 1.4 2281 k� % "61.42 1467 Orange County 64405 47279 73.41% 30506 Orange County Water District 53773 39492 73.44% 25530 Orange County Water District Division 5 41164 30939 75.16% 20025 Orange Count ry Water District Division 7 Fj- 13809 9347 57.69% 6003 Rancho Santiago Community College Distric I 17 47,05%, 5 Ranch(') Santiago Community College District 17 8 47.06% 5 A, Santa Ana College Imp Dist No. I of RSCCD 17 8 47.06% 5 Santa Ana Unified School District 17 8 47.06% 5 South Orange County Community College Dis 7961 5712 71.75% 3684_ South Orange 7961. 5712 71.75% 68 I State Board of Equalizatinil �4th Disdict) 64405 47279 73 41% k'k 64405 472791 73.41% 1 305061 1 -1 Orange County Statement of Votes Page 836 of 1851 CITY OF NEWPORT BEACH Member,City Council,District 5 0 U in A 0 0 E z ri 7U ❑ .E 0 E 00$3052 1,891 X552 61'95% r, 359 50 3a 20 o6� ci�r -65 7 t.v - - 7� 71.435'. 2 lr5 0053059 662 603 91.09% 385 0053062 757 596 78.73% 370 0053064 1118 849 75.94% 532 0053066 1tY., 849 630 'Ir 74.20% r357 q, & 0053067 3 60.00% 0053068. 688 --463 A', 46 70M5% 310 0053069 385 83.15% 239 0053073 1050 516 49.14% 318 0053074 1058 793 74.95% 500 364 R0, 68 All 6256 81.38% 053076 9 1. 5-571% 275 0053079� A 82-) ��j 1�764 65.85% ARS 4 0053080 745 605 81.21% 353 0053081 1073 779 72.60% 460 0053082 847 673 79.46% 423 0053083� '991 1 832 83.96% 1524 % 0053084 8- `"365 0053085 NUM 936 E;89 73.61% ,409 0053086 855 632 73.92% 400 0053091 748 626 83.69% 394 0053093 774 649 83.85% 389 0053094 ran °p? 826 t ' I 81.48% t ft, irt, 21 w 466 0053091 - A . 453 - C3.0 �'ZL' I 0053798 3„ ' 748""5 �."5114 = 't; 1 VP �i 292 0053099 667 546 81.86% 339 0053100 909 523 57.54% 309 0053101 1217 523 367 42.97% 348 (1191,53102 - 41 455 80.36%, '�232 s Q, 0053140 0 s 1- 0 o.00% J-6 ;"I 0053,141 611 502 82.16% 1 �-i- 0053142 828 628 75.85% 409 -, 0053143 787 617 78.40% 367 0053144 760 -030 568 430 74.74% 7g 68.25% r�,l 354 256 �512 i" tl'l 0053145 -314 , 1 605 P 109 4 84() z 7 l'61% 00.5-1.47 mlqiv '77 0 585 642 1 ' /5.M*4 71.65% W3 0053148 896 441 0053149 662 537 81.12% 363 0053305 901 729 460 80.91% 8244% V�, 491 "ft n It '306 1,14 0053311�f T402 374 246 0053329 9fvj �,1009 "4$11 1010.38% A 1523 0053350 924 795 86.04% 519 0053351 975 664 68.10% 418 0053353 882, 337 '40785 89.00% 46.74% 5?! It 0063354 721 15 0 05335A �9V0024 bt, 500 -48.83% :172 �272 10 Orange County Statement of Votes Page 837 of 1851 11 c p _u = ` U w W � D] m O F u = U p O O J d 3 � N a EE 2 U U h U O O D } E Q >s - Q p r p a a m F U 2 n W 0053359 ._e831 534 64.26% ij-^Y ` tl 31 -: r 0053360 780 598 76.679/6 402 0053361 786 581 73.92% 377 0053362 531 385 72.50% 255 0053300 , 1179 729 �7 63% ,1 '`�' 442 V4, ,i•. � g a -F 0053368 ',.813 x7.5'7 66 °1`.43 °(0? �� 414 0053370 a ` 438 � 5+.86% - _�.-% _ 256 452 0053371 852 _ 652 76.53% 0053372 960 830 86.46% 546 0053373 17 .y` 614 _ 8 446 47.06% 6 0053376 67.17 °!n 287 4? 00>33�� 'iN a57 515 .53.870!. c 325 i?, �'^`a Y -. +.. 'X 0053378 715 1024 623 845 80,39% 414 { 0053379 82 .52% 596 0053380 943 640 67.87% 411 0053381 448 334 74.55% 78.95% Y +p — 222 0053384 27 _ 574 342 • _ ,_, F 0053387 388 307 79'12 % 205 # s; y=:'•.t. Y 005388 874 560 64.07°% r� 352 0053389 938 740 78.89% 482 0053393 1111 522 46.98% 349 0053395 598_ ^ _5� 471 -_ _ 419 78.76% _ 287 005340° _.. 75.77% 260 0053601 674 530 r II.64: /. ' "._'� 310 0053602 -_ 3_38 1551 _ _ _ 260 1231 82.84% _ -- �- 167 0053603 79.37°!0 - -752 - - - -- 0053604 475 355 74.74% 215 0053605 1010 ��; 2088 814 1534 80.59% - — - 522 0053606 76.26 °4r' — 1043 },�: 1i..• _ v�. -1 '— 0053607 'r' 304 268 88.159% x 173 4. 0053608 487 1200 4.04 794 82,96°97 _ _ 249 493 0053609 66.17% 0053610 543 433 79.74% 271 0053901 56 43 76.79% 27 005390'' 0053903 ^' 112 '86 � 746.79°!0 "1 w 46 1, 0 0.003!. p �' 0053_904 • +? i . ^_ 18 1_67 76_._61 °. /. _ ; t 8.8 587 vi �a 1X. Y •,�y 0053905 2 2 100.00% _ _ _ 0 0053906 2 1 50.00% 1 Totals: ^' 64405 47279 73.41 % >. 29760 11 Early Voting Totals Orange County Statement of Votes Page 838 of 1851 CITY OF NEWPORT BEACH Member,City Council,District 5 0 L) 0 < Ei 0 Q_ L) E m Z 0 L) 0 0 E In I 2nd Supervisorial District, 64405 142 -",2 2l4, 92 I eJ 37th Senate District 6174405 14!7 92 1� d District 4811�luongressiouL 6�1405 4 92 5th Judicial (Harbor Court) 64405 142 0.22% 92 74(h Assembly District 64405 142 0.22% 92 Coast Community College District 56427 121 0.21% 80 Coast Community College District Trustee A re -7, - '& '?, 56427 '*1211 . �KO.21% k_ 1 i� .0 11 D. , " Costa Mesa Sanitary istrict � .. t 3768 7 0. 1 Gn/" ir.T 4 'kn Counhn]36rdofEducation nusee Area T A 162,- 6 0.37% 3 County Board of Education Trustee Area 5 63457 140 0.22% 90 Irvine Ranch Water District 11119 20 0.18% 11 Laguna Beach Unified School District 787 2 0.25% 2 Mesa Consolidated Water District Me;a Consolidated Water District Division 3410 42867 #AX 7 0.21% 6 '4 I 0.24% Mesa Consolidated Water District' Division 5 �-9, 54�3 ��o -0.00% 0 k Municipal Water District Of Orange County 64405 142 0.22% 92 Municipal Water District of Orange County Div 3410 7 0.21% 6 Municipal Water District of Orange County Div 60995 135 0.22% 86 Newpor• Beach z':44057T� 1-42 -7 �, _01L% No li�,h_BpaO W5rd Division 1 wpor, BP,2ch We Div, -rd silo" 1 A 8107 0.21% t F1 V No��g Be"n W aid D s,,, 2 0154 4-17 L i Lo- 190, _111` Jl'''NN y 13 na t hl L Newport Beach Ward Division 3 10538 13 0.12% 8 Newport Beach Ward Division 4 6641 10 0.15% 7 Newport Beach Ward Division 5 7757 17 0.22% 9 Newpon Beach Ward Division 6 �V 7672 1'17 0.22% lk 'I 11 Newpult Beach Wa'd Division 7 5876 4 A Nown'or(Coast Annouwlon (Helen) 7038 1,12 17% 7 14 Newport-Mesa Unified School District 63601 140 0.22% 90 Newport-Mesa Unified School District Trustee 6548 11 0,17% 7 Newport-Mesa Unified School District Trustee 34117 83 0.24% 54 Newporl-Mesa Unified School Oistftl'T'rusiei; 13250 _27 Newipert-Mrsl'l Unified &huol Disr irl Ti LiSte'le 6312 4 4 c. 0.013% 4 WlJj rt Newpo-!`.�e 3714 ill "�10.xnl. lo ' Orange County 142 0.22% 92 64405 Orange County Water District 53773 121 0.23% 80 Orange County Water District Division 5 41164 13809 -17 97 25 0.24% 62 20 f, l; Orange CountvViater District Division 7 u..* ().19% (:omrhui;it� College ,:)istr-ict Ag. 0 1,0.00% Fakir 0 Rs ch(, F_amiagorConomunivy College District ,t,tV '�¢ 0 1 '� 0.00% 0 Santa Ana College Imp Dist No. 1 of RSCCD_ 1-7 -_ -0- -0.00% Santa Ana Unified School District 17 0 0.00% 0 South Orange County Community College Dis 7961 21 12, South Orange County Community College Dis 7961 - 21 - -0.26% 0.26% 2 IlualIZ3L state E300 r d Of i- ion {4th District) (3 j44d5 142 0.2 2% 92 A� q0A, wry 121� ITotals: 644051 1421 0.22% 12 Vote -by -Mail Totals Orange County Statement of Votes Page 839 of 1851 CITY OF NEWPORT BEACH Member,City Council,District 5 c _u = ` m w ° m m R 0 V u 0 o IL U W y. a E Z V = U 0 0 a ° Q c Y E 3 o a to F v 0� an w 2nd Supervisorial District ,t.. ` 04465 25596 - 39.74T. _ ,� s `A 15473 37th Senate Distri i ' ,3i .h * ,64405 2559C 34.74.°{0 s ° .1 1,5473 48th Congressional District ", 64405 64405 , L..698 25596 34.74 ° /' 39.74% .m = 154.73 15473 ,.,,�"�ai.d _ 5th Judicial (Harbor Court) 74th Assembly District 64405 25596 39.74% 15473 Coast Community College District 56427 22612 40.07% 13611 Coast Community College Dishict Trustee Ar 56427 _ 22612 10.07 " /0 . " x".a"' 13611 Cpstn Mesa Sanitary District 1i' "r�, 3768 1515 40.21% E 8 70 Fx a ';* -;f. County Board of Education Trustee Area 2 1 1622 '516 4, 'r 63457 ` 25319 31.81% . , *x.292 County Board of Education Trustee Area 5 39.909/ 15325 Irvine Ranch Water District 11119 4353 39.15% 2628 Laguna Beach Unified School District 787 312 39.64% 183 _ Ma_se Consolidated Jdatp District '_ s 341-10 X922. zo u4% n, „558 ' , * ,. -4; Mesa Consolidated Water District Division 1 2867 714 art 90% _ "' �' 132 Fp , •rY t Mesa Consolidate(. Water District Division 5' 543 _' 208 .. 38.31% 39.74% a "..i26 15473 _ l.}„r _ Municipal Water District Of Orange County _ 64405 _ 25596 Municipal Water District of Orange County Div 3410 922 27,04% 558 Municipal Water District of Orange County Div 60995 24674 40.45% 14915 Newport Beach I 64405 25596 Newport Beach Ward Division l I 6107 2509 Newport 'Beach Wad Division 9754 2951 C 32.24! �- _ ilk, _1366 1711 ,a_u.8_ „T. Newport Beach iNam Division 3 10538 4426 42.00% 2613 Newport Beach Ward Division 4 6641 2446 36.83% 1470 Newport Beach Ward Division 5 7757 3574 46.07% 2340 Newport Beach Ward Oiat iun 6 J � r *T1 r - s94 $ - v Newport Itear..h Ward Dry Sion 7 5816 2523 42.94,”. r 4 NF ewport Coast Annp,cat ,in (Helen) r 3— 7038 63601 2927 25277 41 59% ,4+, S'+ i,'�,: ,193 Newport-Mesa Unified School District , _ 39.74% 15284 Newport-Mesa Unified School District Trustee 6548 2810 42.91% 1677 Newport-Mesa Unified School District Trustee 34117 14907 43.69% _32.31% 9244 Newport Mesu Um ied Srhonl Dis nct Trustee 13250 454' -' aqq fu,2443 Newpon M. sa Unified School Disiri 1 1 rustee 631:? i' 2172 34.4;% tG �'ry f`w }° J53 p, •' Newport -Mesa Unified School Distil Trustee 3714 = 1041 28.03 °ro ,':3 Orange County 64405 25596 39.74% 15473 Orange County Water District 53773 21503 39.99% 12995 Orange County Water District Division 5 41,164 17234 41.87% 10490 _ _ Orange C,ounryWaler Uishfct Division 7 13309 4639 _ 2719 A'33.55% .� Rancho Santiago Community College District 17 g' 41.18 /o tIj Kx - 8 t- tancho Santiago Communty College. D.s!rici a` P ,17 x ,{h7 41,1856 E.;• 6 ;, Santa Ana College Imp Dist No. 1 of RSCCD 17 7 41.18% 6 _ Santa Ana Unified School District 17 7 41.18% 6 South Orange County Community College Dis 7961 2977 37.39% 1856 South Orange County Community College Dis 7961 2977 1856 ^, 37 35% ;�,; ' State Boer) of Equalization (4th Dis nr) 64405 25596 39.7a% F s 15473 b' ` `-rx x Totals: 64405 25596 39.74% 15473 13 Grand Totals Orange County Statement of Votes Page 840 of 1851 CITY OF NEWPORT BEACH Member,City Council,District 5 to 0 o Z u Ci 0 0 E 2nd Supervisorial District, Senate bist-rict 1�1405 6 ��,4727r ' 7" 73.j vx� _r wVkr I 4`. 29760 I - 37th CA405 4 7279 73.41%7 29760 48th Can�gressional District 64405 147279 X7:.41 °! 4 29760 5th Judicial (Harbor Court) 64405 47279 73.41% 29760 74th Assembly District 64405 47279 73.41% 29760 Coast Community College District 56427 41559 73.65% 26156 Coast Communiltv Colle, jo District Trusteo Are 56427 41§59 73.651% 2 11 V q fi -rrk V Costa Mesa Sanitary District 3768 2344 75,48% County Board of Education'l rustee Area 2 1622 T 1126 69.4;N. 691 4 ;A), County Board of Education Trustee Area 5 63457 46683 73.57% 29379 Irvine Ranch Water District 11119 8165 73.43% 5115 Laguna Beach Unified School District 787 617 78.40% 367 MPcA Congofidataj Water District yL 3410 2086 'ir S 61.177% li t Ner, � p 1334 M esa'Consoildated Water District Division 1 DP.E' 16�3 57 C&% ' r� 1063 Mesa Consolidated Water District Division 5 <_A 5:13 f1433 79.74% a� 271 Municipal Water District Of Orange County 64405 47279 73.41% 29760 Municipal Water District of Orange County Div 3410 2086 61.17% 1334 Municipal Water District of Orange County Div 60995 45193 74.09% 28426 Newport Beach, 7k 1. 64405 47279 _7_34_1/ Nowp,it Br,.ae.h Ward Division 1 10 q-, 8 107 5143 63.44% `02n NovvpS ch Ward Division 2 'j "Y it Beach 9154 6 51 7 67.4% 'N'RL� Newport Beach Ward Division 3 10538 8314 78.90% 5165 Newport Beach Ward Division 4 6641 4837 72.84% 3047 Newport Beach Ward Division 5 7757 6104 78.69% 4066 NewporuBeach Ward Division 6 t 7672 i, 5896 -'.6 85% Newpon'Beach Ward Di✓isfon'7 A 441i7 - 'z d, 7 5% r2796 Newport CoasUAnnexaflon (Helen) -'s.", �' 11' q . � T 7038 5,i58 T 76".3% 3388 Newport-Mesa Unified School District 63601 46654 73.35% 29387 Newport-Mesa Unified School District Trustee 6548 5110 78,04% 3193 Newport-Mesa Unified School District Trustee 34117 26116 76.55% 167,53 Newport-Mesa UnifieC School District Trustee 1,3250 , 8800 fj 4 S� I S ie'�nfl k 'wp6r1-,Mas,; Unified School DistriciTais' NP tee 6312 4490 ,66.42% 71.13% 1772 A N ewp Mesa Ur'iited School District Tkisl� 371.4 64405 2261 61.42% '1' 42o L 29760 .4 -i!q Orange County 47279 73.41% Orange County Water District 53773 39492 73.44% 24919 Orange County Water District Division 5 41164 30939 75.16% 191590 0. ange County Water District Division 7, 13809 iil 934 7 5511, 57.69% Rancho tiago Co munity College District IM 1 M 8 't t 47.06-Y!, M Q Rancho Santa Communitv College Nistrict a 17, 8 47.0 Santa Ana College Imp Dist No. 1 of RSCCD 17 8 6 47.06% Santa Ana Unified School District 17 8 47.06% 6 South Orange County Community College Dis 7961 5712 71.75% 3598 South C' _s rang County Community College D! 796'. '7112 1. 7i '3598 Siate Board e'; EqUaliZatI011 (4th District) 47270 7 1.'4 10% 29760 1" _4 4. 1 64405 47279 73.41% 1 1 297601 14 Orange County Statement of Votes Page 841 of 1851 CITY OF NEWPORT BEACH Member,City Council,District 7 0 0 < w fn ' 0 o r4 E z 7U 0 .E 0 M E 15 2 0053052 891 552 6I.CIF% Yx 005365 50 39 78.0 % VY" - ;A zf't ;.q t -1 r7,�71.43% .6 P2 7 5 0053059 662 603 91.09% 396 0053062 757 596 78.73% 381 0053064 1118 849 75,94% S. 537 0 6053066 849 630 �40 74.20% p t 005m6 1388 48- iMM 31 3 S 0053069 463 385 83.15% 250 0053073 1050 516 49.14% 313 0053074 1058 793 74.95% 61.38 506 0053075 768 629 388 0053076 X829 462 55.7:14 1.1 262 0053079�l 820 704 85.85% 500 4 0053080 745 605 81.21% 369 0053081 1073 779 72.60% 464 0053082 847 673 79.46% 421 533 60530-83 991 32' 63 06% 0053084 880 683 4 77.C. I% 384 0053085 936 -- - — 855 414 0053086 632 i3 .92% 0053091 748 626 83.69% 398 0053093 774 649 83.85% 415 005i 94, M 81.418% 82#3 --1 —,457 0053097 719 453 63.00 265 'IM7 % 0053096 748 514 68.72% 302 353 0053099 -M7 546 81M% 0053100 909 523 57.54% 310 0053101 1217 523 42.97% 348 0653102 455 367 80.66% 4, 245 0053140 0 ;0 0.00% 0053141 611 50"' 82.16% 0 334 828 428 0053142 628 75.85% 0053143 787 617 78.40% 377 0053144 760 568 74.74% 359 0053145 636 436 68.21-5-1/1 258 t T 0053146 1094 849 77.U1% 35 00153147 770 585 75.97% 3635 K 0053148 896 642 71.65% 444 0053149 662 537 81.12% 369 0053305 901 729 80.91% 498 0053109 558 1, .16-3 82.44% '�'*6 V-246 0053311 402 374 93.03%. t 0053329 811 80.38% 541 - 0053350 924 795 86.04% 526 0053351 975 664 68.10°/ 426 0053353 882 785 89�00% 544 0653351 46."74% sil 21 ' TT 0053355 1024 500 4 6q3% '4c pv �m 2 7 8 'Ae" �: 1�"' 15 Orange County Statement of Votes Page 842 of 1851 16 U_ C p = � U w is Q O W N m F U C � d � J d U � K E z v v d U N J 0 W E a a all F U� r Y 0053359,M 831 VV, 534 IT 64.26% _ �: ,-'„ x,} ,. 3i6 �. '. .. vra,lti. A. al 0053360 780 598 76.67% 393 0053361 786 581 73.92% 373 0053362 531 385 72.50% 254 0053366,i 1179 yyr 9 f 61.83% , .w 444 `�-_ ,:4• 3" i 1i 1 005336E 813 _661 iTt 1.43% 4 +4 n "'438_ L 0050370 - 757 __ 57.86% `. "; 268 0053371 852 652 76.53% 477 0053372 960 830 86.46% 575 0053373 17 8 47.06% 5 0053375 664 = y 44,3 67.17°0 -7' 289 0053377 95! 515 53.81 " /° :� i zoq' 0053373 775,'" „�G23 E0.390/ 82.52% k. _ „: 411 598 1.Ikt� 0053379 1024 845 0053380 943 640 67.87% 406 0053381 448 334 74.55% 223 0053384 727, 5e4 -': 78.95 °1 364 0053387' 243 307 79:12 ° i ` ' 20.. 0053388 a., q- .560 �: 64.0 % °Jc a ^ 353 -- 0053389 938 740 78.89% 4B0 �- - - - - -- 0053393 1111 522 46.98% 351 0053395 598 471 78.76% 289 0053401 553 0.410 75.77/• ys c6+ -_. .• ,i e 0053501p 67 4 -530 78.64/ � 306 00536027':. t"E.. z 338 280 82.84% 0053603 1551 _ 1231 79.37% 765 0053604 475 355 74.74% 218 0053605 1010 814 80.59% 520 1053606 2088 P. 16141 i 78.26% :} 3053607 304.aFi 268 68.16% If t e 8 0053608= 437 404 794 1xi 62.96% 66.17% # " 254 #fl t''c 1, 0053609 1200 491 0053610 543 433 79.74% 269 0053901 56 43 76.79% 29 90? p0530� 11^ 5_ 0. �903 0 *. 0 ;t rO. ,,Oi O053904 . _ 218 2 •tb7 2 , 76.61 °l0 100.00% 93 1 5c �. `1 7 * • ° ' 0053905 0053906 2 1 50.00% 1 Totals: °. 16 Early Voting Totals Orange County Statement of Votes Page 543 of 1851 CITY OF NEWPORT BEACH Member,City Council,District 7 u_ c 0 x ` Q N � W O m y F U K d U n E z v U o - O a x c } E 0 a m F U Y ent Supervisoriai D"stnct 64405 '142 0.22% •` 192 J71h'Senate District A ', ° T 64405 142 0,22% xi 92 48 hi L Congressional Dis "cl '' }, i` W 64405 ,142 0.22'! x { 92 5th Judicial (Harbor Court) 64405 142 0.22% 92 74th Assembly District 64405 142 0.22% 92 Coast Community College District 56427 121 0.21% ! 0 80 8l ` � ' (oas t Community College District Trustee Costa Mesa Sanitary D" btct 3768 t 0.19% 3 ' "f4 Count' Board Education Trustee Area _. 1622 63457 _6 140 jt 0.37% !13 -of _2_s County Board of Education Trustee Area 5 0.22% 90 Irvine Ranch Water District 11119 20 0.18°/ 11 Laguna Beach Unified School District 787 2 0.25% 2 Mesa C.lnsolidated Water -1�ud" 3•.Sia % 7 0 1% j— —� 6 Mesa Consolidated Water Distrit- Division 1» '28f i 7 "0.24 °.ro -' '� °. ? ' Mesa Consolidated Juate, District Division 5` , I 543 64405 _ _% ' 0 142 0.00% :..5 Municipal Water District Of Orange County 0.22% 92 Municipal Water District of Orange County Div 3410 7 0.21% 6 Municipal Water District of Orange County Div 60995 135 0.22% 86 CJewpiut Beach z� �. :64405 14Lr 02J% —� ,. —�_ ;92 Newport Beach Ward Division !, 8107 1 17 " 021% 1 z13 Newest Beach Ward Dnu�on<� _. t _ 9_154 .;,17 C.15_% # g'if y + t _ r 13 Newport Beach Ward Division 3 10538 0.12% 7 Newport Beach Ward Division 4 6641 10 0.15% 7 Newport Beach Ward Division 5 -- 7757 17 0.22% 9 — Newpuri Se+eh Ward Division o 'y67672 }i, 'u?-0 22% — . -- -- Newport Newport Beach Wad Division 71 �, i X878 °17 0.LO °!o ,*; `. Newpod Coast Annexation (Helen)) 70'38 63601 140 0.l1% 0.22% Newport-Mesa Unified School District ` 90 Newport-Mesa Unified School District Trustee 6548 11 0.17% 7 Newport-Mesa Unified School District Trustee 34117 83 0.24% 55 Newport Mesa Unified Sdhooi Distrtc Trustee 16250 ,p 27 —020% _ T z „14 Newport—Mesa Unified School Disuic Trustee 4.4312 '1 4 O OV76" ,yr ,' 4 Newpon -Mesa Unified School DismCt iYus[ee !14 M1'2 G.:r2 °!o ^ 10 Orange County 64405 142 0.22% 92 Orange County Water District 53773 121 0.23 % 80 Orange County Water District Division 5 41164 97 —0.24% 62 Orange County Water Dis n t Di sior 7 • 13909 f �<6 .';�: Opt 9% 20 tr�i1 Rancho Santiago Commumry f'ollege District 17 "D 0 00% 0 Rancho Santiago Cum .n.oity College District 17 0 14 0.00% Santa Ana College Imp Dist No. 1 of RSCCD 17 0 0.00% 0 Santa Ana Unified School District 17 0 0.00% 0 South Orange County Community College Dis 7961 21 0.26% 12 Sou01 Orange County Community College Dis 7961 21 _ _ z, 0.26% t? State Board of Equalization 141h Disuicti 64405 142 r C1e ,.221 -, Totals: 64405 142 0.22% 9 2 17 Vote~by^YNai|Tota|s Orange County Statement ofVotes Page ww of 1851 CITY OF NEWPORT BEACH Member,City Council,District 7 24 0 37th Senate Distrlct,�.. 5, 64405 25596 - 119744 4ft Con Cessional District 64405 25569 39.74% Sk rP V% 44 5th Judicial (Harbor Court) 64405 25596 39.74% 15744 74th Assembly District 64405 25596 39.74% 15744 Coast Community College District 56427 22612 4007% 13866 Coast Community College District Trustee Are Ak,6427 �j 22612 V4, t County Board of Education Trustee Area 5 63457 25319 39.90% 15589 Irvine Ranch Water District 11119 4353 39.15% 2672 Laguna Beach Unified School District 787 312 39.64% 187 Mesa Consolidated Water District, 3410 922 27.04% Mesa Consolidated Water Districl Division .5 Municipal Water District Of Orange County 64405 25596 39.74% 15744 Municipal Water District of Orange County Div 3410 922 27.04% 553 Municipal Water District of Orange County Div 60995 24674 40.45% 15191 Newpon Beach-4- 20t)(1 , 39.74% 115744 vision 1 M, 8107 Newport Beach Ward Division 3 10538 4426 42.00% 2664 Newport Beach Ward Division 4 6641 2446 36.83% 1486 Newport Beach Ward Division 5 7757 3574 46.07% 2351 7038 2927 41.59% Newport-Mesa Unified School District 63601 25277 39.74% 15552 Newport-Mesa Unified School District Trustee 6548 2810 42.91% 1706 Newport-Mesa Unified School District Trustee 34117 14907 43.69% 9413 Newport-Mesa United School DistrictTruslee 13250 4284 32.33% 2480 Z q j,$4 I #�r or Newport -Mesa Unified School District T, usee 6312 .1-12 2 34 41 IN 1281 Newpon-Misa Unified School Dislrict'liusl�,e f, 3714 1IF 1041 w7 Orange County 64405 25596 39.74% 15744 Orange County Water District 53773 21503 39.99% 13232 Orange County Water District Division 5 41164 17234 10683 Orange County Water District Division 7 gM3809 :74633 _41.87% 133.550% 2763 Rancho Santiago Community College Distrlci 17 7 41:181% Rancho Santiago Community Colloge District 1,7 41,18% Santa Ana College Imp Dist No. 1 of RSCCD 17 7 41.18% 5 Santa Ana Unified School District 17 7 41.18% 5 South Orange County Community College Dis 7961 2977 37.39% 1873 South Orange County Community College Dis '1 7961 1 2977 37.�9% State Board of Equalization (4th District) 64405 25596 39.74% 741 644051 25596 39.74%1 1 15744 M Grand Totals Orange County Statement of Votes Page 845 of 1851 CITY OF NEWPORT BEACH Member,City Council,District 7 0 co A 0 0 IX Q. E z chi v Q 0 2 0 F > E 2nd Supervisirial District 64405 47279 7341% 30255 4 Senate District 37th San 64405 47279 73 41% ��a Zd' 30255 48th 0;g�jssjonal District 64405 447279 7 .4111. »30256 73.41% 3025 5th Judicial (Harbor Court) 64405 47279 74th Assembly District 64405 47279 73.41% 30255 Coast Community College District 56427 41559 73.65% 26601 Coast Community College District Trustee Are 56427 41559 73.65% 26601 Costa Mesa Sanitary District 3768 2844 r 75 48% 1757 I county Boar f EducationTrustee Area 2 6,21 1 2 __630 1126 --- 69.42% ___i3.57% 694 t 6, 0:3 County Board of Education Trustee Area 5 46683 29867 Irvine Ranch Water District 11119 8165 73.43% 5205 Laguna Beach Unified School District 787 d +34 1 Ij 617 78.40% 377 Mesa Gonsolid-ated Water District nor 2066 i653 c61 .11% 1332 1063 mesa Consolidated Wate, District Division 1, 2867 157.66% Mesa Consolidated Water District Division 5_ 5,13 64405 4 3,; 47279 79.74% 269 Municipal Water District Of Orange County 73.41 9/. 30255 Municipal Water District of Orange County Div 3410 2086 61.17% 1332 Municipal Water District of Orange County Div 60995 45193 74.09% 28923 Newport Bea-h, E14405 4"-79 7341 °j° 30255 Nowpo,'Wivis;oi I rtaeachanl D at (), 5143 33 .4431. 3114 Newport Kv� rd D' JE ivision 2 9154 6151 67.19 Z1844 1 78.90% J 5244 Newport Beach Ward Division 3 -6538 8314 Newport Beach Ward Division 4 6641 4837 72.84% 3064 Newport Beach Ward Division 5 7757 6104 78.69% 4111 Newport Ward Division -3 7672 5896 76.85% Nevvp Ward Division 7 • eIr,08371 4,457 8.ox u 2864 Newport Coast Arinexatio n (Helon� �u�, .8 63601 1 5358 46654 76.1 3% 7,6 3.169 Newport-F4-esa—Unified --School —District - 73.35% 29873 Newport-Mesa Unified School District Trustee 6548 5110 78.04% 3232 Newport-Mesa Unified School District Trustee 34117 26116 76.55% 17057 Newport Meso Unified School District Trustee 13250 8800 66.42% 5393 Newp`o'r!-Me�sa Unified School District Trustee I iV- 6312 4490 71.13% 11808 Newporl-masq Unified School District Trustee 1 3714 2261 C7 42% 1 Orange County 64405 47279 73.41% 30255 Orange County Water District 53773 39492 73.44% 25337 Orange County Water District Division 5 41164 30939 75.16% 19927 5901 Orange, County Water District Division 7 1& 13109 '1' 9347 67.691t'. 0, Rancho Santiago Community Calls, District 17 47 064a P 4, 5 1 if Rsf,i�hij Santiago Community College Dis n !cI 17 8 47.0 '4 5 M Santa Ana College Imp Dist No. 1 of RSCCD 17 8 47.06% 5 Santa Ana Unified School District 17 8 47.06% 5 South Orange County Community College Dis 7961 5712 --- 71.75% 3649 �t A� 3649 somh Orange CQkioty Community College Dis 7061 5712 i 7 p% Suite of Equalization, e alizartlion (4ih District) 64405 47279 713.41% 4 iTotals: 644051 47279 73.41% 19 Orange County Statement of Votes Page 1832 of 1851 EE -City of Newport Beach L O r U 2 N m d O � 3 d N d z E d 0 U `o U L U t d L U d T d j W O d a a m 1- W z 0053052 z 891 ; ' 552 �^ 64.95%. 87 - 185 275 0053055 50 i c 39 76.0M,. � 1 �; `"°� 9 8 q 0053056 <? 7 3. ;, 5 71.43 °l:,l.,y 's-, 8, ,. 3 1 ,; 0053059 662 603 91.09% _ 244 281 0053062 757 596 78.73% 261 263 0053064 1118 849 75.94% 343 389 0053066 P 849 .. 6310 n 74.20 k 22 °' 298 0053067 x 3 60.00 ° 1 1 1y 3 0053068 L. 688 462 70.4E > °c It �° i ta7 272 0053069 463 _ 385 _ 83.15% 162 177 0053073 1050 516 49.14 % 161 283 0053074 1058 _ 793 74.95% 268 380 0053675 "3`,j4 /58/58 625 81.38`/ 2-3- - 303 269 005:076 ` 829 462 55.735 �4Yf� ,,� ]A1 _ °75 y ' "' ,'. 0053079, 1 pj 820 -.. X04 85.85/ 81.21% *'6 _ _ _ X 'V`.. -68 338 0053080 _ 745 _ 605 __. 238 273 0053081 1073 779 72.60% 266 364 0053082 847 673 79.46% 282 277 0053083 7J 'y, 991 332 83.96% 1 — 385 _ 350 • d 4.3 005308 ,4, 880 i1 685 7 7.61% i< 6 $ y=,., 207 294 00530.45?•, _•'�' 936 - 855 _ =_689 632 73.67°x, , , . 244 336 a - z•cr + < s. 0053086 73.92% 220 - ` 317 _ 7777 0053091 748 626 83.69% 251 291 0053093 774 649 83.85% 296 295 0053094 826 673 u? -„ _ nt' g ;(- ,; z dT 81.48!° 293 _ 317 - - -- 0053097 ° ;• 19 �'748 ' 453 63.OL /° Y i •. ri z ) _ 667 514 �- - 546 68.72% ;•.''� u - 2.77 200 - 0053099 81.86 % 212 271 - - -- 0053100 909 523 57.54% 190 248 0053101 1217 523 42.97% 179 258 0053102 - 455 367 a .40.66 � 177 .,,1 652 + S . 005314U, .�.., 0 0 (J.00% _ F 0 I' '_ z _ t p "1xµµ,„ OQ53147 _ 61 602 82.19% . - r Ek� - _ _' 185 253 0053142 828 628 75.85% 183 360 _ _ _. _— 0053143 787 617 78.40% 181 339 0053144 760 568 74.74% 162 317 0053145 630 430 68. < < ^5% R 7 ,124 236 d`' 0053146 �± Y """ 1094 '849 77.51 %;� 273 45Q' 0053147 770 4-' 5eS 75.97°!° +1^ 192 '_ 329 642 71.65% 175 380 0053148 896 0053149 662 537 81.12% 149 308 0053305 901 729 80.91 % 224 406 0053 +09, "..µ.. 558 3 460 82.44 % �. -: . — -201 f ._.. - a 27 � ¢p'It 0053317 402 ' 3'4 93.03°/ ` „ 141 177 4, 00533291009 .7777_ 811 768_0_.. 80:33°! 0053350 924 795 86.04% 314 410 0053351 975 654 68.10% 244 317 0053353 882 785 89.00% 333 372 -_ 00531754 ,r rt8 721 - - 9' 3'_ 46.74 °l° 1 i —7777 i26 163 g 0053355, 1024 48.83h 200 n _. _SQO _ _! _ _.. _ .. -- 2225 _ e1._s 20 Orange County Statement of Votes Page 1833 of 1851 21 C O L U R d N_ m O � G d L n O Z v V O C N 0 A c U a m a m m 3 W w O z a } 0053359°; -M 237 s 534 64.26% `7 227 S}=3't_. 240 i. `t 3 ! 0053360 780 598 76.679/6 __. i 245 274 0053361 786 581 73.92% 232 261 0053362 531 385 72.50% 129 208 OOs331 Cc � ti1`� 17,9 -12 61.83% g 198 f g30S a- 00�'300 zg-€ '613 ' 662 61.43% " g ,. 246 � 3 , 0p3 ?7C 'r; r 57 436 576 ° _ -_ 56 2 s _ ; �e: s •a 0053371 852 652 76.53% 309 277 0053372 960 830 86.46% 358 367 0053373 17 8 47.06% 1 5 0053376 , 664 , 446 67.17% s w , .lt' Vr " "• 136 ', r 0053377 `7'55 515 r, 53.87% .? 124 ?8� �, {.. 00533 4, h pT75 6 ?3 60.39% _ _ lJ4 y 31l $r,,: ., k .,.t 0053379 1024 845 82.52% 300 456 0053380 943 640 67.87% 160 348 0053381 448 334 74.55% 131 152 0053384 727 574 7°.95°/_ 1i I'0 ja3'8_-;_- ak 0053387 398 30+ ' 0. 12 %, 4 108 °159 t1 0053388 8.4 560 i; 64.07:'. y # TM_; `'�" t 196 256 1, '�`' ✓`" `_ 0053389 _ 938 740 78.89% _ig 281 355 0053393 1111 522 46.98% 164 264 0053395 598 471 78.76% 159 241 0053402 `i` { , 553 415 75.77% - � ;f 157 210 '19 J 0053601 074 5,10 78.64% `.. 1 ¢ 14% i 00536_02 '' 338 ' 280 }' 82.84% .: i w„ 9J 1231 79.37% _ 454 609 _ 0053603 _ 1551 0053604 475 355 74.74% 135 171 0053605 1010 814 80.59% 359 350 0053606 ayf„ i -088 - 1634 i 78:26/ _ 603 $ 771 _ 0053607' #7 304 268 88.16% C z 100 i ry..120'' P t �., & u.. 0053608 ;kt 1 487 404 82.96% 148 ?-, 137 794 66.17% 243 0053609 1200 389 0053610 543 433 79.74% 134 215 0053901 56 43 76.79% 11 27 00$3902: - 112 86 1* 7-6.7-9-% 43 1 38 0053903 0 r jir C UO °! 4 0 0 0053904 218 167 x76,51 ° /. °, 48 __ 95 0053905 2 2 160.0M% 0 2 0053906 2 1 50.00% 0 1 Totals: 64405 472791 73.41% - 17532 =k 23046 21 Early Voting Totals Orange County Statement of Votes Page 1834 of 1851 EE -City of Newport Beach 0 L u � m v N m a 0 o 01 `m 3 N m Z E v O U O H 0 o w a m m w w o z m r 2nd Supervisorial District R ; xg 64405 a ,142 0.22'%'. - ' 52 ° 76 37th Senate District - + ' *" 4e 54405 " 142 0.22% ffr " 62 _ 76 a8th Congressidnal District_ '4"' .. 64405 142 0.22 "; >, = - 52 75 5th Judicial (Harbor Court) 64405 142 0.22% 52 76 74th Assembly District 64405 142 0.22% 52 76 Coast Community College District 56427 121 0.21% 48 62 Coast Community College District Trustee Ar .k 55427 1211 0.21% ? L 48 62 C.,sta Mesa Sanitary District .c ,376?? 7 + 0.19% +y 0 'i , "I 5 , Coiinh Board of Education Trustee A, Ise 2- f 6 .0.37%' # 0 4 County Board of Education Trustee Area 5 __1622 63457 140 _ 0.22% 52 76 Irvine Ranch Water District 11119 20 0.18% 2 13 Laguna Beach Unified School District 787 2 0.25% 1 1 Mesa Consolidated Water District 3;10 —� - 0.211% 41 "? 5 vfi- Mesa ansohdated Water District Division 1 2867 ? 0.24 " /0 4 3 x . Mesa Consolidated; Water 'District Division 5 e. ,.. 543 0 0.00 °k i t ,. ` 0 0 Municipal Water District Of Orange County 64405 142 0.22% 52 76 Municipal Water District of Orange County Div 3410 7 0,21% 4 3 Municipal Water District of Orange County Div 60995 135 0.22% 48 73 Newpuu Beach. 3 5. r64405 142 022% ;} .S2 °s.-• r6 _ Newport Beach Ward Division 1 d ,�d =8107 '' 1 17 0.2111. . ` 8 9 . _ - Newpnrt Beach Ward Division 2' _ -9154 17 019f ._ 10538 13 0.12% J 5 6 Newport Beach Ward Division 3 Newport Beach Ward Division 4 6641 10 0.15% 2 7 Newport Beach Ward Division 5 7757 17 7 7 _ Newport Se ich Wad "Division 6 '� "° F fi ?2 ?. a y ^ 17 —0.22% U''2 %% 4' #t ' 7 r �.7 Newport peach Ward Division 7 a f 876 v. 12 f .10% C - 1 8 Newport Coast Annexation (Helon} `,k <_ " 703F. 63601 + 72 J 140 0.17% 0.22% `_ ' t 2 51 _ 8 75 _�vse`` Newport-Mesa Unified School District Newport-Mesa Unified School District Trustee 6548 11 0.17% 3 6 Newport-Mesa Unified School District Trustee 34117 83 0.24% 26 47 Newport Mesa Unified School District Trustee .13256 s x i 2727 , 4 0.201 s +. '13 ,.12 Newpor PI Unified Sc}rnol G strict fnw�lee 631:? � 4 U O6% - 1 '3 Newpon Mesa Unified SI Disincl I costae 3714 � 42 0.32% `- "'% i r'" 5 _ Orange County 64405 142 0.22% 52 76 Orange County Water District 53773 121 0.23% 48 61 Orange County Water District Division 5 41164 97 0.24% 37 50 Crarye County Water Oistiict Divrs.on 7 ' 0 19% _ � � 72 13900 26 12 Rancho Santiago Community College District 17 0 V.JOyo - °. S_ .. 0 a�. '0 - r ,.,. Rancho_ Santiago Community College District _ 17 ., ;$,: o ;_ u.OP% -... "•^ _ .: x , 0 t_ " Ill) N(r wA_ # - Santa Ana College Imp Dist No. 1 of RSCCD 17 u 0.00% 0 _ 0 Santa Ana Unified School District 17 0 0.00% 0 0 South Orange County Community College Dis 21 0.26% 4 14 South Orange County Community College Dir. _ _7961 - 796" -' 0.26% - - -- 'K 141 ! 21 - .. — z 4 -- .. State Board of Equalization (40h Distncii '" 64405 -,142 -` 0.22 "e Totals: 64405 142 0.22% 52 76 22 Vote-by-Mail Totals Orange County Statement of Votes Page 1835 of 1851 EE-City of Newport Beach o U 0 IX Z E 0 0 2 IL 0 M J 1- W 0 Z 0 � 2nd Supo�.Isorial'Dlstrict 6.1405 P� 25596 6 3c.74% 9470 13010 a VIe 37th Senate District F &WOR 25596 39.74% v 9470 13010 c; 481h Con gressional District �;64405 Z W2559 r" 39.74% 9470 13010 5th Judicial (Harbor Court) 64405 25596 39.74% 9470 13010 74th Assembly District 64405 25596 39.74% 9470 13010 Coast Community College District 56427 22612 40.07% 8570 11352 ge District Trustee Coast Communitv Collec 56427 21,612 40.07% 3570 11352 Costa`IM`e"ua-"S;mitaiy Distrip ,t 3768 1515 40. 1% 1 772 Countv Board of EducatioaTrustee Area 1622 si(i 18 8 2 I 54 County Board of Education Trustee Area 5 63457 25319 39.90% 9375 12867 Irvine Ranch Water District 11119 4353 39.15% 1402 2388 Laguna Beach Unified School District 787 312 39,64% 86 174 Mesa Consolidated Water District I- A"3470 922 27.040% 111 289 485 re -onsolidated Water Disirict'Division 1, Mes�'C it% 286� 11 714 2.1.90'% 1� i 233 373 Mesa Consolidated Water District Division 5 . ,, "?p813, ..206 38.31% A 56 , 4 Municipal Water District Of Orange County 64405 25596 39.74% 9470 13010 Municipal Water District of Orange County Div 3410 922 27,04% 289 485 Municipal Water District of Orange County Div 60995 24674 40.45% 9181 12525 Newptill Beachd&: P4405 ,,25599 39 70� A"L9470 13010 p ;,W-. Nowporl boach Ward Division 1 - '�.hWard 8107 -so g 30 95% (170 41 1165 M ow t§ Beach 1 Division 9154 4sN 2951 32- 4% 064 1502 Newport Beach Ward Division 3 10538 4426 42.00% 1668 2242 Newport Beach Ward Division 4 6641 2446 36.83% 886 1242 Newport Beach Ward Division 5 3574 46.07% 1424 1767 Newport Beach Ward Division 6 > 1�, " _7757 "r,1 1'672 3509 1310 1-750 Newport Beach Ward Division 7 git 58713 4,4'2523 F -42.94% 805 142,1 N owpail Coist Annexation (Helen) A,4 7038 292? i.59% 909 1660 Newport-Mesa Unified School District 63601 25277 39.74% 9383 12831 Newport-Mesa Unified School District Trustee 6548 2810 42.91% 1060 1419 Newport-Mesa Unified School District Trustee 34117 14907 43.69% 5351 7756 JewFOr Mesa Unlhed School riiStnrt -r - Fee NPw,ZiI-MWlJaified qejioc.T DistrIct Trustee -F,-- 1,13250 1331L - A��4284 , V2172 a - - - 17-94- M t-; *177 4 1134 .4 , WA; i P J, K' ' 32.33% 34.41% es 'Uniiii&I ��Wrt - A d 4 '41*) IIMNA: 10 A CIT Newpoi SO ool Dislri Mesa I icl Trustee -714 ",-,1041 28,011% 6, - 523 39.74% Orange County 64405 25596 9470 13010 Orange County Water District 53773 21503 39.99% 8180 10745 Orange County Water District Division 5 41164 17234 41.87% 6562 8639 bromige-Count-yWaler District Division 7 A, 13809 1 463 1 iC 1732 2305 aS 33,55% Rancho Santiago Community College District 7 7 @5 41.18% 9 o Ir Rzu'rich' Simiaijr'� Community College I rict 0 41.18% 5 41.18% 5 Santa Ana College Imp Dist No. 1 of RSCCD 17 7 1 Santa Ana Unified School District 17 7 41.18% 1 5 South Orange County Community College Dis 7951 2977 37.39% 899 1653 South (,range Counh, Community College Dis 11-1 � 7961 2977 37300/, f iF N 16-3 , State Board of Equalization (4th District) W 04405 2 59 39,14% 9470 13010 I F, N 1Totals: 1 644051 255961 39.74%1 1 94701 13010 1 23 Grand Totals Orange County Statement of Votes Page 1836 of 1851 EE -City of Newport Beach G o L as v N m y O � 3 s y z v A U `o w 0 i H o N e- R m r W W O z d Y 2nd Superv6wial District �"r.. 64405 47279 73.41%; - -. 1'532 23045 rl r s +^ 3701 Senate District ti ' �r W 64405 47279 73,41% ' R 175321 23046 4_8tri Congressional District 64405 47273 73.41% > -;`° 17532 i 23046 5th Judicial (Harbor Court) _;f,,Y 64405 47279 73.41% 17532 23046 74th Assembly District 64405 47279 73.41% 17532 23046 Coast Community College District 56427 41559 73.65% 15847 19917 Coast Community College District Trustee Are Costa Mesa Sanitary District '� 56427 'S 3768 41559 2844 z 73.65% 75 48 % r 15847 ° 1019 aw9917 1357 T _ ;rt County Board cf Education Trustee Area 2 ,L, '1622 63457 1126 k, 'F0 42 , at 495 17335 o� 523 22742 ,6 County Board of Education Trustee Area 5 46683 73.57% Irvine Ranch Water District 11119 8165 73.43% 2587 4352 Laguna Beach Unified School District 617 78.40% 181 339 ---787— Mesa Consolidated Water District 1-p (- 3410 2086 .61.17% ^" - -- -- — 1 687 1016 Mesa Consolidated Water Ctslrict Division 1 ,g' 2867 1653 r.,7 r6 io � 553 '' 801' 3 Mesa Consolidated Water District Division i!_ 543 433 70.,4'/° �� . 134 v 215 _5_ Municipal Water District Of Orange County 64405 47279 73.41% _ _ 17532 23046 Municipal Water District of Orange County Div 3410 2086 61.17% 687 1016 Municipal Water District of Orange County Div 60995 45193 74.09% 16845 22030 Newport Beach _f", Newport Beach Ward Division ''i ' 54405 47279 k. 13 41 r 17532 23046 0 "� ^303 �1 ° 1,, 810Y 0143 6..44% .: [ 2187 t a Newport, Beach Ward Division 2' r 9154 6151 67.19% Jy,;: ' -1< 2206 y 8314 78.90% _ Newport Beach Ward Division 3 10538 3282 3897 Newport Beach Ward Division 4 6641 4837 72.84% 1697 2383 Newport Beach Ward Division 5 7757 6104 78.69% 2441 2886 Newport Bea f. Wart Division 6 gx 6 "2 ,1896 22J2 2828 "� x.76 85 /° Newport Beach Ward Division 7 7 5876 4457 '� _5 8 ' u . - 1389 2452 of NSwnoft Coast Annexanon (Helen) a _ _7_038 ,358 �7b 113% _ * 9624 2972 73.35% 17350 22702 Newport-Mesa Unified School District 63601 _ 46654 _'s Newport-Mesa Unified School District Trustee 6548 5110 78.04% 2018 2389 Newport-Mesa Unified School District Trustee 34117 26116 76.55% 9324 13146 Newpor Mesa Unified School District 11.stee 1��50 8500 u6a�% 1 1;, _ 3582 3978 Newpor Mesa Unified School Disbic Try .ea (3312 4490 - '71.13% �� 1641 2.153 Newpor: Mesa Unified School Disinct rrus!ee 3,114 2281 ';1 61.42 °!0 ? ,,,4 780 1097 . Orange County 64405 47279 73.41 % 17532 23046 Orange County Water District 53773 39492 73.44% 15077 18885 Orange County Water District Division 5 41164 30939 75.16% 11849 14846 Orange County Water District Dn slot 7i'.133C9 934 7 ],,t!37.69%, 3771 4428 Rancho Santiago Community College ]ishicl 17 ' 8 ( 47.06% 5 Rancho Santiago Community College Distrct z 17 8 47,06% r 1 '^ 1 1;'i 5 Santa Ana College Imp Dist No. 1 of RSCCD 17 8 47.06% 1 5 Santa Ana Unified School District 17 8 47.06% 1 5 South Orange County Community College Dis 7961 5712 71.75% 16841 3124 South Orange County Community College rats 7961 _ 5712 71.75% a a} $ 3127 "h, _ a 168.1 Slate Board of Equalization (4th Distnc 64405 47279 4 7341% 4 - - ,17532 23046 r Totals: 64405 47279 73.41 % 1 175321 23046 24