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HomeMy WebLinkAbout12/12/1994 - Regular MeetingCITY OF NEWPORT BEACH Ikvj 120ay� ROLL CALL N Cl- Q �~ 3 > 0.¢l A= W H q X v W O 0 z o REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: - 2:00 P.M. DATE: December 12,1994 INDEX Present x x x x x x x ROLL CALL on x Reading of Minutes of Adjourned Meeting of November 21, Ayes and Regular Meeting of November 28, 1994 was waived, approved as written, and ordered filed- Motion x Reading in full of all ordinances and resolutions under All Ayes consideration was waived, and City Clerk was directed to read by titles only. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: None MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: Mayor Hedges advised that there will be a report coating to the City Council at the January 9, 1995 meeting regarding proposed changes to the City's Investment Policy. MATTERS WHICH A COUNCIL MEMBER HAS ASKED TO BE PLACED ON THE AGENDA FOR • DISCUSSIONIACTION: 1. Request of The Irvine Company for the City to (6 2 ) reconsider the location of the ACTIVE PARK ON THE CASTAWAYS SITE. [Request of Mayor Hedges -Report from Community Services Director] Following summary of the staff report by the City Manager and discussion by the City Council, the following people addressed the Council regarding their concerns: Phil Glasgow, Chairman of the Parks, Beaches & Recreation Commission spoke to the issue of not enough open space in the City for parks, the "downsizing" from 4.8 to 3.5 acres, and the feasibility of the proposed location; Pete Compton, Member of the Parks, Beaches & Recreation Commission, and Chairman of the Park and Open Space subcommittee, distributed a conceptual illustration of what an active park would look like at the top with the full 4.8 acres, and spoke to the issues of safety, parking and how much usable space • would there really be to set the facilities on if the park is moved to the Lower Castaways site; David Hughes, 427 Westminster Avenue, spoke to the issue of traffic noise in the proposed area, and feels the property is . useless; Volume 48 - Page 469 CITY OF NEWPORT BEACH MINUTES ROLL CALL Cr w 3 w M=° W in xwz 0 o December12,1994 INDEX Bill Hossfeld, 2604 Basswood, Regional Director (Region 57 covering the eastern part • of Newport Beach) of the American Youth Soccer Organization, stated that they endorse the Lower Castaways development and whatever other areas that can be used for active parks by the children of the City; that the total cost for the park should be borne by The Irvine Company with no cost to the City, and that they use whatever mitigation necessary for the active park. Novelle Hendrickson, 1991 Port Claridge Pl ace, stated that considering the latest events regarding money, this would be the proper time to reconsider any growth aspects in the City, but she feels that waiting for results from the study would give time to evaluate the proposal. o t i o n x Following further discussion by the Council, motion .11 Ayes was made to accept the offer of The Irvine Company to fund the study of an alternative concept plan moving the active park site from the Upper to Lower Castaways. • STAFF REPORTS - For discussion/action: 2. Code Enforcement Officer and Report of (6 8 ) Residential Building Records Program. [Report from Planning Department] o t i o n x Following summary of the staff report by the City 11 Ayes Manager and Council discussion, motion was made to direct staff to proceed with review of Chapter 20.03, Report of Residential Building Records and the memorandum from the Newport/Mesa Association of Realtors and Prudential California Realty, and report their findings and recommendations to the Council Budget Committee or its successor Committee. 3. Verbal report and agenda regarding Planning (6 8 ) Commission actions on December 8, 1994. .o t i o n x Following verbal report by the Planning Director, he 11 Ayes advised that Commissioner Anne Gifford was elected Chairman, Commissioner Tod Ridgeway was elected Vice Chairman, and Commissioner Garold Adams was elected Secretary, wherein motion was made by Council Member Watt to schedule public hearing for January 9, 1995 for Council review of Tentative Map • of Tract No. 15011 (Newporter North Planned Community); and receive and file remaining items. 4. Amendments to Council Policy A-6, OPEN (6 9 ) MEETING POLICIES pertaining to Council Meeting Times. [Report from City Manager] Volume 48 - Page 470 ROLL CALL Motion Ayes Motion 911 Ayes Kotion 9yes toes • CITY OF NEWPORT BEACH W 3 r g W X U W O 0 H Z o December 12, 1994 X Following discussion by Council and input from the City Attorney, motion was made to modify City Council Policy A-6 (closed session to begin at 5 p.m., regular meeting to begin at 7 p.m). 5. City Council Committees. [Report from City Manager] The City Manager summarized the proposed consolidation/sunsetting of various committees listed in the staff report. X Discussion ensued, wherein motion was made to approve recommended action in the staff report with regard to the creation of the six standing committees, and approve the resolution authorizing the proposed modifications to the various Citizens Committees during tonight's meeting. Council Member Cox was excused, and left the meeting. X Straw vote was taken on motion to retain the Bicycle x x Trails Citizens Advisory Committee, which motion x x x FAILED. ADJOURNED TO CLOSED SESSION AT 3:40 P.M. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED None. RECESSED AT 5:45 P.NL RECONVENED AT 7:00 P.M Terry Phillips of the Environmental Quality Citizens Advisory Committee, addressed the Council and distributed. copies of the recently published Earthday Poster Award Calendar for 1995 which depicts the winning posters for the 14th Annual Contest. He stated additional copies of the Calendar are available in City Hall and at the new Central Library. There being no objections, Mayor Hedges requested Supplemental Agenda Item 30 regarding VERBAL UPDATE ON ORANGE COUNTY BANKRUPTCY be taken up at this time 30. The City Manager reviewed the City's current investment portfolio (surplus funds) noting that at the end of last week, the City had $54.2 million invested; however, $ 545,000 of that amount is in cash in the City's checking account, the investments are broken down into three asset management accounts. i.e., 1) Chandler Liquid Asset Management (B of A), 2) PFM (Bank of California), and 3) Wells Fargo, which totals approximately $30 million and is totally separate from the Orange County Pool The City also participates in State and County Investment Pools, i.e., 1) Local Agency Investment Fund ($4.3 million), 2) Los Angeles County Pool ($2.8 million), 3) Orange County (General City Funds $Ll million), 4) Orange County (Water Bonds $10.8 million), and 5) Volume 48 -Page 471 MINUTES INDEX (24) CITY OF NEWPORT BEACH T • n A Ayes • December 12,1994 Orange County (IRAN $4.3 million). He stated that staff is keeping abreast on the status of the Orange County Investment Pool and are meeting with representatives from the other affected cities in an attempt to work together on this issue. In terms of the City s cash flow basis, he stated the City will be able to make all its current obligations such as payroll, vendor payments, outstanding debt services etc. and should be We to proceed with some Capital Projects. Also, on December 23, the City should receive its first installment from the County for property taxes which is estimated at $6 to 7 million. Sid Soffer, 900 Arbor Strect, Costa Mesa, addressed the Council and asked questions regarding the Omnge County Investment Pool to which the Mayor indicated the City was not in a position to respond at this time due to possible legal ramifications. Dolores Otting, 17 Hillsborough Drive, addressed the Council and suggested the City be put on the mailing list to receive copies of the County Board of Supervisors Agenda to keep better informed, she also discussed various funds in the County Pool. CONSENT CALENDAR The following items were approved, except those items removed from the Consent Calendar: ORDINANCES FOR INTRODUCTION - Pass to second reading on January 9, 1995: 6. Proposed ORDINANCE NO. 94-56, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10.58 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO POLICE SERVICES AT LARGE PARTIES, GATHERINGS OR EVENTS ON PRIVATE PROPERTY. [Report from Chief of Police] Note: Previously distributed to City Council 7. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 8. Resolution No. 94 -106 ordering the summary vacation and abandonment of an unused portion of a water line easement for sewer purposes recorded on July 12, 1973 in Book 10825, Page 309 of Official Records located in parcel 1 of parcel map no. 83 -715 [City Clerk to send for recordation]. [Memorandum from Public Works Department] CONTRACTS AND AGREEMENTS 9. Removed from the Consent Calendar. Volume 48 - Page 472 MINUTES INDEX Ord 94 -56 (70) Vac /Abandm Res 94 -106 (90) A N tY J ROLL XF-MP 0z CALL G1 a: W W O J Z W3 MT000 • n A Ayes • December 12,1994 Orange County (IRAN $4.3 million). He stated that staff is keeping abreast on the status of the Orange County Investment Pool and are meeting with representatives from the other affected cities in an attempt to work together on this issue. In terms of the City s cash flow basis, he stated the City will be able to make all its current obligations such as payroll, vendor payments, outstanding debt services etc. and should be We to proceed with some Capital Projects. Also, on December 23, the City should receive its first installment from the County for property taxes which is estimated at $6 to 7 million. Sid Soffer, 900 Arbor Strect, Costa Mesa, addressed the Council and asked questions regarding the Omnge County Investment Pool to which the Mayor indicated the City was not in a position to respond at this time due to possible legal ramifications. Dolores Otting, 17 Hillsborough Drive, addressed the Council and suggested the City be put on the mailing list to receive copies of the County Board of Supervisors Agenda to keep better informed, she also discussed various funds in the County Pool. CONSENT CALENDAR The following items were approved, except those items removed from the Consent Calendar: ORDINANCES FOR INTRODUCTION - Pass to second reading on January 9, 1995: 6. Proposed ORDINANCE NO. 94-56, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10.58 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO POLICE SERVICES AT LARGE PARTIES, GATHERINGS OR EVENTS ON PRIVATE PROPERTY. [Report from Chief of Police] Note: Previously distributed to City Council 7. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 8. Resolution No. 94 -106 ordering the summary vacation and abandonment of an unused portion of a water line easement for sewer purposes recorded on July 12, 1973 in Book 10825, Page 309 of Official Records located in parcel 1 of parcel map no. 83 -715 [City Clerk to send for recordation]. [Memorandum from Public Works Department] CONTRACTS AND AGREEMENTS 9. Removed from the Consent Calendar. Volume 48 - Page 472 MINUTES INDEX Ord 94 -56 (70) Vac /Abandm Res 94 -106 (90) CITY OF NEWPORT BEACH AdTI TT TT IM ROLL CALL 3- A 3 Q Qx0Z = ° ; O 1x11lvv 1 "U December 12, 1994 INDEX 10. Removed from the Consent Calendar: • 11. Removed from the Consent Calendar. 12. Removed from the Consent Calendar. 13. PERSONNEL VACANCIES - Report from (6 6 ) Personnel Director. 14. CLAIMS - For Denial by the City Manager. (3 6 ) Larry J. Cannedy alleging personal injuries on August 8, 1994 as a result of bumps and cracks on roadway due to tree roots in vicinity of Fullerton Avenue and Clay Street. Chris V. Faubert alleging water main broke on November 20, 1994 causing damage to parked vehicle on 41" Street near Park Lane. Michael L, Haughey alleging City water pipe broke next door at 4106 River Avenue on November 20, 1994 causing flooding and property damage. Mark Kelly alleging personal injuries on November 10, 1994 and damage to vehicle as a result of accident • on Newport Coast Drive due to condition of roadway and poor drainage. Nelson North American alleging vehicle damage as a result of tree overhanging into street on Polaris Avenue near Westwind and Santiago on October 10, 1994. 15. MEASURE M STREET REHABILITATION Measure M St CONTRACT NO. 2928 -Accept the work and R e h a b i l i t a t i c authorize the City Clerk to file a Notice of Completion C-2928 (3 8 ) and release the bonds 35 days after recordation pursuant to applicable portions of the Civil Code; and assess liquidated damages in the amount of $2,000. [Report from Public Works Department] 16. APPLICATION OF GEORGE LEEPER/419 30TH Permit/419 STREET /CANNERY VILLAGE - Approve 30th St (6 5 ) application of George Leeper to construct a full width curb cut at 419 30th Street, Cannery Village. [Report from Public Works Department] 17. DONATION OF SURPLUS PROPERTY - Approve Fire (41) donation of eight aluminum extension ladders which are no longer used by the Fire Department to Rancho • Santiago College Fire Academy. [Report from Fire Chief] 18. Removed from the Consent Calendar. Volume 49 - Page 473 ROLL CALL • • • CITY OF NEWPORT BEACH MINUTES st-w Q W t— tt 3 cc W Q UU9 nx0Z W 2 O 0 w -J 0 W 0 December 12, 1994 I 19. 457(1) DEFERRED COMPENSATION D e f e r r e PROGRAM - Agreement with General Services GS Dire Director permitting participation in 457(F) Deferred C-3028 Compensation Program. [Report from City Manager] 20. SB 1082 UNIFIED PROGRAM AGENCY Fire ( 4 STATUS - Letter of intent to apply for SB 1082 Unified Program Agency Status. [Report from Fire Chief] SPECIAL EVENTS APPLICATIONS - Approve the Special following applications, subject to conditions in the staff report (2 7 ) from the Recreation Superintendent, Community Services Department: 21. Application No. 94- 266/Kathleen Kinane for the A p l 94- 1995 Spirit Run Committee Harbor View, Anderson and Lincoln Elementary Schools , Sunday, February 26, 1995 from 6 :00 -11:00 am., utilizing the Fashion Island course. 22. Application No. 94- 364/Newport Dunes Resort to A p 1 94- hold the 3nd Annual New Year's Eve Fireworks Display on Friday, December 31, 1994 from 8:00 - 8:15 p.m., at the Newport Dunes. 23. RESUB 988 - Approve the improvement plans and R e s u b 9 specifications and accept the public improvements constructed in conjunction with Resubdivision No. 988; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 9422325) in the amount of $6,500 guaranteeing completion of the public improvements required with the approval of Resubdivision No. 988; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 9422324) in the amount of $30,000 guaranteeing responsibility for 50% of the design and construction costs for a traffic signal at the project driveway and West Coast Highway across from the Balboa Bay Club entrance required with the approval of Resubdivision No. 988; authorize the City Clerk to release the Labor and Material Bond (Bond No. 9422325) in the amount of $6,500 in six months provided no claims have been filed for the public improvement construction; and authorize the City Clerk to release the Labor and Material Bond (Bond No. 9422324) in the amount of $30,000 in six months provided no claims have been filed for the traffic signal construction. [Report from Public Works Department] 24. Removed from the Consent Calendar. Volume 49 - Page 474 NDEX d Comp ctor (38) 1) Event: 266 364 ROLL CALL • Motion Ali Ayes • • CITY OF NEWPORT BEACH MINUTES CE X A F- December 3 Cr M q= U n X 0 LY O 0 J Z 0 12,1994 I N L ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 7. Report (with agenda item 4) from City Manager Ord 94 -57 concerning proposed ORDINANCE NO. 94 -57, (33) being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DELETING SECTION 2.04.020 OF CHAPTER 2.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO CITY COUNCIL MEETING TIME. The City Attomey distributed Copies of the revised Ordinance noting that Section 2.04.020 relating to City Council meeting times is being deleted in accordance with Council's action taken at their aRemoon meeting. x Motion was made by Council Member Cox to introduce Ordinance No 94-57 and pass to second reading on January 9,1995. 9. Report from Utilities Department recommending Utilities/ execution of Professional Services Agreement on Groundwate behalf of the City with ASL Consulting Engineers (for Dev Pr j a fee not to exceed $87,900) to prepare detailed Plans C-3004(G) and Specifications for construction of REACH NO. 3: (38 ) 36 -INCH WATER TRANSMISSION PIPELINE AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT - CONTRACT NO. C- 3004(G); and 10. Report from Utilities Department recommending Utilities/ execution of a Professional Services Agreement on Groundwate behalf of the City with Daniel Boyle Engineering, Inc., Pr j 16th S to provide construction management services (for a Reservoir fee not to exceed $253,090) related to the 16'$ C- 2961(C) STREET RESERVOIR AND PUMP STATION (38) GROUNDWATER DEVELOPMENT PROJECT - CONTRACT NO. C- 2961(C); and adopt the findings regarding environmental effects and approve the Negative Declaration for the Drinking Water Disinfection Facilities related to the Reservoir and Pump Station Project In response to question raised by Mayor Pro Tern Debay regarding payment to Boyle Engineering not to exceed $ 253, 090, the City Manager stated that while the cash flow analysis as a result of the Orange County Pool does not indicate there would be a concern about moving forward with this project, he would recommend that the fiscal issues relating to Agenda Items 9 and 10 be dcf=W to January 9, 1995, but that the City take action on the Negative Declaration for the 16th Street Reservoir and Pump Station. Volume 48 - Page 475 ,EX r r Dev t ROLL CALL Motion Ayes Motion Ayes n A yes CITY OF NEWPORT BEACH MINUTES L0 3 Q �~- 3 M Q g 2 X 0 O -1 Z , December 12,19% I NI; x Motion was made by Mayor Pro Tent Debay to defer action on the approval of the Professional Services Agreement with Boyle Ending to Jamrary 9 ,1995. Jeff Staneart, Utilities Director, referenced a Supplemental Report regarding comments received concerning the Negative Declaration for the Drinking Water Disinfection Facility from the City of Costa Mesa, County of Orange, Southern California Association of Governments, Newport Mesa Unified School District, and State Department of Fish and Game. He summarized the respective comments as enumerated in the individual letters, and in conclusion, recommended the Council receive and file the comment letters and approve the Negative Declaration for the pump station and treatment facility. In view of the foregoing, Mayor Pro Tem Debay amended her foregoing motion to include adoption of the findings regarding the environmental effects, and approval of the Negative Declaration for the Drinking Water Disinfection Facilities related to the Reservoir and Pump Station Project x Motion was also made by Mayor Pro Tem Debay to defer action on the Professional Services Agreement with ASL Consulting Engineers for Reach No. 3 to January 9,1995. 11. Report from Public Works Department recommending P CH N p t acceptance of the PACIFIC COAST I n t r c h n i HIGHWAY/NEWPORT BOULEVARD C -2886 1 INTERCHANGE IMPROVEMENT PROJECT and preliminary landscape plans; and execution of an engineering agreement with IWA Engineers for the preparation of the Project Study Report. In response to question raised by Mayor Pro Tem Debay, the City Manager advised that there is a variety of funding involved with this project, as well as a concern of the property owner who will be directly impacted, and therdore, he would recommend this item be deferred to January 9,1995. Owen Mmney, 447 Newport Boulevard, member of the Newport Boulevard Property Owners Committee as well as a member of the Old Newport Boulevard Specific Area Plan Committee, addressed the Council and also recommended this issue be deferred to January 9, 1995, inasmuch as both Committees have not had an opliofimity to fully study the project x In view of the foregoing, motion was made by Mayor Pro Tem Debay to delay action on this item to January 9,1995. 12. Report from Public Works Department ree mmending Ford / L o i approval of an amendment to the PROFESSIONAL C-2981 SERVICES AGREEMENT CONTRACT NO. 2981 for preparation of an Environmental Impact Report for . the Ford/Loral Development Volume 49 - Page 476 lEX B 38) al 38) ROLL CALL • Motion All Ayes is Motion All Ayes CITY OF NEWPORT BEACH MINUTES cl: 3 W F~ X Q= Q X U LY O 0 J Z O December 12,1994 I NE In response to question raised by Council Member Edwards, the City Manager reported that this is an item that the applicants will be paying for, and there will be no cost to the City. x In view of the foregoing, motion was made by Council Member Edwards to approve the recommender( action. 18. Report from General Services Director GS (4 4 ) recommending staff be directed to prepare and transmit a letter of Intent to purchase a 1995 Saulsbury Fire Pumper on July 1, 1995, from Saulsbury FIGHTING APPARATUS at a cost of $311,396. Council Member Glover stated that masnui h as the City is unsure of its finances at this time due to the (range County Bankruptcy issue, she would recommend action on this item be deferred. In response to the above, the City Manager pointed out that this is a request to approve a Letter of Intent to purchase a second fire pumper. The City is presently purchasing a Saulsbury Fire Pumper this fiscal year, but has been offered a special reduced purchase price if it were to purchase two pumpers. Under the plan, one pumper would be purchased in fiscal year 9495 at a cost of $311,396 (excluding finance costs) and delivered in July 1995. A second unit would be reserved for purchase by a letter of intent for delivery in fiscal year 1995 -96 at the same cost as the one currently budgeted for in 1994 -95. The Saulsbury offer expires December 15, 1994. If the second pumper is not ordered by December 15, 1994, the price of the first unit mcreases to $321,775 and the price for the second unit for fiscal year 1995 -96 would increase to $337,864 (an increase of 5 %). The savings for purchasing two units at the same time equals $36,847. The City Manager further noted that if the second engine is approved, the City only pays ono-fifth of the cost after it is delivered inasmuch as it is financed over a five -year period; also, once it is ordered, a could take many months before delivery is made; and in addition, the new engine will be replacing equipment that is over 20 years old Dolores Caring, 17 Hillsborough, addressed the Council and indicated fltat because of what the City could lase in the (range County Investment Pool, she did not fuel it was the appropriate time to purchase another fire enginne. She also noted that the Council just recently approved the purchase of a fleet of Police vehicles. She stated she felt the City needs to be more fiscally conservative, particularly in view of the recent County banlnuptcy issue. x Motion was made to defer action on this item to the 1995- 96 Budget Volume 48 - Page 477 EX ROLL CALL • Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH 3 W F 3 W M C] 2 X 0 W O 0 H Z 0 December 12, 1994 24. BUDGET AMENDMENTS BA -018, $100,000 - Provide for the improvement o1 the Palm Street Parking Lot, formerly Wells Fargo Bank property on Balboa; Off Street Parking Reserves Fund. [Report from Traffic Affairs Committee] The City Clerk advised that after the agenda was printed a letter was received from Douglas Boyd of the Balboa Peninsula Point Association, in support of the recommended action. In response to question raised by Council Member Edwards, the City Manager stated that the City purchased the subject property with the intent of demolishing the existing building and preparing landscaping and 1arkmE plans for the lot It is anticipated the City will receive approximately $68,000 annually in parking revenue from this lot Dana Pettit, 1741 Plaza del Sur, representing the Balboa Merchants Owners Association, addressed the Council and stated that they have been working on this project for over one and one -half years; the landscaped parking lot will be the enhance to Balboa and will serve many of the residents shopping in their area. x Motion was made by Council Member Edwards tc approve BA -018 as recommended. BA -019 , $24,880 - Provide for funding of Proposal "A" operations whereby residential cleanups would be promoted as "Spring Cleaning" during an eight -week period from mid -March to mid -May; General Funds. [Report from General Services Director] x The City Manager recommended this item be deferred indefinitely, and there being no objections, motion was made by Council Member Edwards to defer action on BA• 019. PUBLIC EMARINGS 25. Mayor Hedges opened the public hearing regarding CITIZEN PARTICIPATION PLAN AND RECEIPT OF PUBLIC COMMENT ON THE DEVELOPMENT OF THE CONSOLIDATED PLAN DOCUMENT FOR FISCAL YEARS 1995- 2000 as required to receive federal funds from the United States Department of Housing and Urban Development (HUD). Report from Planning Department Craig Bluell, Principal Planner, summarized as follows: This item uwohcs two related concerns, l) the approval of the Citys Citizen Participation Plan for receipt of federal funds administered by the United States Department of Volume 48 - Page 478 MINUTES INDEX (40) HUD (87) ROLL CALL E CITY OF NEWPORT BEACH MINUTES to Q W X > nW N W X X UU W O 0 H Z o December 12,1994 I NE Housing and Urban Development and, 2) the receipt of HUD public comment regarding the needs of the community. The comments on community needs and Council's action to direct staff to prepare the ping document required to receive these funds will initiate the City s next program year cycle. Prior to preparation of this document, the City is required to adopt a Citizen Participation Plan and take public comment on community needs. Mr. Bluell discussed citizen participation in the proposed Citizen Participation Plan and how it was different from previous years. Mr. Bluell requested that Council action include two corrections to the Citizen Participation Plan, i.e., 1) Item A, first paragraph, the last sentence should read: `"the City shall fumish citizens, public agencies and other interested parties with notice and information to encourage citizen participation as follows: "; and 2) the first sentence of the third paragraph under A should mad: '-rbe City shall publish in the legal section of the local newspaper, a notice of the proposed allocation..." Mr. Bluell stated that all comments made at this public hearing must be included in the Consolidated Plan Document when submitted to HUD. Citizens must also have an opportunity to review and comment on the document when it is adopted The federal funds distributed by the four consolidated pmgnams must be used to subsidize activities that primarily benefit low -and very low- income people. Chris Olson, Director of Operations, South County Senior Services, addressed the Council and stated they have been participating in the CDBG program for a number of years; �y are presently rig funding in the amount of $12,500 which provides for senior citizen meals through the Oasis Senior Center, the needs of the seniors in this area are very important as there are a number of low -income seniors residing in Newport Beach; this past T�sgiv� Day, �y provided over 150 meals in the Center as well as a number of meals to the home -bound community. He is hopeful that funding will continue in spite of the Orange County baola tptcy issue. Debbie O' Connor, Executive Director of FISH Harbor Area, addressed the Council and expressed appreciation for the CDBG finding they have received in the past She stated they provide assistance to low -and moderate - income families in terms of housing; they also see a need for low -income child cam; they provide a mobile meal program to the elderly at home, and she hopes the City will continue to provide financial assistance for these many worthwhile programs. Volume 48 - Page 479 iEX ROLL CALL • Motion All Ayes • • A Q H M Cr CITY OF NEWPORT BEACH vI I MUTES > W Cn U C W H H 1 Jean H Wegener, 2108 Vista Entrada, representing SPIN, addressed the Council and stated that they have been serving the community in need since 1989. They provide primarily emergency services to seniors with their basic utility bill, and assistance to individuals seeking substance abuse recovery as well as access to housing assistance. Hearing no others wishing to address the Council, the public hearing was closed. x M Motion was made by Mayor Hedges to approve the proposed Citizen Participation Plan and direct staff to prepare a draft Consolidated Plan Document for Fiscal Year 1 995 -2000 as required to receive federal funds from the United States Department of Housing and Urban Development ( HUD), including the two corrections to the Citizen Participation Plan as enumerated by staff in the foregoing. Mayor Hedges also asked staff to look into possible use of CDBG finds for a low- interest loan program to assist mercbmWowner in DzKle/impmvemcnt rehabilitation in the local business districts. The motion was voted on and carried 26. Mayor Hedges opened the public hearing regarding City Council review of: USE PERMIT NO. 3517 - Request to permit the U U / P 3517 e establishment of a 24 hour Taco Bell drive - through, T Taco Bel TX ROLL CALL • • CITY OF NEWPORT BEACH MINUTES in 3 i i~- M M g g X X O O Z Z December 1z, 1994 I NE Council Member O'Neil stated that like Council Member T Taco Bel SEX ROLL CALL • • CITY OF NEWPORT BEACH Ln Q 3 W H 3 W QW to Q 2 X O (9 J Z U O December 12,1994 McDonalds amendment to their Use Permit in 11 is a provision that would allow the Planning Co or City Council on appeal or review to call it permit if their existing hours contribute a pmblei "An addendum to the staff report was dLStnbw City Council this afternoon noting the hours of for the McDonalds restaurant as follows: D Summer months, Sunday through Thursday 6:f 1:00 am., with dining room closing at 12 midnig and Saturday, 6:00 am. to 2:00 am, with din closing at 12 midnight; during the winter month through Thursday, 6:00 am. to 12 midnight, wi room closing at 11 p.m. and Friday and Satur am. to 2:00 am, with dining room cloy midnight To the best of his knowledge, in the that McDonalds has been at that location, the Ci had any problems created by the business." James Person, Attorney representing the r addressed the Council and stated the subject a was submitted one year ago. Ile discussed what place since the original application and noted proposed structure is now at 1674 sq. ft.; they several meetings with residents in the area to input as well as meetings with staff and represei the Police Department; their original request wa: hour operation, but the Planning Commission the hours to 5:00 am. - 2:00 am., with closing 1 room and parking lot at 11:00 p.m. which is aoc ttie applicant; if the City Council were to n conditions imposed by the Planning Comm would recommend that Taco Bell be on an "eve field" with McDonalds with respect to hours of Taco Bell is committed to being a good corpora and will respond to the concerns of its neighbors the conditions set forth by the Planning Comm fair and reasonable and they are acceptab] applicant Slap Leonard, representing Taco Bell, addr Council and stated it IS estimated their restaurant will generate $1.3 million in sales to proposed Taco Bell is approximately one -half t the Taco Bell on 17th Street in Costa Mesa, in s location for a Taco Bell, they have a set of guide adhere to which includes day time populati( counts, etc. In response to question raised by Council Edwards regarding temporary signs, the Director noted that banners and temporary limited to 100 sq. R in area and not allowed longer than 60 days in a calendar year. Volume 48 -Page 482 MINUTES INDEX 87, there ( Taco Bell Emission ) the use L 9ed to the operation Erin8 the Damto it; Friday Mg mom Sunday th diming lay, 6:00 ig at 12 22 years y has not 4)plicant, >plication has taken that the have had get their tatives of for a 24- changed he dining ;ptable to Ddify the ision, he n playing 9eration; c citizen, they feel scion are to the 77W M enue;the rte size of Testing a lines they p, traffic Member Planning signs are o remain ROLL CALL • • CITY OF NEWPORT BEACH )f is a in n rs r r, Is in ct rs to 1l is C" 0 I M a id is al u ry on MINUTES INDEX Taco Bell W 3 �w g co A x x U W o 0 H z O December 12,1994 The following persons addressed the Council in support the proposed Taco Bell: Jacquie E hs, 404 Fullerton Avenue Tim Greenfield, D=rove Director of Hoag Hospital Sid Soffer, 900 Arbor Strect, Costa Mesa It was noted by the above speakers that Taco Bell w named 13usiness of the Year in Irvine last year, and as result, they felt Newport Beach would be very fortunate: having Taco Bell; Taco Bell is a good corporate citin and contributes to the local community as well throughout Orange County, Taco Bell is in the prop zone for its use; if Taco Bell proves to be a bad neighbc then the City can revoke the use permit; the City nea another restaurant that is open late night hours. The following persons addressed the Council apposition to the proposed Taco Bell: Kurt Yeager, 1401 Kings Road Bill Dunlap, 400 Snug Harbor, Cliff Haven Homeowners Association Chuck Daniels, 14U Kings Road Barbara Yeager, 1401 Kings Road Wayne Tppie, (no address given) John Sturgess, 601 Cliff Drive, President, Cliff Haven Homeowners Association William Bennett, 3000 Cliff Drive Brian Brooks, 120 Kings Place It was indicated by the above speakers that if the mbje application is approved, some of their concerns are scum traffic, noise and light impacts on the surroundir neighborhood, hours of operation, impact. on Marine Mile and the Balboa Bay Club area; the proposed u being within 45 feet from the closest home; Taco Bell w dramatically impact the livability of the area; the propoo site is not suitable for a drive through restaurant; there another Taco Bell within three miles of the proposed sit Mariners Mile and what is allowed in that area should 1 studied further before action is taken on the aft application or the area will become a fast food regain row; this item should be tabled until the Specific An Plan for this area has been completed Ernie Lift 503 32nd Street addressed the Council at stated he was not going to speak for or against tt project, however, be did fed that Conditions of Approv No. 23 and No. 24 requiring the applicant to provide; irrevocable offer of dedication for 12 feet of rightof -w for great and highway purposes without compensatu should be deleted as he felt it was unfair. Volume 48 - Page 493 )f is a in n rs r r, Is in ct rs to 1l is C" 0 I M a id is al u ry on MINUTES INDEX Taco Bell CITY OF NEWPORT BEACH T • • Motion • x December 12,1994 Dave Wooten, President, Balboa gay Club, addressed the Council and stated that the Bay Club has 144 apartments and 128 overnight rooms across from the proposed Taco Bell, and recommended that the City develop some type of uniform policy for the nighttime businesses in the area Skip Leonard, representing Taco Bell, addressed the Council again and stated they will continue to try and dispel and resolve the problems that may arise as a result of their application if approved; he also felt there will always be resident concerns no matter what type of business comes into the community, they will decrease the hours of operation if staying open late night hours does not prove beneficial; the Taco Bell at Jamboree and MacArthur Boulevard has only had one police incident and that was a tagger who was defacing their restroom; it will be difficult to find another business to locate at the proposed site because of the unusual size of the lot Hearing no others wishing to address the Council, the public hearing was closed. Council Member Cox stated it was difficult to come to grips with some of the complaints raised because this section of the City has been a problem area for 15 to 20 years due to the various types of businesses that have failed; to suggest that this item be tabled at this time and not allow the property owner to proceed with his rights to develop the site is questionable; the City has a number of regulations and controls over businesses which makes it very difficult to establish in Newport Beach; the comment that Taco Bell will turn this area into a fast-food row does M make sense inasmuch as the Proposed application is the second one in the area in the last 15 years that is similar to McDonalds; Newport Beach is a community that is concerned about "where It is acing" and has demonstrated that over and over again, as to the hours of operation, be has stopped at McDonalds after getting out of a late night City Council meeting for a cup of coffee and has never experienced any harmful problems, he also does not think it is fair to the applicant for the City to impose certain conditions just because someone may "perceive" a problem before it actually occurs. Following the above remarks, motion was made by Council Member Cox to sustain the action of the planning Commission based on the Findings and Conditions for approval designated as Exhibit "A" of the staff report Council Member Watt stated she was not opposed to Council Member Cox's motion, hart inasmuch as the subject property is in a problem area of Mariners Mile, she would recommend that this item be deferred for three months in order for the City Council and others to give thought and vision as to what other type of businesses might be more compatible with the homeowners and Balboa Bay Club for this site. Volume 48 - Page 484 MINUTES INDEX Taco Bell Q (!1 Q! J ROLL 3~ W W H ;xoZ CALL W3 ;= °;o • • Motion • x December 12,1994 Dave Wooten, President, Balboa gay Club, addressed the Council and stated that the Bay Club has 144 apartments and 128 overnight rooms across from the proposed Taco Bell, and recommended that the City develop some type of uniform policy for the nighttime businesses in the area Skip Leonard, representing Taco Bell, addressed the Council again and stated they will continue to try and dispel and resolve the problems that may arise as a result of their application if approved; he also felt there will always be resident concerns no matter what type of business comes into the community, they will decrease the hours of operation if staying open late night hours does not prove beneficial; the Taco Bell at Jamboree and MacArthur Boulevard has only had one police incident and that was a tagger who was defacing their restroom; it will be difficult to find another business to locate at the proposed site because of the unusual size of the lot Hearing no others wishing to address the Council, the public hearing was closed. Council Member Cox stated it was difficult to come to grips with some of the complaints raised because this section of the City has been a problem area for 15 to 20 years due to the various types of businesses that have failed; to suggest that this item be tabled at this time and not allow the property owner to proceed with his rights to develop the site is questionable; the City has a number of regulations and controls over businesses which makes it very difficult to establish in Newport Beach; the comment that Taco Bell will turn this area into a fast-food row does M make sense inasmuch as the Proposed application is the second one in the area in the last 15 years that is similar to McDonalds; Newport Beach is a community that is concerned about "where It is acing" and has demonstrated that over and over again, as to the hours of operation, be has stopped at McDonalds after getting out of a late night City Council meeting for a cup of coffee and has never experienced any harmful problems, he also does not think it is fair to the applicant for the City to impose certain conditions just because someone may "perceive" a problem before it actually occurs. Following the above remarks, motion was made by Council Member Cox to sustain the action of the planning Commission based on the Findings and Conditions for approval designated as Exhibit "A" of the staff report Council Member Watt stated she was not opposed to Council Member Cox's motion, hart inasmuch as the subject property is in a problem area of Mariners Mile, she would recommend that this item be deferred for three months in order for the City Council and others to give thought and vision as to what other type of businesses might be more compatible with the homeowners and Balboa Bay Club for this site. Volume 48 - Page 484 MINUTES INDEX Taco Bell ROLL CALL • • CITY OF NEWPORT BEACH 3 M F~- cr CE M q A X U O JU' = Z , December 12,1994 Mayor Pro Tem Debay in speaking to this issue mac following comments: commercial property owners rights as well as residential property owners, an people who purchased property on the bluffs were i of the commercial strip below their homes and she not fed it is the CouocirS responsibility to Step it mediate those property rights; she opposes the recut a 24 -hour operation as she felt it would set a prey the other higher priced restaurants along Mariners are struggling and saturated, and it would be very dB for the City to attract those types of businesses It subject site because of the lot size, shape, L' dedication requirement, and lack of pares the v commercial buildings along drat stretch of Mariners are creating blight and affecting properly rights; the also blighted areas in Lido Village and other areas i Peninsula which is of concern to the City, the City need of some consistent revenue - producing lwsinn and she felt that inasmuch as Taco ]cell has establis successful and well managed corporate image, they good neighbor, and they have redesigned their p many times, they should be allowed to develol property, Taco Bell is aware of the call-back provis there is disturbance to the neighbors; there in conditions being imposed with the proposed use p and she is sorry there are so many conflicts he residential and commercial properties in the City. Council Member Edwards indicated he was familiar the proposed project having reviewed it while serum the Planning Commission, and he felt that if this it is approved, he would like to see the Council ad uniform policy at the same time for Mariners M suggested earlier in the meeting. He stated the City the property where the Balboa Bay Club is located, c in the process of commencing negotiations for a 5( lease on the site, and based upon what he has seen the revenue flow, it could be potentially offer possible decrease in value in terms of negotiated p the inquest by Taco Bell is approved, and on that bas would like to overrule the decision of the Pla Commission and deny the use permit. Mayor Hedges asked the City Manager if there wa evidence that the underlying fee for the Balboa Bay would be affected in any way if the subject requ approved The City Manager responded that the recently ccmy appraisal is directly related to surrounding land use only determined the fair market rental value. Volume 48 - Page 485 b the have I the ware does i and st for Mile fiailt r the ! -foot scant Mile e are If the is in MSM, lied a are a roject i the ion if e 50 Milk Men with rg on quest opt a le as and is 15W as to by a ice if is, he ming s any Club est is Acted , and MINUTES INDEX aco Bell ROLL CALL • • Motion Ayes Noes Abstain CITY OF NEWPORT BEACH q ly Q 3 W H F- Cr A > Q W OU to W C7 M = X W > O (-J H W Z O December 12,1994 With respect to the hours of operation at McDonalds, Planning Director stated there were no hours of operat established at the time McDonalds received their imii approval in 1971 or when they amended their use permit 1987; however, they have established hours of operation their course of business as enumerated earlier in meeting, If those hours were to change or expand, d would be required to amend their use permit. With regard to the 12 -foot dedication requirement Coast Highway, Skip Leonard, representing Taco B stated that because of the subject requirement, they h redesigned their building should that "taking" ever oa If that requirement is eliminated, they can go back anotherplan. Mayor Hedges pointed out that the 12 -foot dedication is along Coast Highway in the Mariners Mile area was item that came up earlier in the year, and the Council m; it clear at that time they did not want to get involved dedications and compensation to property owners, and therefore, did not understand why this requirement included with the proposed Conditions of Approval. In response to question raised regarding the Tra Analysis, the Planning Director and City Attorney no that a traffic consultant was hired by the City to perfc the Traffic Study with staff input from the Traffic EaW and Planning Department. The trip generation r selected for the proposed site use are designated for a li food restaurant with drive - through service and are tal from the San Diego Association of Govemments i generation rates, October 1993. x Following discussion, substitute motion was made x x Council Member Edwards to overrule the decision of x x x Planning Commission based on the Findings i x x Conditions for denial designated as Exhibit "B" in the s report, which motion FAUM. Council Member Edwards asked Council Member C maker of the original motion, if he would be agreeable including in his motion some direction to staff regard the development of a uniform policy with respect to ho of operation along Mariner's Mile, to which Com Member Cox stated he fah it was a separate issue. Council Member Watt requested that the motion on floor be amended to change the hours of operation follows: Summer months - 6:00 am. to 1:00 am., Sum through Thursday, and 6:00 am. to 2:00 am. Friday i Saturday, Winter months - 6:00 am. to ll p.m., Sum through Thursday, 6:00 am. to 12 midnight Friday i Saturday, parking lot and dining room to close at H p.m all times. In response to the above, Council Member Cox stated will adhere to his original motion. Volume 48 -Page 486 MINUTES INDEX he Taco Bell on ial in in the 1ey For A uve to 'ue an de in he, Int He tad an xf tes st- :en rip by the nd aff K to ng us cil the as iay ind md at he ROLL CALL • Ayes Noes Abstain • Motion All Ayes • CITY OF NEWPORT BEACH MINUTES 3 A F-- 3 0.¢l A g T X U O O Z O December 12,1994 I NE In view of the foregoing, Council Member Watt moved a substitute motion changing the hours of operation as set forth in the foregoing x x x x Discussion ensued wherein it was indicated that inasmuch x as the Council had disposed of the substitute motion made x x by Council Member Edwards and retuned to the original motion made by Council Member Cox, as a point of order, that motion should be voted on at this time, which motion carried PUBLIC COMMENTS 1. Sid SoBer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed revenue derived from the food and beverage industry. CURRENT BUSINESS 27. Resolution SUNSE'ITING VARIOUS COMMITTEES (2 4 ) Val Skom,1601 Bayadere Terrace, and Don Harvey, 2039 Port Weybndge Place, members of the Bicycle Trails Citizens Advisory Committee, addressed the Council in Woosition to eliminating and/or suuseting the subject committee. They indicated they felt their group has performed a number of accomplishments from the standpoint of safety on bike trails, and cited a few of the events they participate in and co- sponsor with the City . x In view of the Council's discussion at their afternoon session and the above remarks, motion was made by Council Member O'Neil to retain the three citizen advisory committees (Bicycle Trails, Environmental Quality, and Harbor Quality) as separate committees, and to adopt Resolution No. 94-107 with the deletion of Items 15,16, and Res 94— 17. It was stated that appointments to the above three commitees would be made January 9,1995. 2& PROPOSED RESOLUTIONS ESTABLISHING NEW (2 4 ) COUNCIL STANDING CObBVIITTEES. With respect to the Legislative Commitee, Mayor Hedges suggested the proposed Resolution be amended to include the following duties: (1) Review proposed changes to the Council Policy Mammal and make recommendations to the City Council. (g) Assume the duties of the Air Quality Management Plan Coordinating Committee. I Volmne 411 - Page 487 SEX 107 ROLL CALL Motion Ayes Motion All Ayes • CITY OF NEWPORT BEACH MINUTES Q �w F-- 3 ro q m = X 0U of O _j j z O December 12,1994 I x Motion was made by Council Member Glover to adopt Res 94-1 Resolutions No.'s 94408 through 94-113, establishing the 110/111/ following Committees: Appointments, Finance, Harbor 8c 113 Beaches, Legislative (as amended by Mayor Hedges), and Utilities/Poblic Works. x Motion was made by Mayor Hedges to confirm the following appointments: L COUNCIL STANDING COMMITTEES A. Airport Committee Council Member Glover Council Member Edwards B. Appointments Committee Mayor Pro Tem Debay Council Member O'Neil C. Finance Committee Council Member O'Neil Council Member Glover D. Harbor and Beaches Committee Council Member Cox Council Member Watt E. Legislative Committee Council Member Edwards Council Member Cox F. Utilities/Public Works Committee Council Member Watt Mayor Pro Tem Debay H. COUNCIL AND CITIZENS AD HOC COMMITTEES A. Aviation Committee Mayor Piro Tem Debay Council Member Cox B. Economic Development Committee Council Member Cox Council Member Glover C. Old Newport Boulevard Specific Area Plan Council Member Glover Mayor Hedges ILL JOINT GOVERNMENTAL COMMITTEES A. City -School Liaison Committee City Manager Council Member Watt (Reporting) Mayor Pm Tem Debay I Volume 48 - Fage 488 NDEX 08/10 112/ ROLL CALL :7 • CITY OF NEWPORT BEACH MINUTES 3t~— A 3 m0x0z W W W 0-i W H p December 12,1994 I B. Inter -City Liaison Committee City Manager Mayor Hedges ( Reporting) Council Member Glover C. Joint Committee for the Evaluation and Implementation of the Upper Newport Bay Cooperative Agreement Council Member Watt (Reporting) Mayor Pro Tern Debay (Alt) D. League of California Cities/Orange County Division Mayor Council Member Edwards (Alt) E. Orange County Vector Control District Board Trustees Council Member Glover F. Orange County Sanitation Districts District 5 Active Directors: Mayor Pro Tern Debay Council Member Cox (Jan Debay is also alternate to John Cox, and John Cox is alternate to Jan Debay) District 6 Mayor Pro Tern Debay Council Member Cox (Alt) District 7 Mayor Pro Tern Debay Council Member Cox (Alt) G. Southern California Association of Governments (SCAG) Mayor Council Member Cox (Alt) H Santa. Ana River Flood Protection Agency Council Nlentber Watt Council Member Glover (Alt) L Orange County Cities Airport Authority Assistant City Manager Council Member Edwards Mayor Hedges (Alt) J. Orange County Housing Commission Advisory Committee (For ratification only) Craig Bluell (Adv Planning Stafi) I Volume 48 - Page 489 NDEX CITY OF NEWPORT BEACH • n A Ayes December 12,1994 IL Sam Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors Council Member O'Neil Mayor (Alt) L Hazardous Waste Material Joint Powers Authority Mayor Pro Tem Debay M. Single Room Occupancy (SRO) Task Force (Affordable Housing) Mayor Pro Tem Debay Craig Bluell _(Adv Planning Stall) N. Growth Management Area Mayor (City s Rep) IV CITIZENS ADVISORY COMMITTEES Environmental Quality Affairs Citizens Advisory Council Member Watt (Reporting) Council Member Glover Harbor Quality Citizens Advisory Committee Council Member Watt (Reporting) Council Member Edwards Bicycle Trails Citizens Advisory Committee Mayor Pro Tem Debay (Reporting) Youth Council(Citizens Advisory Committee Mayor Pro Tem Debay Recreation Supervisor (PB& R Staff 29. APPOINTMENTS TO ENVIRONMENTAL HARBOR QUALMY/BHCE TRAILS CITIZENS ADVISORY COMMITTEES BY THE CITY COUNCIL for a one -year term expiring December 31, 1995 (appointed by Council upon recommendation of each Council Member). Report from City Clerk. Motion was made to defer action/appointments to January 9, 1995. Volume 48 - Page 490 MINUTES (24) INDEX (Y J ROLL 3� W gxoz CALL G] ¢ W W O J W3 [72000 • n A Ayes December 12,1994 IL Sam Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors Council Member O'Neil Mayor (Alt) L Hazardous Waste Material Joint Powers Authority Mayor Pro Tem Debay M. Single Room Occupancy (SRO) Task Force (Affordable Housing) Mayor Pro Tem Debay Craig Bluell _(Adv Planning Stall) N. Growth Management Area Mayor (City s Rep) IV CITIZENS ADVISORY COMMITTEES Environmental Quality Affairs Citizens Advisory Council Member Watt (Reporting) Council Member Glover Harbor Quality Citizens Advisory Committee Council Member Watt (Reporting) Council Member Edwards Bicycle Trails Citizens Advisory Committee Mayor Pro Tem Debay (Reporting) Youth Council(Citizens Advisory Committee Mayor Pro Tem Debay Recreation Supervisor (PB& R Staff 29. APPOINTMENTS TO ENVIRONMENTAL HARBOR QUALMY/BHCE TRAILS CITIZENS ADVISORY COMMITTEES BY THE CITY COUNCIL for a one -year term expiring December 31, 1995 (appointed by Council upon recommendation of each Council Member). Report from City Clerk. Motion was made to defer action/appointments to January 9, 1995. Volume 48 - Page 490 MINUTES (24) INDEX ROLL CALL 0 • .. CITY OF NEWPORT BEACH MINUTES 3 Ww F~ 3 M q= A X vo � O 0 J Z p December 12, 1994 I NE Meeting adjourned at 10 pm. NEXT CITY COUNCIL MEETING IS JANUARY 9,1995 The agenda for this meeting was posted on December 7, 1994 at 4:15 p.m., and the supplemental agenda was posted on December 9,1994 at 6:15 pm., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: �zW PO City Clerk ®Q �. t U �!c Volume 48 - Page 491 ,EX