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HomeMy WebLinkAbout01 - Minutes - 06-28-2011Agenda Item No. 1 July 12, 2011 ��' 411 9e ,I ID) , -0 �1 , 111 City Council Minutes City Council Study Session June 28, 2011 — 4:00 p.m. I. ROLL CALL Present: Council Member Hill, Council Member Henn, Council Member Selich, Council II. CURRENT BUSINESS CLARIFICATION OF ITEMS ON THE In response to cost - estimate /cone\ (Disposition of Surplus Assessment Disti Badum reported that Assessment Distri ever had, the contingency was about�$1.3 money, there were not as many di fa ficult encounter, they were able to aa� mos approximately $200,000 of the money is'i 2. UPDATE ON- FOURTH OF JULY IN Police Lieuteni year's Jaly 4t„, Police and Mayor Council from Mayor Henn regarding Item 7 t Fund BalancesAPnblic Works Director '69 was the largest district the City has ,illion�,staff was relatively frugal with the s in pav ni g -the- streets as they normally of the contingency, and mentioned that eregtearnin/gs on the contingency. ,ST NEWPORT. 1100 -20111 presentation to discuss issues, last I ement concepts, the implementation of the to the Peninsula, police shift times, the full city outreach, staff contacts, and planning, utilized a PowerPoint presentation and spoke about the Parade and Festival. >ued between Council and staff regarding traffic around the turn - Balboa Boulevard, time and location of the parade, outreach to UCI uses in the area, and changing the culture of West Newport. Jim Mosher thanked staff for extending the number of family - friendly events in the City, including the fireworks display at the Newport Dunes but expressed his concerns regarding parking and walk -in fees for residents pursuant to Council Policy B -12. City Manager Kiff stated that staff would look into and address his concerns DISCUSSION OF OPTIONS FOR PROVIDING OF LEGAL SERVICES TO THE CITY AND STRUCTURE OF THE OFFICE OF THE CITY ATTORNEY. [100 -20111 City Attorney Hunt utilized a PowerPoint presentation to discuss internal resources, resources by task, paradigm options, staff cost reductions, and an hourly rate Volume 60 - Page 174 City of Newport Beach City Council Study Session June 28, 2011 III. comparison table: In response to questions from Council, City Attorney Hunt clarified that he gave in- house examples to give Council an idea of the amount of work that would have to be sent out, spoke regarding core responsibilities, managing outside legal services, the possibility of outside counsel costing more, monetary savings in reducing the role of the City Attorney, billable hours, and the balanced on- demand and integrated model. Z­\ Council Member Daigle stated that she is inclined to support the balanced on- demand model and requested discussion on how the management of outside counsel will be executed. She expressed the need to negotiate better rates and determine the feasibility of limiting the number of outside legal firms that -the City uses ,.. Council Member Curry stated that he is inclined to support the balanced on- demand model using more enhanced contracting services along with \some m -house capability. He noted that the City intends to(fully� meet its ob gations\to provide the best legal counsel to the City and vigorously defend its taxpayers. Council Member Rosansky stated -that he is inclined to support the balanced on- demand model with a less robust City Attorney's Office and more outside assistance. Council Member Hill stated that he-is ` inclined to- support the balanced on- demand model. He recommended testing the potential cost savings on previous years. Discussion ensued between the City Attoynand-Council regarding economies of scale. Council Memb \r -Selich stated that he is inclined to support the balanced on- demand model; however; leaning more toward thel philosophy of a three attorney model and making sure that the core in-house area,is covered while controlling the overall cost in the City Attorney's )Office through proper use of outside legal counsel. Henn stated that he- is_inclined to support the balanced on- demand model and fended 'further \ discussion by Council on what each model really means in of specific recommendations, areas to be outsourced and how the City �y's Office will/perform on a day -to -day basis. He emphasized that this his not an issue about the quality of work performed by the current City Hunt summarized that there is a consensus on Council to go with the :wand model. Homer Bludau referenced Agenda Item 22 (FY 12 Special Event Support Recommendations) and spoke regarding an application submitted by the 1/1 Marine Beach Challenge for $4,000 ($2,000 in parking fees and $2,000 to cover the cost of the permits). He provided a brief history of the 1/1 Marines Foundation and asked for the City's partnership in going forward with the event. In response to Mr. Bludau's comments, Council Member Daigle donated $500 from her contingency account to the 1/1 Marine Beach Challenge. Volume 60 - Page 175 City of Newport Beach City Council Study Session June 28, 2011 Jim Mosher expressed his concerns regarding Closed Session Agenda Item II.0 (Marina Park Mobile Home Park), as well as topics and language permitted by the Brown Act. City Attorney Hunt stated that he disagreed with Mr. Mosher's statements and reported that Council is in full compliance with the limited exceptions of the Brown Act. IV. ADJOURNMENT - 5:20 p.m. The agenda for the Study Session was posted on June 23, 20T7, at 3':30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 60 - Page 176 City Council Minutes City Council Regular Meeting June 28, 2011 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:00 p.m. A. Conference with Legal Counsel - faD: Four matters: In 1. Benard v. Newport Beach, Orange County Superior Court Case No. 30 -2011- 00456286 2. Frizzell and Shulman vewpori Beach, Orange County Superior Court Case No. 30- 2011- 00472517- CU -OE,ZC % 3. Matheis v. Newport Beach, Orange County S\rior Court Case No. 30 -2011- 00477924 \ V 4. Nine v. Newport Beach, Orange Count" y Superior Court Case No. 30-2011 - 00465231:CJ( % Kiff, City Manager, Terri Cassidy, Human Resources Emplovee'Oraanizatidn: All—Labof Associations: Association of Newport Beach Ocean Lifeguards ("BOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association n (PMA); Police Employees Association (PEA); City Employees As sociationN(CEAS); Newport Beach Professional & Technical Employees Association (Prof - Tec \).; Newport Beach Employees League (NB LEAGUE); Newport Beach Part -Time Unit C. Conference) with Real Property Negotiator (Government Code S 54956.8): One Prouertvi Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach City Negotiator: Dave Webb, City Engineer Negotiating Parties: Curtis Fossum State Lands Commission Under Negotiation: Resolution of boundary between Tidelands and Uplands D. Public Employee Performance Evaluation (Government Code $ 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of one public employee. Title: City Attorney Volume 60 - Page 177 City of Newport Beach City Council Minutes June 28, 2011 III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro T Council Member Selich, Council Member Curry, Council Member VI. CLOSED SESSION REPORT Regarding Item II.A, City Attorney Hunt reported that, by a defense of Bernard u. Newport Beach and Matheis u. Ne "a with Council Member Curry recusing himself, Council authoriz Beach. Regarding Item II.D, City Attorney Hunt reported that, by a authorized the Mayor to execute a Mutual Separation Agree agreement is to provide that the City Attorney is mutually\se Newport Beach, he will assist the City in transitioning, he will appointed and is seated or until September'23 2011, whichev, severance pay will be paid pursuant to the Separation Agreement On behalf of the City Council, Mayor Henn \thanked City A professionalism and service over the last two and a half, years. VII. PLEDGE OF ALLEGIANCE - Council VIII. INVOCATION - Reverend Robber Jor IX. PRESENTATIONS YNone 1 X. NOTICE TO THE PUBLIC\ L XI. CITY COUNCIL•.ANNOUNCEMENTS of Mayor Henn, until authorized the ther \by a vote of 6 -0 of Nine u. Newport vote of 7�-�0, Council approved and nent/with the City Attorney. The )aratingiamrcably with the City of stay until the time his successor is r occurs first, and three months of for his accomplishments, Universalist Society Council Member Hill mehtione'd that since the passing of the Revised Zoning Code some individuals on the Peninsula that own parking lots have received a notice from the City placing new conditions on their\properLy, as well as requesting that they apply for a new Minor Use Permit at the cost of $1,936. He requested that staff look into this matter and identify if there are any other items in the Zoning Code revision that are causing existing properties to become non - conforming. Council Member Rosansky announced that the Orange County Humane Society's ribbon cutting ceremony will b /held on July 23 to celebrate the transfer of the City's animal shelter from the Newport Beach�Animal Shelter in Costa Mesa to the Orange County Humane Society in Huntington Beach. Council Member Daigle announced that the City will be making street widening and roadway improvements to the Jamboree Road Bridge, which was funded by the City of Irvine through a negotiated settlement. Council Member Curry reported attending the Art in the Park program sponsored by the Arts Foundation and the Concert in the Park program sponsored by the Art Commission on June 25, mentioned the upcoming Shakespeare by the Sea and reported that the Government Finance Officers Association awarded the City of Newport Beach its Certificate of Achievement for Excellence and Volume 60 - Page 178 City of Newport Beach City Council Minutes June 28, 2011 Financial Reporting on June 15. Council Member Selich requested that staff provide Council with a report regarding the Revised Zoning Code making sure that the City is not having any non - conforming properties as unintended consequences of the revisions made to the Zoning Code. Mayor Pro Tem Gardner reported attending a Little League All-Stars gameragainst Laguna Beach. She also reported on an issue raised during today's Study Session regarding charging residents for parking at the Dunes on the 41h of July and a potential conflict with Council Policy B -12 because the City contributes money for the fireworks. City Manager Kiff stated that the issue has been resolved and clarified that Newport residents will not be charged if they come to see the fireworks later in the evening. Mayor Henn reported attending and presenting to the Coy Team a National Champions Award from ESPN Rise Mag; Johnson as the 2011 Newport Beach Citizen of the Yea ceremony, the Mr. Irrelevant Week Kickoff Celebration on J and the Police Department promotional and service award Police Department made a presentation oniJuly-4th I Study Session, and announced the first -ever 4th o ?Ji Parade and Community Festival. He also announced a Firefighter's Olympics starting on July 10. \ XII. CONSENT CALENDAR ����Zf►YeI�)�It3ih�t /yNol.9l�l: i�iTa7.�h C. 1. 14, 2011. a del Mar High School Boys Volleyball ne on June -37, a dinner lionoring Tom the Queen of Angels groundbreaking e 20, the grand opening of Curl Fitness, remony on June 28. He noted that the aratidns on the Peninsula during today's is for Families1- Newport Peninsula Bike riety of weeklong events to be held for the )N AND REGULAR MEETINGS OF JUNE of subject minutes, approve as written, and 2. READING ORDINANCES AND RESOLUTIONS. Waive reading in full of all ,,—­ordinances and r`sol` ns unAr consideration, and direct City Clerk to read by title 3. \CITY ADMINISTRATIVE DEPARTMENT RESTRUCTURING AND RENAMIiNG. [100 -20111 Introduce Ordinance No. 2011 -17, amending Chapter 2.12 of Title 2 of the Newport Beach Municipal Code pertaining to administrative departments and organization of the City, and pass to second reading on July 12, 5. APPROVAL OF THE ORANGE COUNTY TRANSIT AUTHORITY (OCTA) SEATIOR MOBILITY PROGRAM COOPERATIVE AGREEMENT AND ACCEPTANCE OF GRANT FUNDS FOR THE OASIS TRANSPORTATION PROGRAM. [381100 -2011] a) Adopt Resolution No. 2011 -59 authorizing the Senior Mobility Cooperative Agreement with the Orange County Transportation Authority (OCTA) and acceptance of associated grant funds, effective July 1, 2011 through June 30, 2016, and authorize the Recreation and Senior Services Director to act as the authorized agent for the City to execute any actions necessary to implement the Cooperative Agreement for the Senior Mobility Program. Volume 60 - Page 179 City of Newport Beach City Council Minutes June 28, 2011 FBI 6. SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING (MOU) WITH THE LIFEGUARD MANAGEMENT ASSOCIATION (LMA). [381100 -2011] a) Adopt Resolution No. 2011 -60 approving the Supplemental Memorandum of Understanding between the City of Newport Beach and the Newport Beach Lifeguard Management Association (LMA); b) adopt amended Resolution No. 2011 -61 to eliminate the paying and reporting of the Employer Paid Member Contribution (EPMC) for members of the Lifeguard Management Association. [Council Member Rosansky voted No on this item] City Manager Kiff announced that Resolution No. 2011 -61 should be amended to reflect the pay period of July 2, 2011, not July 1, 2011 DISPOSITION OF SURPLUS ASSE SS MENT DISTRICT FUND BALANCES. [100 -2011] a) Adopt Resolution Nos. 2011 -62\ and 2011 -63, which authorize the City to charge the Assessment Districts interest for funds advanced to it, declare the remaining improvement balance as siurplus\and/provide staff specific direction as to the distribution of- improvement fund balances.in Assessment Districts 68 (Newport Shores) and 69 (West Newport); b)radopt Resolution Nos. 2011- 64, 2011 -65, 2011 -66, 2011-67—and 2011 -68, which. declare the remaining ITCC fund balance surplus and authorize staf&,to disburse excess\ITCC funds to the current property owners of those -,parcels whose ITC \obliga %ion was paid in cash in Assessment Districts 70 (Bay Shores), 7'4<sland Avenue), 75 (Balboa Village Business), 82 (Goldenrod Avenue and 86 (Balboa Peninsula); and c) adopt Resolution Nos. 2011 -69, 2011 -70, 2011�71,\201'11-72, 2011-73 and 2011 -74, which declare the remaining redemption fund balances surplus and provide staff specific direction as to the disbursement of excess redemption funds to current property owners in Assessment Districts 58 (Cannery Village), 59 (McFadden Square), 63 (Newport Island)�6�(Ea\ Newport), 71 (Balboa Boulevard) and 72 (Balboa Coves). [Council Member Rosansky recused himself from voting on this item] WEST NEWPOMOIL FIELD REVIEW, EVALUATION, AND MODIFICATION PROGRAM - APPKOV- -ALOOF PROFESSIONAL SERVICES AGREEMENT WITI-I\NETHERLAND, SEWELL & ASSOCIATES, INC. [100 -2011] Continue this item to \the July 12, 2011 Council meeting to provide staff sufficient time to fin \ze tie Professional Services Agreement. 9. SEASHORE DRIVE AND PEARL AVENUE TIDE GATE REPLACEMENT - COM,PLETION AND ACCEPTANCE OF CONTRACT 4476. [381100 -2011] a) Accept the completed work and authorize the City Clerk to file a Notice of G j 'e "on b) authorize the City Clerk to release the Labor and Materials Bond 35 day /after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance bond one year after Council acceptance. 10. STREETLIGHT MAINTENANCE SERVICE AGREEMENT. [381100 -2011] Approve the contract between Fluoresco Lighting & Signs, Inc. of Pomona and the City of Newport Beach for streetlight maintenance services, and authorize the Mayor and City Clerk to execute the contract. 11. APPROVAL OF AGREEMENT FOR PARAMEDICIMEDICAL BILLING AND COLLECTION SERVICES. [381100 -2011] a) Approve the execution of an agreement directly with Wittman Enterprises for ambulance billing collection services Volume 60 - Page 180 City of Newport Beach City Council Minutes June 28, 2011 in the amount of up to $165,000 annually for a period of three years with the option to renew for two additional one year periods; and b) approve Budget Amendment No. IIBA -047 increasing revenue estimates in account 2340.5065 by $165,000 and increasing expenditure appropriations in 2340 -8706 (Ambulance Services) by $165,000. E. MISCELLANEOUS 12. PLANNING COMMISSION. AGENDA FOR written report. , 13. REAFFIRM COUNCIL INVESTMENT I Investment Policy (F -1). / S24. LABOR NEGOTIATOR RETENTION- APE SERVICES AGREEMENT WITH LIEBERT, SERVE AS LABOR NEGOTIATORS. lApprove t ad hoc committee designated to interview pot e\ tic the Mayor to execute a standard professional servi & Whitmore to serve as the Citys labor negoh\ negotiations. Consent Calendar, except for the items re Member Rosansky on Item 6, the recusal by Resolution No. 2011 -61 (Item 6), and the add The motion carried by Ayes: Council Membe Council Member XIII. ITEMS REMOVED I 4. ORDINANCI AND RESOL call 1. Receive and file Council iIDY &WHITMORE TO mmendation of the Council ,,negotiatorsJand authorize cement for Liebert, Cassidy the coming round of labor mcil Member Rosansky to approve the 14); and7noting the No vote by Council :r Rosansky on Item 7, the amendment to Amendment No. 11BA -047 to Item 11. Mayor Pro Tem Gardner, Mayor Henn, cil Member Daigle TO-THE BUILDING AND FIRE BOARD OF APPEALS; VG FORTH THE MEMBERSHIP, TERM, AND PURPOSE OF THE BUILDING AND FIRE BOARD OF APPEALS. Jim'Mosher thanked Community Development Director Brandt for all of her help regarding this item, butlexpiessed his concerns regarding the amendment to the procedures as defined .in the Municipal /Code, the adopted fee amount in the Master Fee Schedule for making an appeal to\the Bard, the appeal process, and the qualifications for individual Board members and building officials. City Manager Kiff stated that, due to the technicalities of the appeal process, the'Board is appropriately structured as is. Motion by Council Member Curry, seconded by Council Member Selich to a) introduce Ordinance No. 2011 -14 amending Section 14.30.030(D) of Chapter 14.30 and adding Chapter 15.80 to Title 15 of the Newport Beach Municipal Code, pertaining to the Building and Fire Board of Appeals, and pass to second reading on July 12, 2011; and b) adopt Resolution No. 2011 -58 setting forth the membership, term, and purpose and responsibilities of the Building and Fine Board of Appeals, and waiving Council Policy A -2 relative to the number of terms that members of the Building and Fire Board of Appeals can serve. The motion carried by the following roll call vote: Volume 60 - Page 181 City of Newport Beach City Council Minutes June 28, 2011 i iii M Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 14. REVIEW OF THE NEIGHBORHOOD REVITALIZATION COMMITTEE'S PRIORITY RECOMMENDATIONS FOR THE SIX NEIGHBORHOOD REVITALIZATION AREAS. [500 -2011) Bob Rush expressed his concern regarding the order of the Neil Committee's priority recommendations for the six areas and stated 1 Corridor is a higher priority than Balboa Boulevard in the West NeN Henn stated that it was concluded at the last Neighborhood/F meeting that the Neptune Avenue Corridor would be placed,on,a,list evaluated, and mentioned that there will be a process,by which new priority list. 7 l Council Member Rosansky stated that the Neptu encouraged the City and the Public Works Depa using the Beach Encroachment Fund to fund this Council Member Rosansky recused' himself, stating that he owns property within, 300 feet Neighborhood Revitalization Com revitalization areas: Priority 1 - 1 Village /City Hall site, 2) Balboa Vi Coast Highway, 4)- Corona del Mar Bristol Street; and Priority 2 NBegin The motion Ayes: roll Council Selich,( in )d Revitalization Neptune Avenue ach area. Mayor ition Committee oteritial projects to be iects a'•re added to the . is a deficient street and this issue,and suggested this item and\left the Council Chambers medians on Coast Highway. econded by Cbunoil- Member Curry to affirm the e;s priority recommendations for the following Wing in Fiscal Year 2011/12: 1) Via Lido Marina 3) West Newport Beach - Balboa Boulevard, West y at MacArthur Boulevard, 5) Santa Ana Heights - in Fiscal Year 2012/13: 1) Mariner's Mile. er Rosansky, Mayor Pro Tern Gardner, Mayor Member Curry, Council Member Daigle taking action against the Miramar rehabilitation home in his Council Member�Ro'sarisky invited the public to attend the first Redistricting Committee meeting which will\be held % n June 30 in the Council Chambers. Tentative maps will be presented and reported that the seven Council District lines will be redrawn to accommodate for the changes in the population, as reported by the 201.0 National Census. Council Member Daigle reported that the Citizens Aviation Committee will be posting frequently asked questions and responses on its website and mentioned complaints from Crystal Cove regarding planes. She noted that permission to turn planes early comes from Air Traffic Control not from the City or John Wayne Airport (JWA), mentioned that the City, airport staff, and residents from Crystal Cove will be meeting with the Federal Aviation Administration (FAA) at their regional office in Hawthorne and asked for the public's patience since the situation involves the Federal Government. Mayor Pro Tern Gardner reported that the Bicycle Safety Committee meeting date has been moved to July 11 since their normal meeting date falls on the 41h of July holiday; however, the meeting time Volume 60 - Page 182 City of Newport Beach City Council Minutes June 28, 2011 and location will remain the same. Mayor Henn reported attending the Neighborhood Revitalization Committee meeting on June 16 which resulted in a priority recommendation list for the six neighborhood revitalization areas and mentioned that the Committee's next step will be to name the Citizens Advisory Panel members. He also reported attending the Tidelands Management Committee meeting on June 15 where they discussed lower harbor dredging and issues associated with it. Z'\ XVI. PUBLIC HEARINGS City Manager Kiff stated that Public Hearing Items 15 -18 all involve (BIDS) which were all presented at the last City Council meeting; m whereby someone can protest the continuation or the assessment of available to make a report if so needed. Having already heard staff reports for the BID Renewals at objection, Council waived presentation of the staff reports for'I'ter 15. BALBOA VILLAGE BUSINESS CONDUCT PUBLIC HEARING A BUSINESS IMPROVEMENT DIS' Mayor Henn opened the public\ closed the public hearing. Motion by Mayor Pro Tem Gardne Resolution No. 2011 -75- confirming the the 2011 -12 fiscal year since the pr assessment a ount---- The motion carried by the lollowi Ayes: Council Member H,i 1, Council ment Districts is the hearing :d that staff is without CT (BID) RENEWAL: 'OR RENEWAL OF THE 011 -2012. [100 -2011) or protests, he :6nded by- Coifncil Member Rosansky to adopt of the'Balboa Village Business BID assessment for 5 represented less than 50 percent of the total er Rosansky, Mayor Pro Tem Gardner, Mayor Member Curry, Council Member Daigle 16./ MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CO DUCT PUBLIC\HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011 -2012. [100 -2011] \ r \ o lened the public hearing. Hearing no testimony or protests, he \V11,a sed public hearing. Motion liv Ma /r Pro Tem Gardner, seconded by Council Member Rosansky to adopt Resolution /Nod 2011 -76 confirming the levy of the Marina Avenue BID assessment for the 20N-12 fiscal year since the protests represented less than 50 percent of the total assessment The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 17. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011 -2012. [100 -2011] Volume 60 - Page 183 City of Newport Beach City Council Minutes June 28, 2011 Mayor Henn opened the public hearing. Hearing no testimony or protests, he closed the public hearing. Motion by Council Member Hill, seconded by 0 to adopt Resolution No. 2011 -77 confirming the levy of the Corona del Mar BID assessment for the 2011 -12 fiscal year since the protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Gouncjhmember Daigle 18. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT\ DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING/J�NDADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011 -2012. [100 -2011] Il \vim, Mayor Henn opened the public hearing. Hearing no testimony or protests, he closed the public hearing. l Motion by Mavor Pro Tern Gardner. seconded by Uouncil Member Rosansky to adopt Resolution No. 2011 -78 confurming'the levy of the Restaurant Association BID assessment for the 2011 -12 fiscal year since the protests represented less than 50 percent of the total assessment amount. \�� __7�� The motion carried by the following roll \call\vote: Ayes: Council MemberHrll Council Member�Rosansky, Mayor Pro Tent Gardner, Mayor Henn, Count ` Iem er Selich, Col until Member Curry, Council Member Daigle 19. VIA LIDO (AMENEME TS (PA2011-024))- 3363, 3377 VIA LIDO AND 3378 VIA OPORTO - AMENDMENTS TO THE dENERAL PLAN, COASTAL LAND USE PLAN, AND THE ZONING CODE TO CHANGE THE DESIGNATIONS OF SUBJECT PROPERTY FROM MULTIPLE -UNIT RESIDENTIAL (RM) TO MIXED -USE / VERTICAL \ -G). fco ti un ed-from the June 14, 2011 meeting] [100 -2011] Se' _6r Planner. Ung provided the staff report and utilized a PowerPoint presentation. hearing. Ryan Chase, representing the property owner, spoke briefly about the history of the property 'and its long -term existing commercial uses. He requested that its current zoning be changed to\the way /it previously was, noting that a zoning change to residential would make it problematic to redevelop the site due to its small size and unique shape. He mentioned possible and financial considerations that would be applicable. Hearing no further testimony, Mayor Henn closed the public hearing. Motion by Council Member Curry, seconded by Mayor Pro Tern Gardner to a) adopt Resolution No. 2011 -79 approving General Plan Amendment No. GP2011 -003 and Local Coastal Plan Amendment No. LC2011 -002; and b) introduce Ordinance No. 2011 -18 approving Code Amendment No. CA2011 -005, and pass to second reading on July 12, 2011. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Volume 60 - Page 184 City of Newport Beach City Council Minutes June 28, 2011 Henn, Council Member Selich, Council Member Curry, Council Member Daigle 20. 3- THIRTY -3 WATERFRONT RESTAURANT APPEAL (PA2011 -041) - 333 BAYSIDE DRIVE CONDITIONAL USE PERMIT NO. UP2011 -007 - AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN APPLICATION FOR A NEW CONDITIONAL USE PERMIT REQUESTING TO INCREASE THE HOURS OF OPERATION FOR AN EXISTING OUTDOOR DINING PATIOFROM 9:00 A.M. TO 9:30 P.M. DAILY TO 9:00 A.M. TO 1:00 A.M. DAILY. The staff report was presented by Associate Planner Brown, who utilized a PowerPoint presentation and gave a brief overview'of the project. � Mayor Pro Tern Gardner inquired as to how sound can be attenuated from an outdoor dining establishment without enclosing it completely. Associate Planner Brown stated that the new conditions include additional sound attenuations with the inient o£�providing different materials such as a retractable roof that can be closed' V \ Council Member Selich stated that he appealed this item because' he felt there was additional room for discussion and mentioned issues of- concern from'both the residents on Linda Isle and the owner /operator of the restaurant. He reported that there have been a series of meetings between the applicant and the homeowners where-they both agreed to some conditions, they desire to have the outdoor dining patio attenuated to thesamelevel of sound as the indoor portion of the restaurant after 7:00 p�m.,\stated that most outdoor dining patios in Newport Beach have become closed structures in�many�w s, stated that he felt a reasonable interpretation would be that after 7:00.m., it would be beneficial to attenuate the noise even if it meant closing the-windows and roof)to keep the noise inside the building, mentioned noise and disturban es4,rom the guest docks, and stated that he is in support of the agreement worked out between a pp alicant and i homeowners across the waterfront. He encouraged Council to move ahead with the item. Mayor Pro Tem Gardner stated that by )approving this and requiring the patio to be enclosed, a precedent would\be set\with regar %the amount of parking required for enclosed spaces as opposed to unenclose patios of restaurants. I \ " ser po se t\questions f\ m Council, Community Development Director Brandt clarified that the supplemental in contains a series of conditions that would replace the previous conditions that —were considered by the Planning Commission but not adopted because they�did not approve this application, there are distinct performance standards that are required for the attenuation of the outdoor patio as part of the Conditions of Approval, the plexiglass win o will be replaced with sound -rated windows which will be reviewed and tested byVan acoustical engineer with quarterly reports being made to the Community Development / irector•, a one -year report will be submitted to the Planning Commission for consideration, and stated that the goal of the proposed revised conditions is to ensure that the sound associated with the extended hours of operation are no different from the building if the patio were not in operation. Discussion ensued between Council and staff regarding the Balboa Marina temporary guest slip use program. Mayor Henn opened the public hearing. Dennis O'Neil, representing Jeff Ruder, the owner of 3- Thirty -3 Waterfront Restaurant, respectfully requested that Council adopt the resolution reversing the decision of the Planning Commission, thereby approving the extension of hours of operation for the outdoor dining Volume 60 - Page 185 City of Newport Beach City Council Minutes June 28, 2011 patio, thanked Council Member Selich for working with the applicant, and stated that the applicant agrees with the changes, findings and conditions associated with the resolution, including the substitution of the new Condition No. 4. Frank Battaile, representing residents opposed to this project at the Planning Commission level, thanked Council Member Selich for working out the current agreement and thanked Mayor Pro Tern Gardner for understanding the residents' issues and,c'oncerns, stated that his clients appreciate that the revised conditions require attenuationof the outside dining area to the same level of noise as the inside dining area, and requeste'd that materials be used that can abate the noise subject to the new Condition No. 4. Al DeGrove stated that he is mostly in agreement with wh at ha"s beer\ ne \fated, expressed his concerns regarding the extended hours of operation to 1:00 a.m., stated that there are no immediate consequences for violations to the Condition of Approval, and requested that repercussions be added to the revised conditions in the event that a sound engineer determines that the outdoor dining patio exceeds then i a levels. Community Development Director Brandt explained the process for addressing violations to the Condition of Approval. � \ \ In response to questions from Council, City_ Attor ey Hunt clarified that if the applicant violates the terms of the Conditional \UseCPe ` mit or gets - engaged in activities that trigger the operation under the Operator's License, the Chief of Police can identify it and cut back their actual operations. \v/ /�\ Bill HIein stated that approval of this project will seta precedent, expressed concerns regarding property values, the cost of enforcement and eventual legal actions, stated that this project has no(been approved by the Linda1lsle Community Association, mentioned noise disturbances and recommended that Council give this project greater consideration than what has been Liven by Planning staff.\ denied. of the Linda Isle Homeowners Association, stated that her main t if noise cannot be attenuated, then the application needs to be from the parking lot is still a problem and hoped that the heved that the restaurant is an attractive nuisance that attracts a loud aarterly monitoring of the restaurant is not sufficient, suggested monitoring a weekly basis and the need for additional parking. Dr.�David,,Benvenuti stated that the restaurant is a disservice to Newport Beach and if it cann" o 0benoise proofed, then it needs to be shut down. Max Liskin spoke regarding noise concerns, homeowners verses businesses, and how these types of businesses impact residents. In response to public hearing comments and concerns, Dennis O'Neil stated that the applicant proposes to ensure that sound associated with the extended hours of operation are no different from the building if the patio were not in operation, spoke regarding noise and noise attenuation, resident concerns, the Operator License, and requested that Council reverse the decision of the Planning Commission and adopt the resolution with all the new conditions and findings. Volume 60 - Page 186 City of Newport Beach City Council Minutes June 28, 2011 In response to cost - monitoring concerns from City Manager Kiff, Community Development Director Brandt recommended that the first sentence of Condition No. 4b be expanded to say that the applicant will be required to fund a quarterly monitoring test and report by an acoustical engineer, incorporate at a minimum one series of Thursday, Friday or Saturday within the quarter which gives the Community Development Director discretion to increase the number of monitoring tests performed within the quarter if need be; and clarified that the applicant will pay the total cost for the testing company which wilLbe hired by the City. Dennis O'Neil agreed to grant the Community Development�Di ect r dis\etion to increase the frequency of noise testing to a minimum of one per quarter. Hearing no further testimony, Mayor Henn cloe$ the public he \ing. \ Motion by Council Member Selich, seconded by Council Member Daigle to reverse the decision of the Planning Commission and adopt amended Resolution No/ 2011 -80 for Conditional Use Permit No. UP 2011 -007. � \ % \_J Discussion ensued between Council regarding sound attenuation, the necessity of extended hours of operation, compliance withA e Conditional Use Permit, and the Operator License. The motion carried by the following roll call vo te: Ayes: Council Member Hill, Council Member r I sansky, Mayor Henn, Council Member Selich, Council Member Daigle V Noes: Mayor Pro Tem Gardner, Council Member urry Mayor Henn noted t�m 22 (Special(Event Support Recommendations) need to be discussed prior toy discussing the budget (Item 21). Without objection, it was the consensus of Council to discuss Item222 b /efore Item 21. XVII. CURRENT BUSINESS 22. F.Y'12 SPECIAL EVENT SUPP ECOMMENDATIONS. [381100 -2011] 4ciblic Informadon\M\nage Finnigan gan presented the staff report and utilized a PowerPoint presentation to discuss FY%12 recommendations, the new review process, reduced rates, fee /� redhction examples, 201,1 applications, Special Events Advisory Committee (SEAL) review, the staff committee and recommendations, and next steps. Richard\Luehis,/President of the Newport Beach Chamber of Commerce, spoke regarding the Chambers Political Action Committee (PAC), the policy that separates money donated for PAC purposes from their general fund, membership investments to the Chamber, voluntary contributions to the PAC, and action by the Board of Trustees. He thanked Council, staff and SEAL -For all of their hard work and spoke regarding the core competencies of the Chamber of Commerce and the need for funding for the Christmas Boat Parade. Bob Rush stated that he has a problem with the City funding organizations that are associated with a PAC, spoke regarding fee waivers, auditing provisions, FPPC reports, mixing of funds between a political organization and a non -profit organization, submitted documents to Council, and suggested that the Chamber of Commerce create a system that will require them to file FPPC reports in the same manner as the Firefighter Association PAC. Gregg Shwenk, Executive Director of the Newport Beach Film Festival, thanked the City for their continued support and spoke regarding attendance records, films and partnerships, Film Volume 60 - Page 187 City of Newport Beach City Council Minutes June 28; 2011 Festival volunteers, and key markets. Todd Quaitararo, Newport Beach Film Festival, spoke regarding outreach for the Film Festival; regional, national and international advertising; and editorial support. Bernie Svalstad, Vice President of the Corona del Mar Chamber of Commerce, thanked Council and staff for their tremendous support, spoke regarding at o tier evaluation system, Christmas Walk fees, and their proposed recommended funding. Lisa Walter, Executive Director of the Orange County Susah G. Komen Foundation, spoke regarding the Race for the Cure event, criteria for the proposed recommended. funding, and support given back to the Newport Beach community. Cindy Brenneman, Director of Volunteer Services for the Orange County Susan G. Komen Foundation, spoke regarding the criteria for the proposed recommendedunding) Race for the Cure advertising, the vital services provided, and,requested tha {their funding be increased. Shari Ten Eyck, Board of Directors, Corona del Mar Cliamber of�Commerce, thanked the City for their continued support and spoke regarding the Christmas Walk. Jim Walker, Bungalow Restaurairt;, spoke regardin\ m \ortance of the Christmas Walk � and its proposed recommended % Peggy Fort, Chairperson, American Cancer Society Rely for Life, thanked the City for their continued support and spoke regarding �their request for_in'kind fee waivers. Gary Kutscher, Vicece Pnt/Race Director /for OC Marathon Foundation, thanked the SEAC Committee for-their hard work[ spoke regarding the history and the purpose of the OC Marathon 'a Newport Beach and state, d that they understanding the proposed funding recommendvo\ \, Llewport �/— f \1 U Justin�r, Fir; Capte /each Firefighters Association/California Firefighters ,Olympics, gave a brief o\- events that will occur during the 40th Annual California Firefighters Olympics hosted in Newport Beach, stated that they are asking for in -kind donations only�and mentioned groups that benefit from the Firefighters Olympics. Diane \uty, \New\ t :M)esa Spirit Run, thanked the City, SEAC and staff for their Milo spoke regarding the use of the word "Olympics" President of the Newport Beach Restaurant Association, spoke regarding Peggy Fort, representing the Restaurant Association Business Improvement District (BID), spoke regarding approximate annual revenue per establishment, Restaurant Association BID programming and marketing campaigns, like Restaurant Week, and requested that Council consider funding Restaurant Week at the level they had requested. Council Member Curry spoke regarding the importance of community programs and the infeasibility of entitlement to a lifetime annuity of a public subsidy at the same level it has always been. He proposed amendments to the SEAC recommendations including an audit by staff and the segregation of funds related to the Christmas Boat Parade and Taste of Newport, an additional $15,000 for the Newport Beach Film Festival, recommended that the Volume 60 - Page 188 City of Newport Beach City Council Minutes June 28, 2011 Corona del May Chamber of Commerce Christmas Walk be funded at the 60% level resulting in an increase of $6,000, and suggested waiving the fees for the Firefighters Olympics to use the City's recreation facilities. Council Member Rosansky stated that he supports the proposed $15,000 addition to the Newport Beach Film Festival, that the Corona del Mar Chamber of Commerce Christmas Walk be funded at the 60% level resulting in an increase of $6,000 and recommended an additional $10,000 for Restaurant Week. Mayor Pro Tem Gardner stated that she supports the additional $10000 for Restaurant Week, the Corona del Mar Chamber of Commerce Christmas Walk.lie funded at the 60% level resulting in an increase of $6,000, stated that she does.not`supportadditional funds for the Newport Beach Film Festival, and suggested that an additional $5,000 be allocated for the Race for the Cure event. X Council Member Daigle stated that she support Cure event and that Corona del Mar Chamber of 60% level resulting in an increase of $6,000. the/Race for the •be /funded at the Council Member Hill stated that he supports the proposed $15,000 addition to the Newport Beach Film Festival, the additio4l`$10,000 iorRe taurant Week, that the Corona del Mar Chamber of Commerce Christmas Walk be funded at the 6046 level resulting in an increase of $6,000, taking the Firefighters Association off the books and allow the event, and suggested that an additional $6,000 be allocated�for the ace for �the Cure event. Mayor Henn stated that_h is in favor\f the process that has been set up and suggested that Council increase the amountNof total fundinVby $50,000 and spread it across the board in accordance with /he -SEAC recommendations. \ City Manager riff clarified that the changes totaled approximately $31,000 with an incremental increase of $15,000 -£or the Newport Beach Film Festival; $6,000 for Corona del Mar Chamber of Commerce; $10,000 foil Restaurant Week; $6,000 for Race for the Cure; and a fee waive for the Firefighters-Olympics resulting in a deduction of $6,400. by llouncil ,Member Uurry, seconded by Uouncil Member Rosanskv to he Special E` ent Support funding levels for FY 12 and authorize staff to execute is with, each�event organizer, including the following incremental increase n�of $15,000 for the Newport Beach Film Festival; $6,000 for Corona del Mar of Commerce; $10,000 for Restaurant Week; $6,000 for Race for the Cure; and a fee the)Firefighters Olympics resulting in a deduction of $6,400. City Manager' I{iff also requested that Council add to the motion and give him the authorization to waive the following one -time special event permits for small entities that do not involve any impacts to the City: Western Roundup by Newport Harbor Elks Club; House of Design by Philharmonic Society of Orange County; Bay -to -Bay Bike Tour by Orange County's National Multiple Sclerosis Society; Lido Isle Garage Sale; Old Glory 4th of July Boat Parade by American Legion Post 291; Flag Day by Newport Harbor Elks Club; the Field of Honor Flag Event by the Exchange Club of Newport Harbor; Earth Day in Orange County; and the Art in the Park Festival. Council Member Curry agreed to amend his motion to include the authorization for the City Manager to waive the one -time special event permits for the aforementioned one -day events. Council Member Rosansky agreed to the add -ons. Mayor Henn requested to include the 1/1 Marine Beach Challenge one -day event to the list of Volume 60 - Page 189 City of Newport Beach City Council Minutes June 28, 2011 fee waivers. Council Member Curry also agreed with this addition. Amended motion by Council Member Curry, seconded by Council Member Rosansky to a) approve the Special Event Support funding levels for FY 12 and authorize staff to execute agreements with each event organizer with the following amendments: incremental increase amendments of $15,000 for the Newport Beach Film Festival, $6,000 for Corona del Mar Chamber of Commerce, $10,000 for Restaurant Weekr$6,000 for Race for the Cure; b) authorize a fee waiver for the Firefighters Olympics resulting in a deduction of $6,400; and c) authorize the City Manager to waive the one -time special event permits for Western Roundup by Newport Harbor Elks Club, House of Design by Philharmonic Society of Orange County, Bay -to -Bay Bike Tour by Orange County's National Multiple Sclerosis Society, Lido Isle Garage Sale, Old Glory 4th of July Boat Parade bye American Legion Post 291, Flag Day by Newport Harbor Elks Club, the Field of Honor Flag Event by the Exchange Club of Newport Harbor, Earth Day in Orange Cou/rrty, t Art in Pak Festival, and the 1/1 Marine Beach Challenge. The amended motion carried by the following roll call vote: " / �J Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Council Member Selich, Council Me ber Curry.\ cil Me \ er D igle Noes: Mayor Henn XVI. PUBLIC HEARINGS - Continued 21. RESOLUTION NO. 2011 -54: FISCAL�vYEAR 2011 -12/ BUDGET ADOPTION. [100- 20111 t 7 City Manager Kiff stated that\the following there changes to the budget checklist since it was last presented 1.) Administrative Services — change one Budget Analyst to one Budget Fellow (shared with /City Attorney and Recreation); 2) Fire Department - change Budget Analyst to Administraiive\Analyst (lower level); 3) Police Department — credit 60% of Lifeguard Officer budget for funding of�drug abuse prevention program; and 4) Public Works Department — agreement with City of Mission Viejo related to Southern California Edison Rule NA Credits. -'Mayor Pro Tem Gardner made a -motion, rtr on, seconded by Council Member Curry to approve the budget checklist, as\amen4d. In response to questions from Council, City Manager Kill clarified that the added Assistant Fue Chief position wil'l�pa' the full 9% EPMC under the Lifeguard Management Association (LMA) agreement) but noted that the Assistant Police Chief position has not been negotiated yet. I. recommerided that the Assistant Police Chief Position be subject to whatever changes are pplica le to any member of the management team when those changes are negotiated in her Selich asked whether approval of this item includes the expanded Capital Improvements Program (CIP) Project 9 - Balboa Island. Mayor Henn opened the public hearing. Jim Mosher expressed his concerns regarding Council compensation in reference to the proposed budget and City Charter, Josh Yocum, representing the Association of Newport Beach Ocean Lifeguards (ANBOL), spoke regarding the restructure of the Lifeguard Division within the budget, thanked Council and City Management for their persistence and creativity, and thanked the part -time lifeguards for their humility and perseverance in staying true to their jobs during these trying times. Volume 60 - Page 190 City of Newport Beach City Council Minutes June 28, 2011 XVII. Hearing no further testimony, Mayor Henn closed the public hearing. In response to a public comment regarding Council compensation, Budget Manager Giangrande stated that City Attorney Hunt's recommendations for Council compensation have been incorporated into the budget. She also clarified that the City made cuts, but that due to an increase in PERS costs, the net effect of the cuts was a.reduction of the amount of increase which would have otherwise been suffered. I to approve the Budget Checklist, as amended. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Ro'sansky,Wayor„Pro Tem Gaxidner; Mayor Henn, Council Member Selich, Council Member Curry \Council Member Daigle Mayor Henn encouraged the City Manager and staff to \engage in amore sopliisticated level of budget analysis across the board to prepare for next year's budget, including consideration of outsourcing alternatives for all departments. he then suggested a number of specific areas that might be considered. Council Member Daigle and Council Member Curry generally supported the Mayor's commen�ng and made comments regarding exploring the costs associated with lay -offs, cost -& coor dination with�Costa Mesa, adding to the reserves, City leadership, and maintaining a fiscally -sound City. Motion by Mayor Pro Tem Gard \ r.\4�nded bv- Council Member Curry to adopt Resolution No. 2011 -54- adopting the City Manager's Proposed Fiscal Year 2011 -12 Budget as amended by the Budget get Checklist. The motion Ayes: Council Meinbier Rosansky, Mayor Pro Tem Gardner, Mayor Selich, Council Member Curry, Council Member Daigle AND COMMISSIONS. [100 -20111 inced that, pursuant to Council Policy A -2, the ad hoc appointments vo people to the Harbor Commission; however, following nominations, his application from consideration. She also noted that three EQAC rsidered for appointment and that Council would need to vote on d to serve on more than one Board, Commission, or Committee. he ballot votes for the Board of Library Trustees as follows: Gloria Alkire (Daigle, Gardner) Jill Johnson- Tucker (Hill, Rosansky, Selich, Curry, Daigle, Gardner, Mayor Henn) Eleanor Palk (Hill, Rosansky, Selich, Curry, Mayor Henn) City Clerk Brown announced that Jill Johnson - Tucker and Eleanor Palk are appointed to the Board of Library Trustees for a four -year term. City Clerk Brown read the ballot votes for the Building and Fire Board of Appeals as follows: Volume 60 - Page 191 City of Newport Beach City Council Minutes June 28, 2011 James Anderson (Hill, Gardner, Selich, Curry, Daigle) William (Bill) Dildine (Rosansky, Mayor Henn) City Clerk Brown announced that James Anderson is appointed to the Building and Fire Board of Appeals for a four -year term. City Clerk Brown read the ballot votes for the City Arts Commission as follows: Arlene Greer (Hill, Rosansky, Gardner, Selich, Curry, Daigle) / Michaell Magrutsche (Henn) I Z� City Clerk Brown announced that Arlene Greer is appointed to the Cit\ ts�Commission for a four -year term. City Clerk Brown read the ballot votes for the Civ' �Iservice,Boar­d,as follows:: Hugh Logan (Hill, Rosansky, Gardner, Selich Curry, City Clerk Brown announced that Hugh I:ogan is reappointed to the Civil Service Board for a four -year term. C \ \ City Clerk Brown read the ballot votes for ^the Harbor Comrmssion as follows: William Avery (hill, Rosansky, Gardner, Seich Cuu•y, Daigle, Mayor Henn) i City Clerk Brown announced that; will\ m Avery is appointed to the Harbor Commission for a four -year te/ \ \ \ ( City Clerk Brown read the ballot votes for the Parks, Beaches & Recreation Commission as follows: ( n ) / ---\ Curry, Daigle, Mayor Henn) Fred Stefany (Gardner, Mayor Henn) Jack Tingley (Hill, Rosansky„ Gardner, Curry, Daigle) Clerk Brownlannodne6d that Roy Englebrecht and Jack Tingley are appointed to the s, Beaches and Recreation Commission for a four -year term. Clerk Br Iwn/read the ballot votes for the Planning Commission as follows: St \ en Coyn�(Selich, Daigle, Mayor Henn) Koiy� Kramer (Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn) Jay Myers (Hill, Rosansky, Curry) Charles Rotkin (Gardner) City Clerk Brown announced that Kory Kramer is appointed to the Planning Commission for a four -year term, but noted that a second vote would be needed between Steven Coyne and Jay Myers to determine the second appointment. Steven Coyne (Selich, Mayor Henn) Jay Myers (Hill, Rosansky, Gardner, Curry, Daigle) Volume 60 - Page 192 City of Newport Beach City Council Minutes June 28, 2011 City Clerk Brown announced that Jay Myers is appointed to the Planning Commission for a four -year term. Jim Mosher expressed concern about waiving Council Policy A -2. Motion by Council Member Rosansky, seconded by Council Member Curry to waive Council Policy A -Ts limitation on persons serving on more than e_ t nding City Board, Commission or Committee. The motion failed by the following roll call vote: Ayes: Mayor Henn, Council Member Curry Noes: Council Member Hill, Council Member Member Selich, Council Member Daigle XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT -Adjourned at 11:10 p.m. in The agenda and supplemental agenda for—the Regular 2011, at 8:10 a.rrL on the City Hall Bulletin Board locat Beach Administration Building. YIayor Volume 60 - Page 193 Secretary Council was posted on June 24, s of the City of Newport