Loading...
HomeMy WebLinkAbout01 - 8-27-2002September 10, 2002 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session August 27, 2002 - 4:10 p.m. DRAFT INDEX ROLL CALL Present: Heffernan, Bromberg, Glover (arrived at 5:55 p.m.), Adams, Mayor Ridgeway Absent: O'Neil, Proctor CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item No. 5 (Hoag Memorial Hospital Presbyterian [PA2002- 0381), Council Member Heffernan asked if changing the definition of square footage expands the building envelopes, heights, etc. versus the existing Hoag Hospital Development Agreement. He indicated that he can receive the answer tonight. 2. TELECOMMUNICATIONS FACILITY SITING ISSUES. Assistant City Manager Kiff utilized a PowerPoint presentation to discuss wireless telecommunications. He reported that a joint meeting was held between Council and the Telecommunications (Telecom) Committee on April 23, 2002, and a draft wireless telecom ordinance and Council Policy L -23 regarding the siting of facilities on City -owned property were developed. He indicated that a telecom ordinance is needed because it would govern the size, scope, and placement of antennas and support facilities throughout the City to protect public safety, aesthetics, and the overall impacts of having multiple providers in different areas. He stated that the City cannot "just say no" to people with wireless telecom proposals because the FCC and the 1996 Telecom Act states that they have a general right to provide this service. Mr. Kiff reported that the ordinance would encourage locating antennas in non - residential areas, co- location on existing sites, and placement where view and public impacts are minimized. He displayed photos of what the facilities look like in other cities. He reported that the ordinance would require that the provider use the best available, smallest technology with the maximum height being 35 feet or what is allowed in the zoning code, with any exception being brought to Council. Further, the ordinance sets design standards, sets a permit process that requires certain submission documents to the Planning Department, allows the Police Department to review and possibly deny the permit due to conflicts with public safety communications, and requires a removal bond. He stated that the ordinance also establishes a Location Priority List and requires co- location where feasible. He reported that the priority is to use an a) existing co- location structure, b) existing pole, c) commercial sign, d) new or existing stealth structure, e) new false tree, f) new monopole, g) new monopole with antenna attachments, and h) new lattice tower. He pointed out that e) to h) would require Council approval. He indicated that the ordinance prohibits telecom facilities on residential lots or open space /passive zoned parcels. Volume 55 - Page 326 Telecommunications Facility Siting/ Council Policy L -23 (69) City of Newport Beach Study Session Minutes August 27, 2002 INDEX Mr. Mff reported that the City should adopt a Council Policy because the City currently has a number of offers to site equipment on City property. He noted that, if City properties are not used, the telecom companies will use the store next door and the City would forgo the rent revenue. He added that, by using City facilities, a policy will give the City additional control over aesthetics and public safety. He displayed examples of where facilities are being proposed. He reported that proposed Policy L -23 states that all projects need a permit per the telecom ordinance and, once the permit is authorized, the City Manager's office would prepare the lease using a region -based rent. He stated that the leases would have a minimum 5 -year term with annual CPI and market -based adjustments at the end of each 5 -year term; and Council can call -up the lease since the lease will not go into effect for 30 days. He noted that a separate ordinance would govern the use of City right -of -ways. He reported that eligible sites include fire stations, City Hall, Police Department headquarters, lifeguard headquarters, piers, Oasis Senior Center, medians and parkways along public streets, libraries, corporate yards, Big Canyon Reservoir and surrounding grounds, certain easements, streetlights, and traffic signals. Ineligible sites include open space areas owned by the City. He noted that Policy L -23 also discusses "other City -owned properties" and indicated that parks could be included in this definition; however, Council could also include it on the list. Mr. Kiff stated that the next steps include considering comments from Council, staff and the wireless telecom industry today. He added that he spoke to Police Chief McDonell who would like the ordinance to have more specifics about the frequency range for the telecom companies so the Police Department could possibly exclude certain ranges and be allowed to test the frequencies once it was in place. He stated that they intend to have the policy adopted on September 10, have first reading of the ordinance on September 24 with the second reading on October 8, and bring the right -of -way ordinance to Council on October 8 with second reading on October 22. In response to Council Member Heffernan's question, Mr. Kiff stated that the telecom ordinance came from Aliso Viejo; however, review was conducted by Planning Consultant Lawrence, staff, and some review by Special Counsel Marticorena. He added that the City Manager suggested changing `license" and "permit" to "lease ". Mayor Pro Tom Bromberg asked about the health concerns. Mr. Kiff stated that the ordinance attempts to address it; however, the telecom companies would include a radio frequency (RF) report that would state that the facility complies with FCC requirements. He reported that the FCC has said that the City cannot deny an application based on what it believes would be health affects if the company were complying with FCC rules. Council Member Heffernan believed that the telecom ordinance deals with the permit (right to install) and the policy deals with the City becoming a landlord in the lease. He added that the City cannot deny a permit based on health issues but there is no requirement for the City to become a landlord. Mayor Ridgeway noted that this does not preclude a telecom company from going to the private property next door and requesting a lease agreement with them. Mr. Kiff confirmed that, as long as they complied with the ordinance, they could get a permit from the City to do this. Joe Morales, AT &T, showed an example of a phone that works with the new third generation (3 -G) technology. He reported that first generation was analog, Volume 55 - Page 327 City of Newport Beach Study Session Minutes August 27, 2002 INDEX second generation was digital, and third generation has internet capabilities over wireless technology. He stated that word recognition is also becoming more enhanced so that, as words are being typed, it types in the rest of the word. He reported that the 3 -G phone can also provide better locations for caller IDs and have 911 calls routed directly to the Newport Beach Police Department rather than the California Highway Patrol. Mr. Morales stated that the FCC has placed a unique burden on local jurisdictions and that the City is trying to create a confluence with the ordinance between federal, state, and local laws. Regarding law enforcement, he agreed that frequencies have butted against each other, but the FCC is the regulatory body that oversees the administration of frequencies and how they work with each other. He added that the FCC has jurisdiction over E -911 issues and the state has jurisdiction over right -of -ways. He pointed out that consumers are paying significantly less for their services due to competition and that they ultimately want networks that work. He stated that he appreciates the scrutiny the City wants to give in residential areas, but noted that service needs to be provided in these areas because about 1 in 4 households use wireless phones as its primary phone. He indicated that the levels of partnership are from a regulatory point of view, i.e. how to get the service to people, make it aesthetically blend, and look at the safety concerns. He believed that blocking them out of areas could also create a hole for safety departments who use phones in those areas. Regarding right -of -ways, he stated that they are looking to the City Attorney to work with them because there are right -of -ways in residential areas. He believed that placing telecom facilities on light standards and existing facilities at parks is an appropriate means to bringing service into an area. He asked that, if the City is going to be a landlord, it use the region - based valuation for the lease because they cannot pay what they used to in order to operate the networks since they are not charging consumers the same rates as in the past. Mr. Morales assured that they want to be in partnership with the City but they hope there will be flexibility and openness. In response to Council Member Heffernan's questions, Mr. Morales reported that AT &T did a soft launch about a week ago and that an official launch will be done in October. He stated that they located seven sites within the City in which two are on City properties and about four or five are on private properties. He indicated that the only properties on hold right now are the City properties due to the lease issues. He stated that, for the time being, the seven sites should cover Newport Beach fairly well. He reported that their intent is to have the same coverage for digital and 3 -G technology, and that all the existing sites are currently receiving radios and equipment to enable it to handle the technologies; however, because they are on different frequencies and bandwidths they need to buttress the system so consumers have a similar or better experience with the network. He stated that they will not make capital investments unless necessary because they are, trying to balance the needs of the consumer against the capital expenditures. Mr. Riff noted that the proposed ordinance states that a telecom facility cannot be sited on a residential lot, but indicated that a facility could be sited on other common area lots or non - residential lots within residential districts with Council approval. Regarding landscaped areas, he confirmed that the land owner would approve the facility and then would need Council approval. Volume 55 - Page 328 City of Newport Beach Study Session Minutes August 27, 2002 Council Member Heffernan asked if there is a conflict when the City restricts a private landowner's right to get a permit, but allows itself to be a landlord across the street from the landowner. Special Counsel Bill Marticorena, Rutan & Tucker, stated that the FCC has made it clear that cities can act in multiple capacities and that, if a city acts in a propriety function, it is not precluded from regulating. He indicated that the issue to him is whether the City's regulatory power has a rational basis. He explained that, if the City prohibits something and then allows it ten feet away because it is City property, an issue regarding the rationality can be created. He indicated that it is not necessarily voided. He agreed that there are legitimate reasons why the City may allow certain things on public property that may not be allowed on residential property. He explained that it may be appropriate to allow small antennas in the right -of- ways that the City controls as a landlord, but it is not allowed next door on a residential property because the City will be acting as a regulator and would not have the same breadth of power. He stated that this would need to be looked at on a case -by -case basis. Council Member Heffernan asked if the City has a right to prohibit sites because of interference with emergency communications. Mr. Marticorena stated that the industry has taken the position that local government has no authority over radio frequency interference (RFI). He indicated that the problem that police across the country are having, particularly in Orange County, deal with the 911 system and is due to the rapid proliferation of wireless. He stated that many municipalities have tried to work with wireless carriers to adopt voluntary guidelines and is also trying to get a proclamation with directives from the FCC that local governments may enforce. Council Member Adams stated that he serves on the Telecom Committee and believes the City is headed in the right direction. Council Member Heffernan stated that he assumes the City is receiving formal comments to this proposed ordinance from the carriers so the City is in a position to commence on this. Mr. Kiff indicated that he has received a number of comments since yesterday. Mayor Ridgeway asked that Council receive a 3 -G demonstration when the ordinance comes before Council. Council Member Heffernan asked that the Telecom Committee look at the ordinance prior to it coming before Council. 3. ANALYSIS OF POLICE OPERATIONS — JULY 4, 2002. Police Chief McDonell stated that almost all Police personnel were scheduled to work on July 4m and added that they are supplemented by 30 California Highway Patrol Officers, 19 Orange County Sheriffs Deputies, and 4 Costa Mesa Police Officers. He indicated that their main objective was to put forward a strong uniformed presence in the Peninsula area. He indicated that the July 4'h reality for the City is that it will continue to be inundated by holiday visitors each year regardless of the measures that are employed. He stated that it is difficult to keep people out of the community on July 4th and that they recognize the impact street closures have on West Newport residents. He noted that large crowds existed before street closures and they still exist after street closures. Chief McDonell reviewed the field activity that occurred between 4 p.m. on July 3, 2002, to 6 a.m. on July 5, 2002, and indicated that it was generally similar to other years. He expressed concern over the critical incidents that occurred this year which involved weapons and moderate injuries due to altercations. He indicated that this was his tenth July 4�h as the Police Chief Volume 55 - Page 329 INDEX Police Operations/ July 4, 2002 (70) City of Newport Beach Study Session Minutes August 27, 2002 INDEX and believed that this year was pretty volatile, especially after dark. He reported that it cost the City about $90,643 to police this year's July 41h.. He noted that this does not include the 260 hours of compensatory time taken in lieu of cash for overtime. He stated that the salary is down by about $4,400 from last year and is due to reductions in overtime. He expressed concern about the potential for severe consequences due to excessive consumption of alcohol. He added that the possibility of severe injury to City personnel and visitors is ever - present and growing from year to year as it becomes more of a recognized event. He stated that they do not believe there will be change in the character of the event until a long term change occurs in the character of the Peninsula neighborhoods from summer rentals to permanent residences. He added that the employees do an exceptional job of policing the streets with very minimal serious injuries or impacts under trying circumstances. Chief McDonell showed a video of July 4'h. He indicated that everyone is in a festive mood in the early part of the afternoon; however, it gets carried to excess. The video showed Balboa Boulevard, many of the streets holding patio parties, a water balloon launcher, arrests, the field command post booking area behind City Hall, the medical technician from the Sheriffs booking facility that was hired to clear the arrestees for incarceration, the transportation vans along Balboa Boulevard, the various ways people transport alcohol, an officer that was cut by glass debris from a bottle that was thrown, fireworks, Coast Highway traffic, the deployment of officers to clear Balboa Boulevard at midnight, and the jail as the arrestees sober up. He pointed out the volume of people on the streets and reminded everyone that it does not take much to set off a crowd. He also pointed out the difficulty of access for emergency vehicles. He reported that about 126 people were booked out of the field command post in a 12 hour period, starting at 1 p.m. He indicated that, when the anonymity due to darkness takes over in the evening, people start shooting fireworks and become less cooperative. He added that this also corresponds with the amount of alcohol that is consumed by that time. He stated that officers wear helmets in the evening when they clear the streets, but they do not wear them during the day because they are trying to be out there among the people, as low -key as possible, communicating with them. In response to Mayor Ridgeway's questions regarding the 14 felony arrests, Lieutenant Klein reported that they were mostly for assaults with deadly weapons, drugs, and drugs for sale. Council Member Heffernan asked what City function the City is trying to provide before someone gets severely injured or murdered. He indicated that there are very few restrictions about who comes to the City or the hours of liquor sales, but pointed out that the City continues to deploy huge manpower, spend a lot of money, and there is potential liability. Chief McDonell stated that he is not sure they are serving a City function except to police a spontaneous event that the City knows will occur every year on July 4th. He indicated that they are only trying to respond to it, contain it, and manage it with their presence so it does not get completely out of control. Council Member Adams stated that every year the issue of closing the streets is discussed. He indicated that he received a letter from the West Newport Homeowners Association requesting that the City and the Association take a fresh look at this issue and look for alternatives to accommodate the spontaneous event. Chief McDonell reported that the Police Department has an Volume 55 - Page 330 City of Newport Beach Study Session Minutes August 27, 2002 Qffl ongoing relationship with the Association from a Mr. Bludau asked if the department noticed unusual activity since there was no fireworks at the Dunes Resort. Chief McDonell stated that they only noticed that they did not have to deal with the Dunes. He noted that the two events are very different in terms of who attends since the Dunes is mostly family- oriented. Mayor Ridgeway clarified that "Peninsula" in these discussions mean 30th Street to West Newport. He asked if the same type of people are coming into the City as five to ten years ago. Chief McDonell stated that the people are primarily young people and that he has not seen significant changes in the demographics. He reported that 86% of the arrests were people who lived outside the City. Mayor Ridgeway noted that there are probably 535 summer rental homes from the Peninsula to West Newport that are historically occupied by numerous people. Chief McDonell pointed out that July 4th people just travel from one party to the next. Mayor Ridgeway noted that, as soon as someone steps onto the sidewalk with alcohol, they are subject to a citation. Barbara Johnson stated that she used to live on the Peninsula. She indicated that she was there on July 4th and that it was a disaster. She noted that the City is spending millions of dollars on a visioning plan and stated that she cannot believe this day is the vision the City wants. She pointed out that people refer to Newport as "Zooport" and the Peninsula as the "War Zone ". She asked how fast the City, the Assembly, or Congress would rule this a natural disaster about to occur and shut it down if it happened on the public streets of Lido Island or on Bay Front. She stated that everyone seems to think this is an acceptable thing to do in Newport because it has been going on for years. She commended the Police Department, but believed that something really bad is going to happen sooner or later. She indicated that she tried to get representatives to talk to her about this and visit that part of the community to watch it, but no one was willing to spend the day here. Mayor Ridgeway stated that he was previously assigned to a task force to help put more rules in the codes relative to noise and making the landlord liable for second acts by the tenants. He indicated that he wished the committee went further and believed that there should be discussion about abolishing summer rentals throughout Newport Beach due to public safety. He added that the University of Irvine uses Peninsula rentals for housing. He stated that, to get owner - occupied units, the City even eased the requirement for condominium conversions but this did not help. He believed that the City needs to look at master planning, turning the numbered streets into cul -de -sacs, and creating little neighborhoods within the larger neighborhoods to convert the area to owner - occupied units instead of rental units. He stated that this will take will power, input from the public in that area, and a policy change to the entire neighborhood. He indicated that he was supportive of this ten years ago. Ms. Johnson stated that she was told by Senator Johnson's office that the City cannot legally close down public streets unless it can determine there is a public nuisance or a safety hazard. She noted that Miami, Palm Springs, and Huntington Beach used to have problems during Spring Break, and asked what the neighboring communities are doing to stop this. She recommended that one of the Senators or Assemblymen enact a bill so this type of July 4th does not occur anymore. Volume 55 - Page 331 City of Newport Beach Study Session Minutes August 27, 2002 INDEX Dolores Otting stated that she went to Pleasanton last weekend for a car show. She indicated that there were 40,000 people in Downtown Pleasanton and there were no problems. She added that they were even given a document at the Marriott in San Ramon which stated that they were the only two people to occupy that room. She stated that last year during July 4th, she was in Long Beach with 500,000 people and there were no problems. She indicated that she does not understand why alcohol has to be sold in the City on July 4th. She noted that a key is needed to get cigarettes; however, someone can get a lot of alcohol with no problem. She reported that the City belongs to the League of Cities and believed that the City has a lot of vehicles to make changes. She stated that having this happen every year is ridiculous. She added that bicycles should also be prohibited on July 4th. Gene Dorney stated that he is on the Fourth of July Task Force with the West Newport Homeowners Association. He indicated that they are happy that Council has seen the video and commended the Police Department on a marvelous job of showing restraint, its presence, and for its planning. He added that they get better every year. He stated that this does not stem from one problem, like summer rentals, but also from things like foot traffic and tour buses dropping people off at the City's borders from as far as Oxnard and Ventura County. He indicated that it may be time to consider a total closure of the streets for July 40h. He noted that the people in the crowds are young people, but pointed out that some of them are in their early 30s. He stated that people come from miles around because they know there is action. He suggested that the City portray a less hospitable image and address all the issues. He noted that the Colorado River used to be like this, but the party moved on. Mayor Ridgeway noted that, even if the City could close the roads under the Vehicle Code, the California Coastal Commission prohibits the City from closing the beaches. He pointed out that the July 4th visitors may end up on the sand which places them in front of houses where it is difficult to patrol. He indicated that a survey was conducted ten years ago which reported that about 70% of the units in the area are rental units. Paul Watkins, 6405 West Ocean Front, thanked Council Members O'Neil and Glover on behalf of the West Newport Homeowners Association for their years of service. He stated that, at their July Board Meeting, the Association discussed July 4th. He indicated that he believes something more serious needs to be done. He reported that his female friend felt very unsafe during July 4th while riding in West Newport and asked to return home. He noted that the staff report referenced rapes, people losing teeth, having broken noses, and the 162 arrests, and asked if it is time to do something. He believed that the City should take some litigation risks since it is time to restore order in the community. He suggested that Council consider appointing an ad hoc committee, called "The July 41h West Newport Safe and Sane Committee ", which will be chaired by Council Member Proctor and include representatives from the City Attorney's office, the Police Department, and one or two representatives from the Association. He believed that the mission of the committee should be to establish and implement an action plan to make dramatic changes to restore peace and sanity in West Newport over July 4th. He added that a plan should be in place six months before the next July 4th so the residents will be familiar with it and prepared to abide by it. He noted that Huntington Beach and Palm Springs has done some things to restore order and the quality of life to its residents and added that Newport Beach residents deserve no less. Volume 55 - Page 332 City of Newport Beach Study Session Minutes August 27, 2002 INDEX Council Member Heffernan stated that the Port Streets had a lively Halloween assembly about ten years ago which had problems. However, the following year, the streets were closed and only residents were allowed to participate. He indicated that the problem was solved and there was no longer a need to close it again. Madalene Arakelian stated that, at one point, only residents were allowed on the Peninsula and traffic was controlled. She wondered why this was stopped. She asked whether the City has an ordinance regarding how many people can occupy a rental property. Mayor Ridgeway noted that the City faced an issue last year in which a family rented a house but let their college kids take it over with 10 to 12 friends. He stated that the City could not prevent the 10 to 12 people from being there. He noted that the agent who tried to lock down the house was arrested and had to pay a fine. He reported that the tenants were protected under landlord/tenant law. Ms. Arakelian asked how many of the young people were under 18 years old and why the City cannot have an ordinance that requires people under 18 to have adult supervision. She reported that Dana Point has a lot of people in the area on July 4th, but they do not have this problem. She stated that she would like to find out what they are doing to prevent this. She indicated that the City needs to do something about it and that she does not want to hear "we can't do it ". Mary Bryant stated that she agrees with everything everyone has said and indicated that it is time that the City looked at other communities and how they are celebrating the Fourth of July, i.e. 5K runs and pancake breakfasts. Mayor Pro Tom Bromberg stated that he has been viewing tapes like this for years and that every tape, no matter the year, has the same amount of people, same type of people in the area, and the same problems. He indicated that he has asked himself why the City has this, noting that Balboa Island has summer rentals but these problems do not exist there. He stated that the City would be dealing with Constitutional issues, but believed the City needs to stop being afraid and take extreme measures. He emphasized that not every Constitutional right is a protected right. He believed that it is impossible for something really bad to not happen, pointing out that the officer who was hit with glass this year could have had a shard of glass go through his head. He expressed the opinion that the City has the legal parameters to take drastic and extreme measures. He added that the City could prohibit alcohol for a day, close streets, and limit the area to residents only. He stated that forming a committee is a perfect start. Council Member Adams recommended that the formation of the committee be brought back to Council at the next Council meeting. Mayor Ridgeway agreed and believed it is also time that the City look at the homeownership /summer rentals in the area and the measures mentioned by Mayor Pro Tom Bromberg. Council Member Adams believed that the long term planning issues should be dealt with separately. He stated that the immediate need is to consider Mayor Pro Tem Bromberg's suggestions to address the problem now and, on a parallel track, look at long term land use issues that may be contributory. He indicated that, if the committee's scope is too broad, it will make it difficult to get things done. Mayor Ridgeway believed that the Council Member of the district should scope and identify issues for the committee. He noted that there was a previous committee that was formed years ago for this issue. Council Member Adams Volume 55 - Page 333 City of Newport Beach Study Session Minutes August 27, 2002 stated that this issue is more than something that just the Council Member from the district should have jurisdiction and involvement over, believing that this is a liability issue for the entire City and is an issue that affects the City budget and reputation. He suggested that, when creating the committee, Council representation be more than just the Council Member from the district. Mayor Pro Tem Bromberg stated that the City may constitutionally have a problem with limiting property rights regarding summer rentals. He agreed with Council Member Adams that a committee is needed and that it is a regional issue within the City. He asked if the City Attorney's office could look at this now since the City knows what it wants to accomplish. Council Member Heffernan stated that he cannot believe there is extended discussion about this problem since it is intolerable. He indicated that this event is an insult to the City and would never happen on Balboa Island and the Port Streets; however, it happens on the Peninsula and people turn their backs. He stated that other jurisdictions have had this problem and were able to deflate whatever the ingredients are that make a party place. He pointed out that there are a lot of people gathered in one location with a lot of alcohol. He believed that the focus should be to eliminate the event or at least greatly reduce it in 2003. He stated that the committee should have, by the end of the year, some concrete suggestions that can be implemented so, by the end of the first quarter, the City knows what it is going to do. He believed that, if the City fumbles around and worries about the Constitution, nothing will get done and the same problems will exist next year that will take years to deflate. He noted that there are residents from the area who know the background and history, and stated that those people are the ones who will be most directly affected and benefited by this. He agreed that this is a Citywide problem. He stated that this is unacceptable to him and emphasized that the City should not be viewed as the location on July 4th where everyone comes to have a great time, police be damned. PUBLIC COMMENTS — None. ADJOURNMENT — 6:00 p.m. x* xx *xxsrxxxx*x�k�,r�r*��xs *erxa�eE The agenda for the Study Session was posted on August 21, 2002, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 55 - Page 334 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 27, 2002 - 7:00 p.m. DRAFT INDEX STUDY SESSION - 4:00 p.m. CLOSED SESSION - 6:00 p.m. « « « « « « « « « « « « « « « « « «« A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Absent: Proctor C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Bromberg. E. INVOCATION - Doug Owen, Bishop of the Corona del Mar Ward, Church of Jesus Christ of Latter -Day Saints. F. PRESENTATIONS Presentation by Mayor Ridgeway of Proclamation to Michael Stephens, President and CEO of Hoag Memorial Hospital Presbyterian, Honoring the 50th Anniversary of the Hospital. Mr. Stevens stated that Hoag Memorial Hospital Presbyterian was made possible by the Presbyterian Churches of Orange County and the George Hoag Family Foundation. He thanked the City for the recognition. Presentation of Cultural Arts Grant Checks by City Arts Commission Chairman Catherine Michaels and Arts Coordinator Jana Barbier. Ms. Michaels also introduced Kathy Harrison and Lyn Belasco, City Arts Commissioners in attendance at the meeting. Checks were presented to Ballet Montmartre, Ballet Pacifica, Baroque Music Festival, City Arts Commission, Festival Ballet Theatre, Keith Glassman and Dancers, Laguna Playhouse, Music Rainbow, Newport Beach Film Festival, Newport Harbor Nautical Museum, Newport Beach Sister Cities Association, Orange County Museum of Art, Pacific Chorale, Pacific Symphony, Philharmonic Society of Orange County, South Coast Repertory Theatre, Southland Opera and Stop -Gap. Ms. Michaels announced that the last concert of the Concerts in the Parks 2002 series would be held on September 22, 2002, at Buffalo Hills Park. State Recycling Award Presentation. General Services Director Volume 55 - Page 335 Hoag Hospital Proclamation (33) City of Newport Beach City Council Minutes August 27, 2002 INDEX Niederhaus stated that the City began developing a recycling plan in 1990 to meet the requirements of the California Recycling Law, AB939. He displayed the plaque that the City received for achieving the 2000 50% goal, and acknowledged the efforts of the Environmental Quality Affairs Committee (EQAC), Bill Hamilton, Tony Wilson, the City's solid waste haulers, and CR &R, Inc. Council Member Glover additionally acknowledged the efforts of General Services Director Niederhaus. Presentation of $121,900 Donation from the Newport Beach Public Library Foundation by Tom Edwards, President of the Foundation. Mr. Edwards thanked the many people who have helped the library system. He presented a check in the amount of $40,000 that would be used for the Mariner's Library Branch and another in the amount of $121,900 that would be used for other programs, to Harry Hamilton of the Board of Library Trustees. Mr. Hamilton thanked the Foundation for its generous contribution and stated that private donations maintain the library system's many programs. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Adams requested that oral status reports of the Ad Hoc General Plan Update Committee (GPUC) and the Local Coastal Program Certification Committee meetings be provided at the City Council meetings, such as done for the Planning Commission meetings. Council Member Adams stated that the condition of the public restrooms in the City during the summer months needs to be improved. He requested that staff look into the matter. Council Member Adams stated that he recently read in a local publication that the City would not be joining forces with neighboring cities in attempting to address aerial advertising on the beaches. He noted that it should have been a policy decision made by the City Council and it wasn't. He additionally noted that the aerial advertisers that spoke at previous City Council meetings have not kept their promise to work with the City. He requested that the issue be addressed. Council Member Glover requested that Harbor Commission agendas and minutes be provided to the City Council. Mayor Pro Tem Bromberg stated that he has received many inquiries on the status of the undergrounding of utilities on Little Balboa Island. He announced that the telephone poles no longer maintain hot wires, but two homes have not been connected to the underground system. He stated that he spoke with the Edison Company and a pole will be left in place in front of these two homes. The remainder of the poles should be removed soon after Labor Day. Volume 55 - Page 336 City of Newport Beach City Council Minutes August 27, 2002 I. Council Member Heffernan requested that the policy for the advance notice a council member is required to give when unable to attend a City Council meeting be reviewed. He stated that this would insure that meetings are scheduled only when a quorum is expected. Council Member Heffernan announced that the results of the Airport Working Group (AWG) audit should be available in mid - September. Council Member Heffernan announced that the Police Department provided a report on the 4�h of July events in the City at the Study Session held earlier in the day. He stated that a committee will likely be formed to insure that constructive steps are taken to reduce the problems. He noted that the event is dangerous and has the potential of becoming worse. At the request of Mayor Ridgeway, Assistant City Manager Wood provided an update of the efforts being made by the City and the Local Coastal Program (LCP) Certification Committee. She stated that studies and analyses are underway, and that staff has begun drafting the first two chapters of the land use plan of the LCP. The LCP Certification Committee has asked that this information also be shared with the general plan committees. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 13, 2002. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCES FOR ADOPTION 3. VEHICLE CODE ENFORCEMENT WITHIN JASMINE PARK. Adopt Ordinance No. 2002 -15 authorizing application of California Vehicle Code to private roads in the Jasmine Park Development. 4. IMPLEMENTATION OF 3 %Q50 RETIREMENT FOR POLICE EMPLOYEES. Adopt Ordinance No. 2002.16 authorizing an Amendment to the Contract Between the City and the Board of Administration of the California Public Employees' Retirement System. 5. Item removed from the Consent Calendar by Council Member Adams. Volume 55 - Page 337 INDEX Ord 2202 -15 Vehicle Code/ Jasmine Park (70) Ord 2002 -16 C -563 Police Employees Retirement (38/66) City of Newport Beach City Council Minutes August 27, 2002 INDEX CONTRACTS AND AGREEMENTS 6. 2002 -2003 SIDEWALK, CURB AND GUTTER REPLACEMENT — C -3534 AWARD OF CONTRACT (C- 3534). 1) Approve the plans and BA -004 specifications; 2) award the contract (C -3534) to E.A. Mendoza of Irvine 2002 -2003 for the total bid price of $203,050 and authorize the Mayor and the City Sidewalk, Curb Clerk to execute the contract; 2) establish an amount of $20,000 to & Gutter cover the cost of testing and unforeseen work; and 3) authorize a Replacement budget amendment (BA -004) transferring $40,000 from the General (38/40) Services Concrete Maintenance Account No. 3130 -8239 to Account No. 7013- C5100020. 7. Item removed from the Consent Calendar by Council Member Adams. 8. MORNING CANYON CHANNEL — AMENDMENT NO. 1 TO THE C -3517 PROFESSIONAL SERVICES AGREEMENT WITH RIVERTECH, Morning Canyon INC. Approve Amendment No. 1 to the Professional Services Channel Agreement with Rivertech, Inc., of Laguna Hills, California, for $26,160 (38) for supplemental tasks in conjunction with the Morning Canyon Drainage Study and authorize the Mayor and City Clerk to execute the agreement. 9. CONTRACT FOR WORKERS COMPENSATION THIRD PARTY C -3040 ADMINISTRATOR (TPA) SERVICES. Approve continuation of a Workers joint agreement to provide third party administration claims services Compensation for the self- insured workers' compensation programs of the cities of Third Party Newport Beach and Costa Mesa with Hazelrigg Risk Management Administrator Services, Inc. of Chino for the term September 1, 2002 through (TPA) Services August 31, 2005; and authorize the City Manager to execute the (38) professional services agreement. 10. BALBOA VILLAGE IMPROVEMENTS PHASE 2 - AWARD OF C -3527 CONTRACT (C- 3527). BA -005 Balboa Village Item removed from the agenda by Assistant City Attorney Clauson. Improvements She explained that the project has a lawsuit pending regarding the Phase 2 removal of ficus trees in Balboa Village. She noted that the Judge on (38/40) the matter has requested clearer citations by the City so that he can adequately review the documents. A hearing is scheduled on the matter for September 16, 2002, and the City has been ordered to not take any action on the ficus trees until a decision is made at that hearing. MISCELLANEOUS ACTIONS 11. BUDGET AMENDMENT TO APPROPRIATE FUNDS ($121,900) BA -003 FROM THE NEWPORT BEACH PUBLIC LIBRARY Library FOUNDATION TO VARIOUS EXPENDITURE ACCOUNTS. Foundation Approve BA -003. Donation (40/50) Volume 55 - Page 338 City of Newport Beach City Council Minutes August 27, 2002 C1 INDEX 12. FINAL TRACT MAP NO. 16292 - CANNERY LOFTS - REQUEST Tract 16292 TO SUBDIVIDE AN EXISTING LOT CONTAINING Cannery Lofts/ APPROXIMATELY 0.45 ACRES INTO SEVEN PARCELS OF Request to LAND IN CONJUNCTION WITH THE DEVELOPMENT OF A 7 Subdivide UNIT COMMERCIAL/RESIDENTLAL MIXED USE PROJECT ON (TRM 16292) PROPERTY LOCATED IN THE SP -6 DISTRICT. Approve Final Tract Map 16292. Council Member Heffernan abstained from voting on this item. 13. Item removed from the agenda by a member of the audience. 522. COMMENTS ON DRAFT SUPPLEMENTAL TO THE 1999 Orange County STRATEGIC PLAN EIR FOR THE EFFLUENT PUMP STATION Sanitation District ANNEX AND COLLECTION SYSTEM ODOR AND CORROSION Project EIR CONTROL PROGRAM. Approve and direct staff to transmit (54) comments prepared by the Environmental Quality Affairs Committee. Motion by Mayor Pro Tern Bromberg to approve the Consent Calendar, except for those items removed (5, 7 and 13) and noting the removal of Item No. 10 from the agenda and the abstention on Item No. 12. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor ITEMS REMOVED FROM THE CONSENT CALENDAR 5. HOAG MEMORIAL HOSPITAL PRESBYTERIAN (PA2002 -038) - Ord 2002 -17 ONE HOAG DRIVE - REQUEST TO AMEND THE HOAG PA2002 -038 MEMORIAL HOSPITAL PRESBYTERIAN PLANNED Hoag Memorial COMMUNITY (PC -38) DEVELOPMENT CRITERIA AND Hospital DISTRICT REGULATIONS PERTAINING TO FLOOR AREAS Presbyterian - THAT APPLY TOWARDS THE ESTABLISHED MAXIMUM One Hoag Drive/ DEVELOPMENT ALLOCATION. THE APPLICANT SEEKS TO Planned EXEMPT FLOOR AREAS THAT ARE: 1) USED TO HOUSE Community STRUCTURAL SYSTEMS AS A RESULT OF MANDATES BY Development Text OTHER GOVERNMENTAL AGENCIES; AND 2) USED TO Amendment ENCLOSE THE ROOFTOP MECHANICAL LEVEL. BOTH OF 2002 -001 THESE AREAS ARE NOT REGULARLY OCCUPIED BY HUMAN (68) ACTIVITY (contd. from 7/9/02). Council Member Adams noted that he did not support the motion at the meeting of August 13, 2002, due to the unknown impacts of the action on future buildings on the campus. Motion by Mayor Pro Tern Bromberg to adopt Ordinance No. 2002 -17 approving Planned Community Development Text Volume 55 - Page 339 City of Newport Beach City Council Minutes August 27, 2002 Amendment 2002.001. Dolores Otting, Newport Beach resident, stated her concern for the operation of the hospital, the care that is received by patients and the service that is provided to the community. She requested that the City Council address the issue of the emergency room operation and the diversions to other facilities that take place. Mayor Pro Tom Bromberg stated that he personally has received excellent care from the hospital and knows of others who have also. The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Glover, Mayor Ridgeway Noes: Adams Abstain: O'Neil Absent: Proctor ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AMENDMENT NO. 5 TO COOPERATIVE AGREEMENT NO. C -95 -985. Council Member Adams stated that he disagrees with the inclusion of the Jamboree Road widening, south of Bristol Street, in the OCTA Capital Improvement Program (CIP). He stated that by approving the recommended action, this inclusion is being supported. Council Member Adams added that at the City Council meeting of September 10, 2002, there would be a recommendation to enter into an agreement with a traffic engineering firm to begin studying the possibility of reducing Jamboree Road from an eight -lane arterial to an arterial consistent with the status quo. Per Council Member Glover's question, Public Works Director Badum stated that a Jamboree Road flyover or grade separation is a project that is expected to be considered in the future, but is not a part of the seven-year OCTA CIP. Council Member Adams added that the study that will be considered on September 10, 2002, will actually look at the elimination of the two grade separations and the flyover. Council Member Glover stated that a flyover or grade separation will not be supported by the public and has not been supported by prior City Councils. Public Works Director Badum stated that it has been considered as a future potential project, but as traffic numbers are reviewed, it may be determined that it won't be necessary. City Manager Bludau added that the study mentioned earlier by Council Member Adams would provide some of the data needed to make the determination. Per Council Member Glover's question, he additionally noted that potential projects are identified for the purpose of establishing traffic fees. Council Member Glover stated that the project Volume 55 - Page 340 INDEX C -3051 OCTA Cooperative Agreement (38) City of Newport Beach City Council Minutes August 27, 2002 is not supported and should not be a part of the plan. Mayor Ridgeway stated that the study is expected to show that traffic on Jamboree Road does not necessitate a flyover, a grade separation or a widening of the roadway. City Manager Bludau noted that the study would also include predictions on future traffic volumes. Motion by Mayor Pro Tern Bromberg to approve Amendment No. 5 to Cooperative Agreement No. C -95 -985 between the OCTA and the City of Newport Beach and authorize the Mayor and the City Clerk to execute the Amendment. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Mayor Ridgeway Noes: Glover, Adams Abstain: None Absent: Proctor 13. GENERAL PLAN AMENDMENT INITIATION NO. 2002 -004 (PA2002 -134) — 129 AGATE AVENUE — A REQUEST TO INITIATE A GENERAL PLAN AMENDMENT AND AN AMENDMENT TO THE LOCAL COASTAL PROGRAM TO CHANGE THE LAND USE DESIGNATION FOR 3 SEPARATE PARCELS FROM RETAIL & SERVICE COMMERCIAL TO TWO - FAMILY RESIDENTIAL. Jim Hildreth stated that the City makes more revenue from a residential property than from a commercial property, but the matter of who would be taking over the residential property under question needs to be considered. He noted that the area is commercially zoned and future occupants would need to know that businesses are nearby. Mr. Hildreth stated that he thinks the City is intending to change other commercial properties in the area to residential. He stated that the property should remain commercially zoned because those who own businesses have more respect for the residents than the rental property owners do. Mr. Hildreth noted the current problems with Anne Lemen's residential property being in close proximity to the Village Inn, and expressed his disagreement with the recommended action. Motion by Council Member O'Neil to approve General Plan Amendment Initiation No. 2002 -004. Mayor Pro Tern Bromberg stated that the property under consideration is privately owned by a Balboa Island resident, is currently a parking lot and is 85% surrounded by residential properties. Assistant City Manager Wood noted that the recommended action would only initiate the general plan amendment and zone change. Surrounding property owners would be notified of future public hearings before the Planning Commission and the City Council. Volume 55 - Page 341 INDEX GPI 2002 -004 General Plan Amendment/ 129 Agate Avenue/ Local Coastal Program (45) City of Newport Beach City Council Minutes August 27, 2002 INDEX The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor K. PUBLIC COMMENTS John Lightburn, Committee to Abolish Helicopter Noise, stated that residents are split on the issue of helicopter noise, although there is no opposition to having effective law enforcement services. He stated that the issue is about how the services are provided. Mr. Lightburn stated that the Committee is attempting to find out the actual costs of the helicopter program and having it comply with the standards in place for the John Wayne Airport. He stated that the Committee is not seeking to eliminate the service, but sees a nuisance being created and one that needs to be dealt with. He stated that the matter should also be addressed during the general plan update process and by the City Council. Steve Alexander, Associate Director of Development for the South Coast Repertory Theatre, thanked the City Council for the grant presented earlier in the meeting and the City's continued support. Roger McGonegal, 2714 Hilltop Drive, President of the Rotary Club of Newport - Balboa, presented a card that contained the Four -Way Test, a standard that guides the more than 1.2 million Rotarians around the world in their daily lives. The Four -Way Test is a code of ethics, encouraging honesty and fairness when dealing with people. Additionally, Mr. McGonegal presented the City Council with a plaque containing the Four -Way Test. Jim Hildreth, The Grand Canal, noted a letter dated August 22, 2002, to Development Engineer Hoffstadt from the resident at 120 The Grand Canal. He requested that the letter be reviewed by the City Council. He noted that there is no reason for a utility to disconnect a service except for failure to pay the bill. He additionally noted that Pole No. 404823 should remain in place for safety purposes since it has a streetlight attached to it. On a different topic, Mr. Hildreth stated that the City has failed to provide documents to him regarding the pier permit at the southwest end of the Grand Canal and that he has provided documents to the City requesting these. He stated that he has received documents from the City that illustrate that the City does have the documents that he is requesting. He requested that the City Council address the issue of the City hiding documents. Dolores Otting agreed with the comments made earlier by Council Member Adams regarding the conditions of the public restrooms in the Volume 55 - Page 342 City of Newport Beach City Council Minutes August 27, 2002 INDEX City. She specifically cited the restrooms at the park on San Miguel Drive. Additionally, Ms. Otting stated that the residents of Newport Coast deserve to be made aware of how the slope maintenance in Newport Coast will be handled. Council Member Heffernan announced that the Newport Coast Advisory Committee (NCAC) would be meeting on September 3, 2002. He added that he would be meeting during the current week with the City Manager, the Fire Chief and the Public Works Director on the slope maintenance topic. He stated that the City is planning to present the details of how the issues will be handled by the City to the NCAC at the meeting in September. Julie White, 2411 Vista Hogar, introduced herself as an applicant for the Parks, Beaches & Recreation Commission. She realized that the Ad Hoc Appointments Committee had already reached their decision, but she expressed her appreciation for their consideration. Bud Grant, 310 Fernando Street, Balboa Arbor Society, stated that the Society is pleased that the court has recognized that the ficus tree issue has not received the kind of public hearing that it should have and that a temporary restraining order has been issued. Mr. Grant stated that the Society and the City agreed on a process by which three arborists would analyze the situation, evaluate the trees and determine if there was danger. He stated that the report issued stated that the trees could be saved. Mr. Grant requested that the City and the Society continue to work on the process. Mayor Ridgeway stated that an agreement was not reached between the City and the Society. Mayor Pro Tem Bromberg additionally noted that the court did not rule on the merits of the case. The court ruled on procedural aspects and the case would be heard at a later time. Assistant City Manager Wood further clarified that the agreement was reached on a process if an agreement could be reached on the criteria to be used for the evaluation of the trees. She stated that an agreement on the criteria was not reached. Linda Grant, 310 Fernando, expressed her appreciation for those who have supported the Balboa Arbor Society. She stated that it's all about saving the trees. She stated that the Society is only asking that the City be reasonable and not remove the trees. She noted that the Society is in favor of the Balboa Village project, but that it can be done without removing the existing ficus trees. Ms. Grant stated that the Society tried to work with the City, that an agreement was reached and that they're only suing the City because they have to. Lynn Miller, Balboa Peninsula resident, stated that the City has been an absent and abusive guardian of the twenty -five trees on Main Volume 55 - Page 343 City of Newport Beach City Council Minutes August 27, 2002 INDEX Street. She stated that the trees are over fifty years old, have been designated as special and protected trees, and the roots have had to reach for water due to lack of care. Ms. Miller stated that the trees have provided many benefits. She asked others to join the Society by contacting Stop Polluting Our Newport (SPON) at 949 - 548 -6326. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Heffernan announced that at the Study Session held earlier in the day, the City Council reviewed drafts of a Council policy dealing with permits issued by the City for telecommunication facilities on public property and a right -of -way ordinance. He stated that the Ad Hoc Telecommunications Committee would be working on both of these issues at its future meetings. Council Member Adams stated that the General Plan Update Committee (GPUC) met the day before. He stated that they discussed the methodology to use in conducting the detailed telephone survey that would be done to provide community input. He stated that they also received a presentation from the firm that has been hired to do the traffic studies for the general plan update. Mayor Ridgeway stated that he met with President Bush the week prior. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR AUGUST 22, 2002. Planning Director Temple stated that the first item was continued to September 5, 2002, at the request of the applicant. She stated that the application for a new restaurant on Westcliff Drive was approved, with modifications. A third item involved a variance for allowable floor area of a residence in Corona del Mar, and was also approved. Planning Director Temple stated that the fourth item was a request to add two aspects to real estate signs, one that would add a single rider sign and another to add a single brochure box. She stated that the Planning Commission denied the amendment to the City's sign regulations. Mayor Ridgeway called up the fourth item at the request of the real estate industry. Council Member Glover confirmed with Planning Director Temple that plastic boxes on real estate signs are not allowed. Planning Director Temple explained that the boxes put the signs beyond the square inches allowed in the City's current sign code, but the real estate industry feels that they're standard in the industry and are a convenience to their customers. Council Member Glover additionally confirmed that riders are not allowed if they put the sign beyond the Volume 55 - Page 344 City of Newport Beach City Council Minutes August 27, 2002 INDEX allowable square inches. Per Council Member Glover's questions, Planning Director Temple stated that the restaurant on Westcliff would be going in just west of the Union Bank property. N. PUBLIC HEARINGS 15. EZ LUBE (PA2002 -034) — 3600 EAST COAST HIGHWAY — PA2002 -034 APPEAL OF THE PLANNING COMMISSION DECISION TO EZ Lube - DENY A REQUEST TO CONSTRUCT AN AUTOMOBILE 3600 East Coast LUBRICATION FACILITY CONSISTING OF A 2,641 SQUARE Highway FOOT BUILDING WITH TWO SERVICE BAYS LOCATED IN (68) CORONA DEL MAR. THE APPLICATION INCLUDES A REQUEST TO WAIVE THREE OF THE TEN SPACE OFF - STREET PARKING REQUIREMENT (contd. from 6/25/02). City Manager Bludau stated that the applicant has requested that the item be continued to a City Council meeting in January 2003. Council Member Adams announced that he would be recusing himself from voting on the item due to the possibility that his company may have a contract with EZ Lube. Ken Genser, Moss & Associates, representing the applicant, requested that the continuance be approved to allow them the time to conduct a public education process. Council Member O'Neil noted that there was already a 60 -day continuance approved, and asked if any progress had been made during that period. Mr. Genser stated that they did firm up their site control. Council Member O'Neil stated that he had previously told Mr. Genser that he hadn't heard of any support in the community for the project and recommended that Mr. Genser retain a consultant to try to obtain some support. Mr. Genser stated that the consultants told him there wasn't sufficient time to do the work. Council Member O'Neil stated his support for Mr. Genser and his intentions, but that it would only be fair to consider the item at the current meeting. Mr. Genser stated that he understood from staff that continuances are fairly routine, so he didn't bring in the support he might have if he'd thought the item would be discussed at the current meeting. Motion by Council Member O'Neil to deny the request for a continuance. Council Member O'Neil stated that he didn't feel that the support in the community existed and that additional time wouldn't change that. Mr. Genser stated that if the item were to be denied at the current meeting and EZ Lube reapplied, it would be unfair to the public since it would result in an additional public hearing. He felt that one public hearing at a later date would allow for more meaningful input from the Volume 55 - Page 345 City of Newport Beach City Council Minutes August 27, 2002 public. INDEX Council Member Glover stated that Jiffy Lube installed a similar facility in her district after extensive negotiations. She stated that after seeing a Jiffy Lube in another state, she realized that the City could have been even stricter with Jiffy Lube in regard to its signage. She recommended that EZ Lube be allowed only one sign if the project is approved. Council Member Glover additionally noted that there isn't a market for automobile lubrication facilities in Newport Beach, since most people take their cars to their dealers. She stated that Jiffy Lube has already requested more signs to help increase their business. She agreed with Council Member O'Neil that more time would probably not increase the support in the community for the project. Mr. Genser stated that it is fairer for the public to become informed and EZ Lube would like a fair opportunity to present their project. Council Member O'Neil stated that the redevelopment of the Corona del Mar village is proceeding and the vacant lot where EZ Lube wants to install its facility would remain vacant during a continuance. Mr. Genser stated that if the project is not approved, the lot would possibly remain vacant for close to two years. Mike Dobson, President and owner of EZ Lube, stated that he didn't feel that the project should be looked at negatively because a continuance had been requested. He asked that the project be looked at on its own merits. He stated that a redesign of the building has been done, that the redevelopment project has been taken into consideration, and that the education process will take some time. Mr. Dobson stated that he did not ask for those that support the project to be in attendance at the current meeting because he understood that a continuance would be approved. He added, however, that due to the negativity being created by the continuance request, he felt that it might be more beneficial to present the project at the current meeting. Mayor Pro Tem Bromberg understood the applicant's expectation that the item might be continued, was encouraged to hear that he could present the project at the current meeting, but that it has already been continued once. He asked if the maker of the motion could amend his motion to continue the item for two weeks. Mr. Dobson stated that he could work with a thirty -day continuance. Council Member O'Neil stated that he didn't feel that the applicant could find support for the project, but was willing to give him some time to attempt to do so. Council Member O'Neil amended his motion to continue the item to September 24, 2002. Val Skoro, Corona del Mar resident, stated that he hasn't found one resident that is in support of the project. Volume 55 - Page 346 City of Newport Beach City Council Minutes August 27, 2002 Thaddeus Benshoof, 425 -A Marigold Avenue, stated that he did not want an EZ Lube in Corona del Mar. Paul Glowienke, 427 Hazel Drive, stated that every resident he's spoken with is opposed to an EZ Lube in Corona del Mar. Elizabeth Torelli, 516 Hazel Drive, stated her opposition to an EZ Lube in Corona del Mar and stated that everyone else feels the same way. She encouraged the City Council to deny the appeal. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Mayor Ridgeway stated that parking is always an issue and the City Council will not waive any parking requirements. The amended motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Mayor Ridgeway Noes: None Abstain: Adams Absent: Proctor 16. BUTLER RESIDENCE (PA2002 -037) — 911 W. BAY AVENUE — "PEAL OF THE DECISION OF THE PLANNING COMMISSION TO UPHOLD THE DECISION OF THE MODIFICATIONS COMMITTEE'S APPROVAL OF MODIFICATION PERMIT NO. 2002 -018. City Manager Bludau stated that a packet of information was received from the appellant the day prior and there wasn't enough time for staff to address the issues raised. He stated that it would be up to the City Council to determine if the item should be continued. Assistant City Attorney Clauson stated that the options before the City Council include not considering the new documentation received in making the decision at the current meeting, giving the appellant the opportunity to present the information in his testimony or continuing the item. Motion by Mavor Pro Tern Bromberg to continue the item to September 10, 2002. Mayor Pro Tem Bromberg stated that this would allow staff the opportunity to review and respond to the issues. Without all of the information, it would be difficult for the City Council to reach a decision. Mayor Ridgeway opened the public hearing. Council Member O'Neil asked if the appellant would agree to a continuation. Lawrence Davidson, attorney for the appellant, stated that he would need to know what the administrative procedures would Volume 55 - Page 347 INDEX PA2002 -037 Modification Permit No. 2002.018/ Butler Residence — 911 W. Bay Avenue (68) City of Newport Beach City Council Minutes August 27, 2002 INDEX be and if ground rules would be established. Mr. Davidson stated that he would be in support of applying the Administrative Procedures Act, which would provide for more time to respond, declare who has the burden of proof and clarify some of the issues. He stated that he could agree to a continuance if an agreement could be reached on the procedural framework. Council Member O'Neil stated that the procedure for a continuance is simply that the applicant presents his testimony at a future meeting and all of the information is taken into consideration by the City Council. Council Member Glover stated that the item is a land use issue, not a legal issue, and a process is already in place. Mayor Ridgeway stated that the appellant can either agree to a continuance or not. Per Council Member Adams' question about the documentation received the day prior, Assistant City Attorney Clauson stated that the provisions for the appeal are that the City Council considers all of the information that was submitted to the Planning Commission, and any testimony provided at the hearing before the City Council. She stated that it doesn't require the City Council to consider any new written documentation. Assistant City Attorney Clauson added that the Administrative Procedures Act does not apply to the City. Council Member O'Neil agreed with a continuance to allow time to review the new information, but asked if the City Council could continue the item without the appellant's consent. Assistant City Attorney Clauson stated that it would be better to have their consent. Jennifer Friend, attorney for the appellant, stated that the staff report differs on the way in which the appeal hearing should be conducted and that this needs to be clarified. She explained that the appellant has already completed 85% of the project as originally approved and permitted. She stated it would be difficult for there to be a change made to the decision on the original modification permit. Ms. Friend stated that they do want the City Council to have all of the information before making their decision, but that guidelines need to be established as to what the City Council is actually deciding on. Mayor Ridgeway stated that he is prepared to make the land use decision at the current meeting, and noted that it is not a difficult issue to understand. Mr. Davidson stated that their concern is that staff has not adequately defined the framework for what is being heard. He stated that he could agree to a continuance if the City Council believed it would assist them in understanding the facts of the case. Jim Hildreth, Grand Canal resident, noted that it was mentioned earlier that several attorneys sit on the City Council, but he stated that they are actually lawyers. Council Member Heffernan asked for a clarification on what Volume 55 - Page 348 City of Newport Beach City Council Minutes August 27, 2002 INDEX documentation the City Council would consider when making its decision at the continued hearing. Assistant City Attorney Clauson suggested that the City Council provide the appellant with a deadline for when any new material must be received by the City in order for it to be considered. Council Member Heffernan suggested that there be no requirement to consider any new information received. Assistant City Attorney Clauson stated that the motion could include this stipulation. Mr. Davidson stated that it hasn't been determined who has the burden of proof and suggested that a briefing schedule be agreed on. Mayor Ridgeway suggested that a continuance not be approved. Council Member Glover suggested that the matter be heard at the current meeting. Mayor Pro Tem Bromberg withdrew his motion. Planning Director Temple stated that the modification permit relieved the applicant of the conditions of approval of a previously approved modification, which allowed the construction of a patio cover into the required front yard setback. As part of the modification permit, there was a specific condition that required an additional modification if the rail were to be relocated. Planning Director Temple stated that the Modifications Committee required a portion of the construction to be moved back to address privacy and view obstruction concerns of an adjoining property owner. The Planning Commission upheld the Modifications Committee's decision. She further explained that the first modification received by the applicant was not appealed. A subsequent modification request regarding the width of the patio cover was denied and was also not appealed. She stated that a decision made by her regarding the original plan's substantial conformance with the original modification was appealed and the Planning Director's decision was upheld. Mayor Ridgeway confirmed with Planning Director Temple that the appeal was related to the patio cover, and not to the railing. Further, the easterly portion was not allowed to go all the way to the front yard setback line, and was not appealed. Mayor Ridgeway further confirmed that the appeal before the City Council is in regard to a portion of the railing. Planning Director Temple further clarified that the Modifications Committee approved a portion of the railing to move into the front yard setback, but not to the extent that the applicant desired. Assistant City Manager Wood also added that the Modifications Committee's decision, which was upheld by the Planning Commission, included a condition that a part of the originally approved patio cover be removed. She stated that staff is not recommending that this condition be required, and that references to the patio cover being revised be eliminated from the findings and conditions. Mayor Ridgeway stated that he has been at the site and met the Volume 55 - Page 349 City of Newport Beach City Council Minutes August 27, 2002 applicant. INDEX Assistant City Attorney Clausen stated that the City Council can look at what was approved by the Modifications Committee and consider whether they want to uphold, modify or deny that decision. She stated that the City Council is limited to the materials provided to the Planning Commission when making its decision. Mr. Davidson stated that the additional information provided the day prior thoroughly outlines the appellant's position and the relevant points, and contains no new information. He stated that the permit granted on May 3, 2000, was granted unconditionally, and that any conditions were added later. Mr. Davidson stated that the appellant received a building permit, and has completed the structure permitted. He stated that the structure also complies with the determinations made by the Planning Commission in July 2001 regarding the deck extension into the side yard setback. Mr. Davidson stated that there are conflicts in the findings made and the letters submitted. He additionally noted that the letters were submitted improperly and untimely. In regard to the staff recommendation presented by Assistant City Manager Wood, Mr. Davidson confirmed that this would mean that the removal of the decking would not be a requirement. Council Member Adams stated that the original modification permit did have conditions attached to it, and confirmed that the applicant did not appeal this permit. Mr. Davidson stated that the permit was not appealed because Condition No. 3 was not disclosed to the applicant until after the permit was granted. He explained that subsequent letters differed from the permit, which was granted orally at the public hearing. Assistant City Attorney Clausen stated that conditions are done verbally at Modifications Committee meetings, and put into written format later. She stated that the reason to appeal and exhaust administrative remedies at the time the permit is issued is so that a better evaluation can occur. She stated that, at this time, staff can only rely on the written permit. Per questions of Council Member Adams and Mayor Ridgeway, Planning Director Temple stated that the Modifications Committee approved the patio cover extension in 2000, but not for the full width across the property. When the City found out that the patio cover did extend across to both setback lines, the applicant was informed that he would need another modification, which was applied for and denied. Planning Director Temple stated that, at that time, the applicant could have appealed the decision of the Modifications Committee, which didn't allow the full width of the patio cover. The applicant, however, appealed the Planning Director's determination that the original set of plans were not consistent with the original modification. This appeal was denied by the Planning Commission. Planning Director Temple stated that the set of plans were issued in error by the City. She noted, however, that the plans did not show the deck railing moving out to the edge of the patio. It showed the railing conforming within the setbacks. Volume 55 - Page 350 City of Newport Beach City Council Minutes August 27, 2002 INDEX Mayor Ridgeway reiterated that at no time was the deck railing ever approved to go out to the edge. Per Council Member Adams' question, Planning Director Temple stated that the Modifications Committee is an administrative body that holds legally noticed public hearings for certain applications, as provided by the code. Michael Clary, 909 W. Bay Avenue, next -door neighbor of Mr. Butler, stated that his home, privacy and view corridor are the most affected by Mr. Butler's unauthorized deck extension into the front yard setback. He stated that he is strongly opposed to the eastern half of the deck. Mr. Clary stated that on May 8, 2002, the Modifications Committee authorized Mr. Butler to keep the western half of the deck extension, but to remove the railing, deck material and enclosed electrical fixtures on the eastern half. He stated that the decision is a generous one, but was appealed by Mr. Butler to the Planning Commission. On July 18, 2002, the Planning Commission upheld the decision of the Modifications Committee. Mr. Clary stated that the full deck extension was denied in the original permit and the compromise gives Mr. Butler about 60% of the unauthorized deck extension, while still protecting the neighbors. Mr. Clary stated that if Mr. Butler couldn't be satisfied with this, that Mr. Clary would be in favor of denying the entire decking. Dolores Otting stated that the meetings of the Modifications Committee are recorded and notes are taken. Planning Director Temple stated that the taping of meetings began only about a year ago. Mr. Davidson stated that the applicant didn't appeal the decision of the Modifications Committee because he received building permits that were approved as being consistent with the original modification permit. Mr. Butler didn't know anything was wrong, since the permits were consistent with the unconditional approval he received verbally at the meeting. The issues didn't arise until after Mr. Butler's structure was 85% complete. Mr. Davidson added that Mr. Butler had a meeting with a Planning Department staff member prior to his original application to find out about the process. At that meeting, the staff member wrote "deck extension/patio cover" in her notes, so Mr. Butler thought that's what he was applying for. In closing, Mr. Davidson stated that there is also a photograph available that proves that there is no impact to the public from the structure. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member Adams to deny the requested Modification Permit based on a finding that there is no property right to encroach within the established setbacks for the zoning district where the property is located, that approval of the request will encourage further requests to extend second floor patios into the Volume 55 - Page 351 City of Newport Beach City Council Minutes August 27, 2002 established setbacks, and that erosion of the established setback along Bay Avenue will be detrimental and injurious to property improvements in the neighborhood generally, and Bay Avenue specifically; and to require that the applicant return the deck railing back to its originally authorized location in accordance with the original modification permit. Substitute Motion by Mayor Ridgeway to consider the reduced deck approved by the Modifications Committee and affirmed by the Planning Commission as a reasonable compromise; to not require revisions to the previously approved patio cover; to amend the findings and conditions of the approval by eliminating all references to the patio cover being revised; to allow the westerly side to remain as is and to require the appellant to move the easterly side of the railing back to its original location. Mayor Ridgeway stated that he has been to the site and that Mr. Clary's request is reasonable. He noted that he is not rewarding Mr. Butler, that Mr. Butler did have a permit, but it never allowed for the railing. The substitute motion carried by the following roll call vote: Ayes: O'Neil, Bromberg, Mayor Ridgeway Noes: Glover, Adams Abstain: Heffernan Absent: Proctor O. CONTINUED BUSINESS 17. UNSCHEDULED VACANCY ON THE PARKS, BEACHES & RECREATION COMMISSION AND THE PLANNING COMMISSION. Deputy City Clerk Fisher announced the nominations of the Ad Hoc Appointments Committee and their recommendation to fill the vacancy on the Parks, Beaches & Recreation Commission to June 30, 2007, which is consistent with Council Policy A -2, Board & Commission Appointments, that allows for the unexpired term plus one full term of four years. Motion by Mayor Pro Tem Bromberg to confirm the nominations of William Garrett and Christopher Sarris to fill the unscheduled vacancy as a result of the resignation of Stuart Macfarland from the Parks, Beaches & Recreation Commission for the term ending June 30, 2007; confirm the nominations of Jeff Cole and Michael Toerge to fill the unscheduled vacancy as a result of the resignation of Mike Kranzley from the Planning Commission for the term ending June 30, 2005; and schedule the appointments to be made on September 10, 2002. The motion carried by the following roll call vote: Volume 55 - Page 352 INDEX Parks, Beaches & Recreation Commission and Planning Commission Vacancies (24) City of Newport Beach City Council Minutes August 27, 2002 fj Ayes: Heffernan, Ridgeway Noes: None Abstain: None Absent: Proctor O'Neil, Bromberg, Glover, Adams, Mayor 18. COUNCIL CONSIDERATION OF AUTHORIZING A CONSULTANT STUDY REGARDING THE FEASIBILITY OF CITY PURCHASE OR LEASE OF MARINER'S MILE PROPERTY TO ENSURE MARINE LAND USES. Motion by Mayor Pro Tem Bromberg to authorize a feasibility study, appropriate $5,000 from unappropriated revenues and direct the City Manager to amend the City's agreement with Applied Development Economics. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor 19. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE — OCTOBER 2 - 5, 2002 IN LONG BEACH. It was determined that an elected official needed to be appointed by September 6, 2002. Not readily finding anyone on the City Council who would be attending the conference, Mayor Ridgeway postponed the decision of the appointment to later during the current meeting. 20. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION AND APPOINTMENT BY MAYOR OF AN AD -HOC APPOINTMENTS COMMITTEE. Motion by Mayor Ridgeway to accept the resignation of Jeffrey Gould from the City Arts Commission effective August 16, 2002 (term expires June 30, 2005); direct the City Clerk to advertise the vacancy pursuant to Council Policy A -2; and appoint Mayor Pro Tem Bromberg and Council Members Adams and Heffernan to serve on the Ad Hoc Appointments Committee. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Volume 55 - Page 353 INDEX Mariner's Mile Property/Marine Land Uses (51) League of California Cities (61) Arts Commission Vacancy /Ad Hoc Appointments Committee (24) City of Newport Beach City Council Minutes August 27, 2002 Noes: None Abstain: None Absent: Proctor 21. PRESENTATION BY CABLE CONSULTANT SUE BUSKE AND DOCUMENTATION OF PUBLIC COMMENTS REGARDING BOTH ADELPHIA AND COX CABLE TV COMPANIES SERVING RESPECTIVE PARTS OF THE CITY. Public Information Officer Jackson stated that cable TV franchise agreements for both Adelphia and Cox expired January 27, 2002. The agreements were extended for one year to allow time to conduct a community needs assessment as it pertains to cable. Council Member Heffernan requested that the presentation include what the City can and cannot do, what the options are, and how the process is subject to federal regulations. Sue Buske, President of the Buske Group, a consulting firm that works with local governments to assist them with the various procedures that they have to adhere to when dealing with their local cable companies, stated that both Adelphia and Cox have requested that their franchises be renewed. She stated that the City must use the formal procedures as laid out under Section 626 of the Cable Act, and that this requires the City to conduct a needs assessment process to gather community input. Ms. Buske stated that cable TV franchise agreements are nonexclusive contracts. She stated that they have generally been 15 years long in the past, but that recent franchises have been 8 to 10 years. Ms. Buske noted that the renewal process is critical in determining what future services the subscribers will receive. She additionally noted that the City has approximately 27,000 cable TV subscribers, with about two - thirds of them being serviced by Adelphia and about one -third by Cox. Ms. Buske stated that the needs assessment process includes a telephone survey, focus groups, the current meeting, gathering and reviewing planning documents of various organizations within the community, analyzing all of the data and preparing two reports. Ms. Buske stated that what has been heard in general and broad terms so far has included frustration over high rates, frustration over Adelphia's high -speed internet service, confusion over the choice of cable providers and an interest in community -based programming. She provided some specific observations made from this information. Ms. Buske stated that the current meeting provides an additional opportunity for those in the community who wish to express their opinions to do so, to allow the City Council to hear public input directly and to allow those watching the meeting at home to learn more about the process. Volume 55 - Page 354 INDEX Adelphia & Cox Cable TV Companies (42) City of Newport Beach City Council Minutes August 27, 2002 INDEX Ms. Buske noted that it is important to understand that the authority of local government to deal with cable is not unilateral, but is a mix between federal, state and local law. Regarding her previous comment that the franchise agreements are nonexclusive, Ms. Buske explained that this means that any cable TV service provider can come in during the term of an existing franchise and offer to compete. She stated that the current franchises were granted in 1991 and the incredible change in technology during that time should be considered when preparing the renewals, since many services may not have been envisioned at the time the 1991 agreements were granted. She stated that it is rare for a City to deny a cable TV company's request for renewal, but it does occur. Ms. Buske further explained that the cable TV companies actually own the wires that run in the public right -of -way. This needs to be considered when granting additional franchises, since competition should be encouraged but the public right -of -way should also be protected. Ms. Buske stated that cable TV franchise agreements are primarily landlord/tenant relationships. In closing, Ms. Buske stated that the next steps that need to be done to complete the needs assessment process include finishing the focus group meetings, receiving and reviewing public input at the current meeting, gathering and analyzing additional long -range strategic documents, finishing data input and analysis, and preparing the overall needs assessment report. Mayor Ridgeway asked for a clarification on what the cable TV companies own as far as the wires. Ms. Buske explained that they always own the wires, but ownership of the conduit varies among cities depending upon pole location requirements. Noting the high demand for local programming, Mayor Ridgeway asked if the cable TV companies could be required to provide local programming to satellite outlets. Ms. Buske explained that local governments are not authorized to require cable TV companies to become common carriers. She further explained that telephone companies are common carriers and regulated under Title 2 of the Communications Act, while cable TV companies are not common carriers and are regulated under Title 6. She stated that there has been lobbying and debate over the issue. Mayor Ridgeway stated that the City still has rights through the encroachment agreement, but Ms. Buske pointed out that the City's encroachment agreement and franchise agreements are quite different. Council Member O'Neil asked what capital investment would be required if a new cable TV company wanted to come into the City and compete against Adelphia and Cox. Ms. Buske stated that it would be a great investment, but it has been done. Mayor Pro Tem Bromberg asked how desirable Newport Beach is as a customer. Ms. Buske stated that the City's cable subscriber level is high and above the national average of about 70 %, but there are a few construction issues due to the City's geography. She additionally noted, however, that the City's subscribers also take advantage of a variety of Volume 55 - Page 355 City of Newport Beach City Council Minutes August 27, 2002 INDEX services provided through the cable networks. Council Member Glover stated that she would prefer for all citizens to have the choice between Adelphia and Cox. She stated that it would increase customer satisfaction, although she realizes that it would tear up the streets. Per Council Member Glover's question, Ms. Buske stated that the provision of service in the commercial areas will be looked at through the renewal and negotiation process. Council Member Glover stated that it is needed in Mariner's Mile and in some areas near the airport. Council Member Heffernan asked for a report on the fees that the City receives and what it is based upon. Ms. Buske stated federal law caps the franchise fee at 5% of gross revenues. She noted that gross revenues are defined in the franchise agreement and subject to regulations. Assistant City Manager Kiff stated that the City's preliminary budget for fiscal year 2002 -03 estimates $1.8 million in franchise fees, with about 80% of this coming from cable TV franchises. Mayor Ridgeway noted that there is a cost to the City in maintaining the streets. Marce Almaraz, Regional Commissioner of the American Youth Soccer Organization (AYSO), requested that the City Council require additional coverage by the cable TV companies of the youth events throughout the City. He specifically noted the AYSO Championship Day on November 24, 2002. Jim Hildreth, The Grand Canal, stated that Cox is located in San Diego, requiring a long - distance telephone call to reach them. He stated that a renewal should assure that they are less difficult to contact. He agreed that more community events should be shown. In closing, he stated that it should be determined who the carrier for the City will be since Adelphia filed for bankruptcy. Assistant City Manager Kiff stated that Cox has an office in Rancho Santa Margarita, servicing Southern Orange County and Newport Beach. City Manager Bludau further clarified that Cox isn't necessarily taking over Adelphia. Laura Dietz, 325 Cameo Shores Road, asked for a report on the makeup of the focus groups that were discussed earlier. Ms. Buske stated that the focus groups were advertised and open to the general public. She stated that they were organized into interest areas and provided a cross section of the community. Dolores Otting stated that she attended one of the focus group meetings and noted that you can always get the results you want by slanting things. She specifically cited the example of the van that would be needed to tape the various sporting activities, but no one wants to pay more for their service to fund such an addition. She requested that the Volume 55 - Page 356 City of Newport Beach City Council Minutes August 27, 2002 INDEX City look into discounts for seniors and services at nursing homes. Ms. Otting additionally noted that the City Council meetings occur on the same nights as the Newport -Mesa Unified School District, and something needs to be done so that both meetings can be shown on Cox. Lastly, she requested that the audio of the City Council be improved. Mayor Ridgeway asked if the cable TV companies are required to set aside a certain amount of time for local programming. Ms. Buske stated that there are no federal requirements, but local governments can negotiate those requirements through their franchise agreements. Phil Arbena, Government Affairs Manager for Adelphia Communications, assured the City that although they are in bankruptcy, they are restructuring and will provide a complete report to the bankruptcy court in December 2002. He stated that there is no danger of Adelphia customers losing their service. He added that Adelphia has historically adjusted their rates once per year and that this year was no different. Assistant City Manager Kiff acknowledged Adelphia and Cox for their responsiveness in resolving customer service complaints received by the City over the last several months. Council Member Heffernan requested that the next steps in the process be outlined. Assistant City Manager Kiff stated that the franchise agreements have been extended to January 1, 2003, but the City will most likely request a second extension. He stated that once the needs assessment has been completed, the City will begin negotiations with Adelphia and Cox. He stated that two proposed ordinances will be presented to the City Council in January or February, one for each of the franchise agreements. Per Council Member Heffernan's question about the need for a second extension, Assistant City Manager Mff explained that the community needs assessment process is very specific about the kinds of input needed and it is taking longer than originally expected. 19. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE — OCTOBER 2 - 5, 2002 IN LONG BEACH. Council Member Adams confirmed that he would be able to attend the League of California Cities Annual Conference. By acclamation, Council Member Adams was designated as the City's Voting Delegate for the Conference. Q. MOTION FOR RECONSIDERATION — None. R. ADJOURNMENT — at 10:30 p.m. in memory of Philip Maurer. Volume 55 - Page 357 City of Newport Beach City Council Minutes August 27, 2002 The agenda for the Regular Meeting was posted on August 21, 2002, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on August 23, 2002, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 55 - Page 358 INDEX