HomeMy WebLinkAbout05/13/1996 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 13, 1996 - 7:00 p.m.
INDEX
CLOSED SESSION - 5:00 p.m. (Refer to sepa
CLOSED SESSION REPORT PRESENTED - None
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Absent: None
Proclamation and Certificates of Recognition presented to the Corona del Mar
Girls' Soccer Team for winning the 1996 Southern California Regional Soccer
Championship.
Recognition letter, picture and City seal pin presented to Ken Smith,
Transportation Director, Orange County Environmental Management Agency, for
his effort and leadership that resulted in getting the Newport Coast Drive
Extension under construction.
Motion by Mayor Pro Tern Debay to waive reading of the minutes of the meeting
of April 22, 1996, to approve as written and order filed. The motion carried by the
following roll call vote:
Ayes:
O'Neil, Edwards, Cox, Glover, Watt and Mayor Hedges
Noes:
•
None
Absent:
None
Abstain:
Debay
Motion by Mayor Pro Tem Debay to waive reading of ordinances and resolutions
under consideration, and direct the City Clerk to read by titles only. The motion
carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes: None
Absent: None
Abstain: None
MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA
FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM):
Council Member Edwards requested that staff report back to Council
regarding the letter dated May 6, 1996 from the U.S. Department of
Housing and Urban Development, indicating that block grant money is
available for economic development activities.
• Council Member O'Neil requested that staff report back on the status of
the property located at the top of the bluff on Fernleaf which the City has
• attempted to purchased in the past.
• Mayor Hedges requested that staff bring back a report for action on the
sponsorship of non - routine items on the Council agenda.
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City of Newport Beach
City Council Minutes
May 13, 1996
,i
VKUIIVAIVI.CJ rVK IN I KVUM, I IVN
1.
INTRODUCE ORDINANCE NO. 96 -18 AMENDING TITLE 20 OF THE NBMC TO
Ord 96 -18
ALLOW THE PLANNING COMMISSION OR THE CITY COUNCIL TO MODIFY
Zoning
DEVELOPMENT AND OPERATIONAL REGULATIONS FOR TIME -SHARE
(94)
PROJECTS. Pass to second reading and schedule a public hearing for
101
May 28, 1996.
2.
INTRODUCE ORDINANCE NO. 96 -19 ADDING SECTION 2.36.020 TO THE
Ord 96 -19
NBMC RELATING TO STANDARDS AND TRAINING FOR CORRECTIONS
Police Dept
PROGRAM. Pass to second reading on May 28, 1996.
(70)
ORDINANCES FOR ADOPTION
3.
ADOPT ORDINANCE NO. 96 -17 APPROVING AN AMENDMENT TO THE
Ord 96 -17
CONTRACT BETWEEN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS)
PERS - C -563
AND THE CITY TO CHANGE THE LEVEL OF THE SURVIVOR BENEFIT PROGRAM
(38)
FOR MISCELLANEOUS AND SAFETY EMPLOYEES.
RESOLUTIONS FOR ADOPTION
4.
ADOPT RESOLUTION NO. 96 -36 AUTHORIZING THE CITY MANAGER,
Res 96 -36
ADMINISTRATIVE SERVICES DIRECTOR, OR GENERAL SERVICES DIRECTOR TO
FEMA
EXECUTE DOCUMENTS RELATED TO THE FEMA REIMBURSEMENT FOR
(40)
DAMAGES INCURRED IN THE JANUARY 1995 STORMS.
CONTRACTS AND AGREEMENTS
5.
FORMATION OF ORANGE COUNTY COUNCIL OF GOVERNMENTS. Authorize
Orange Co COG
Mayor to execute Joint Powers Agreement establishing the Orange
C -3087
•
County Council of Governments.
(38)
6.
Removed from Consent Calendar.
7.
FIVE -YEAR AGREEMENT WITH THE COUNTY OF ORANGE TO PROVIDE
Orange Co
SUPPLEMENTAL LAW ENFORCEMENT SERVICES DURING SPECIAL EVENTS.
Supp Law Enforce.
Approve the agreement with the County of Orange and authorize the
Services - C -2846
Mayor and City Clerk to execute the agreement.
(38)
8.
Removed from Consent Calendar.
9.
MACARTHUR BOULEVARD WIDENING PROJECT FROM PACIFIC COAST
MacArthur Blvd
HIGHWAY TO FORD ROAD (CONTRACT NO. 2825T) - APPROVAL OF
Widening
AMENDMENT NO. 3 TO ENGINEERING SERVICES AGREEMENT. Approve
C- 2825(T)
Amendment No. 3 to an Engineering Services Agreement with Robert
(38)
Bein, William Frost & Associates increasing the compensation amount by
$102,376 and authorize the Mayor and City Clerk to execute Amendment
No. 3.
10.
36 -INCH WATER TRANSMISSION MAIN - REACH NO. 3 - GROUNDWATER
Groundwater Dev
DEVELOPMENT PROJECT (Seawater Line to Slater Avenue) (CONTRACT NO.
Reach 3
C- 3004 -L) - APPROVAL OF ADDITIONAL CONTRACT WORK. Approve a
C- 3004(L)
change to Contract No. C- 3004 -L to C.K. Construction to increase the
(38)
original contract amount by $125,790 to provide for additional work to
•
perform repairs, modifications and tie -ins to the existing Seawater Line.
11.
STRUCTURAL ADA ALTERATIONS (CONTRACT NO. 2948) - AWARD OF
ADA
CONTRACT. Award contract to Construct 1 One, Corp. for the total bid
C -2948
price of $336,163; authorize the Mayor and City Clerk to execute the
(38)
Volume 50 - Pagel 34
City of Newport Beach
City Council Minutes
May 13, 1996
contract; and provide a contingency amount of
12. AGREEMENT WITH CALTRANS TO DEVELOP TRANSPORTATION MANAGEMENT
ASSOCIATION SERVICES IN THE AIRPORT AREA. Authorize the Mayor to
execute an agreement with Caltrans in an amount not to exceed
•$90,000.
13. RESUBDIVISION NO. 1022 - LOT 22, BLOCK 739 OF THE CORONA DEL MAR
TRACT RECORDED IN BOOK 3, PAGES 41 AND 42 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, ALSO KNOWN AS 720
MARGUERITE AVENUE, CORONA DEL MAR. Approve a subdivision
agreement guaranteeing completion of the public improvements
required with Resubdivision No. 1022 and authorize the Mayor and City
Clerk to execute the agreement.
14. NOTICE OF COMPLETION - 36 INCH WATER TRANSMISSION MAIN REACH
NO. 1 GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. C- 3004 -J).
Accept the work, authorize the City Clerk to file a Notice of Completion
and release the bonds 35 days after the Notice of Completion has been
recorded in accordance with applicable portions of the Civil Code.
15. COMPLETION AND ACCEPTANCE OF WORK - STORM DRAIN IMPROVEMENTS
ALONG BAYSIDE DRIVE, SANTIAGO DRIVE, OCEAN BOULEVARD AND KINGS
PLACE (CONTRACT NO. 2930). Accept the work and authorize the City
Clerk to file a Notice of Completion and release the bonds 35 days after
the Notice of Completion has been recorded in accordance with
applicable portions of the Civil Code.
• 16. PLANNING COMMISSION AGENDA - May 9, 1996.
17. Removed from Consent Calendar.
18. ECONOMIC DEVELOPMENT COMMITTEE REPORT ON FINANCING SOURCES
FOR BUSINESS IN NEWPORT BEACH. Receive and file committee report
and direct staff to make the report available through the City's Internet
Home Page and other appropriate methods.
19. Removed from Consent Calendar.
20. Removed from Consent Calendar.
21. 1996 -97 PROPOSED BUDGET AND APPROPRIATION LIMIT HEARINGS -
Schedule joint public hearing for June 10, 1996 and direct City Clerk to
publish said notice.
22. APPROVAL OF AMENDMENT TO COUNCIL POLICY F -3, BUDGET ADOPTION
AND ADMINISTRATION, TO INCLUDE THE PROVISION FOR HANDLING
UNEXPENDED AND UNENCUMBERED CAPITAL PROJECTS ON JUNE 30 OF
EACH FISCAL YEAR.
23. LOT LINE ADJUSTMENT BETWEEN NEWPORT HILLS COMMUNITY ASSOCIATION
• AND THE CITY OF NEWPORT BEACH BETWEEN BUFFALO HILLS PARK AND THE
NEWPORT HILLS COMMUNITY ASSOCIATION POOL SITE ADJACENT TO PORT
TAGGART PLACE IN THE NEWPORT HILLS DEVELOPMENT. Approve lot line
adjustment 96 -5 and Quit Claim Deed and authorize the City Manager to
execute the lot line adjustment and the Quit Claim Deed for the property
exchange.
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INDEX
Caltrans - Trans
Management Sent
C -3088
(38)
Resub 1022
(84)
Groundwater Dev
Reach 1
C- 3004(J)
(38)
Storm Drain Imp
Bayside /Santiago/
Ocean Blvd /Kings PI
C -2930
(38)
(68)
EDC
(24)
1996 -97 Budget
(40)
Council Policy F -3
(69)
Lot Line Adj
(74)
City of Newport Beach
City Council Minutes
May 13, 1996
MOTION BY MAYOR PRO TEM DEBAY TO APPROVE THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED (6, 8, 17, 19 and 20). The motion carried by
the following roll call vote:
• Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes: None
Absent: None
Abstain: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
6. JOINT POWERS OF AUTHORITY AGREEMENT TO ESTABLISH A CONSOLIDATED
COMMUNICATIONS CENTER FOR EMERGENCY DISPATCH OF FIREFIGHTERS
AND PARAMEDICS.
City Manager Murphy reported that in order to make the JPA as effective
as possible the City of Costa Mesa needs to be encouraged to
participate.
Fire Chief Riley requested that the following changes be made to the
agreement prior to approval:
That Section 4.9, Officers, be changed to reflect that the auditor shall be
a certified public accountant, appointed by the Board with duties as
prescribed by code.
That Section 11.1, Amendments, be changed to reflect that any
amendments to Section 8.2, Indemnification /Hold Harmless, and 8.3,
• Waiver, requires unanimous consent.
Dolores Offing, asked whether the current arrangement with Huntington
Beach is a JPA or an MOU and why Costa Mesa is not participating. She
noted that a JPA creates another taxing entity and questioned why it
wasn't set up as an MOU.
City Manager Murphy reported that Costa Mesa maintains a joint
police /fire dispatch system and they have indicated that they prefer to
stay in a stand -alone police and fire communication system. He said the
City has talked with Costa Mesa several times about joining the current
Central Net and would like them to join this central metro organization
because the more parties involved the more efficient the system is.
Fire and Marine Chief Riley explained that currently there are two
separate computer aided dispatch systems - one for the City of Costa
Mesa police and fire and one for the current system in Huntington Beach
(Huntington Beach, Fountain Valley and Newport Beach). He explained
how the mutual aid system works and pointed out that each City has
complete control over their own units. In response to Mayor Hedges'
question about whether Costa Mesa's decision not to participate in the
proposed JPA raises the cost, Mr. Riley reported that it doesn't raise the
cost because they were never a participant to begin with, however if
they were to join, the cost to the other agencies would be reduced. He
• said Costa Mesa says that the proposed system is not as cost effective as
providing the service in- house.
Mr. Riley explained that the ongoing operating expense for the Central
Net Operations Authority was $412,000. As a result of Westminster leaving
there was a hole in the budget which meant that the operations had to
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INDEX
Orange Co Cities
JPA
C -3089
(38)
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City Council Minutes
May 13, 1996
be scaled down or an alternative found to reduce the annual cost. He
said the $390,000 initial start-up costs covers the relocation of all of the
equipment from Huntington Beach to Anaheim. He said that the
operating costs will be lowered by $76,000 this year as far as ongoing
expenses. He said the money in the Central Net reserve fund covers
•almost all of the costs to transfer to the metro city system. He said the
outstanding balance is approximately $17,000, which will be spread over
five years for an increase of planned expenditures of $3600 per year.
Council Member Glover questioned whether the JPA would be required
to change equipment every time one of the cities decided to change
their equipment. Mr. Riley explained that the agreement provides that
anything pertaining to money requires a 51% affirmative vote of the
members, the proposed system is state -of- the -art and the current
communication system is county -wide and utilized by all the cities.
Mayor Hedges questioned why Costa Mesa believes that in -house
services are more cost effective. Mr. Riley explained that by
consolidating the Central Net system into the Anaheim system, the total
overall staffing is reduced by 34 %.
City Manager Murphy said he believes Costa Mesa's reasoning is based
on past practice, their employees and employee associations, and the
status of some of the management that operates the system. He said it is
in everyone's interest to have them, as well as Santa Ana participate in
this.
Council Member Edwards said that the answer to Ms. Offing's question is
covered in Section 9.2 regarding the rate to withdraw.
• Motion by Mayor Hedges to approve the amended Joint Powers of
Authority (JPA) Agreement with the cities of Anaheim, Fountain Valley,
Fullerton, Garden Grove, Huntington Beach and Orange, however to
delay execution of the agreement by two weeks until discussions have
been exhausted with the City of Costa Mesa and staff provides a status
report on the outcome of those discussions (report without action), and
then the agreement can be executed.
Mr. Murphy indicated that the others cities intend to act over the next
two weeks, so the restriction should not be an impediment since it doesn't
become effective until July 1, 1996. He also noted that the concept of
Costa Mesa and Newport Beach merging was raised, however he does
not feel it would be as cost effective, since the current proposal is to
spread across seven cities.
The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Glover, Waft and Mayor Hedges
Noes: Cox
Absent: None
Abstain: None
S. CORONA DEL MAR CERTIFIED FARMER'S MARKET - APPROVAL OF
ENCROACHMENT AGREEMENT.
•
Council Member O'Neil following up on an inquiry from former Mayor Phil
Sansone, President of the Corona del Mar Resident's Association,
reported that the intent is to provide permit parking only on Bayside Drive
between Marguerite and Larkspur. He also wished Rick Heil, the operator,
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INDEX
CdM Cert
Farmers Market
(65) e 3098 L
City of Newport Beach
City Council Minutes
May 13, 1996 INDEX
the best of luck in his new operation.
Mayor Hedges noted that on page 4 of the agreement, Section 5, the
term should be corrected to begin on May 18, 1996 and continue
through May 17, 1997.
• Motion by Council Member O'Neil to approve the encroachment
agreement with Rick Heil to allow a weekly Certified Farmer's Market in
the municipal parking lots at Marguerite Avenue and Bayside Drive on
Saturdays from 9:00 a.m. to 1:00 p.m.
Joe Monigal, 25 Pt. Loma, florist in Corona del Mar, spoke in opposition to
the Farmers Market and reported that other florists and businesses in the
area are also opposed to it. His concerns were based on potential
parking and traffic impacts and unfair competition created by vendors
selling their flowers at wholesale prices.
Luvena Hayton, 235 Poppy, Corona del Mar Chamber of Commerce,
reported that the majority of chamber members felt the market was a
good idea, however concerns were raised about the sale of flowers
being in direct competition with the local florists.
Marcia Dossey, Newport Pier Association, asked that Council delay taking
action on items 8 and 17 until the association has had an opportunity to
meet with the City Manager.
In response to Council Member Edwards, Assistant City Attorney Clauson
explained that the market is limited to certified producers, therefore they
can only sell products they have produced themselves. As far as
• enforcement, she explained that the agreement states that the City can
terminate the agreement without cause by giving thirty days written
notice; or if the permittee defaults on provisions of the agreement and
fails to cure or correct the default within ten days of receipt of a written
notice, the City may immediately terminate the agreement.
Mr. Heil distributed copies of the certificates that the vendors must obtain
from the County and explained that the vendors must grow what they
sell. He indicated that they are not wholesale, but grower direct costs
and they only accept cash or checks (no credit cards). In response to
Council Member Watt, Mr. Heil explained that flowers are an integral part
of a Farmers Market and needed for a quality market. He reported on
similar situations in Long Beach and Dana Point and how they handled
the concerns that were raised.
City Manager Murphy reported that types of activities like this that are
located in commercial districts typically bring people into the area that
normally would not shop there. He said that staff, from an economic
development point of view, focused on this request as new business
development.
Council Member O'Neil reported that a phone call was received from
former Mayor Sansone indicating that the Corona del Mar's Residents
Association has not taken an official position regarding the proposed
• market, nor has he. Council Member O'Neil spoke in support of
approving the encroachment agreement as proposed, including the sale
of flowers since there are adequate provisions in the agreement for
termination.
Council Member Watt said she supports the concept of a Farmers
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City Council Minutes
May 13,19%
Market, however voiced concerns about problems with traffic which may
negatively affect other businesses. Council Member Watt made a
substitute motion to direct staff to review how other cities have dealt with
the flower sales before approving this agreement, however due to a lack
of a second, the motion died.
Motion by Mayor Hedges to amend the motion to delete the sale of
flowers from the agreement. The motion failed by the following roll call
vote:
Ayes:
Debay, Waft and Mayor Hedges .
Noes:
O'Neil, Edwards, Cox, Glover
Absent:
None
Abstain:
None
The original motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, and Mayor Hedges
Noes: Waft
Absent: None
Abstain: None
17. REPORT ON ORANGE COUNTY FARMER'S MARKETS.
Marcia Dossey, Newport Pier Association, asked that Council support a
second farmers market in front of the southwest parking lot from the turn-
around to Doryman's. She explained the benefits, noted the support
from the businesses as well as the Board, and said they will utilize the
Orange County Farm Bureau rather than an independent organizer.
City Manager Murphy explained that the Corona del Mar Farmer's
Market will be charged a $170 monthly fee to offset the loss of parking
revenue.
Motion by Mayor Hedaes to direct staff to return in six months with a status
report on the City's experience with the Corona del Mar Farmers Market
and to proceed with the processing of any additional farmers market
applications so they can be considered on their own merit. The motion
carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Waft and Mayor Hedges
Noes: None
Absent: None
Abstain: None
19. APPROVAL OF REQUEST FOR PROPOSALS (RFP) FOR THE FORD LAND
AFFORDABLE HOUSING.
City Manager Murphy, on behalf of the City Attorney, requested that staff
be authorized to add a provision to the RFP which would allow the
submittals to remain confidential so they cannot be reviewed by other
parties. He recommended that Council approve the RFP subject to
drafting and approval by the City Attorney and Mayor prior to
distribution. In response to Council Member Edwards' concerns about this
clause being in violation of the Public Records Act, Mr. Murphy added
that the provision would also be subject to all legal constraints.
Motion by Council Member Edwards to authorize staff to circulate the
Request for Proposals with a confidentiality clause (subject to all legal
Volume 50 - Pagel 39
INDEX
Orange Co
Farmers Market
(68)
Ford Land
Affordable Housing
(68)
C
City of Newport Beach
City Council Minutes
May 13, 1996 INDEX
constraints); authorize the Affordable Housing Task Team to review and
evaluate the proposals; and direct the task team to recommend to the
City Council an affordable housing project to satisfy the requirement of
the Ford development project. The motion carried by the following roll
call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes: None
Absent: None
Abstain: None
20. APPROVE PROPOSED COMMUNITY REPRESENTATIVES TO PARTICIPATE IN THE
BALBOA PENINSULA PLANNING STUDY DISTRICT PLANNING WORKSHOPS.
City Manager Murphy reported that Ron Soderling, proposed
representative for Lido Village /Civic Center, has requested that his name
be withdrawn from consideration since he cannot participate at this
time.
Motion by Mayor Hedges to approve the amended list of representatives
that will participate in the workshops. The motion carried by the following
roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Waft and Mayor Hedges
Noes: None
Absent: None
Abstain: None
PUBLIC HEARINGS
24. ORDINANCE NO. 96 -16 AMENDING PORTIONS OF DISTRICTING MAP NO. 18
TO ALTER THE BOUNDARY BETWEEN THE "R -1" AND "PC" DISTRICTS
(PLANNING COMMISSION AMENDMENT NO. 847); GENERAL PLAN
AMENDMENT NO. 96 -1(C) AND LOCAL COASTAL PROGRAM AMENDMENT
NO. 45 TO ALTER THE BOUNDARY BETWEEN THE "RETAIL, SERVICE
COMMERCIAL" USE AND THE "SINGLE- FAMILY RESIDENTIAL" USE - K.J.
CATANZARITE AND SO CAL IBEW -NECA PENSION PLAN (352 HAZEL DRIVE
AND 3901 EAST COAST HIGHWAY).
City Manager Murphy introduced Sharon Wood, Assistant City Manager,
Community and Economic Development. He also commended Patty
Temple and Ray Schuller for the significant accomplishments made in the
economic development area. Mayor Hedges concurred and
congratulated Sharon Wood on her appointment.
Planning Manager Temple explained that this is a housekeeping item and
the proposed amendments will alter the boundary between the subject
commercial property and the subject residential property.
Mayor Hedges opened the public hearing.
Frank Vandenbergh, 700 N. Brand Blvd, Ste. 200, Glendale, representing
So Cal IBEW -NECA Pension Plan, reported that he had requested through
• the City Attorney that this public hearing be continued since the
settlement agreements have not been finalized.
Motion by Council Member O'Neil to continue the public hearing to May
28, 1996. The motion carried by the following roll call vote:
Volume 50 - Pagel 40
BPPAC Workshops
Comm Reps
(68)
Ord 96 -16
PCA 847
GPA 96 -1(C)
Zoning
(94)
•
•
•
City of Newport Beach
City Council Minutes
May 13, 1996
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes: None
Absent: None
Abstain: None
25. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
BY COASTAL CITY YELLOW CAB (contd. from 4/22/96).
Revenue Manager Glen Everroad reported on the status of transferring
the taxi regulation responsibilities to the Orange County Transportation
Authority. He explained that the applicant submitted an application to
operate four taxicabs in the City, there are currently nine taxicab
companies authorized to operate a total of 162 vehicles in the City, and
all nine companies use these vehicles to service other Orange and Los
Angeles County cities. Mr. Everroad pointed out that between 1952 and
1986 the City only allowed one taxicab company to operate in the City,
however since then eight more companies have been introduced which
has caused some in- fighting amongst the operators. He reported that this
hearing was scheduled for April 22, 1996, however a competitor
requested that staff investigate some insurance issues prior to the hearing.
He reported that the investigation was completed and the Risk Manager
has verified that the applicant's insurance is current.
Motion by Council Member O'Neil to approve the issuance of public
convenience as requested and directed staff to bring back a proposed
code amendment giving staff authority to approve applications for
Certificates of Public Convenience. The motion carried by the following
roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes: None
Absent: None
Abstain: None
PUBLIC COMMENTS
Luvena Hayton, 235 Poppy, representing the Corona del Mar Chamber of
Commerce, requested that Council consider forgiving the $7,000
delinquent bill owed by the Chamber for the hauling of dirt and the labor
Involved in the planting of the dolphins since they do not have the money
to pay it.
Mayor Hedges advised her that the Council cannot take action on this
item since it is not on the agenda and suggested she contact her Council
representative, Dennis O'Neil, regarding this issue.
Assistant City Attorney Clauson cautioned the Council about gifts of
public funds.
CONTINUED BUSINESS
26. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE
VACANCY ( contd. from 4/22/96):
Motion by Mayor Pro Tem Debav to appoint Viji Sadasivan to fill the
vacancy created by the resignation of Tina Siemons (District 2) and
encouraged residents to apply for this committee. The motion carried by
the following roll call vote:
Volume 50 - Pagel 41
INDEX
Coastal City Yellow
Cab (27)
EQA /CAC
(24)
City of Newport Beach
City Council Minutes
May 13, 1996
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes: None
Absent: None
Abstain: None
• 27. ECONOMIC DEVELOPMENT COMMITTEE VACANCY:
Motion by Mayor Hedges to appoint Carol Hoffman as the Building
Industries Association representative to replace Tom Redwitz. The motion
carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes: None
Absent: None
Abstain: None
28. APPOINTMENTS BY MAYOR TO AD -HOC APPOINTMENTS COMMITTEE.
Mayor Hedges announced that the deadline for filing applications for the
vacancies on the City Boards and Commissions is Wednesday, May 15,
1996 at 4:30 p.m. He reviewed the current vacancies and invited
qualified electors of the City to submit their applications.
Motion by Mayor Hedges to appoint Council Member Glover, Mayor Pro
Tern Debay and himself to the ad -hoc Appointments Committee. The
motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes: None
• Absent: None
Abstain: None
29. ENHANCED PARAMEDIC AND EMERGENCY TRANSPORTATION SYSTEM -
IMPROVEMENT OF ADVANCED LIFE SUPPORT BY UPGRADING ONE
ADDITIONAL FIRE ENGINE TO BE PARAMEDIC CAPABLE, USING OUR
EXISTING PARAMEDIC VANS TO PROVIDE ADVANCED LIFE SUPPORT
TRANSPORTATION, AND PROVIDING BASIC LIFE SUPPORT TRANSPORTATION
USING A CONTRACT AMBULANCE PROVIDER.
City Manager Murphy noted that the staff report contains a compilation
of the report for tonight as well as a compilation of the activity and
review by the Public Safety Committee,
Mr. Murphy explained that the proposal is to approve: 1) the use of two
existing two -man paramedic units to transport advanced life support
patients to the hospital; 2) the continued use of a contract agency to
transport basic life support (BLS) patients to the hospital; 3) the use of a
small portion of the new revenue generated by this proposal to upgrade
one firefighter per shift to a firefighter /paramedic position or a total of
three existing staff positions, which staff believes will improve the
paramedic response time from the current eight minutes to five minutes in
• 85% of all emergency medical calls; and 4) to create a new enterprise
fund to track program revenues and expenditures separate from other
general fund revenues and expenses. He explained that staff is
proposing this change in response to reductions in the city's revenues,
due to the economy and the state's shift of the city's property fax
revenues to schools to balance the state budget. He said that staff has
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INDEX
EDC (24)
Council Appt Comm
(24)
Ord 96 -20
EMS
Paramedic
(41)
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City Council Minutes
May 13, 1996
INDEX
aiso examinea areas wnere revenues couia oe Increasea To OTrser Tne
cost of fee related services. The City has had a city operated paramedic
program since the mid- 1970's, which today accounts for over 60% of all
fire department calls for service with nearly half of the calls to non -City
residents. In 1993 the City Council approved the paramedic fee and
• subscription program to offset the costs of the fire and emergency
medical services program. With this program the subscriber pays $42 per
year and non - subscribers would pay either $260 or $160 for either an ALS
(advanced life support) or a BLS level of response. The fee subscription
program generates $447,000 in revenue. He stated that many insurers
(including Medicare and Medi -Cal) will not provide reimbursement for
pre - hospital emergency care, such as the City's paramedic program. He
said that it is largely for this reason that staff is proposing to utilize the
existing two -man paramedic units to transport ALS patients to the
hospital, since the ALS patients today account for 1600 of the 2400
transports per year. He said staff is also proposing to contract for an
ambulance to transport the other 800 BLS patients after undergoing an
RFP process to obtain the lowest possible fixed price. After extensive
fiscal analysis staff has conservatively projected that this new
transportation program will generate an additional $474,000 per year
bringing the total revenue for the paramedic program to $921,000 per
year. The actual direct expenses of the program total $687,000, therefore
generating net revenue of $235,000. If the other existing city staff is
added in that supports the current and proposed program as overhead
costs to the paramedic program (the proportional costs of the Council,
Manager, City Attorney, or other administrative service related expenses)
the proposed program will still net the general fund $55,000 per year.
When the Council created the paramedic fee and subscription in 1993, a
portion of the new revenues were utilized to upgrade one firefighter per
• shift at the Corona del Mar station to a firefighter /paramedic position,
which gave the City a paramedic level trained firefighter at the fire
station where the City was at that time experiencing the longest response
times. With the proposal tonight, staff is proposing to upgrade one
additional firefighter per shift at the Mariners Station to a
firefighter /paramedic so the City can achieve an improvement in
providing advanced life support in five minutes or less 85% of the time. In
summary, Mr. Murphy stated that the City staff believes, based on the
long and extensive review of this proposal, that a new paramedic
transportation program will increase net revenues at the same time as
improving paramedic level response times. He indicated that he is sure
that Council will hear other peripheral issues, however noted that the City
staff does not have any hidden agendas and have just has one goal in
mind, to provide the highest level of municipal services at the lowest cost
to the taxpayers.
Sol Hamburger, 2186 Vista Entrada, spoke in support of the proposal and
described his own experience with emergency services. He said he
believes in out - sourcing except when it comes to police and fire
protection.
Barry Walshe, 300 E. PCH # 123, said it would be impossible to privatize
ambulance services, stressed the importance of response times and
noted that there are no privatized paramedics in Orange County.
• Dr. Eric Alcouloumire, Hoag Hospital, read a letter from the Medical
Director of the hospital in support of staff's proposal. He also addressed
the importance of faster response times.
Harold Jasper, 1218 Sand Key, CdM, stated that the proposal should not
be approved because of the unknown elements of the program.
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Jackie Heather, 1500 Dorothy Lane, spoke in support of the proposal and
urged the Council to support it as well.
Brian Ranger, 1890 S. Betmor Lane, Anaheim, MedTrans Ambulance, said
• he believes patient care is getting muddied with revenue. He said the
proposal is admiral, however he disagrees with the methodology. He said
MedTrans has provided alternatives to the City and questioned the timing
of this proposal. Chief Riley responded that it is staff's desire to start the
program in concert with the new fiscal year.
Dr. Richard Haskell, Cardiologist, Hoag Hospital, said that in emergency
situations time is of the essence and the difference between a five
minute and an eight minute response time is significant.
Jeffrey Stern noted that the City has phenomenal firefighters and the
speakers have addressed this proposal from a human side, not the
financial side. He explained that private ambulance companies can bid
on the basic life support services.
Steve Stafford pointed out that by having ambulance services as part of
the Fire Department it would save dispatchers having to call private
ambulance companies and they could all be dispatched at once.
Dr. Stephen Jennings explained that he is responsible for the student
athletes and, if needed, he would want paramedics on the scene within
five minutes. He said that if the program saves one life, it is worth it.
Tom Hyans, 217 19th St., said that the City cannot compete with private
• ambulance companies and noted that the average salary of a firefighter
is $96,000 per year. He submitted a letter for the record from Eugene
McCarthy urging firefighters from the area to show up at this meeting to
support the proposal.
Barry Zanck, 3714-1/2 Park Lane, asked the Council what the City would
do for the people who lose their jobs if this proposal is approved.
Byron DeArakal, Costa Mesa, asked what cost the City would be willing to
pay for lower response times. He said if cost is the issue, he challenged
the City to find an agency that gets 100% reimbursement from Medicare.
He noted that there is a declining 911 population and emergency room
visits are also on the decline.
Bruce Lloyd, 1826 Toyon Lane, commended Mayor Hedges for taking a
stand on this issue. He stated that the firemen make double the income
of most Orange County residents. He said government continues to get
bigger and staff is constantly being added.
Tom Sullivan concurred with Mayor Hedges and stated that socialism is
alive and well in Newport Beach. He stated that the issue is about
control, not about response times. He said that 25 firemen make over
$80,000 annually and their salaries will increase by steps of $17,000 if this
proposal is approved.
• Karen Behringer, 421 Serra Drive, CdM, asked why the City is proposing to
move backwards and questioned who would fund the lawsuits when the
additional risks are taken on.
Ron Hendrickson said the real risk is in taking over the ambulance service
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and suggested delaying that one year and establishing a partnership
with a private ambulance service.
Steve Sheldon, Public Affairs Consultant for MedTrans, said that they can
achieve the desired response time and they offered a compromise to
• form a partnership.
Dolores Offing, using charts, pointed out the projected revenues and
costs associated with the proposal.
Tom Hyans called for a point of order and stated that the speakers have
only been allowed four minutes to give their testimony. City Clerk Harkless
reported that the clock was possibly off by about 30 seconds.
Novell Hendrickson voiced concerns about the financing of the proposal
and the possibility of reserve funding being used or a utility tax being
assessed in the future to fund this program.
In response to Mr. Hyan's concerns about the public not being given the
proper amount of time to testify, the Council granted the speakers an
opportunity to address them for an additional minute. The following
speakers summarized their initial statements: Harold Jasper, Tom Hyans,
Tom Sullivan and Sol Hamburger.
Motion by Council Member O'Neil to:
Approve Phase One of the Fire and Marine Department proposal to
enhance the existing paramedic delivery system, begin advanced life
support transportation using existing paramedic units, and begin basic
• emergency ambulance transportation using a contract ambulance
provider selected through a competitive process;
Introduce Ordinance No. 96 -20, revisions to Chapter 5.14 of the Newport
Beach Municipal Code, that will allow the Fire and Marine Department to
deliver cost effective emergency ambulance transportation services as
part of a comprehensive Emergency Medical Services delivery system;
Direct the Fire and Marine Chief to revise the Fire Medics Paramedic
Membership Program to include emergency ambulance transportation
as part of the coverage for Fire Medics members: and
Direct the City Manager to develop a separate budget account to track
all advanced life support related expenditures and revenues as part of
the FY 1996/97 Budget.
Council Member Glover said that she feels the firefighters have been
maligned and caught in the middle of politics, ambition and ego and
she considers them to be an institution in life. She pointed out that two
years ago a similar proposal was made to the firefighters and they
weren't interested. She said this proposal is being driven by
management, not by the firefighters, and the plans have been laid out
for some time since equipment has been purchased in preparation for
this plan. She apologized to MedTrans and stated that she hopes they
• have not been maligned. She pointed out that government will never be
able to operate like a business because business has a bottom -line
mentality. She voiced concerns about this being proposed as a "pilot -
program since it is difficult to revert back to an old program if the pilot
program is not successful. She said she supports the proposal.
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Council Member Edwards spoke in support of the motion and stated that
he would opt for saving lives and noted that the issue is quality of life.
Mayor Pro Tern Debay stated that the key to this issue is the quality of
care and to try to put labels on it or politicize would be a mistake. She
• said the City can't afford to subsidize a private for -profit company by
arriving at the scene, stabilizing the victim and then turning them over to
a private ambulance company to transport. She said that the City is here
for service and she will hold the department accountable for the success
of the program. She spoke in support of having paramedics at every fire
station.
Following up on Council Member Glover's statement about the bottom -
line mentality that many businesses have as opposed to government,
which is a consuming entity, Mayor Hedges said that she left out the fact
that government has the unique ability to tax and to use police power.
In response to statements about duplication of services, he said that
possibly the services would not now be duplicated if government had not
gotten into the paramedic business to begin with. He explained that the
City is currently meeting the five minute response time 70% of the time
and the eight minute response time 97.5% of the lime. He said he has
never seen a government pilot program not become permanent after it
has been already established. He reiterated that a five minute response
is already being achieved 70% of the time and questioned how you get
to 85 %. Mayor Hedges made a substitute motion to require staff to
present to the City Council a plan to enhance paramedic response to
five minutes city -wide 85% of the time, using existing personnel
classifications, because if that is the issue at hand he would like to see
how the City is going to get to 85% using existing personnel classifications
• and improving the efficiency of existing operations using existing
personnel.
Council Member Watt spoke in support of the main motion and said that
the substitute motion is valid in concept, however the concept has
already been explored. She voiced concerns about some of the
statements that have been made and noted that government can have
a bottom -line mentality and that has been the direction it has been
going over the last four years. She said that the government has as an
advantage the ability to modify the bottom line as it applies to money
when it is a quality of life issue, and this is a quality of life issue, as well as a
fiscal issue.
The substitute motion died for lack of a second.
Mayor Hedges stated that it is apparent that the issue is not improved
response times, therefore he said he won't support the motion because it
seems that it is merely an effort to push a legitimate private enterprise out
of business for the benefit of government.
The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: Mayor Hedges
• Absent: None
Abstain: None
30. MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF
NEWPORT BEACH, THE IRVINE RANCH WATER DISTRICT AND THE ORANGE
COUNTY WATER DISTRICT REGARDING THE WETLANDS WATER SUPPLY
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IRWD (MOU)
(74)
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May 13, 1996
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PROJECT AND AN INTEGRATED REUSE ALTERNATIVE PROJECT.
City Attorney Burnham stated that a great deal of time has been spent in
the last four or five weeks working with IRWD in an effort to find an
alternative to the project proposed by IRWD to discharge reclaimed
water into San Diego Creek and the Upper Bay. He summarized the
•
IRWD project that is to be considered by the Regional Control Board on
the 20th which the City Council has opposed for six to seven months. He
said the project has two phases - the demonstration phase and the
permanent phase. The demonstration phase would last for a period of
two years and after successful completion, IRWD can go to the Regional
Board and get a permanent permit. Both phases involve the discharge
of approximately 5 million gallons a day of reclaimed water into duck
ponds and the subsequent discharge of that water into San Diego Creek.
Both phases contemplate that discharge occurring generally between
October 1 and March 31 (the wet times of the year). He said the he MOU
is designed to create an alternative to that project which would achieve
the objectives of IRWD, which is to reduce the amount of reclaimed
water and the amount of sewage that they currently send to CSDOC and
to create a habitat for waterfowl in reconfigured duck ponds that are
southerly and westerly of their water reclamation plant. Mr. Burnham
explained that the MOU has a number of components. The first
component is the construction of a portion of the Green Acres Phase II
line (the water line that would bring reclaimed water to the City of
Newport Beach). Another component is the construction of a pipeline
from the Irvine Ranch Water District Water Reclamation Plant down to
connect with the Green Acres facility. A third component is the
construction of a diversion structure in San Diego Creek that will allow
IRWD to divert water from the creek into the marsh and duck ponds and
then back into San Diego Creek. He said there is also a component that
•
requires agreements between OCWD, CSDOC and IRWD whereby the
IRWD would have the right to transmit 7.8 million gallons a day of
reclaimed water to OCWD during the period that they would otherwise
discharge that into the ponds and the creek. The MOU also establishes a
phasing plan. The project is designed to begin under the current permit
application on October 1, 1996 with some baseline monitoring to begin
this summer. The MOU would defer the onset of the demonstration phase
to October 1, 1997 if the City obtained end user agreements with major
purchasers of reclaimed water in the City. As of October 1, 1997, no
discharge of reclaimed water into the creek or bay would be permitted if
all these components were in place and operational. If some of the
components were in place so that IRWD could send some water to
OCWD then the amount of water discharged in the creek and bay would
be reduced and that scenario would repeat again on October 1, 1998.
One advantage and one provision of the MOU is if this alternative is in
place then IRWD has the right to take all of their excess winter time supply
of reclaimed water and deposit it into OCWD's facilities and there would
be no discharge of reclaimed water at any time into the creek or bay.
There are also provisions in the MOU that require cooperation between
the entities to improve bay water quality and reduce the amount of
nutrients going into San Diego Creek from the pond. Finally, the City
would be obligated to pay 100% of the legal costs associated with a
lawsuit filed against the project or any of these components by a citizen
of Newport Beach, 50% of the legal costs associated with a challenge
•
filed by someone who is not a citizen.
Council Member Glover voiced appreciation to City Attorney Burnham
and City Manager Murphy, as well as IRWD, OCWD and the Orange
County Sanitation District, for their work on this proposal,
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Motion by Council Member Glover relative to the proposed MOU
between the City, IRWD and OCWD as follows:
1. The City Council supports the concept of an MOU and subsequent
• formal agreement between the parties.
2. The City Council believes that concerns expressed about the issuance
of a permit prior to final action on the formal agreement are valid in
light of the limited opportunity for public review of the proposed MOU,
the complexity of the MOU, and the large number of public and
private entities interested in the issues. Accordingly, the City Council
could not support unconditional issuance of a permit by the Santa
Ana Regional Water Quality Control Board prior to execution of a
formal binding agreement among the parties;
3. The City Council is comfortable with many aspects of the current draft
of the MOU including the following:
a. The desire of the parties to work to achieve the objectives of the
Wetland Water Supply Project;
b. The financial and other commitments of the City necessary to
facilitate completion of Phase II of Green Acres;
c. The financial and other commitments of the City necessary to
ensure that OCWD has the capability to use or lawfully dispose of
all of IRWD's excess reclaimed water;
• d. Establishing reasonable deadlines for completion of the Interne
and Green Acres Phase II;
e. Supporting the concept of a permanent San Diego Creek
diversion structure as a means of irrigating the waterfowl habitat
and mitigation areas, with the understanding that every
reasonable effort should be made by IRWD and the City to protect
the interests of nearby property owners;
f. Supporting the concept of allowing reclaimed water to be used to
irrigate the marsh to the extent other sources are inadequate so
long as discharges into San Diego Creek and the Bay are limited
to sources other than reclaimed water;
g. Supporting the Marsh Enhancement Plan and the City of Irvine's
efforts in that regard consistent with this motion;
h. Working cooperatively with IRWD, OCWD and all other Interested
parties to improve the marsh, enhance water quality in Newport
Bay and to protect the Upper Newport Bay Ecological Reserve;
and
I. Paying all costs and expenses associated with any legal
challenge to those components for which the City is solely
• responsible.
4. The City Council is not currently supportive of certain provisions in the
MOU including the following:
a. The requirement that a permanent diversion structure be in place
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INDEX
and operational as a condition to deferral of reclaimed water
discharges;
b. The requirement that the City be the lead agency for the structure
and the current uncertainty regarding our funding commitments in
• that regard;
c. The requirement that the City pay for all or a portion of attorney
fees and costs occasioned by lawsuits or administrative
challenges by Newport Beach residents, groups or third parties
over which the City has no control.
5. Direction to staff to meet with IRWD and OCWD representatives in an
effort to resolve these issues prior to May 20, 1996.
Jack Skinner stated that he was hopeful of a permanent solution and
feels any temporary solution is not acceptable. He voiced concerns over
the aspects of the MOU that makes the City responsible for the planning,
the legal fees and the proposed time frame. He asked if the MOU would
make it impossible for citizens to present their concerns about the issue.
Bob Caustin, Defend the Bay, voiced concerns about IRWD obtaining a
permit, the City becoming sanitary engineers for the City of Irvine, and
the removal of support for Marilyn Brewer's bill opposing the dumping of
the water into the bay.
Philip Arst, 2601 Lighthouse Lane, distributed information to Council, and
pointed out that this is a very profitable project for IRWD since they will
save $2.8 million in charges from CSDOC. He explained that in the
• document distributed there are a dozen negotiating points for the City to
use.
Mr. Norris noted that there are some points in the MOU that are ridiculous
and the public is steadfastly against IRWD's proposal.
Pursuant to a friendly amendment by Council Member Edwards, the
following point was added as 4(d) to the motion (the list of items Council
is not currently supportive of):
4. d. The requirement that the City withdraw support for AB 3344
(Marilyn Brewer's bill).
Council Member Waft explained that if the motion passes, the City will
request that the regional board work with the City to implement the
permit coincidental with finalization of an agreement. She suggested
that the regional board meeting proceed and public testimony be
allowed.
City Attorney Burnham explained that the City's plan is to meet with IRWD
and OCWD representatives on Tuesday morning to review some of the
issues that are of concern to the Council and hopefully iron out those
issues and schedule a special meeting of the Council before the May
20th hearing of the Regional Water Quality Control Board. If the City
• doesn't have an agreement that the Council can approve prior to that
time, then the City will oppose the project on the 20th consistent with
written information that has already been provided to the board. He
reminded them and the public that the City Council does not have
jurisdiction over the IRWD project and is limited to opposing permits that
are necessary to implement the project, most important of which is one
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City Council Minutes
May 13, 1996
that may be granted by the Regional Water Quality Control Board on the
20th of May. He said the City is trying to reach an agreement before the
Board reaches a decision on the permit application.
The motion, including the friendly amendment, carried by the following
• roll call vote:
Ayes:
O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes:
None
Absent:
None
Abstain:
None
31. APPEAL OF TILY B dba MERMAID.
City Manager Murphy explained that the City has taken actions to revoke
one of the permits for the Mermaid in operation on MacArthur Boulevard
and has also rejected an application for a renewal of one of the
operating permits. Based on those actions, the owner and operator of
the facility has appealed those actions to the City Council. He said it is
being recommended that the City Council authorize him to appoint a
hearing officer, acceptable to both the City and the appellant, to
conduct the hearing and to put together a hearing transcript to be
presented to the City Council in lieu of probably several hours of
testimony before the City Council. He said the City Attorney has
recommended this process on other issues and has found it to be pretty
successful.
Motion by Mayor Hedaes to authorize the City Manager to appoint a
hearing officer, acceptable to the appellant and the City, to conduct a
• hearing on the Tily B appeal and return the transcript of the hearing
along with the findings and recommendations of the hearing officer to
the Council for final determination on June 10, 1996.
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes: None
Absent: None
Abstain: None
32. ECONOMIC DEVELOPMENT COMMITTEE VACANCIES:
Motion by Mayor Hedges to appoint Michael Porter as the Cannery
Business District representative to replace Marie Schack and Ralph
Rodheim as the Community Marketing Representative to replace Harold
Parker. The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges
Noes: None
Absent: None
Abstain: None
MOTION FOR RECONSIDERATION - None
•ADJOURNMENT IN MEMORY OF TRACY WOLONSKY AND HARRY MERRILL - 5:00
p.m., Thursday, May 16,1996; Tuesday, May 28, 1996 - 5:00 p.m. (Closed Session)
and 7:00 p.m. (Regular Meeting)
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Tily B Mermaid (33)
EDC
(24)
City of Newport Beach
City Council Minutes
May 13, 1996
The agenda for this meeting was posted on May 8, 1996 at 4:42 p.m. and the
supplemental agenda was posted on May 10, 1996 at 3:20 p.m. on the City Hall
Bulletin Board outside of the City of Newport Beach Administrative Building.
•
Attest:
dity Clerk
•
•
Mayor
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