HomeMy WebLinkAbout02/14/1983 - Regular Meeting4,
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: February 14, 1983
MINUTES
imns :y
On behalf of the City Council, Mayor Hart expressed
thanks to Boy Scout Troop #746 for their
presentation in commemoration of National Boy Scout
Week.
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. Reading of the Minutes of the Meeting of
All Ayes
January 24, 1983 was waived, approved as
written and ordered filed.
Motion
x
C. Reading of all ordinances and resolutions under
All Ayes
consideration was waived, and the City Clerk
was directed to read by titles only.
D. HEARINGS:
1. Mayor Hart opened the public hearing and City
GPA 81 -3
Council review regarding GENERAL PLAN AMENDMENT
(45)
81 -3, a request initiated by the City of
Newport Beach to amend the Newport Beach
General Plan for Block 900 of Newport Center s
as to allow the expansion of the existing
MARRIOTT HOTEL with the addition of 234 guest
rooms, a ballroom, cocktail lounge and
restaurant, a video game room, related hotel
and service facilities, and a 574 space parkin
structure. The proposal also includes the
acceptance of an Environmental Document.
Property located at 900 Newport Center Drive,
on the southwesterly corner of Newport Center
Drive West and Santa Barbara Drive, in Newport
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Center; zoned C -O -H;
AND
TRAFFIC STUDY, a request to consider a Traffic
Tfk Stdy
Study so as to allow the expansion of the
Marriott Hotel;
AND
SITE PLAN REVIEW NO. 29, a request to approve
Site Pln
the proposed site plan in conjunction with the
Rev 29
expansion of the existing Marriott Hotel, and
to permit required off- street parking on a
demonstrated formula;
AND
USE PERMIT NO. 2095, a request to allow for the
U/P 2095
establishment of an electronic video game
center in the expanded Marriott Hotel facility.
This proposal also includes modifications to
the Zoning Code so as to allow for the use of
compact car spaces and automobile spaces that
are not independently accessible.
Reports from the Planning Department were
presented.
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A letter received after the printing of the
GPA 81 -3
agenda from Michael D. Stephens, Admin#strator,
Hoag Memorial Hospital- Presbyterian, requesting
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Council approval, was presented.
The City Manager addressed the Council, stating
that the Applicant was prepared to make a
special presentation at this time, and there
being no objections from the Council, asked
that questions directed at the Applicant and
City staff be reserved until" after the
presentation..
David Neish, Urban Assist, Inc., representing
the Applicant, the Marriott Hotel, addressed
the Council reviewing the five different
applications relating to the Marriott Hotel
expansion: General Plan Amendment, which would
allow for the existing 317 unit hotel to expand
by a total of 234 units; acceptance of an EIR;
site plan, which would provide a new 210 room
tower with related hotel facilities; use
permit, which would request an allocation for a
reduction in parking; and traffic study, which
would allow for the expansion of the Marriott
that shows compliance with the City's Traffic
Phasing Ordinance.
At this time, Mr. Neish introduced Dick
Senechal, Local Project Director from
Washington, D.C.; Ray Kovacks, Newport Beach
General Manager of the Marriott Hotel; and John
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Moore, Principal Partner, Flatow, Moore, Bryan
and Associates, Albuquerque, New Mexico, who
were in the audience and assisted in tonight's
presentation.
Mr. Neish turned the presentation over to Mr.
Moore, who addressed the Council and utilized
models and slides to explain the project as it
is now, and also which enacted the image of
what the project will be like when finished.
At the conclusion of his presentation, Mr.
Moore turned the presentation back to Dave
Neish.
Mr. Neish addressed the Council, requesting
five additional minutes.
Metion
x
Motion was made to grant the request for five
All Ayes
additional minutes.
Mr. Neish continued with his presentation,
updating the Council regarding the issues
raised by the Planning Commission during the
December 9, 1982 meeting regarding:
Traffic - The proposal is estimated to
generate only 2,800 daily trips, with only
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Volume 37 - Page 48
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
G
A Z�•Q SJP February 14, 1983
MINUTES
INDEY
190 occurring during the peak hour period.
GPA 81 -3
Mr. Neish indicated that a large number of
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these trips probably occurred during the
evening hours when there is not a traffic
problem, particularly not in Newport
Center. There were 24 intersections
analyzed by the City staff and Traffic
Consultant: Wes Pringle, and with
mitigations, none of the intersections
exceed the .9 limitation, and as a result,
the proposal complies with the City's
Traffic Phasing Ordinance. The
circulation system the City staff is
requiring as conditions of approval will
be met and concurred with.
Parking - Another issue raised was that'of
parking, and as a result, a special
parking study was, again, performed by
West Pringle, and the study concluded that
the Marriott Hotel Study provided parking
on a ratio of 1.26 spaces per room, and
that summer weekend demand, which is
higher than winter, or weekday demand, is
represented by 1.31 spaces per room.
During the summer weekends, surveys
conducted (during the months of July and
August) showed an overflow occurred for
the existing operation and also during
special events when the demand for parking
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increased. In both cases, however, the
use of tandem parking by the existing
valet accommodated the cars on the site of
the Marriott Hotel. On one occasion, an
additional 125 cars were able to be
accommodated by the valet tandem parking.
The City's parking study concludes that
tandem parking can easily accommodate the
nominal operating demands of the hotel.
As a condition of approval, the City staff
is requiring that the Marriott Hotel must
obtain an agreement to utilize Fashion
Island, or other adjacent facilities
during construction for overflow during
peak periods, and for the special events.
During most of the year, a significant
amount of excess parking exists in Newport
Center. Also, it must be remembered that
practically all of Newport Center,
particularly Fashion Island, is.primarily
a daytime activity use, whereas the
Marriott is primarily a nighttime use.
We have the advantage of being able to
project well into the future when these
peak occasions will occur, and with the
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February 14, 1983
INDEX
assistance of Mr. Kovacks, he can tell us GPA 81 -3
when those major fund - raising and civic
functions, at the Marriott Hotel are going
to be, so that at this point, the hotel
will have the opportunity for their
employees to park at one of the adjacent
facilities. The Applicant feels that
parking is not a problem, and the City
staff has concluded in their staff report
that they also feel that parking is not a
problem, provided that the 10 conditions
of approval, which they are requiring the
Marriott Hotel to meet, will be met.
Again, the Marriott Hotel concurs with the
conditions, and they will, in fact, be
met.
Airport Impaction - The final issue was
that of impact on the airport. There was
a survey conducted at the Marriott Hotel
indicating that approximately 50% of the
guests that stay at the hotel arrive by
air which;, by the way, is lower than all
other hotels in the airport (Newport
Beach -Costa Mesa) area. Of the 50 %, 23%
utilize John Wayne Airport. In other
words, a great majority of the people that
stay at the Marriott Hotel that arrive by
air come into LAX, Ontario or San Diego.
x
Motion was made to grant another five minutes
to finish Mr. Neish's presentation.
Mr. Neish continued that another fact is
that the Marriott guests stay an average
of two to three nights, whereas many of
the other hotels in the area, such as the
Sheraton, Airporter Inn, and Registry,
experience less than two nights, in fact,
some of them less than one night on the
average. The figures that the EIR
indicate are very subjective. Both the
City's staff and the EIR Consultant
recognize this. The guests that will stay
in these 234 rooms are already coming to
Newport Beach, or the immediate airport
region. In other words, the market demand
is based on a regional standard, and not a
local standard. It can be assumed that,
if these units are not going to be built
in Newport Beach, they will be built
somewhere else in the nearby regional
vicinity.
Mr. Neish stated, that in the Applicant's
opinion, they do not feel that Newport
Beach, alone, can resolve the airport
issue regarding hotels. As we all know,
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February 14, 1983
INDEX
hotels are being built in Irvine, Costa GPA 81 -3
Mesa, Santa Ana, and Anaheim, etc., and
you can believe those people are going to
utilize John Wayne Airport even more than
the Marriott Hotel guests.
The additional rooms will provide over $1
million per year of revenue to the City of
Newport Beach. He stated that the
Marriott Hotel does not think it is wrong
for the City to reap some'of the benefits
that all of the neighboring cities are
taking advantage of, and respectfully
requests that they hoped the City does
not, either.
He maintained that, after a thorough
review, the City's staff and the EIR
Consultant concluded there are no
significant environmental impacts
associated with this proposal. He pointed
out that there are some very significant
financial benefits to the City, such as
the bed tax and sales tax revenues. The
expansion will provide additional rooms,
and at the same time, improve what the
Marriott feels is an already outstanding
facility. Therefore, he respectfully
requests Council's approval of the
proposed project, and he was prepared to
answer questions of the Council.
In answer to Council's inquiry regarding the
difference of this year's expansion, as
compared to last year's expansion of the
Marriott, Mr. Neish stated that first of all,
there was a change in the number of rooms, and
that is based on the market demand which has
occurred in Orange County. The Marriott has
decided to substantially upgrade the type of
facility to a much higher quality type
facility. The ballroom facility containing
5,500 sq. ft., is the same as what was
originally proposed. The upgrades are somewhat
insignificant changes, but are changes
nevertheless. A dramatic change was for a
subterranean parking facility vs. an
above- ground parking structure, for the main
reason to accommodate the Fire Department,
which would enable them to maneuver their fire
fighting apparatus more successfully. The
reason for the height change from 130 ft. to
the proposed 152 ft., is that they have
changed the style, due to larger and wider
rooms, with less rooms per floor than the
original approved plans, 16 -18 rooms per floor;
originally 24 rooms per floor.
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CITY OF NEWPORT BEACH
MINUTES
February 14, 1983
In response to Council's inquiry regarding the GPA 81 -3
$1 million per year in revenue to the City, Mr.
Neish clarified that this was total revenue
from the entire hotel; the existing hotel
represents approximately $600,000, and the
expansion, approximately $400,000 (additional
revenue generated from bed and sales tax).
This does not take into consideration the
guests that will stay at the Marriott that shop
in the numerous businesses and restaurants in
Fashion Island.
The City Manager referred Council to the staff
report regarding the intent of Resolution No.
9009 and General Plan Amendments 79 -1, and
80 -3. He stated that these items were approved
at a time when the Council expressed concern
about piecemeal growth. Some studies were
requested by the Council, which ultimately
culminated in not only suggested buildup in
Newport Center, but all the vacant parcels
within the City of Newport Beach. Resolution
No. 9009 came before the Council during the
period of time that the City wanted to see
total effects upon the infrastructure of the
City. Resolution No. 9009 dealt with just
Newport Center and listed the existing,
proposed, and the total of the following uses:
office and medical, commercial retail
restaurant, theatre, hotel, residential, civic,
cultural, automotive, golf course and tennis
clubs. With respect to hotels, the existing in
1977 showed 377 rooms; the proposed showed zero
in terms of expansion, and the total again
shows the 377 rooms, which was existing at the
time in the Marriott, and that is the current
status today. The current General Plan, which
has been amended a number of times since 1977,
still does not permit additional hotel
expansion, thus the need for tonight's hearing.
The Planning Director, in answer to Council
inquiry concerning future hotels not covered in
the staff report, stated that in Newport Center
there is a proposal in Block 800, which is the
subject of a part of the General Plan Amendment
currently being heard by the Planning
Commission, and that would be to restore 80,000
sq. ft. of medical office in Block 400. The
subject of a future proposed hotel would be a
separate General Plan Amendment that has been
initiated by the City Council, and under the
current scheduling the Planning Department
anticipates holding a public hearing before the
Planning Commission, either the 2nd meeting in
April, or the 1st meeting in May.
Volume 37 - Page 52
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
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Z��1 ��G$P February 14, 1983 INDEX
The City Manager, in response to Council
GPA 81 -3
inquiry, clarified_ that the 1.31 parking.ratio
(801 spaces) was a condition of approval, with
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768 spaces being on -site and 33 being off -site
covered with a future off -site parking
agreement.
With regard to the traffic improvement funds,
the City Manager, referred Council to the EIR,
page 71 (summary of the recommended
improvements). Specifically, on legal grounds,
the City separated two types of improvements;
the latter improvements before occupancy refers
specifically to the traffic study that was
done, pursuant to the Traffic Phasing Ordinance
and Council Policy S -1. He stated that the
City had previous opinions that the Traffic
Phasing Ordinance requires improvements to
particular intersections to bring the ICU count
down to .9, or less, and the $242,000 is an
estimate which could actually be higher or
lower in reality, but legally, the funds cannot
be co- mingled with alleys, etc., because the
Traffic Phasing Ordinance isolated specific
intersections, and specific work that has to be
done.
With regard to approval of future hotel
facilities, the City Manager stated that it may
be more difficult for them to meet a reasonable
cost for the Traffic Phasing Ordinance
compliance. Unless there is an overriding
social consideration, by vote of the Council,
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their intersections must meet the .9, or
Council cannot approve the Traffic Study.
Therefore, it is impossible at this stage to
predict if any future hotel facility could be
approved that would generate that amount of
traffic.
The Planning Director, in response to Council's
inquiry regarding the C -O -H zoning and what
discretionary action could be taken to limit
any project, stated that would be the action
before them on the General Plan Amendment and
EIR. Council could approve the EIR as being
complete and adequate and in conformance with
State law, and still deny the project. If the
General Plan Amendment is denied, then the rest
of the suggested action on the agenda becomes
moot.
Upon invitation of Mayor Hart, the following
people addressed the Council:
John McCabe urged approval of the project,
referring to the fact that the City needs
a broader tax base, and that if this
Council does not approve the project, the,
extra rooms will be immediately built
beyond Newport Beach City boundaries, with
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substantial revenues going elsewhere.
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February 14, 1983
INDEX
Tim Parker, President, Fashion Island
GPA 81 -3
Merchants Association, strongly urged
support for the Marriott Corporation
expansion;, citing the increased evening
hour business generated by hotel patrons,
especially down among the Bullocks- .
Wilshire wing of Newport Center. He also
stated that if visiting dignitaries and
company people could be accommodated into
hotels in the Newport Center area,
automobile traffic could be lessened.
Michael Stephens, Chief Executive Officer
of Hoag Memorial Hospital- Presbyterian,
stated he was appearing on behalf of the
Board of Directors of Hoag Hospital to
urge support for the Marriott expansion.
As he indicated in his letter to Council,
Hoag Hospital has been the beneficiary of
the Marriott Corporations interest in the
community, in particular, nonprofit
corporations and charities, benefitting
from the proceeds of the opening of the
original Marriott, and the numerous events
that have been held since that time. The
Marriott has been an exemplary citizen of
the City. With respect to the ballroom,
they have one particularly successful
event, the Christmas Carol Ball, which
could be expanded in considerable numbers,
thereby increasing the proceeds that go to
Hoag Hospital's Development Department.
With respect to keeping this event and
other functions with their particular
Newport Beach theme, history and
tradition, they would like to be able to
continue to utilize the Marriott Hotel.
Dick Nichols, representing the Corona del
Mar Community Association Board of
Directors, stated that the Marriott is a
convention- center -type hotel. The
additional ballrooms, meeting rooms, will
draw conventions to the City, thereby
increasing airport traffic. He expressed
concern regarding the fact that some of
the traffic capacity being used here
should be subtracted from the PC property
if we are going to keep the same General
Plan consistency. They have no particular
objections to a hotel, per se, but they do
have objections of some of the foregoing
aspects, and would like to see them
addressed by the Council, prior to
approval.
Volume 37 - Page 54
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CITY OF NEWPORT BEACH
MINUTES
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The City Manager, at the direction of GPA 81 -3
Council responded that the zoning is
C-0-H, but the General Plan would be the
factor that would set the total number of
rooms rather than zoning, because the 3 x
buildable, as Mr. Nichols indicated, could
go many, many more rooms than that which
is being proposed here. The Marriott
proposal of .7, is far below the General
Plan's condition number of buildable rooms
per floor area ratio of 3.0 allowed.
Pat Hollander, 213 Via Dijon, urged denial
of the Marriott application for.several
reasons. Should the Council consider the
Marriott from the whole of Newport Center,
they will have scrapped the General Plan
for the area, a plan in her opinion, that
was drafted with citizen participation,
and for the protection of local residents
and businesses. She was concerned.with
the number of hotels planned area wide.
These hotels will have a tremendous
cumulative! impact, in addition to the
Marriott, on pressures for John Wayne
Airport to expand. As a City most
impacted by the airport, and perhaps most
adversely affected by street traffic,
Newport Beach City Council should offer
leadership to help solve these problems
confronting Orange County, such as
pollution, overdevelopment, and traffic
congestion topping the list. She urged
that this proposed expansion of the
Marriott should be tabled until there is a
plan to take into account the surrounding
area, both within and outside of the City.
In response to Council's inquiry, the
Planning Director stated that the proposed
project is out of the PC District, and
that the PC zoning in Newport Center is
along Coast Highway.
Louise Greeley, 16 Swift Court, stated
that she endorsed the statements made by
Pat Hollander, and that the City will
never win the lawsuit regarding airport
expansion if they continue to supply more
airport customers. What justification is
there for considering the approval of even
more Marriott Hotel rooms, than were
requested in General Plan Amendment 80 -3,
the plan which resulted in being returned
because of the opposition of many
residents. She understands that the City
is in excellent fiscal condition, thanks
to the wisdom of the Council and City
Volume 37 - Page 55
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Manager, and agrees that there are some GPA 81 -3
attractive pluses regarding additional
revenues to the City. She urged the
Council to reduce the number of rooms
requested., stating that she is concerned
of the visual impact of the proposed
higher tower.
Elizabeth Braley, 1124 Estelle Lane,
confined her issue to the expansion of the
Marriott Hotel, which will promote
business in the Newport Beach area. She
suggested that the Marriott provide retail
space within the lobby of their hotel and
promote advertising in exchange for the
parking they desire in the Newport Center
area. If the Marriott Hotel wishes to
expand and profit, she felt that they
should take in all of Newport Center, and
together, they will all profit.
Katherine Jorgensen, 1517 Highland
Drive, stated she was opposed to the
construction of any additional hotel
facilities in Newport Beach. She felt
that anything else would he contrary to
the best interests of the vast majority of
residents of Newport Beach. She cited
increased ground and air traffic will
cause business and airport lobby interests
to press for further expansion of
facilities; and the additional rooms would
convert the Marriott into a businessmen's
convention hotel. She quoted that
Supervisor Nestande warned the City on
several occasions, stating that it does
not make sense for Newport Beach to work
at keeping the airport contained in size,
and then to allow more hotel rooms to be
built that will increase air and surface
traffic. She asked why do Newport Beach
decision makers look to the Cities of
Costa Mesa., Santa Ana and Anaheim as
models of city development worth
emulating, further stating that a city,
like individuals, can always use more
money. She urged the City Council to
break its track record of the past few
years of approving requests for additional
hotel facilities, and say "no ",to this
request.
Sue Ficker, 110 -9th Street, Balboa, stated
that the City "robs Peter to pay Paul,"
and that the City must keep increasing the
tax base through encouraged development.
She cited increased fire services, police,
water, and energy. She pointed out that
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February 14, 1983
hotels are not confronted with any type of
GPA 81 -3
water conservation, and they compete
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equally with residential uses. In
summary, she felt that the City needed to
do a great deal more studies regarding
water and energy uses by hotel facilities
before a decision is.made regarding the
Marriott expansion.
David Neish, addressed the Council regarding
the issues brought before them by residents
appearing before the Council, stating that he
had a couple of items that he had not mentioned
before. He stated that the Marriott Hotel is,
in fact, a convention hotel. Of the total
business the Marriott transacts, 13% is of a
convention business nature, but he feels that
this 13% is insignificant. The proposal before
the Council tonight doesn't mean that overnight
the Marriott will become a convention center.
They are proposing a 5,500 sq. ft. meeting
room. Another issue of concern he has heard,
is the zoning on the property, which allows 3 x
buildable area, allowing them to build 2,555
rooms on this site. They don't want to build
2,555 rooms and are proposing only 611 rooms.
Another issue, was that they are using up
everything and is there going to be anything
left. Again, the City has an adopted set of
standards, and in this case, the Traffic
Phasing Ordinance, which every applicant that
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comes before the Council must go through and
demonstrate that they, in fact, can meet the
requirements of that ordinance, as well as
those that come after the Marriott Hotel.
Another issue that Mr. Neish touched on was the
concern placed on the fact that 165 rooms was
sufficient two and one -half years ago, why
isn't that sufficient today. Since that period
of time, the hotel demand has increased in
Orange County substantially. He felt that the
Marriott proposal is very fair and regarding
the height of the building and fire safety,
that hotels are the most scrutinized in the
entire U.S., as far as fire safety. One issue
before the Planning Commission was of fire
safety, and they have sprinklers, fire alarms,
everything that possibly could be done by the
City's Building Code because of the recent
fires in Kansas City and Las Vegas.
The public hearing was closed, after it was
determined that no one else wished to address
the Council.
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Volume 37 - Page 57
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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8P19 @- t CAI B '9 ��'p ��S February 14, 1983
MINUTES
IM11M 4
Motion
x.
Motion was made: to sustain the recommendations
GPA 81 -3
of the Planning; Commission and approve the
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following:
(a) Adopt Resolution No. 83 -16 accepting,
approving and certifying the Final EIR
(Attachment A, Exhibit 1);
(b) Make the Findings contained in the
Statement of .Facts (Attachment A, Exhibit
2) with respect to significant impacts
identified in the Final EIR;
(c) Find that the facts set forth in the
Statement of Overriding Considerations
(Attacheme:pt A, Exhibit 3) are true and
are supported by substantial evidence in
the record, including the Final EIR;
(d) With respect to the project, find that
although the Final EIR identifies certain
unavoidable significant environmental
effects that will result if the project is
approved, those mitigation measures
identified in Attachment A, Exhibit
4, shall be incorporated into the
proposed project, and all
significant environmental effects
that can feasibly be mitigated or
avoided have been eliminated or
reduced to an acceptable level, and
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that the remaining unavoidable
significant effects, when balanced
against the facts set forth in said
Statement of Overriding
Considerations (Attachment A,
Exhibit 3), giving greater weight
to the unavoidable environmental
effects, are acceptable;
(e) Adopt Resolution No.83 -17 (as amended,
"that the Marriott Motel shall pay its
financial obligations as described in the
supplemental staff report of February 14,
1983. ") approving the amendment to the
Land Use Element of the Newport Beach
General Plan (Attachment A, Exhibit 5);
(f) Approve the Traffic Study with the
Findings and subject to the Conditions as
recommended by the Planning Commission
(Attachment C);
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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MINUTES
INDEX
(g) Approve Site Plan Review No. 29 with
GPA 81 -3
the Findings and subject to the Conditions
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as recommended (Attachment C);
AND
(h) Approve Use Permit No. 2095 with the
Findings and subject to the Conditions as
recommended (Attachment C).
Motion
x
Substitute motion was made to approve the
Ayes
x
x
Marriott expansion with the provision that the
Noes
x
x
x
x
x
height of the building tower not exceed 125
feet, and that the maximum number of rooms be
limited to 200 rooms, which FAILED.
Ayes
x
x
x
x
x
-
Following a discussion, a vote was taken on the
Noes
x
x
main motion, which carried.
2. Mayor Hart opened the public hearing regarding
Ord 83 -10
ORDINANCE NO. 83 -10, being,
Open Space/
Zoning
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(94)
AMENDING SECTIONS 20.11.040 AND 20.15.080
OF THE NEWPORT BEACH MUNICIPAL CODE AS
THEY PERTAIN TO REVISIONS OF THE OPEN
SPACE OPTION REQUIREMENTS FOR RESIDENTIAL
DEVELOPMENT,
PLANNING COMMISSION AMENDMENT NO. 852,
PCA 852
initiated by the City of Newport Beach.
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Report from the Planning Department, was
presented.
The City Manager addressed the Council, stating
that this amendment was approved by the
Planning Commission, and basically, it makes
the R -1, R -3 and R -4 consistent with the R -2 in
providing open space, permitting the exterior
stairways to extend into the cubicle open
space.
Brion Jeannette, 470. Newport Boulevard,
addressed the council in support of the
amendment to the Open Space option, and'
requested Council approval.
After it was determined that no one else wished
to address this item, the public hearing was
closed.
Motion
x
Motion was made to approve Planning Commission
All Ayes
Amendment No. 582, and adopt Ordinance No.
83 -10.
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February 14. 1983
INDEX
3. Mayor Hart opened the public hearing and City
U/P 3016/
Council review of USE PERMIT NO. 3016 AND
Resub 738
RESUBDIVISION NO. 738, requests of Oceanfront
(88 6 84)
Views, Redlands, approved by the Planning
Commission at its meeting of January 20, 1983,
to construct a two -unit residential condominium
complex and related off - street parking spaces
in the R -4 District and create one parcel of
land for residential condominium purposes, at
408 East Ocean. Front, on the northerly side of
East Ocean Front between Adams Street and
Coronado Street on the Balboa Peninsula.
Report from the Planning Department, was
presented.
The City Manager addressed the Council, stating
that the Applicant is proposing to demolish the
existing single - family structure and construct
a 2 -unit residential condominium complex, which
was approved by the Planning Commission.
After it was determined that no one wished to
speak on this item, the public hearing was
closed.
n
x
Motion was made to sustain the Planning
Commission's decision of approval.
yes
After discussion, the motion was voted on, and
carried.
E. PUBLIC COMMENTS: None.
F. CONSENT CALENDAR:
1
x
The following actions were taken as indicated,
yes
except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to second
reading and adoption on February 28, 1983:
(a) Proposed ORDINANCE NO. 83 -12, being,
Ord 83 -12
Veh /Pkg
AN ORDINANCE OF THE CITY OF NEWPORT
(63)
BEACH! AMENDING SECTION 12.40.055 OF
THE NEWPORT BEACH MUNICIPAL CODE
REGARDING PARKING OF CERTAIN VEHICLES
IN RESIDENTIAL DISTRICTS(Report from
Assistant to the City Manager)
(b) Proposed ORDINANCE NO. 83 -13, being,
Ord 83 -13
Penalty
AN ORDINANCE OF THE CITY OF NEWPORT
Provision
BEACH REPEALING SECTION 1.04.030 OF
(70)
THE NEWPORT BEACH MUNICIPAL CODE
REGARDING CREDIT FOR LABOR DURING
IMPRISONMENT (Report from City
Attorney).
Volume 37 - Paea 60
COUNCIL MEMBERS
V 0 �, 1 $ a
IaD9 9 t°�11 0 Op kp February 14, 1983
MINUTES
INDEX
(c) Removed from the Consent Calendar.
2. RESOLUTIONS FOR. ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution. No. 83 -19 authorizing the Mayor
Union Bk/
and City Clerk to execute an Agreement
Radio Twr
with The Irvine Company authorizing use of
Res 83 -19
Union Bank Building premises as a radio
C -1502
tower installation site. (Report from
(38)
City Manager)
(c) Resolution No. 83 -15 appointing Robert H.
City Atty
Burnham as City Attorney for the City of
Res 83 -15
Newport Beach, establishing the salary
(31)
therefor, and rescinding Resolution No.
83 -8.
3. CONTRACTS/AGREEMENTS:
(a) Approve Engineering Services Agreement for
Balboa Ycht
the Balboa Yacht Basin Reconstruction; and
Ban Rcstr
authorize the Mayor and City Clerk to
C -2377
execute subject Agreement with Ron Lundin
(38)
and Associates. (Report from Public
Works)
4. COMMUNICATIONS - For referral as indicated:
(a) To staff for inclusion in the records,
CATV /Grp W
•
communication from Group W Cable informing
Cable
the City regarding their new /expanded
(42)
programming.
(b) To Public Works for reply, request from C.
Agate /SBay
B. Knickerbocker to raise seawall at Agate
Fr Seawl
and South Bay Front.
(74)
(c) To General Services Department for
Garbage/
inclusion in the records, letter of
Trash
appreciation for assistance from trash
(44)
collectors servicing 111 Edgewater,
Balboa.
(d) To Planning Department for reply, request
Planning/
from V & R Enterprises, Inc., for refund
Use Perm
of use permit fee (video games).
(68)
(e) To Public Works for inclusion in the
Arches Brdg
records, recommendations /suggestions from
(74)
West Newport Beach Association regarding
their review of plans for reconstruction
of the Arches Bridge.
Volume 37 - Page 61
�M1111,511 71,11 1 q
COUNCIL MEMBERS
\A1 0Rn1 1 $A GAS February 14, 1983
MINUTES
INnF)f
(f) To staff for inclusion in the records,
- o
Legislation
communications /update from State of
(48)
•
California, Senator John Seymour regarding
potential impact of bailout revenues on
the City of Newport Beach.
(g) To staff for response, letter from Mayor
Legislation
of Anaheim, urging support from cities
(48)
within the California Air Quality region
to request: an exemption of federal highway
funds generated by the gas tax increase
from Environmental Protection Agency
sanctions.
(h) To staff for review, Notice of Secretary
CA /State
of the Business, Transportation and
Trnsp /Hsg
Housing Agency, Sacramento, proposing the
(28)
adoption, amendment and repeal of
Regulations.
S. COMMUNICATIONS - For referral to the City Clerk
for inclusion in the records:
(a) Copy of letter from (CASA) Citizens
Against Santiago Airport.
(b) Copy of letter regarding Chester M.
Rudnucki declaring that he is a U.S.
Democratic Candidate for 1984.
(c) Bulletin from United States /Mexico Sister
•
Cities International regarding
International Photo Contest.
(d) Minutes of January 12, and Preliminary
Agenda of February 9, 1983, from Orange
County Local Agency Formation Commission.
(e) Applications before the California Public
Utilities Commission;
1) #82 -12 -02/04 - Southern California
Gas Company /Pacific Lighting Gas
Supply Company; 2) #83 -01 -12 -
Advanced Mobile Phone Service, Inc.
and the Los Angeles SMSA Limited
Partnership; and 3) #83 -02 -04 -
Southern California Gas Company.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Al Aguinaga, dba Gentry Hair Salon, for
Aguinaga/
reimbursement of lost appointments
Gentry Hair
alleging he was not advised of water
Salon
shut -off on January 11, 1983, at 320 N.
Coast Highway.
•
Volume 37 - Page 62
•
•
•
MINUTES
February 14, 1983
(b) Consolidated Reproductions for property
damage, alleging vehicle struck by City
refuse truck at Pacific Coast Highway and
Jasmine Street on January 3, 1983.
(c) Paul Edward Coppen for reimbursement of
sun glasses not returned to him following
arrest by Police Department on January 29,
1983.
(d) Roy E. Hokanson for personal injuries
allegedly sustained as a result of road
construction sign falling onto sidewalk at
Pacific Coast Highway, near McDonalds
Restaurant: on January 30, 1983.
(e) John Reedy for personal injuries as a
result of accident at intersection of
Irvine and 19th Street, at Dover Drive on
October 13, 1982, alleging obstruction of
view caused by six -foot wall around Fire
Department: building.
(f) St. Andrews Village Condo Association
Application for Leave to Present Late
Claim, for property damage, alleging City
Utilities Department backed backhoe into
garage at 497 St. Andrews Place during
repair of water lines in June 1982.
(g) Paul Wheeler for alleged property damage
as a result of boat dock floating to other
side of marina, thereby flooding engine
and damaging whaler boat on November 30,
1982 at the Balboa Yacht Basin.
(h) John L. Blom Photography, for alleged
property damage /business loss as a result
of sewer overflow accumulation at 3040 E.
Pacific Coast Highway on November 9, 1982.
Rejected - Not timely filed:
(i) Arthur C. Butler, Jr., for reimbursement
of cost for professional services and
filing fees connected with Court Case No.
31- 86 -17, 'Loftis vs. City of Newport Beach
in August, 1982 (stemming from employment
with City as Police Officer)
(j) Shawn M. McGrath for alleged personal
injuries, property damage and false arrest
as a result of traffic collision at Irvine
Avenue and intersection with private road
on May 29, 1982.
Volume 37 - Page 63
0
Consld Repr
Coppen
Hokanson
Reedy
St. Andrews
Village C/A
Wheeler
Blom
Photography
Butler, Jr.
McGrath
,ItlV A
7. SUKKONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's referral to
•
the claims adjuster:
(a) Karl Gray and Alan Spann, Orange County
Gray &
Superior Court, Case No. 39- 39 -69. Claims
Spann
were filed with the City on July 1, 1980.
(b) Michael Murray Thomas, Orange County
Thomas
Superior Court, Case No. .39- 40 -61. A
Notice of Intention to Commence Action was
filed with the City Clerk on October 15,
1982.
B. REQUEST TO FILL PERSONNEL VACANCIES - For
(66)
approval: (Report from the City Manager)
(a) One Groundsman- Gardener I, Parks, Beaches
and Recreation.
(b) One Assistant City Attorney, City
Attorney's Office.
9. STAFF AND COMMISSION REPORTS - For Council
information and approval:
(a) Report from the City Manager regarding
Audits /S &M
CONTRACT COMPLIANCE AUDITS
C -2254
(SIMONIS- MORELAND).
(38)
(b) Report from Parks, Beaches and Recreation
PB &R /Srpls
•
Director :regarding SURPLUS CAPITAL OUTLAY
FUNDS.
Cptl Fads
(62)
(c) Removed from the Consent Calendar.
(d) STATUS REPORT- -COAST HIGHWAY WIDENING
Drft EIR/
DRAFT ENVIRONMENTAL IMPACT STATEMENT from
Coast H'wy
Public Works Department).
Wdng
(74)
(e) Report from City Attorney regarding
AIRPORT LEGAL SERVICES ESTIMATE FROM
JWyn Arpt/
O'DONNELL AND GORDON (C- 2331).
Sry
i38 )
(f) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING: None.
11. USE PERMIT 197:3 -- SMITH'S FOOD KING SHOPPING
U/P 1973
CENTER - Approve an entry agreement allowing
(88)
the City to enter onto the property located at
3100 Balboa Boulevard to connect into an
existing parking lot storm drain with City
alley drain. (Report from Public Works)
•
Volume 37 - Page 64
•
MINUTES
February 14, 1983
12.
TENTATIVE TRACT NO. 8725 - Approve two new
Tr 8725
subdivision agreements guaranteeing completion
of the traffic signal construction at the
intersection of Spyglass Hill Road and San
Miguel Drive, and at the intersection of Ford
Road and San Miguel Drive as required of
Tentative Tract 8725; authorize the Mayor and
City Clerk to execute the two agreements; and
accept the Ford Road improvements constructed
in conjunction with Tentative Tract No. 8725;
and authorize the City Clerk to (a) release the
Faithful Performance surety and (b) Labor and
Materials surety (Bonds No. 2614178) in six
months provided no claims have been filed.
(Report from Public Works)
13.
RESUBDIVISION 110. 681 - Approve a subdivision
Resub 681
agreement guaranteeing completion of the public
(84)
improvements required with Resubdivision 681,
located at 2121. Bristol Street, on the
southeasterly corner of Bristol Street and
Irvine Avenue, adjacent to the Newport Heights
area; and authorize the Mayor and the City
Clerk to execute the agreement. (Report from
Public Works)
14.
SEWER MAIN REPLACEMENT PROGRAM 1982 -83
Swr Mn Rplcm
(CONTRACT 2360) - Approve the plans and
C -2360
specifications; and authorize the City Clerk to
(38)
advertise for bids to be opened at 11:00 a.m.
on March 3, 1983. (Report from Public Works)
15.
APPLICATION OF THOMAS W. BURTON - Approve
Drvwy /Burton
construction for 60 foot wide driveway at 504
(80)
N. Newport Boulevard. (Report from Public
Works)
16. SPECIAL EVENTS PERMIT - Approve application JPeru
#83 -002 for Newport Dunes for professional (65)
fireworks display on July 4, 1983 (9 p.m. for 1
hr.).
17. BUDGET AMENDMENTS - For approval:
(a) Memorandum from Finance Director regarding
the following 1982 -83 Mid -Year Budget
Adjustments:
BA -052, $1,208,966.01 Net decrease in
Unappropriated Surplus and decrease in
Budget Appropriations and Revenue
Estimates; General Fund.
BA -053, $14,531.93 Net increase in
Unappropriated Surplus and decrease in
Budget Appropriations and Revenue
Estimates; Park and Recreation Fund.
Volume 37 - Page 65
(25)
•
•
MINUTES
February 14, 1983
IB
BA -054, $1.2,515.00 Net increase in T(25)
Unappropriated Surplus and decrease in
Budget Appropriations and Revenue
Estimates; Library Fund.
BA -055, $1.57,000.00 Net decrease in
Unappropriated Surplus and increase in
Budget Appropriations and Revenue
Estimates; Gas Tax (Section 2107) Fund.
BA -056, $94,300.00 Increase in
Unappropriated Surplus and decrease in
Budget Appropriations and Revenue
Estimates; Gas Tax (Section 2106) Fund.
BA -057, $124,000.00 Increase in
Unappropriated Surplus and increase in
Revenue Estimates; Fines, Forfeits and
Penalties Fund.
BA -058, $30,545.00 Increase in
Unappropriated Surplus and increase in
Revenue Estimates; Parking Meter Fund.
BA -059, $103,966.39 Net increase in
Unappropriated Surplus and increase in
Budget Appropriations and Revenue
Estimates; Tide and Submerged Lands Fund.
BA -060, $83,800.00 Net decrease in
Unappropriated Surplus and decrease in
Budget Appropriations and Revenue
Estimates; Contributions Fund.
BA -061, $140,941.27 Decrease in
Unappropriated Surplus and increase in
Budget Appropriations and decrease in
Revenue Estimates; Building Excise Tax
Fund.
BA -062, $83,975.00 Net increase in
Unappropriated Surplus and decrease in
Budget Appropriations and Revenue
Estimates; Water Fund.
(b) BA -063, $4,500.00 Increase in Budget
Appropriations for metal halide lamps to
replace existing lights at Mariners Park;
Park and Recreation Fund.
BA -064, $5,000.00 Increase in Budget
Appropriations and Revenue Estimates for
construction of two entry signs; Park and
Recreation Fund.
Volume 37 - Page 66
COUMCIL Ms M_
February 14, 1983
MINUTES
M
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Proposed resolution approving rules and
Newspaper
•
regulations promulgated by the Chief of Police
Rack Regs
regarding newspaper racks and stands was
(27 5 70)
presented with reports from Chief of Police and
City Attorney.
Noel Hatch, 2365 Midwick, Altaderm;_ Attorney
representing the publication, "USA Today,"
addressed the 'Council in support of the blue
and white news racks used by them.
The City Attorney explained that the
initial request for the news racks used by
the publication were approved, with the
understanding that they would look like
all the other racks, i.e., dark in
appearance and they would not have unusual
characteristics. Once the racks were installed
and the Police Department noticed that they
were not in conformance, thus the proposed
regulations.
Lt. Petersen, from the Police Department,
addressed the Council, stating that the blue
and white racks were approved in conformance
with an existing ordinance. The change in
regulations, as proposed, is to offset a
proliferation of various kinds of news racks in
the City.
on
x
Motion was made! to refer the resolution to
staff for further research, and that it be
Ayes
brought back for adoption on February 28, 1983.
2. Report from Mayor Hart concerning proposed
JWyn Arpt/
ORANGE COUNTY LEAGUE OF CALIFORNIA CITIES
Impvm
RESOLUTION, was presented.
(54)
Motion
x
Motion was made to accept the revised wording
All Ayes
on the proposed resolution.
3. The City Manager addressed the Council, stating
Ord 83 -14
that the proposed ordinance amending provisions
Newspaper
of Chapter 5.70 regarding maintenance /removal
Rack Mntnc
of newspaper racks in the City, since the
(27 b 70)
printing of the agenda, was structured to take
effect immediately, therefore it becomes an
00urgency" ordinance, and is, therefore, being
presented for introduction and adoption.
Report from the City Attorney, was presented.
Motion
x
Motion was made to adopt ORDINANCE NO. 83 -14,
Urgency
All Ayes
being,. AN URGENCY ORDINANCE OF THE CITY OF
Ord 83 -14
NEWPORT BEACH AMENDING PORTIONS OF SECTION
5.70.060 OF THE NEWPORT BEACH MUNICIPAL CODE
REGARDING MAINTENANCE AND REMOVAL OF NEWSPAPER
RACKS IN THE CITY OF NEWPORT BEACH.
•
Volume 37 •- Page 67
•
Motion
All Ayes
Motion
All Ayes
•
Motion
All Ayes
•
X
x
x
s ffid,
MINUTES
14, 1983
4. The City Manager addressed the Council, stating
that the recommendations made by the Technical
Oil Advisory Committee, as presented in their
Minutes of January 27, 1983, will be followed
by staff, and the necessary documents to bid
the operation in the manner of the consulting
engineer's contract, will be brought back to
Council.
Motion was made to receive and approve the
MINUTES OF THE TECHNICAL OIL ADVISORY
COMMITTEE, dated January 27, 1983, as
presented.
H. ORDINANCES FOR ADOPTION:
1. ORDINANCE NO. 83 -11, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH DESIGNATING THE SECTION OF
BAYSIDE DRIVE FROM EAST COAST HIGHWAY
TO EL PASEO DRIVE AS A 35 MPH ZONE,
presented for second reading and adoption, with
report from Traffic Engineer, dated January 24,
1983.
Motion was made! to adopt Ordinance No. 83 -11.
I. CONTINUED BUSINESS:
Technical
Oil Adv
(24)
Ord 83 -11
Tfk /Bayside
Dr -E1 Paseo
(85)
1. Appointments to the Citizens Advisory CAC
Committees for a one -year term expiring (24)
December 31, 1983 (appointed by Council upon
recommendation of each Council Member).
Memorandum dated January 10, 1983 from City
Clerk regarding remaining appointments or
reappointments, was presented to Council.
Motion was made to confirm the following:
Bicycle Trails Citizens Advisory Committee �BT /CAC
(District 1) Council Member Strauss's
remaining appointment deferred to March
14, 1983.
(District 4) Council Member Heather's
remaining appointment deferred to March
14, 1983.
(District 7) Council Member Cox's
appointment deferred to March 14, 1983.
Citizens Traffic Advisory Committee CTAC
(District 3) Mayor Hart's appointment of
Douglas Harrington.
Volume 37 - Page 68
•
Motion x
Motion x
All Ayes
All Ayes
too n
All Ayes
Motion
All Ayes
Motion
All Ayes
in
x
x
X
MINUTES
14, 1983
I. CONTINUED BUSINESS:
2. Resolution establishing the Ad Hoc Steering
Committee for the Regional Urban Design Assist
Team (R /UDAT), was presented.
Motion was made to adopt Resolution 83 -20, as
amended (appointment of three Council Members,
instead of two).
A straw vote indicated unanimous concurrence by
the Council for the amendment to appoint three
Council Members to the R /UDAT Ad Hoc Steering
Committee, vs. two, and adopted Resolution
83 -20.
The following appointments were confirmed:
Council Member Heather
Council Member Plummer
Council Member Strauss
Planning Commissioner Jerry King
Planning Director Jim Hewicker
Bill Blurock, Architect
Tom Moon, Architect
John Curci, Business Person
Bill Frederickson, Business Person
William R. Hamilton, Newport Harbor
Chamber Commerce
Ad Hoc
R /UDAT Cmte
(24)
Res 83 -20
3. Resolution establishing an Ad Hoc Councilmanic Ad Hoc Rdstrg
Redistricting Committee, was presented. Cmte
(24)
Motion was made to adopt Resolution No. 83 -21,
and the following appointments were confirmed: Res 83 -21
Council Member Agee
Council Member Cox
Mayor Pro Tem Maurer
4. Resolution establishing an Ad Hoc Election d Hoc Elctn
Procedure Review Committee, was presented. Prcdr Gmte,
(24)
Motion was made to adopt Resolution No. 83 -22,
and appoint the following: Rea 83 -22
Council Member Heather
Mayor Pro Tem Maurer
Council Member Strauss
Robert Burnham, City Attorney
Judge Calvin Schmidt, Resident
1. BOARD OF LIBRARY TRUSTEES.
Mayor Pro Tem Maurer presented the following
nominations for consideration, with one to be
appointed on February 28, 1983, to fill the
unexpired term of Thomas Edwards, ending June
30, 1984:
F. Holley Wilkinson
Gordon Glass
Volume 37 - Page 69
(24)
Bd
rr. -
1 n
A Aye
Motion
All Ay
El
Motion
All Ay,
0
MINUTES
February 14. 1983
INDEX
2. ARTS COMMISSION.
Arts Cmsn
(24)
X
Motion was made to accept the following
es
nominations for consideration with one to be
appointed on February 28, 1983, to fill the
unexpired term of Bill Agee ending June 30,
1985:
Pattie -Gene Sampson
Ervin Pashley, Jr.
3. Report from the Parks, Beaches and Recreation
PBSR /Bk -Ft
Director regarding BIKE AND FOOT RACES, was
Races
presented.
(62)
The City Manager addressed the Council stating
that the proposed Council Policy should give
the City more management and control of the
races, which addresses the unfavorable
responses that were received by the City
several months ago.
X
Motion was made to approve adoption of the Cit
Cncl Plcy
's
Council Policy I -21, requiring all races on
I -21
public streets to be co- sponsored by the City
through the Parks, Beaches and Recreation
Department.
K. ADDITIONAL BUSINESS:
X
1. Motion was made to reconsider Use Permit 3011
U/P 3011
x
x
x
x
with a public hearing and City Council review
x
x
x
scheduled for ]February 28, 1983, and to waive
the City's processing fees.
2. The City Manager addressed the Council,
Amus Dve
presenting a proposed resolution for adoption,
Bus Lic /Rgs
establishing an investigation fee for amusemen
(27)
devices, as required by ordinance.
X
Motion was made to adopt Resolution No. 83 -23,
Res 83 -23
es
establishing $75.00 as the standard
investigation application processing fee.
The meeting adjourned at 11:04 p.m.
22 2C
Mayor OF
ATT T:
City Clerk
Volume 37 - Page 70