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Home My WebLink About08/28/1995 - Regular MeetingROLL CALL • Present Motion All Ayes Motion All Ayes • is CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers MINUTES U'l M L,, r J TIME: 7:00 P.M. w Q�Cr > W >W W DATE: August 28, 1995 3I—MP 0Z W X g 2 0 0 0 I CLOSED SESSION - 5:00 p.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None RECESSED AT 6:59 P.M. RECONVENED AT 7:00 P.M. for regular meeting x x x x x x x ROLL CALL X Reading of Minutes of Regular Meeting of August 14, 1995, was waived, approved as written, and ordered filed. X Reading In full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: • Mayor Pro Tern Deboy requested an update and possible action on the LCP Certification from the Planning Department. • Mayor Pro Tern Debay requested a staff report regarding what the cost of the trash service is to the General Budget and suggestion /method of an appropriate users' fee. The City Manager commented that Trash Automation, Green Waste, Privatization, etc., information has been collected and the concept of a Study Session is being proposed for the Council within the next 2 -3 weeks. • Council Member Glover requested a report back from the Legislative Committee relative to conforming the definitions and reporting of the City's campaign contribution ordinance with State requirements. Mayor Hedges advised that the Legislative Committee has already met on this issue and made a recommendation to staff, and the City Manager was requested to relate this information to Council Member Glover; wherein the City Attorney commented that this issue would be before the City Council in the next 30 days. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: None Volume 49 - Page 367 NDEX ROLL CALL • Motion All Ayes • • CITY OF NEWPORT BEACH U� Q M w Q X r ¢CD w w w O UC90 w >w J, J+ August 28, 1995 CONSENT CALENDAR For the public's information, Mayor Hedges advised the three Supplemental Agenda Items (34, 35 an( which were issued after the regular agenda was pr are part of the Consent Calendar, and Item 37 Is Executive Search Contract for the City Clerk poi wherein he stated that the Council Committee v reviewed the proposals is recommending that F Andersen & Associates be hired as the executive se firm. X The following items were approved, except for those removed: Mayor Hedges advised that Council Member O'Ne abstain from voting on Consent Calendar Item 15 di a possible conflict of interest. ORDINANCE(S) FOR INTRODUCTION Schedule for public hearing on September 11, 1995: 1. Removed from the Consent Calendar. 2. Proposed ORDINANCE NO. 95 -39, AMENDING TITLE 20 OF THE NEWPORT 81 MUNICIPAL CODE TO REINSTATE NOTICE APPEAL PROCEDURES FOR SPECIALTY I SERVICE APPLICATIONS (PLANNING COMMIS AMENDMENT NO. 829). [Report from Plai Department] Pass to second reading on September 11, 1995: 3. Removed from the Consent Calendar. 4. Removed from the Consent Calendar. RESOLUTIONS) FOR ADOPTION 5. Resolution No. 95.96, approving considerati( ALTER THE RATE AND METHODS OF APPORTION OF THE EXISTING CIOSA SPECIAL TAX APPLIC ONLY TO CIOSA PARCELS. [Report from Attorney] Volume 49 - Page 368 that 1 36) nted the ition, (hich alph arch tems I will ie to IACH AND OOD SION ming )n to KENT ABLE City MINUTES INDEX Ord 95 -39 Zoning PCA 829 CIOSA Special Tax Res 95 -96 (68) CITY OF NEWPORT WEAVE1 MINUTES ROLL CALL v� W Qr¢cD QQwwo wxmmuuo } LO w 11� w >w °? ~ August 28, 1995 INDEX • CONTRACT(S) AND AGREEMENT(S) 6. GREEN ACRES RECLAIMED WATER PROJECT, USER Green Acres/ "ON- SITE" RETROFIT DESIGN /PROFESSIONAL ASL SERVICES AGREEMENT WITH ASL CONSULTING C- 3055 -B ENGINEERS (CONTRACT NO. 3055 -B) - Authorize (38) exception of a Professional Services Agreement with ASL Consulting Engineers to design and prepare detailed plans and specifications for subject contract at various City sites for a fee not to exceed $41,500. [Report from Public Works /Utilities Department] 7. VIA LIDO WATER PIPELINE PROJECT (CONTRACT NO. Via Lido Wate 3062) - Approve appropriation of $218,375 from Pipeln Prj Water Enterprise Fund Reserves; find that the lowest C -3062 bidder, R & L Sewer of Paramount, can meet the (38 ) requirements for completing the proposed contract work and declare them the "low bidder," and award subject contract to R & L Sewer in the amount of $198,523. [Report from Public Works /Utilities Department] S. Removed from the Consent Calendar. • 9. AMENDMENT TO CONSULTANT AGREEMENT WITH Gail Pickart GAIL P. PICKART, P.E. (CONTRACT NO. 2992) - C -2992 Approve Amendment No. 2 to Consultant (38 ) Agreement with Gail P. Pickart, P.E. for Project Management Services during FY 1995 -96 at a not- to- exceed amount of $120,000. [Report from Public Works Department] 10. UNDERGROUND UTILITIES ON LITTLE ISLAND ON Undergr BALBOA ISLAND. (PROPOSED UNDERGROUND Utilities/ ASSESSMENT DISTRICT NO. 78) - Appropriate the (Prpsd)Asmt sum of $45,000.00 from the General Fund as a loan Dist 78 to proposed Assessment District No. 78 to continue (89 ) the district; pay for the Engineer's Report, the Edison and Pac Bell cost estimates, Bond Counsel, and to carry the district through the public hearings; and approve a contract in the amount of, not to exceed, $24,950 for the district with the firm of GFB- Friedrich & Associates of Riverside to provide assessment engineering services for proposed assessment District No. 78 and authorize the City Manager to execute the contract. [Report from Public Works Department] • Volume 49 - Page 369 CITY OF NEWPORT BEACH MINUTES ROLL CALL QEWWO w3Qx000 _ ¢ > °Z w August 2s, 1995 INDEX • 11. ENGINEERING AGREEMENT FOR CONSULTING ENGINEERING SERVICES DMC ENGINEERING FOR DMC Engr Srv/ Subdivision SUBDIVISION PLAN REVIEW - Approve a contract in Pln Rvw the amount of, not to exceed, $30,000 for C -3064 Consulting Engineering Services for Subdivision (3 8 ) Project Plan Review with DMc Engineering of Irvine to provide Consulting Engineering services for subdivision project plan review and authorize the City Manager to execute the contract. [Report from Public Works Department) 12. CLAIMS - For Denial by the City Manager. (36 ) CRAFCO, INC., seeking indemnity from claim filed by Willard P. King, Jr., regarding in -line skating accident on August 22, 1994 on Back Bay Trail. Bree Ann Donahue, alleging vehicle towed in error from Newport Boulevard, south of 15th Street on July 29, 1995: seeking reimbursement of $155. Sherry Mata, alleging his car was towed in error from Newport Boulevard on July 29, 1995; seeking reimbursement. . • 13. PLANNING COMMISSION AGENDA FOR AUGUST (68 ) 24, 1995. 14. BALBOA ISLAND STREET LIGHT REPLACEMENT BI St Light PROJECT /PHASE 1 (CONTRACT NO. 3063) - Approve Rplcm /Ph 1 plans and specifications; and authorize City Clerk C -3063 to advertise for bids to be opened at 2:00 p.m. on (38) Tuesday, September 26, 1995 at the office of the City Clerk. [Report from Public Works /Utilities Department] Abstained x 15. NEWPORT LANDING RESTAURANT - Amend Resub 765/ Encroachment Agreement (Resub 765) to allow Encrchm Agm table service on deck in public easement (permit Amnd the Newport Landing Restaurant to provide food (8 4 ) service on the existing wooden deck on the bayfront where currently only nonexclusive seating is permitted). An amendment to the Use Permit must also be processed to permit this change. [Report from Assistant City Manager, Planning /Building Department] 16. Removed from the Consent Calendar. • 17. OLD NEWPORT BOULEVARD SPECIFIC AREA PLAN AD Old Npt Ell HOC COMMITTEE - Receive and file notes for SAP Ad Hoc meeting of July 18. 1995. [Memorandum from Committee Planning Department] (24 ) 18. Removed from the Consent Calendar. Volume 49 - Page 370 CITY OF NEWPORT BEACH 158ILILIVIM ROLL CALL � Q�wWO w 3 a M_ U ?w °Z (7 0 August z8, 1995 INDEX 19. HISTORY BOOK - Approve recommendation in (35) • report from City Manager to authorize City to participate as a co- sponsor at no cost and authorize the Mayor to sign a letter introducing the publication (Newport Beach and Harbor by Heritage Publishing). 20. SPECIAL EVENTS APPLICATIONS - Approve the (27) following applications, subject to conditions in the staff report from the Recreation Manager, Community Services Department: Application No. 95 -256 - Newport Harbor Area Apl 95 -256 Chamber of Commerce: 3rd Annual Music Arts Festival, amplified sound at Peninsula Park on Saturday and Sunday, September 9 & 10, 1995, from 10:00 a.m. - 5:00 p.m: Sandcastle Building Contest, amplified sound at Big Corona Beach on Sunday, September 10, 1995 from 12:00 noon to 3:00 p.m.; KEZY Volleyball Tournament, amplified sound at Big Corona Beach on Sunday, September 10, 1995 from 9:00 a.m. - 4:00 p.m. Application No. 95 -272 - The Juvenile Diabetes Apl 95 -272 • Foundation: "Walk for the Cure" 5K Walk, Saturday, September 9, 1995 from 5:00 a.m. - 2:00 p.m.. Actual event hours and amplified sound requested from 7:00 a.m. - 2:00 p.m., primary location of the event is the southwest parking lot at Corona del Mar High School. Application No. 95 -281 - B.P.O. Elks /Newport Apl 95 -281 Harbor Lodge No. 1767: Fifth Annual Western Round -up & Chili Cook Off, Friday, Saturday and Sunday, September 15, 16 & 17, 1995, from 6:00 a.m. - 10:00 p.m., each day, amplified sound from 10:00 a.m. - 10:00 p.m. each day. The applicant is also requesting to close the parking lot for the duration of the event. SUPPLEMENTAL AGENDA 37. EXECUTIVE SEARCH CONTRACT FOR CITY CLERK C -2872 (B) POSITION - Approve an agreement with Ralph (38) Andersen and Associates. ITEMS REMOVED FROM THE CONSENT CALENDAR • 1. Report from the Planning Department regarding Ord 95 -38 proposed ORDINANCE NO. 95 -38, Zoning (94) AMENDING CHAPTERS 1.12, 6.04, 10.28, 10.32, 15.02, 20.01, 20.10 AND 20.70 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE CURRENT NOISE CONTROL REGULATIONS TO BE CONSISTENT Volume 49 - Page 371 CITY OF NEWPORT BEACH MINUTES ROLL CALL Q Q¢LL,�wo WaM ¢ (3 U00 > °Z W August 28, 1995 INDEX WITH THOSE CONTAINED IN THE NOISE ELEMENT • OF THE GENERAL PLAN AND TO ADD CHAPTER 10.26: COMMUNITY NOISE CONTROL (PLANNING PCA 807 COMMISSION AMENDMENT NO. 807). Motion X Following response from staff to Council inquiry All Ayes regarding the sufficiency of the language in the proposed ordinance and clarification, motion was made to schedule for public hearing on September 11, 1995, proposed Ordinance 95 -38. 3. Report from Assistant City Attorney regarding . Ord 95 -40 proposed ORDINANCE NO. 95 -40, Trfc /Pedicabs Surrey Cycles AMENDING SECTION 12.56.010 AND ADDING (85) SECTION 12.56.150 TO CHAPTER 12.56 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE OPERATION AND USE OF SURREY CYCLES AND PEDICABS. Motion x Following discussion, motion was made to All Ayes introduce proposed Ordinance No. 95 -40 and pass to second reading on September 11, 1995, as amended with the addition of designating that a flag of "international orange or similar color" be displayed on the back of the surrey cycle or pedicab. 4. Report from Community Services Director Ord 95 -41 regarding proposed ORDINANCE NO. 95.41, Animals on Beaches AMENDING SECTION 7.04.030 OF THE NEWPORT (62) BEACH MUNICIPAL CODE PERTAINING TO ANIMALS PROHIBITED ON THE BEACHES. Mayor Hedges invited comments from the public regarding the proposed amendment to the subject ordinance. The following people spoke in favor of the proposed ordinance, expressed their views on being responsible pet owners, and suggested a dog park for the City: Virginia Herberts, 2290 Channel Road Michael Abraham, 908 W. Bay Avenue Michelle Baccaro, 126 40th Street ( Veterinarian) Charles D. Larson, Jr., 239 Via Ithaca, Lido Isle Julie Mattson, 315 Island Avenue Shirley Reinker, 5319 Lido Sands Drive Phil Butterfield, 3401 Ocean Boulevard Bernard Rigolet, 2681 Crestview Drive Mary Anne Turley- Emett, 25 Bay Island Les Nuget, Oceanfront (at Wedge) (2) Children Volume 49 - Page 372 CITY OF NEWPORT BEACH MINUTES ROLL CALL u Q¢Wwo�? W � 3 g ' 2 U W 0 w 0 august 28, 1995 INDEX A woman addressing the Council (no name given) • stated she lived at 44th and Seashore, and that "people are not as responsible as the foregoing dog owners," as she has had to clean up before her grandchildren can play on the beach, and therefore, she feels that dogs should not be allowed on the beach where children play. Motion x Following discussion regarding the absence of All Ayes regulations and the need for a City -wide requirement to make the clean -up of dog nuisances the responsibility of the dog, owners, motion was made to introduce proposed Ordinance No. 95 -41 and pass to 2nd reading on September 11, 1995. 8. TWO) MEMORANDA OF UNDERSTANDING (MOU) MOU /Fletcher REGARDING BAYVIEW WAY AND SAN DIEGO CREEK Jones /TCA /CNB NORTH SITE BETWEEN THE CITY AND THE SAN C -3065 JOAQUIN HILLS TRANSPORTATION CORRIDOR MOU /TCA /CNB AGENCY (TCA) /AND THE CITY, TCA AND FLETCHER C -3066 JONES MOTORCARS (FJM) - Report from Public (38 ) Works Department recommending approval for MOU between City and TCA and authorize the City Manager to execute the MOU which provides for • exchange of right -of -way (old University Drive North and Bayview Way); and approve MOU between City, TCA and FJM and authorize the City Manager to execute the MOU which provides for actions to facilitate development of automobile dealership on San Diego Creek North. Larry Porter, 2712 Cliff Drive, addressed the Council, referencing the CIOSA Special Assessment District, and stated that he objects to the process that allows the City of Newport Beach to float public bonds basically for the benefit of private parties; wherein the City Attorney advised that this particular item does not pertain to the CIOSA Financing District and encouraged Mr. Porter to contact him tomorrow for an in depth explanation. Motion X Motion was made to approve the foregoing MOU'S. All Ayes 16. Status report from Public Works Department IRWD Wetland: regarding IRVINE RANCH WATER DISTRICT (IRWD) Wtr Supply WETLANDS WATER SUPPLY PROJECT. (74 ) • Council Member Watt advised that the IRWD has now completed the Focused EIR which will be voted on in September regarding their 2 -year demonstration project. If the Santa Ana Regional Water Quality Board allows the demonstration project to go forward the City's concerns are whether the principals that would apply to the City of Newport Beach's acceptance of the project will be achieved. Volume 49 - Page 373 CITY OF NEWPORT BEACH MINUTES ROLL CALL n � Q a¢wnwxooz wMMM000 H } ¢ w Ci W > ~ W August 28, 1995 INDEX Mon x Discussion ensued, wherein motion was made by IRWD Council Member Watt that the Mayor be authorized to send a letter to the IRWD and the Santa Ana Regional Water Quality Board stating that when all the EIR's are completed, and when the low -flow diversion project Is decided upon that: 1) the City of Newport Beach get a net reduction in nitrates, and 2) with no cost to the City of Newport Beach. Nancy Arakelian addressed the Council and commented that her experience resulting from tertiary- treated water by the Moulton Niguel Water District is very poor in quality and has a bad odor. Jan Vandersloot, Ml E. 16th Street, Vice President of the Bolsa Chica Land Trust, addressed the Council, stating that the Trust is opposed to the subject project because they see it as a precedent- setting measure that some day may be used for Balsa Chica, since it is within the Sanitation District. Also, even though the nitrate level is reduced down to some 200 lb. a day, this project would add approximately three tons of nitrates per year in the Upper Newport Bay. Regarding the diversion project, the City should • not link this to the dumping of the nitrates from the reclaimed water into Upper Newport Bay, as there should be a separate track, and Newport Beach should not be coerced into accepting reclaimed waste water into Upper Newport Bay with the promise that summer flows will be diverted, and therefore, result in reduced nitrates over the course of the years. The nitrates from reclaimed waste water originates from toilet bowls and human urine, and those nitrates are going to be present in Newport Bay if this project is approved. He added he sees a trend that not only is the public going to be swimming in reclaimed waste water, but also drinking reclaimed waste water by virtue of the Fountain Valley Water Project, and asked that the City of Newport Beach divorce themselves from reclaimed waste water. Bob Caustin, 58 Beacon Bay, addressed the Council, and displayed a large jar of water he recently took from the final treatment (dump site) as an illustration. He has seen signs printed in English and Spanish that are posted at irrigation fields, and parks that say no swimming or drinking • because the water is impure, and eventually signs like this will have to be displayed at the Dunes and the City beaches. He urged the City reconsider this issue, as 150 million gallons are going down the sewer into the Bay, and as a real estate broker in Newport Beach he knows that people who are selling their homes in the Bay are going to have to disclose they are on a sewage outfall. Volume 49 - Page 374 CITY OF NEWPORT BEACH MINUTES ROLL CALL q C� QCrWWO L�3g2000 In 0 � > °? J W - - - - — -- August 28, 1995 INDEX Larry Porter, 2712 Cliff Drive, distributed information IRWD • to the Council from the Department of Fish and Game and the California Water Resources Board, and an appraisal of the IRWD's financial statement. He referenced the documents from: 1) the Department of Fish and Game, who are vehemently opposed to this project because the IRWD uses deception and misstatements in labeling this project, i.e., "Enhancement Waterfowl Habitat;" 2) the fact that this project is the diversion of tertiary- treated water, and there is no standard, which raises the issue that this project would drastically change the environment of the Bay, as the IRWD wants to dump this water in the Bay rather than what is commonly done with tertiary- treated water (sent to the Huntington Beach processing plant) because this will save them approximately $700 per million gallons, and they want to do five million gallons of water per day; and 3) as to the auditor's report of the IRWD, how financially sound are they when there are irregularities in the accounting as their financial statement does not reveal that they have formed a separate entity and issued $400 million in bonds • in 1987 and $500 million in 1989. Susan Skinner, 2421 E. 16th Street, addressed the Council, stating that as a physician she strongly protests this project and is concerned that: tertiary- treated water might not be effective in eliminating the small viruses, such as the polio virus, and new viruses and new diseases, citing AIDS and a recently discovered type of particle that transmits a very serious neurological disease called the prion, which is smaller than a virus, as no one knows how it is transmitted; the Back Bay is a salt- water marsh and by adding a considerable amount of fresh water there the changes are unknown and not the proper way to go, and the fact that the City has strict regulations now for using the Back Bay. By doing this project the City is "back- sliding," as Newport Bay is part of what makes Newport Beach on economically - viable area. Following remarks from the Public Works /Utilities Director Don Webb, City Attorney Bob Burnham confirmed the fact that the State Department of • Fish and Game, not the City of Newport Beach, has jurisdiction over the Upper Bay, and as a result, the City of Newport Beach can object to the EIR but cannot block the water district's project. Volume 49 - Page 375 CITY OF NEWPORT BEACH MINUTES ROLL CALL M � Q¢ W 3raxcu00 ¢ w U) W XO > o J w z August 28, 1995 INDEX • Discussion ensued, wherein the majority of the Council indicated support for Council Member IRWD Wat's foregoing motion with the addition of a report back at the next stage of the IRWD's actions, Including input from the Department of Fish and Game and Orange County Health Department and any other agencies. Council Member Glover stated that she is not supportive of the project, but will support Council Member Watt's motion as she realizes that Newport Beach might be harmed by not being in the process, and suggested that the City Attorney continue to look into the viability of how much input the City can effect, should Newport Beach be the lead agency. Approved By acclamation of Mayor Hedges, and there being no opposition, Council Member Watt's motion with the addition of requesting followup reports from various agencies was approved. 18. Report from Planning Department concerning Planning/ ALTERNATIVE FUEL DEMONSTRATION PROJECT, Alternative recommending authorization for the City Manager Fuel Dem Prj • to submit Grant Application for AB 2766 funding for (68 ) the conversion of a portion of the City's heavy duty vehicle fleet alternative fuels; and authorize staff to investigate the feasibility of establishing entitlement for alternative fuel refueling facility at the southwesterly corner of Jamboree Road and MacArthur Boulevard. Approved By acclamation of Mayor Hedges, and there being no opposition, action deferred to September 11, 1995, as a result of forthcoming additional Information from staff. SUPPLEMENTAL AGENDA ORDINANCES FOR INTRODUCTION AND SCHEDULE PUBLIC HEARING(S) ON SEPTEMBER 11, 1995: 35. Report from Planning Manager regarding Ord 95 -42 proposed ORDINANCE NO. 95 -42, Dev Agm #6 c -2920 (38) ADOPTING FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY, INC., WITH RESPECT TO THE CIRCULATION • IMPROVEMENT AND OPEN SPACE AGREEMENT (CIOSA) (DEVELOPMENT AGREEMENT NO. 6); AND Volume 49 - Page 376 CITY OF NEWPORT BEACH MINUTES ROLL CALL U, M w H 3 CEO M U X U w O 0 ~ Z August 28,1995 INDEX 36. Proposed ORDINANCE NO. 95 -43, Ord 95 -43 Dev Agm #9 • ADOPTING A DEVELOPMENT AGREEMENT BETWEEN C -3067 (38) THE CITY OF NEWPORT BEACH AND FLETCHER JONES MOTORCARS, INC., WITH RESPECT TO THE FLETCHER JONES MOTORCARS - MERCEDES BENZ DEALERSHIP PROJECT (DEVELOPMENT AGREEMENT NO. 9). The updated report by the City Attorney indicated that the revisions to the Development Agreement are relatively minor, and it was recommended that the proposed Ordinances be introduced and scheduled for public hearing on September 11, 1995. Motion x Hearing no objections, motion was made to All Ayes introduce proposed Ordinance Nos. 95 -42 and 95- 43, and schedule for public hearing on September 11, 1995, as recommended. PUBLIC HEARING(S) 21. Mayor Hedges opened the public hearing Ord 95 -31 regarding proposed ORDINANCE NO. 95- 31, Zoning (94) AMENDING TITLE 20 OF THE NEWPORT BEACH • MUNICIPAL CODE TO ADD "NAIL SALONS" TO THE TABLE OF PERMITTED USES IN THE RSC, APF AND RMC DISTRICTS, AS WELL AS VARIOUS SPECIFIC AREA PLANS; TO DELETE THE USE PERMIT REQUIREMENT FOR "NAIL SALONS" WITHIN VARIOUS SPECIFIC AREA PLANS; AND TO ADD SPECIFIC PARKING REQUIREMENTS FOR RETAIL AND SERVICE ESTABLISHMENTS TO THE HARBOR VIEW HILLS PLANNED COMMUNITY DISTRICT (PLANNING COMMISSION AMENDMENT NO. PCA 826 826). Report from Planning Department. Ken Delino, Planning and Building Department Director, summarized that the proposed ordinance is a "housekeeping" function under an approved new category of personal services, which changes the parking requirement from one parking space for each 250 sq. ft. to one parking space per 80 sq. ft. for nail salons. The proposed ordinance would take that definition and extend it to all those districts which have personal service categories permitted within them, except in the Harbor View Hills Planned - Community District which was amended during the original Planning Commission and City Council review of nail salons. Volume 49 - Page 377 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, Ir � M gXMa:UU W h[pgxOz 3g2UC70 } �0 W w >W ~ August 28,1995 INDEX In response to Council inquiry, the Planning and 01 Building Director advised that if the amendment were approved as proposed, a Mariners Mile Specific Area Plan nail salon would require one parking space per every 80 sq. ft., rather than one parking space per 250 sq. ft., and it would specifically allow or permit nail salons in the district. Hearing no one wishing to address the Council, the public hearing was closed. Council Member Cox stated that he opposes this issue, as it targets a specific business or industry, wherein the City finds a way to constrain the business, rather than letting the marketplace do it for us. Motion x Motion was made to adopt Ordinance No. 95 -31. Ayes x x x x x Noes x x 22. Mayor Hedges opened the public hearing Ord 95 -32 regarding proposed ORDINANCE NO. 95 -32, Zoning (94) AMENDING PORTIONS OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, TO REZONE / NEWPORT CENTER BLOCK 500 FROM THE APF -H AND THE OS DISTRICTS TO THE P -C (PLANNED COMMUNITY) DISTRICT; ADOPTION OF PLANNED COMMUNITY DISTRICT REGULATIONS; AND AMENDMENT TO DISTRICTING MAPS NO. 49 AND 50. (PLANNING COMMISSION AMENDMENT NO. PCA 8.27 827). Report from Planning Department. Ken Delino, Planning and Building Director, stated that the effect of The Irvine Company's request would be to recognize a parking surplus in that area which would allow more of the office spaces to use more parking intensities, such as medical uses in that district. Tom Redwitz, representing The Irvine Company, addressed the Council, and requested the Council's approval of the proposed Ordinance. Motion x Hearing no one else wishing to address the Council the public hearing was closed, and motion was Ayes made to adopt Ordinance No. 95.32. 23. Mayor Hedges opened the public hearing 1995 Weed regarding 1995 WEED ABATEMENT PROGRAM. Abatement Prg (41) Report from Fire and Marine Chief. Volume 49 - Page 378 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, (if X Q¢ W3A=O } > M W M 0 w >w ~ Z o August 28, 1995 INDEX M n x Hearing no one wishing to address the Council the Ayes public hearing was closed, and motion was made to adopt Resolution No. 95 -97 confirming the weed Res 95 -97 abatement costs to be assessed to property owners. 24. Mayor Hedges opened the public hearing (27 ) regarding request of BALBOA TRANSPORT, 5432 Mildred Circle, Cypress, for CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY to operate an eight passenger electric cart on Balboa Island. Report from Revenue Manager, Finance Department. Motion x Motion was made to continue the public hearing to All Ayes September 11, 1995, as requested by the applicant. 25. Mayor Hedges opened the public hearing U/P 3561 regarding appeal from Planning Commission 3901 ECH'wy Decision, of USE PERMIT NO. 3561 on property (88) located at 3901 East Coast Highway - Request to permit the construction of an 84 unit elderly personal care facility on property located in the • PC District (previously approved as Emerald Village and commonly referred to as "Summerhouse "). The proposal also includes: a request to allow a portion of the structure to exceed the basic height limit in the 32/50 Height Limitation District; a request to establish an off - street parking requirement based on a demonstrated formula; and a modification to the Zoning Code so as to allow the use of tandem parking spaces in conjunction with a full -time valet parking service. Report from Planning Department. Ken Delino, Planning and Building Director, added that this is essentially the same project which was approved by the Council in 1989 and it is a reprocessing of that application. He referred to the illustrations provided by the Planning Department which included an aerial photo, artist's renderings, and site plan. Kenneth Catanzarite, owner of 352 Hazel and the appellant, asked the Council to note that with respect to issues regarding land square footage • and setbacks, at the Planning Commission hearing he made it clear that there was in contention a wedge of property lying to the north of his property line to and including the dividing wall. He presented the face page of a lawsuit filed August 25, 1995, by him against the International Brotherhood of Electrical Workers (IBEW) and the Volume 49 - Page 379 CITY OF NEWPORT BEACH MINUTES ROLL CALL q X w3A 1- -MMX0Z } in W =°0o w J ~ august 2s, 1995 INDEX applicant, Dr. James C. Thomas, Jr. Mr. U/P 3561 • Catanzarite stated that if he is successful in his lawsuit then the applicant's total land area square footage will decline and the setbacks will be materially altered to an amount less than that required by Code to permit the proposed Use Permit 3561 project. Dave Neish, representing Dr. Thomas, addressed the Council, and stipulated that they concur with all of the Findings and Conditions contained in Exhibit A, and respectfully request that the Council uphold the decision of the Planning Commission and sustain their recommendation, and for the record, he stated that it is not the applicant's intent to make any modifications or adjustments to the approved plans. Herbert Malmon, 341 Hazel Drive, potential homeowner, addressed the Council, stating that he has concerns about the parking and the fact that there will be delivery trucks servicing the elderly care facility; what is going to happen to this property if there is a financial failure in the future; and what the neighbors will be faced with. He • asked that the Council consider these facts before making a,decision. Dan Wiseman, 336 Hazel Drive, owner of the third property from the proposed project, stated that he has the same concerns that Dr. Malmon has, and was before the Council at the time of the original application, wherein there was a problem with financing the project. He feels that the City ought to cover themselves should this project have financial problems in the future. Stanley Behrens addressed the Council, stating that he was never notified that there was a meeting tonight, and he owns property adjacent to the proposed project. He stated that it makes a big difference regarding parking whether it is a home for retired vs. handicapped people, and he was of the opinion that the site was 30 feet height maximum commercial, but the applicant is asking for a waiver of 50 feet high. Mr. Catanzarite addressed the Council in rebuttal, • stating that he neglected to point out that the CUP no longer qualifies because not only are the setbacks less than the required 10 feet, they are less than the 20 feet that was subject to the original discretionary approval and now because of the contention as to the common property line dispute, the total square footage land area no Volume 49 - Page 380 CITY OF NEWPORT BEACH MINUTES ROLL CALL Lill ¢ ¢ Q�wW0 r¢ ara2:U,30 r w c� w w >w -J ~ August 28, 1995 INDEX longer meets the City's definitions. He also U/P 3561 • objected to not being notified of the hearings. Also, he added that there should be some financial strength demonstrated, and as the project has substantially changed since 1989, there are three property owners who have invested substantial money south of the proposed project who are being ignored during the process. The Planning and Building Director, in responding to the foregoing concerns, advised that: 1) #53 of the Conditions concerns and adequately addresses the ultimate re -use and another Condition approved at the Planning Commission hearings that specifically states that the use remains as the use permit provides for 2) As regards the parking, there are 46 parking spaces required, and the occupants are not expected to own or drive vehicles and the Traffic Department has indicated that there is more than ample parking provided for in this project. He commented that the Assessor's Office had not incorporated a recent change, and as a result of what happened at the Planning Commission, the Planning Department requested the applicant go • out and re- notify not only the owners, but all of the occupants which resulted in a double mailing for this project. He added. that the entire project meets the 30 foot height standard, except for the little architectural feature at the top, which is to go to 39 1/2 feet. Mayor Hedges announced that the public hearing was closed. Motion x Council Member O'Neil stated he is convinced that all of the concerns have been addressed and resolved as best they can be, therefore, he would make a motion "to sustain the decision of the Planning Commission approving Use Permit No. 3561 with a modification to the Zoning Code; and with the addition of Finding #21 ( to the staff report), which declares that the previously adopted Negative Declaration adopted by the City Council on May 22, 1989 for the Use Permit 3342, was reviewed and considered prior to approval of the project, and was determined adequate to satisfy the requirements of the CEQA for Use Permit No. 3561; the potential Environmental Impacts of the • current application for Use Permit No. 3561 are substantially the same as those evaluated in the Negative Declaration prepared for Use Permit No. 3342, and none of the circumstances described in the CEQA Guidelines, Section No. 15162 that would require the preparation of a subsequent Negative Declaration are found to exist." Volume 49 - Page 381 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, � Q QTWW0oz '�¢wwoJ0 LJ F 3g2UC70 } M W U W > ~ W August 28,1995 INDEX Mon x Council Member Watt stated that she would like to /P 3561 make a substitute motion, as she voted against this project two years ago, and her motion would be "to support the Findings for Denial in Exhibit B, specifically, 18,2) the size and height is not compatible with surrounding land uses, and that the project will be visually imposing and out of scale with the surrounding neighborhood; 3) that the intensity of the proposed project results in different site access; 4) that the construction of the project will require a significant amount of grading which may affect the sensitive resources in Buck Gully; and 5 and 6 which have to do with traffic generation and the site not being physically suitable for the project proposed." Also, she believes this project was crammed onto a small acreage based on two discretionary decisions; one dealing with constraints to parking, and although it states that some of the people are not expected to have cars, if some of them do have cars parked in the parking lot, it will be very easy for the servicing and visiting vehicles to park around on Hazel and Poppy imposing on the surrounding neighborhood. • Council Member Edwards stated that he will support the substitute motion for the reasons stated by Council Member Watt, and feels that the City will incur increased costs if the project is approved. Mayor Hedges reviewed the discretionary jurisdiction with the City Attorney, that the City can make modifications if the operation of the business adversely impacts health, safety and welfare. Ayes x x The substitute motion was voted on and FAILED. Noes x x x x x Ayes x x x x x x The motion made by Council Member O'Neil was Noes x voted on and carried. 26. Mayor Hedges opened the public hearing U/P 3562 regarding appeal application of The Silk Road 100 -200 WCH'w (Wendy Wong) for USE PERMIT NO. 3562, on (88 ) property located at 100 -200 West Coast Highway, from Planning Commission Decision - Request for establishment of an outdoor sales facility for home furnishings and decorator items. • Report from Planning Department. Appeal application of The Silk Road (Wendy Wong). Volume 49 - Page 382 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, W Cr W3q=°0o H } Cr 10 ``' m X �`' O J ~ Z August 28, 1995 INDEX Ken Delino, Planning and Building Director, advised U/P 3562 • that this project was denied at the Planning Commission hearing on a 3 -3 vote, and the concerns at the Planning Commission level were parking and also the distraction to motorists and bicyclists as they pass the subject area. Wendy Wong, applicant, addressed the Council stating that her intention is to beautify the area and not create any problems for the City. Bernard Rigolet, 2681 Crestview Drive, addressed the Council and stated that in his 25 -year residency, he has seen businesses come and go in this area, but in the past he has experienced noise such as an outdoor paging speaker, and was concerned about this. Stephen Sutherland, working with the applicant on the proposed project, stated that there will be no outdoor speakers or telephone ringing at the subject site, their intended hours of operation will be from 9 a.m. until 7 p.m. weekdays and Saturdays, and from 10 a.m. until 5 p.m. on Sundays. The original use permit was intended for • a rental car agency and also sales of exotic cars, and the site has been operated as various used car lots basically, and for boat sales until 1987 and has been vacant since then. The applicant will be displaying mainly architectural items that are hand carved from natural stone and marble, and feels that aesthetically this will be an improvement for that site, and asked that the Planning Commission decision be overturned so that the project can go forward. He added that the applicant is operating out of the building portion because it is a permissible use for this site and the only reason for the requirement for a use permit is for the outdoor display. In response to Council inquiry, Mr. Sutherland stated that they agree to the terms and conditions of the alternate plan, and to the condition that there will be no outdoor speaker system. Council Member Glover stated that she met with Mr. Sutherland to work on the alternate plan so that the inventory is hidden in between the trees to • make the corner aesthetically compatible with the area. She asked if Mr. Sutherland had come to a conclusion on the wrought iron fencing, wherein he stated that it will be a simple design and the applicant will agree to a green fence to blend in with the surroundings. Volume 49 - Page 383 CITY OF NEWPORT BEACH MINUTES ROLL CALL U, Q¢WW0JZ w3rMM:000 n of W W August 28,1995 INDEX • Ted Beam of Real Estate Enterprises, addressed the Council stating that he had spent a considerable /P 3562 amount of time with Wendy Wong prior to the time of entering into a one -year lease effective in May, reviewing the type of merchandise selection and the overall plan for this particular use, and with the approval of Council they would look forward to a nice improvement to that corner. Hearing no one else wishing to address the Council, the public hearing was closed. 4ot ion x Council Member Glover made a motion to %11 Ayes approve Use Permit No. 3562 for 100 -200 West Coast Highway with the change in Condition #22 "that the City Council or Planning Commission may add to or modify conditions of approval...;" and no amplified outdoor speaker system. PUBLIC COMMENTS • Dolores Otting, 17 Hillsborough, stated that she had three issues she wanted to discuss: 1) It was her understanding that the Consent • Calendar this evening ended with item 20, and asked if this was correct, wherein, Mayor Hedges advised that this was not correct, and that items 35, 36 and 37 of the Supplemental Agenda are Consent Calendar Items. She suggested that Newport Beach adopt a system such as the Orange County Board of Supervisors, wherein the Supplemental Agenda is the last category on the Consent Calendar, and these items are identified with "S," and then numbered to better serve the public. 2) Item 37 of the Supplemental Agenda, (Search Contract for City Clerk): she feels the City has a double standard regarding women in the case of promoting from within, such as was done last year when the Marine Director and Public Works Director retired, and their assistants were promoted. 3) Her cable bill for a long time has changed from Dimension Cable to Cox Cable, and her franchise fee keeps going up, and she feels that there is nothing that she can do about this. She • questioned why the audit which was to be done a year ago has not come back to Council on the franchise fee money owed. She commented that when the franchisee changed to Cox Cable a year ago, according to the City Charter, there should have been a public hearing, and as a result the public was not afforded an opportunity for input. Volume 49 - Page 384 CITY OF NEWPORT BEACH MTNTITF.q ROLL CALL c 3 QXMX000 ~P W0_J, WJ � w August 28, 1995 INDEX Tom Hyans, 217 19th Street, addressed the Council • regarding Newport Landing dealing with outdoor seating for restaurants, and stated that he understands the business of outdoor restaurants /outdoor seating being used to augment or supplement the increased FAR ratio, etc., has been relegated to unilateral decision by the Assistant City Attorney for Planning and Development by the Modifications Committee by the Council's appointees on the Planning Commission, and sometimes by the Council. He thinks the business of outdoor seating, especially in Newport Landing is very appropriate, although there is, in the next block, adjacent residential properties. He feels that the old part of the City has a plethora of useless commercial areas, places that are constantly for rent, and in order to get these areas upgraded he feels there should be more residential development. He cited the example of what happened to the 28th Street Marina. Shortly after the permits were issued for the development of a mixed -use project, residential over commercial, the building permits were issued with appropriate limitations on the uses of the commercial area, and the Mexican • restaurant directly across the street, which subscribed to a single singer with a guitar, was given a use permit to increase their music from a non - amplified guitar to percussion, brass and amplification. Just recently the Hooters project on the other side of the 28th Street Marina is going to be allowed to put in a considerable amount of outdoor seating and, in his opinion, he has never heard so much noise in the 30 years that he has lived in the area as comes from Hooters. He feels that the Council should be really cautious (citing the Thunderbird Club) to allow restaurants to increase their business potential by moving their activities outdoors. ORDINANCE(S) FOR ADOPTION 27. Recycled report dated August 14, 1995 from Public Ord 95 -33 Works and Building Departments regarding Building proposed ORDINANCE NO. 95 -33, (26 ) AMENDING SECTION 15.32.015 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING • REGULATIONS FOR UNDERGROUND UTILITIES. In summary, the Public Works and Utilities Director, stated that the subject ordinance revises the existing requirements for undergrounding related to modifications to buildings in the future (new dwelling units or replacement buildings on sites, or an addition to an existing building which exceeds 50% of the gross floor). Volume 49 - Page 385 CITY OF NEWPORT BEACH MINUTES ROLL CALL U, cl: q��wo Ld 3 ¢ M U 2 0 w °z 0 W 0 August 28, 1995 INDEX on x Hearing no one wishing to address the Council, AMo yes motion was made to adopt Ordinance No. 95 -33. 28. Report from Code Enforcement Officer regarding Ord 95 -34 proposed ORDINANCE NO. 95.34, Planning /Code Enfrcm AMENDING SECTION 1.12.020 OF THE NEWPORT (53) BEACH MUNICIPAL CODE AMENDING THE CODE ENFORCEMENT AUTHORITY OF THE CODE ENFORCEMENT SUPERVISOR AND THE SENIOR CODE ENFORCEMENT OFFICER. Motion x Hearing no one in the audience wishing to address All Ayes this issue, motion was made to adopt Ordinance No. 95 -34. 29. Recycled report dated May 8, 1995 from Assistant Ord 95 -35 City Attorney regarding proposed ORDINANCE NO. GS /Civil 95 -35, Penalties (44) AMENDING CHAPTER 6.04, SECTIONS 6.04.080 AND 6.04.240 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO CIVIL PENALTIES. • Following input from Kevin Murphy, City Manager, it was suggested that the proposed ordinance not be adopted, pending voluntary compliance. Mayor Pro Tern Debay stated she will support tabling the subject ordinance but feels that educating the property owners, tenants and property management people should proceed. The City Manager, in response to Council inquiry, stated it is staff's hope that by using current regulation /voluntary compliance as it applies to the refuse, location, appearance, overflow, etc., can successfully be placed here first before we go on to something much more involved, i.e., use of Parking Control Officers, asking all of the properties to mark their addresses on their trash cans, and at some point involving the Police Department to cite individuals (both property owners or tenants) as having nuisances and taking them to court. In summary, use existing regulations and if this fails then come back and ask for a second reading of the proposed Ordinance. n A x Motion was made to table Ordinance No. 95 -35; A yes and its accompanying resolution establishing Civil Penalties pursuant to Section 6.04.240 of the Newport Beach Municipal Code. Volume 49 - Page 386 CITY OF NEWPORT BEACH MINUTES ROLL CALL W 3 waraxvc�o ¢wwoJ0 CE ¢ WW0OZ 0 > w August 28, 1995 INDEX 30. Recycled report dated August 14, 1995 from Ord 95 -36 • Building Director regarding proposed ORDINANCE Building /Floo< NO. 95.36, Insurance (26) AMENDING SECTIONS 15.50.070 AND 15.50.220 OF THE NEWPORT BEACH MUNICIPAL CODE TO MAKE CONSTRUCTION WITHIN THE FLOOD PLAIN CONSISTENT WITH THE MINIMUM REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM. The City Manager advised that recently FEMA made several recommendations to revise sections of the City's Flood Prevention Ordinance, as stated in the foregoing. Motion x Motion was made to adopt Ordinance No. 95 -36. All Ayes 31. Recycled report dated August 8, 1995 from City Ord 95 -37 Attorney regarding proposed ORDINANCE NO. Hearing Ofcr 95 -37, (5 3 ) ADDING SECTION 1.08.055 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DESIGNATION OF HEARING OFFICER. • The City Manager advised that this addition to the Municipal Code arose from the Thunderbird Club matter for a need to use a Hearing Officer to expedite the process of bringing lengthy and voluminous hearing matters before the Council in a more efficient and effective manner. Motion x Motion was made to adopt Ordinance No. 95 -37. All Ayes CONTINUED BUSINESS 32. Appointments to the ECONOMIC DEVELOPMENT Economic COMMITTEE. Dev Committee Motion x Motion was made to confirm the following All Ayes appointments: Planning Commissioner Edward Selich, Planning Representative replacing Mitchell Brown; and At Large Member Gary DiSano replacing Edward Selich. CURRENT BUSINESS 33. Memorandum from Planning Manager regarding Ford Land • FORD LAND AFFORDABLE HOUSING TASK TEAM AD HOC COMMITTEE. AH Task Team Committee Motion x Motion was made to adopt Resolution No. 95.98; and Res 95 -98 All Ayes confirm appointments of: Council Member Jean (24) Watt, Tim Ridner, Ford Motor Land Development, Corp. (Representative); City Attorney (Staff Member); Planning Manager (Staff Member); and City Manager (ex officio Staff Member). Volume 49 - Page 387 CITY OF NEWPORT BEACH MTNTTTF,fi ROLL CALL th �� X w3 � m ;=°L90 � n x > o W z - -- - - -- August 28, 1995 INDEX • 34. Report from Chief of Police regarding Police Dept/ IMPLEMENTATION OF STRATEGIC TECHNOLOGY Strategic PLAN /BID AWARD. Tech Plan/ Bid Award Police Chief McDonell addressed the Council, giving C -3068 (38 ) an overview of the needs assessment plan, etc., and after evaluating the bid responses, asked for Council to approve the recommendations contained in his report. The City Manager, in response to Council inquiry as regards obsolescence, advised that a review was done by the Acting MIS Manager Paul Malkemus to insure that the plan complies with the City -wide standards being used which were adopted approximately three years ago for all of the departments to make sure that the kind of equipment the City purchases in the future is, in fact, compatible with other sorts of uses and that the kinds of software and hardware being purchased minimizes obsolescence. Pertaining to the funding issue of the two positions in recommendation (g), if the people are not continually trained to maximize the use of those computers, the City will not be • getting full utilization of the equipment. Both of these positions will be added now and, over time, will replace anticipated departures within the organization. Peter Tarr, 5023 Lido Sands Drive, addressed the Council and stated that he is in support of the foregoing proposal, which will update the Police Department's communications system, as over time the money spent for this system will result in their being able to process data quickly and more effectively. Motion x Motion was made to: All Ayes 1. Approve the following recommendations subject to the most cost - effective, mu@i -year financing as arranged by the Administrative Services (Finance) Director and approved by the City Manager. Authorize the Chief of Police to negotiate the acquisition and implementation contracts, subject to approval by the City Manager and legal review by the City Attorney. No additional funds are being requested this fiscal year, other than the $440,000 • which is already set aside for the first year's costs to implement the Strategic Technology Plan in the Department's budgeted '95 -'96 Asset Forfeiture funds and the Capital Budget; Volume 49 - Page 388 CITY OF NEWPORT BEACH MINUTES ROLL CALL q Q¢wQ°J, wan=000 �— ¢ n w > J w August 28, 1995 INDEX a) Retain the Warner Group to assist in contract Police Dept/ • negotiations at a cost of $16,875; system Strategic implementation and performance testing for the Tech Plan/ Computer Aided Dispatch and Records Bid Award Management Systems at a cost of $95,000; system implementation for the Jail Management System at a cost of $14,904; and system Implementation for the Mobile Data Terminal Project of a cost of $22,356. All costs are billed only as the time is expended and represent the maximum estimates for the projects; b) Award bid to PRC Public Sector, Inc., at a cost of $1,440,035 to purchase a replacement Computer Aided Dispatch System and Records Management System, including one time hardware, software, installation, training, and implementation costs; c) Award bid to "Computer Deductions, Inc.," at a cost of $112,916 to purchase a replacement Jail Management System (including one time hardware, software, installation, training, and implementation costs), consistent with The • Warner Group's recommendation; d) Authorize the expenditure of up to $320,000 for the phased replacement of incompatible computer workstations, printers, networking equipment and necessary software, consistent With The Warner Group's recommendation; e) Authorize the expenditure of $31,200 for leasing of Mobile Data Terminal access from the City of Brea for a period of six (6) months during this fiscal year, and a one time start up cost of $40,000. Authorize the potential expenditure of $53,000, including sales tax, to purchase a second radio repeater for the Mobile Data Terminal System if found necessary during the project implementation (radio repeater coverage maps from "Motorola" prepared during project design are inconclusive); f) Authorize the expenditure of $329,000 to purchase 40 Mobile Data Terminals for the Department's marked police vehicles. Costs include hardware, soffware, installation, sales tax, and training; and t Volume 49 - Page 389 ROLL CALL • • i CITY OF NEWPORT BEACH v X q¢ W H 3 g W g U M W 2 X O V w 0 J, 0 w Z O August 28, 1995 g) Consistent with The Warner Group's recommendation, approve two (2) positions for the Police Department (Computer Systems Technician and Applications Analyst /Trainer) to assist in implementation and maintenance of the new systems. Both of these positions are based upon existing classifications in the City's personnel system and will be funded for the remainder of this fiscal year through salary savings in the 1995 -1996 Police Department budget. Meeting adjourned at 10:07 p.m., to Memory of Phil Tozer, long -time owner of Davey's Locker and the Balboa Pavilion, who passed away July 20, 1995. i Y k k k♦ f ♦• t M F iM t Y f t r M1 M 4 The agenda for this meeting was posted on August 23, 1995 at 12:20 p.m., and Supplemental Agenda was posted on August 25, 1995, of 12:25 p.m., on the Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: PO O ill �. �Vx C City Clem Imo— 4'; ', \ U_e,.:.._, r cgfir QRC��P Volume 49 - Page 390 MINUTES INDEX olice Dept/ trategic ech Plan/ id Award