HomeMy WebLinkAbout01/12/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 12, 2010 — 7:00 p.m
I. STUDY SESSION - 3:80 p.m.
II. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation (Government Code §
54956.9(a)): Eleven matters:
1. Group Homes Matters: Five matters all arising out of the Group Homes
litigation brought against the City, as follows:
a. Cross -Claim Against Morningside Recovery as the only
remaining portion of the Concerned Citizen's v. City of
Newport Beach, U.S. District Court Case No. SACV 08- 00192 -JVS
(R.NBx)
b. Sober Living By The Sea v. City of Newport Beach, U.S. District
Court Case No. SACV 08 -00200 JVS (RNBx)
C. City of Newport Beach v. Morningside Recovery, Orange County
Superior Court Case No.07CC11694
d. Pacific Shores v. Newport Beach, U.S. District Court Case No.
SACV 08 -00457 AG (PLAx)
e. Newport Coast Recovery v. City of Newport Beach, U.S. District
Court Case No. SACV 09 -0701 DOC (ANx);
2. Group Homes Matters: Six matters all arising out of the Group Homes
investigation brought against the City, as follows:
a. Pacific Shores v. Newport Beach - U.S. Dept. of Housing &
Urban Development Investigation No. 09 -08- 0592 -8
b. Newport Coast Recovery v. City of Newport Beach - U.S. Dept.
of Housing & Urban Development Investigation No. 09 -09- 0713 -8
C4 Paul Murdoch v. City of Newport Beach - U.S. Dept. of Housing
& Urban Development Investigation No. 09-09- 0831 -8
d. The Kramer Center v. City of Newport Beach - U.S. Dept. of
Housing & Urban Development Investigation No. 09- 09- 0833 -8
e. Oxford House v. City of Newport Beach - U.S. Dept. of Housing
& Urban Development Investigation No. 09 -09- 0830 -8
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f. Yellowstone v. City of Newport Beach - U.S. Dept. of Housing &
Urban Development Investigation No. 09- 09- 0834 -8
B. Conference with Real Property Negotiator (Government Code § 64956.8):
Three Parcels of Real Property:
1. Property: 608 E. Balboa Boulevard - City Negotiator: Sharon Wood -
Negotiating Parties: Levon Gugasian - Under Negotiation: Consideration of
acquisition of property
2. Property: Access Road to Sunset Ridge Park - City Negotiators: Ed
Selich, Steve Rosansky and David Webb - Under Negotiation: Acquisition of
easement for access to proposed Sunset Ridge Park
3. Property: Coast Highway in Front of China Palace Restaurant - City
Negotiator: Sharon Wood and David Webb - Negotiating Party: Jack Mau -
Under Negotiation: Acquisition of Public Right of Way for PCH Expansion
C. Conference with labor negotiators (Government Code § 64957.6):
Agency Designated Representatives: Bill Avery of Avery & Associates and Terri
Cassidy, Human Resources Director
Employee Organization: Multiple Newport Beach associations- Lifeguard
Management Association (LMA), Newport Beach Firefighters' Association (NBFA),
Police Management Association (PMA), Police Employees' Association (PEA) and
Fire Management Association (FMA)
D. Public Employee Performance Evaluation (Government Code § 64967(b)
(1)): The City Council will meet in closed session to consider the appointment,
employment, evaluation of performance, discipline, or dismissal of two public
employee(s).
1. Titles: city Clerk; City Attorney; and City Manager
III. ER CESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT - No reportable action.
VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Henn
VIII. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society
DL PRESENTATION
State and National Library Awards Presentation - Library Director Cowell provided a
PowerPoint presentation relative to the Corona del Mar Branch Library that included the
California Library Association Performance Recognition Excellence Award for 50 years of
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service, the library's public relations goals, revitalization of the Corona del Mar branch, the
Golden Memories website, scrapbook, and anniversary VIP reception. She discussed
the children storytime program and other library programs, media coverage, and what's in
store for the future. She thanked Council, presented the Certificate of Recognition to Mayor
Curry, and noted that the community is using all library facilities.
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED. ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR
REPORT (NON- DISCUSSION ITEM)
In response to Council Member Daigle's question, City Attorney Hunt provided an update on
the nuisance litigation, notices, and agreements relative to the property on Coast Highway
and Dover. He stated that some of the lots are in the process of being sold.
Council Member Selich provided information from the 1954 budget and highlighted the pay
scale for some of the staff positions.
Mayor Curry announced that Restaurant Week will be held January 22 - 28 and encouraged
residents to participate. He also announced that on Saturday, a goal setting session was
conducted in order to set the City's 2010 priorities.
XIL CONSENT CALENDAR
A. READING OF 40NUTESIORDINANCES AND RESOLUTIONS
i. MINUTES OF THE ADJOURNED REGULAR MEETING OF
DECEMBER 2, 2009 AND THE REGULAR MEETING OF
DECEMBER 8, 2009. 1100 -20101 Waive reading of subject minutes,
approve as written, and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct the
City Clerk to read by title only.
B. ORDINANCE FOR ADOPTION
3. COST RECOVERY ORDINANCE (CHAPTER 8.86). (100 -20101 Adopt
Cost Recovery Ordinance No. 2009 -32, amending Chapter 3.36 of the
Newport Beach Municipal Code.
C. RESOLUTION FOR ADOPTION
4. A TEMPORARY EXTENSION OF THE LENGTH OF TIME
PERMITTED FOR THE DISPLAY OF PROMOTIONAL TEMPORARY
BANNERS. 1100-20101 Adopt Resolution No. 2010 -1 allowing businesses to
display promotional temporary banners for 120 days per calendar year
through December 31, 2010.
D. CONTRACTS AND AGREEMENTS
6. PLAYGROUND RESILIENT SURFACE RENOVATION - APPROVAL
OF CHANGE ORDER FOR CONTRACT NO. 4228. 1281100 -20101 a)
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Authorize the Public Works Director to raise the percentage change order
allowance to 45 percent and approve Change Order No. 2 in the amount of
$19,889.10, which provides for the replacement of resilient playground
surface at Peninsula Park; and b) approve Budget Amendment No. BA10-
026 transferring $6,000.00 from General Fund Account No. 7015- C4002004
(Eastbluff Park Playground Equipment) to ADA Playground Resurfacing &
Accessibility Improvements Account No. 7015- C4002008.
7. OASIS SENIOR CENTER - AUDIO & VISUAL SYSTEMS AWARD OF
CONTRACT NO. 4414. [381100 -20101 a) Approve the project plans and
specifications; b) award Contract No. 4414 to Cibola Systems for the total
bid price of $241,562.00 and authorize the Mayor and the City Clerk to
execute the contract; and c) establish a construction contingency amount of
$24,438.00, approximately 10 percent, to cover the cost of unforeseen work.
8. APPROVAL OF SOLE SOURCE PURCHASE FOR OUTDOOR
FURNITURE AT THE OASIS SENIOR CENTER (C- 4450). [38/100-
20101 Approve a sole source purchase from Outdoor Design Studio to supply
the newly constructed OASIS Senior Center with outdoor furniture in an
amount not to exceed $76,174.00.
9. AUTHORIZATION TO RETAIN TOM ROSSMILLER (RETIRED
EMPLOYEE) ON A PART -TIME BASIS (C-4034).[38,/100-20101
Authorize the City Manager and City Clerk to execute Amendment No. 1 to
the Professional Services Agreement for part -time work associated with
Newport Bay for a not to exceed cost of $23,000.
10. AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS
WITH CONSULTING FIRMS PROVIDING SERVICES RELATED TO
NEWPORT BANNING RANCH DEVELOPMENT (C -4168) (C -4163) (C-
4033) (C- 4687), [38 1100 -20101 Receive and file.
11. HARBOR PATROL MOORING ADMINISTRATION - INTERIM
MONTH TO MONTH AGREEMENT WITH ORANGE COUNTY
SHERIFF'S HARBOR PATROL (C- 2241). [381100 -20101 Authorize the
City Manager to extend the Harbor Patrol contract for mooring
administrative services on a month -to -month basis for $24,166.67 per
month.
E. MISCELLANEOUS
12. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT
COMMITTEE. [100 -20101 a) Appoint David P. Hsiang to fill the At -Large
vacancy; and b) appoint Kimberly A. Van Natta to fill the Fashion
Island/Newport Center vacancy.
13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE
CROWLEY FAMILY FOUNDATION FOR LIBRARY SERVICES AND
APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS
BUDGET FOR FY 2009/10. [100 -20101 Approve Budget Amendment No.
10BA -023 to increase revenue estimates by $7,500 in Account No. 4010-
5901, (Private Donations and Contributions) and to increase expenditure
appropriations in 4093 (Designated Gifts) accounts by the same amount due
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to the receipt of funds from the Crowley Family Foundation.
14. APPOINTMENTS BY THE MAYOR TO THE COUNCIL/CITIZENS AD
HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES,
AND THE CITIZENS ADVISORY COMMITTEES. [100 -20101 Confirm
the appointments outlined in the staff report. ,
15. CITY WIDE STREET SWEEPING: REQUEST FOR PROPOSAL. [100-
20101 a) Approve the Street Sweeping Request for Proposal (RFP) document
for distribution to the list of contractors on file with the General Services
Department; and 'b) authorize staff to return to Council with a
recommendation on how street sweeping services are to be provided and a
selected firm, if appropriate.
16. CIVIL SERVICE BOARD'S RECOMMENDATIONS AFTER
COMPLETION OF THE POLICE MANAGEMENT ASSOCIATION'S
REQUEST OF AN INVESTIGATION INTO THE PROMOTIONAL
PROCESSES OF THE POLICE DEPARTMENT. [100 -20101 a) Accept
the recommendations of the Civil Service Board as set forth in Civil Service
Board Resolution No. 2009 -02 from its December 7, 2009 meeting; and b)
direct staff to present the recommendations to the Charter Update
Commission for consideration of Civil Service System modernization.
17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM
CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR
LITERACY SERVICES FOR FISCAL YEAR 09110. [100 -20101 Approve
Budget Amendment No. IOBA -027 to increase expenditure appropriations
by $11,644 in Division 4060, Literacy, and to increase revenue estimates for
the same amount in Account
No. 4010 -4832, California Library Literacy Services.
521, EARLY RETIREMENT INCENTIVE. [661100 -20101 a) Approve Budget
Amendment No. IOBA -024 reducing department operating budgets by
$1,850;000 and increasing fund balance by $1,850,000 to recognize Fiscal
Year 2009 -10 savings associated with the Early Retirement Incentive
Program (ERIP); b) approve Budget Amendment No. IOBA -025 increasing
expenditures in the Compensated Absence fund by $938,520 from
unappropriated Compensated Absence Fund Balance to provide funding for
the Early Retirement Incentive Program for FY 2009 -10; and c) approve
annuitization of the ERIP program through Pacific Life and delegate the
City Manager to approve and execute implementing documents.
Council Member Daigle noted that the City submitted a revised Eelgrass Management Plan
to the Federal Government (Item 9).
Regarding Item 14, Council Member Gardner stated that the Task Force on Green
Development should be removed from the list because the Committee has sunsetted. Mayor
Curry announced that Ken Drellishak will be reappointed for a short -term as the Chair of
the Environmental Quality Affairs Committee (EQAC).
Regarding Item 15, Council Member Rosansky clarified that the Request for Proposal (RFP)
for street sweeping is bi- weekly.
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Regarding Item 4, Mayor Pro Tem Henn noted that the Economic Development Committee
(EDC) initiated the relaxed requirement for posting banners to allow flexibility for business
promotions. Regarding Item 11, he noted that the City will be looking at RFPs for mooring
services because of the increase in fees the City had incurred from the Orange County
Sheriffs Department.
Motion by Mayor Pro Tem Henn, seconded bv_CounciI Member Rosansky to approve
the Consent Calendar, except for the items removed (5 and 18); and noting the correction to
remove the Task Force on Green Development from Item 14.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
IOII. ITEMS REMOVED FROM THE CONSENT CALENDAR
5. BAYVIEW WAY - ENCROACHMENT OF NONSTANDARD
IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY. 1100-20101
In response to Council Member Gardner's question, Public Works Director Badum
stated that there will be six time- limited spaces that will only be used for coastal
access. Assistant City Manager Wood stated that there is no loss of parking spaces.
Motion by Council Member Gardner, seconded by Council Member Webb to
a) approve the applicant's request to install, maintain an use non - standard
improvements which include, but are not limited to, in
striping, traffic
delineators,, temporary directional signage, vehicle staging, valet operations, shuttle
vehicle drop -off and pick -up and other appurtenances within the Bayview Way right -
of -way adjacent to 3300 Jamboree Road; and b) authorize staff to execute an
encroachment permit and. encroachment agreement for the non - standard
improvements in the public right - of-way on Bayview Way adjacent to 3300 Jamboree
Road.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
18. CHARTER UPDATE COMMISSION: APPOINTMENT OF AD HOC COUNCIL
SUBCOMMITTEE TO REVIEW APPLICATIONS. (100 -20101
Mayor Curry stated that 14 applications were received and noted that the
Committee decided to advance all applications to Council. Council will appoint the
seven members at the January 26 meeting. He directed the City Attorney to bring
back to Council a resolution that would provide meeting flexibility.
Motion by Mayor Curry, seconded by Council Member Webb to approve the
Mayor's appointment of Mayor Curry, Council Member Webb, and Council Member
Selich to the Ad Hoc Subcommittee to review the Charter Update Commission
applications.
The motion carried by the following roll call vote:
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Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Henn welcomed David Hsiang and Kim Van Natta to the EDC. He stated
that Gary Sherman of Visit Newport Beach provided a report to the Economic Development
Committee (EDC) that showed a consistent recovery in hotel business since June.
XV. PUBLIC COMMENTS - None
XVI. PUBLIC HEARINGS
19. MEGONIGAL RESIDENCE (PA2007 -133) - 2333 PACIFIC DRIVE -
MODIFICATION PERMIT NO. MD2007 -080. (68/100 -20101
Senior Planner Campbell provided the staff report and a PowerPoint presentation
that included the topography and photos. He noted that staff prepared an
Environmental Impact Report (EIR), indicated that Council will need to decide if the
project has a significant impact on public views, and stated that staff recommends
that Council certify the EIR.
In response to Mayor Pro Tem Henn's question, Senior Planner Campbell verified
that the EIR is paid for and managed by the City, but is refunded by the
applicant. He clarified that the view simulation in the report is not accurate, but the
simulation included in the PowerPoint is the correct simulation.
City Attorney Hunt provided the background for certifying an EIR, Council's role in
the process, the standards from a legal perspective, and the nature of substantial
evidence.
Kim Megonigal, applicant, provided a history of the process that he has gone
through to get the project approved by the Planning Commission and noted that he
has done everything that the City has asked him to do. He urged Council to
approve the project and thanked Council for their consideration.
David Olsen, architect, showed a video depicting the area, photos, zoning, schemes,
and history of the project.
Mayor Curry opened the public hearing.
Kent Jaggers provided a petition against the plan and expressed concern that the
project obstructs the public's view. He believed that the home should conform to the
General Plan and suggested that the plans be changed to move the garage entrance
to Bayside Drive.
Michael Gayner expressed support for the project.
Ann Boldersten provided photos of the current view and hoped that the City would
provide a solution.
Dan Spletter believed that the home will obstruct views from the park.
Walter Kruttenan believed that the applicant should be required to relocate the
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garage and suggested other solutions relative to the home. He provided photos and a
copy of an existing encroachment agreement that could be used as another option for
the garage and driveway.
Dewain Campbell expressed support for the plans.
Katy Tackes expressed concern that not abiding by the General Plan will set
precedence and believed that the value of homes in the area will be impacted.
Karen Fleming expressed concern that the views will be impacted and the value of
homes in the area will decrease. She suggested that the garage be moved to a
location that would not impact views.
Tom Takus expressed concern about the view impact and asked Council to protect
the community.
John Clark expressed concern about the view impact and urged Council to consider
other alternatives.
Larry Tucker expressed support for the project and noted that the Planning
Commission unanimously approved the project. He discussed the General Plan and
Land Use designations.
Scott Plesimorez expressed concern that the view impact is significant and urged
Council to accommodate the current residents.
Julie Sherwin indicated that she hoped that there is a way to compromise and
believed that the Planning Commission's decision is based on judgment.
Jeff Woodman expressed concern that the view will be impacted and asked Council
to consider the concerns of the residents.
John Schaefer believed that the park is not used much and indicated that only a
small number of residents are impacted. He urged Council to make a decision
quickly-
Mark Simon believed that some views will he entirely lost and asked for a
compromise.
Laura Catalino expressed support for the project.
Robert San Miguel expressed support for the project.
Joanne Sweig believed that the applicants should compromise.
Suzanne Kai expressed concern that the view will be obstructed.
Ken Logan believed that an alternative plan should be considered.
Peter Gunderson suggested that Council approve the project.
Kelly Neff believed that Council should abide by the General Plan and asked Council
to consider alternatives to protect land use rights.
Hearing no further testimony, Mayor Curry closed the public hearing.
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Mr. Megonigal stated that the park will still have a view and emphasized that his
plans comply with the General Plan. He urged Council to allow him to build his
house as planned.
Senior Planner Campbell noted that the view from Begonia Avenue is not protected
by the General Plan, stated that lower access from Begonia is considered as a less
safe alternative, indicated that the house will not meet all of the applicant's
objectives, and believed that the entire view is not significantly obstructed. He also
verfied that, although the view from the park bench on Begonia Avenue is
approximately 35% obstructed, the percentage of view obstruction is less when
viewed from the other vantage points in the park.
In response to Council Member Rosansky's question, Senior Planner Campbell
explained that the project went through the Planning Commission process because
of the potential impact to the public views and because it is considered a
discretionary project. He indicated that Council Policy K -3 authorizes the project to
be considered a discretionary project and is subject to environmental review.
Assistant City Manager Wood reminded Council that they can certify the EIR
without approving the project.
In response to Mayor Pro Tem Henn's questions regarding alternatives, Senior
Planner Campbell stated that the applicant would have to use the existing driveway
or a separate driveway on Bayside Drive, but that was deemed unsafe and the
bluff would need to be graded in order to build the basement level. Further, it would
be difficult to install an elevator and stated that he is not sure that the applicant
will get the same view. Public Works Director Badum stated that City Traffic
Engineer Brine found that having the driveway on Pacific Drive is safer. He
indicated that the existing driveway is built with an encroachment agreement and
stated that the driveway will need to have enough space to allow the
applicant enough of a turning radius to advance into the garage. He provided a
sketch that showed an alternative, but pointed out that it would take some of the
park away.
In response to Council Member Webb's question, Public Works Director
Badum stated that the driveway can be realigned if park land is given up
and reiterated that Pacific Drive is safer than Bayside Drive. Council Member
Webb believed that the view is of great significance and stated that if access from
Bayside Drive can be retained, then that is the direction Council should go.
In response to Mayor Pro Tem Henn's question, City Attorney Hunt stated that
the General Plan does not require Council to prevent any view impairment and
indicated that would be a CEQA issue. He noted that there is substantial evidence
on both sides of the issue and advised that Council can consider the entire impact of
the view, including from various vantage points.
City Attorney Hunt assured Council that they would not be taking away. any private
property rights and indicated that Council could certify the EIR to change the
finding, certify the EIR to be complete, or deny the project which will force
the applicant to come up with an alternative solution or abandon the project.
Council Member Gardner stated that the General Plan refers to public
views, indicated that only one vantage point should be considered, and believed that
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30% view impact is significant
Council Member Selich believed that the project will not significantly impact views
and commended the Planning Commission on their work to mitigate the project.
Council Member Daigle concurred with Council Member Selich.
Mayor Curry expressed appreciation for resident comments, stated that the
other alternative was deemed unsafe, believed that the current plan is appropriate,
and proposed that the applicants be allowed to build a home on their property.
Mayor Pro Tem Henn reiterated that access from Bayside Drive is not safe,
indicated that the General Plan. also preserves the entitlement of people who own
property to use it and enjoy it, and believed that the view impairment does not rise
to a level of significance to invalidate the project.
Motion by Council Member Selich. seconded by or Pro Tem Henn to a)
adopt Resolution No. 2010 -2 certifying the Megonigal Residence Environmental
Impact Report (SCH #2009051043) and adopting a Mitigation Monitoring and
Reporting Program; and b) adopt Resolution No. 2010 -3, approving Modification
Permit No. 2007.080 subject to findings and conditions.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Daigle
Noes: Council Member Webb, Council Member Gardner'
XVII. CURRENT BUSINESS
20. RESOLUTION NO. 2010 -4: FISCAL SUSTAINABILITY PLAN.
Mayor Curry stated that Council discussed the Fiscal Sustainability Plan on
Saturday, January 9. He noted that the City will be managed appropriately and
indicated that there are 15 principles that address preserving economic and fiscal
stability, living within the City's means and not drawing down reserves, and
managing the community better. He commended City Manager Kiff for outlining
the information and Council Member Gardner commended Mayor Curry
for proposing the document.
City Manager Kiff asked that the resolution be amended to change the number of
principles from 14 to 15 and change Facilities Replacement Plan to Facilities
Financing Plan.
Motion by Council Member Gardner, seconded by Council Member Webb to
adopt Resolution No. 2010 -4 relating to a Fiscal Sustainability Plan for the City of
Newport Beach.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
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XVIII. MOTION FOR.RECONSIDERATION - None
XIV. ADJOURNMENT - Adjourned the meeting at 9:82 p.m. in memory of Oral Roberts,
Roy Disney, Nancy Bergeson, Bill Grundy, George Bissell, and Harriet Weider.
The agenda for the Regular Meeting was posted on January 6, 2010, at 5:00 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building. The supplemental agenda for the Regular Meeting was
posted on January 8, 2010, at 4:15 p.m. on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration Building.
44�
City Clerk
e rdin ecretary
Mayor
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