HomeMy WebLinkAbout07/24/2012 - Regular MeetingI'l 11161' all Al
City Council Minutes
Regular Meeting
July 24, 2012 — 7:00 p.m.
- 4:30 p.m.
II. CLOSED SESSION - 5:40 a.m.
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Agency Designated Representatives: Dave Kiff, City Manager, and Terri Cassidy,
Human Resources Director, Negotiators
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport
Beach Employees League (LABEL); Newport Beach Firefighters Association (NBFA);
Newport Beach Fire Management Association (NBFMA); Lifeguard Management
Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach
Police Association (NBPA); Newport Beach Police Management Association (NBPMA);
Newport Beach Professional and Technical Association (NBPTEA)
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Harp announced that there was no reportable
action
VII. PLEDGE OF ALLEGIANCE - Council Member Henn
VIII. INVOCATION - Pastor Bob Brogger, Mariner's Church
IX. PRESENTATION -None
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-
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Mayor Pro Tem Curry reported that be represented the City at the Orange County Taxpayers' Annual
Awards Dinner and that the City was nominated for a Taxpayer Award for the City's Park
Management and Administration because of the savings to the City and due to revenue recovery
through the use of credit cards to pay for parking. He reported that he attended a reception by the
Balboa Theater where residents are working to raise funds to renovate the theater, attended a Concert
in the Park Event sponsored by the City Arts Commission and reported that the next concert will be at
Bonita Canyon Park on August 5, 2012; and attended a bike- kickoff event by Bike Nation in the City of
Anaheim, noting the possibility of implementing such a program in Newport Beach. He noted that the
State waived requirements for local governments to administer the Brown Act, stating that the
requirement for posting agendas, by law, has been removed; reported that he sits on the Board for the
Association of California Cities and that the Board recommended that cities continue to follow the
Brown Act irrespective of the Legislature's direction; and requested that a resolution be brought to
Council reaffirming that the City will follow the requirements of the Brown Act irrespective of them
being waived by the Legislature.
Council Member Rosansky welcomed Carl Alford, Boy Scout Troop 90, who is trying to fulfill badge
requirements for citizenship in the community.
Council Member Daigle reported that the Balboa Yacht Club hosted the Governor's Cup competition
and reported that there was an appearance by the America's Cup winners that was arranged by local
sailor, Andy Rose. She reported that next year, the competition will be in San Francisco; and addressed
improvements in technology and boats. Regarding the 19th Street Bridge, she reported that the City is
nearing completion of the Jamboree Road Bridge and that the 19th Street Bridge will probably be
eliminated from the map in November. She requested an update on current studies.
Council Member Henn reported that the Neighborhood Revitalization Committee's next meeting will be
on August 9, 2012 in the Council Chambers at 4:00 p.m. The Committee will be considering a
governance structure that will carry out the recommendations adopted for the revitalization for Balboa
Village; as well as an update on the resident parking permit survey.
Mayor Gardner reported that the Orange County Sanitation District and the Orange County Water
District are hosting a Community Open House on Saturday, July 28, 2012 from 10:00 a.m. to 2:00 p.m.
at their facility in Fountain Valley.
City Manager Kiff announced that Finance Director McCraner will be leaving the City for a job in her
home town of San Diego. In addition, he announced the retirement of Assistant City Manager Smith,
and wished them both well.
XIL CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE JULY 10, 2012 STUDY SESSION AND REGULAR MEETING.
[100 -20121 Waive reading of subject minutes, approve as amended and order filed.
Council Member Daigle abstained from this item since she did not attend the July
10 meetings.
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.
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B. RESOLUTION FOR ADOPTION
3. REMOVAL OF PARKING RESTRICTIONS ON BALBOA BOULEVARD BETWEEN
15TH STREET AND 19TH STREET. [100 -2012] a) Rescind Resolution 95 -121; and b)
adopt Resolution No. 2012 -61 removing existing parking restrictions on the northerly side
of Balboa Boulevard, between 15th Street and 19th Street, between 9:00 a.m. and 6:00
p.m. on Saturdays and Sundays, between May 15 and September 15, Memorial Day, July
4, and Labor Day.
C. ORDINANCE FOR INTRODUCTION
4. MUNICIPAL CODE AMENDMENT TO EXEMPT COMPLIMENTARY HOTEL
ROOMS FROM TRANSIENT OCCUPANCY TAX AND VISITOR'S SERVICE FEE
AND GENERAL TERMINOLOGY CLEAN UP. [100 -2012] Introduce Ordinance No.
2012 -18 amending AT13MC Sections 3.16.040 and 3.28.035 to exempt complimentary hotel
rooms from TOT and VSF, and amending Sections 3.16.020, 3.16.030, 3.16.040, 3.16.050,
3.16.060, 3.16.070, 3.16.075, 3.16.085, 3.16.090, 3.16.110, 3.16.120, 3.16.140, 3.28.010,
3.28.035, 3.28.050, 3.28.055, 3.28.060, 3.28.070 and 3.28.085 to reflect the terminology
change from "Administrative Services Director" to "Finance Director," and pass to second
reading on august 14, 2012.
D. ORDINANCES FOR ADOPTION
5. AN ORDINANCE ADOPTING AFFORDABLE HOUSING AMENDMENT FOR
NEWPORT PLACE PLANNED COMMUNITY LOCATED WITHIN THE AREA
BOUNDED BY MACARTHUR BOULEVARD, JAMBOREE ROAD, BIRCH
STREET, AND BRISTOL STREET NORTH (PA2011 -215). [100 -2012] Conduct a
second reading and adopt Ordinance No. 2012 -14 approving Planned Community
Development Plan Amendment No. PD2012 -005 and finding that all significant
environmental concerns for the proposed Amendment have been addressed in a previously
adopted negative declaration for the Newport Beach 2008 -2014 Housing Element Update
(SCH No. 2011091088).
6. SECOND READING - ORDINANCE 2012 -15 DESIGNATING VERY HIGH FIRE
HAZARD SEVERITY ZONE (VHFHSZ) IN THE CITY OF NEWPORT BEACH. [100-
2012] Conduct second reading and adopt Ordinance No. 2012 -15 designating VHFHSZ
within the City of Newport Beach.
Mayor Pro Tem Curry recused himself from this item since he resides in an area
that was previous designated as a VHFHSZ.
E. CONTRACTS AND AGREEMENTS
CONTINUOUS DEFLECTIVE SEPARATION (CDS) UNIT MAINTENANCE
AGREEMENT WITH CALTRANS (C- 5198). [381100 -2012] Approve the Maintenance
Agreement with the State of California for the cleaning and maintenance of the CDS unit
within the Caltrans right -of -way.
8. AMENDMENT NO. 1 TO LIDO ISLE BAYFRONT LETTERED LOT LEASE WITH
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LIDO ISLE COMMUNITY ASSOCIATION (C- 3272). [381100 -2012] a) Waive City
Council Policy F -Ts requirement for an appraisal or similar analysis for Parcel C, because
the City of Newport Beach will receive in -kind services under the lease; and b) authorize the
Mayor to execute the Amendment No. 1 to the Lido Isle Bayfront Lettered Lot Lease on
behalf of the City.
9. COOPERATIVE AGREEMENT WITH THE COUNTY FOR THE FUNDING OF
MAINTENANCE DREDGING IN LOWER NEWPORT BAY (C- 5018). [381100 -2012]
Approve the County Cooperative Agreement for funding the County Tidelands portion of the
Lower Bay Dredging Project, and authorize the Mayor and City Clerk to sign the
Agreement.
Mayor Pro Tern Curry recused himself from this item and Item 13 since he Chairs
the County Parks Commission which is the reviewing agency for the County on the
same contracts.
10. AMERICANS WITH DISABILITIES ACT TRANSITION PLAN - APPROVAL OF
AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH
DISABILITY ACCESS CONSULTANTS FOR TRANSITION PLAN UPDATE(c- 5059).
[381100 -2012] a) Approve the Amended and Restated Professional Services Agreement with
Disability Access Consultants of Las Vegas, Nevada, for completing the City's ADA
Transition Plan Update for an additional $24,120, and raise the total not -to- exceed contract
price to $139,020, and authorize the Mayor and the City Clerk to execute the Amended and
Restated Agreement; and b) approve Budget Amendment No, 13BA -005 transferring
$24,120 from Account No. 7161- C2001009 [Sidewalk, Curb, and Gutter Replacement and
ADA Improvements - Community Development Block Grant (CDBG) fund] to Account No.
7161- C8002030 (ADA Transition Plan) for the needed additional services.
11. BUILDING INTSPECTION AND PLAN REVIEW SERVICES - APPROVAL OF
AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH
VCA CODE GROUP (C- 4936). [381100 -2012] Approve the Amended and Restated
Professional Services Agreement with VCA Code Group for contract professional services for
an amount not to exceed $300,000.
F. MISCELLANEOUS
12. PLANNING COMMISSION AGENDA FOR JULY 19, 2012. [100 -2012] Receive and
file.
13. PHASE II LOWER BAY DREDGING - FUNDING (C- 5018). [100 -2012] a) Authorize
the Mayor to execute an amendment to the existing Corps Memorandum of Agreement
relating to City financial participation in the project; and b) approve Budget Amendment
No. 13BA -004 that appropriates $3,875,000 to Account No. 7241- C4402003 to dredge
additional areas in the project ($2,337,000 to be considered a loan from the General Fund to
be reimbursed over time from Tidelands revenues and $1,538,000 in revenues from the
County of Orange); and recognizing $1,538,000 in revenue from the County of Orange for its
share of costs for the Lower Bay Dredging Project.
Mayor Pro Tern Curry recused himself from this item and Item 9 since he Chairs the
County Parks Commission which is the reviewing agency for the County on the sam(
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contracts.
14. LICENSE AGREEMENTS AUTHORIZATION FOR TEMPORARY USE OF LOWER
CASTAWAYS LOCATED AT 100 DOVER DRIVE (C -5199 & C- 5200). [381100 -20121
Authorize the Mayor and City Clerk to execute two separate license agreements, one with
the Bayshores Community Association and the second with Mariner's Pointe, to allow
temporary use of the City -owned property. The agreements shall be in substantially the
same form as the attachments and shall be reviewed and approved as to form by the City
Attorney's Office prior to execution by the Mayor.
Regarding Item 13 (Phase II Lower Bay Dredging — Funding); Council Member Daigle noted that the
City is seeking additional funding for dredging and addressed a window of opportunity to use Port of
Long Beach. Council Member discussed dredging accomplishments and commended staff for their
leadership on this issue.
Motion by Mayor Pro Tem Curry, seconded by Council Member Rosanskv to approve the
Consent Calendar; and noting the abstention by Council Member Daigle on Item 1, and the recusals by
Mayor Pro Tem Curry on Items 6, 9 and 13.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council
Member Selich, Council Member Henn, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XIV. PUBLIC COMMENTS '
Jim Mosher commented on the retirement of Assistant City Manager Smith indicating that the City
Charter calls for the designation of a City Manager Pro Tem. He suggested designating that person at
the next Council meeting.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that the Airport Land Use Commission has found that Items 15
[North Newport Center Planned Community Amendment which Includes Fashion Island, Block 600,
Block 800 and Portions of Blocks 100, 400, 500 and San - Joaquin Plaza of Newport Center (PA2012-
020)] and 5 [An Ordinance Adopting Affordable Housing Amendment for Newport Place Planned
Community Located Within the area Bounded by Macarthur Boulevard, Jamboree Road, Birch Street,
and Bristol Street North (PA2011 -215)] are consistent with the Airport Environment Plan.
Additionally, Council Member.Daigle noted that there have been four cases of typhus in Orange County
and noted that Vector Control has determined that it was caused by flea -born feral cats.
Council Member Henn reported that the Tidelands Management Committee met at 4:00 p.m. on July
18, 2012 at the OASIS Senior Center and that the main topic discussed was the Tidelands
Infrastructure Capital Plan. He reported that good progress was made, stated that focus is on capital
projects affecting the harbor, and added that the item will be presented to the Harbor Commission and
returned to the Tidelands Management Committee at its next meeting, after which it will be presented
to Council for consideration.
XVI. PUBLIC HEARINGS
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15. NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT (C -4014) WHICH
INCLUDES FASHION ISLAND, BLOCK 600, BLOCK 800 AND PORTIONS OF BLOCKS
100, 400, 500 AND SAN JOAQUIN PLAZA OF NEWPORT CENTER (PA2012 -020).
[381100 -2012]
Associate Planner Murillo utilized a PowerPoint presentation which included the
area's background, update to the General Plan in 2006, opportunities for new residential units,
the North Newport Center Planned Community code amendments, vesting of development
rights, the traffic study, needed traffic improvements, approval of an Affordable Housing
Implementation Plan, details of the application including increasing development intensities,
and allocation of units to San Joaquin Plaza noting that all existing development standards will
remain unchanged. He addressed the location of the Marriott Hotel, conversion of unbuilt hotel
rooms to Newport Center, transfer of development intensities, findings, consistency with the
General Plan, traffic studies, impacts, amendment to the existing Development Agreement
including public benefit fees, and reimbursement for the Bayside walkway connection. He
presented details of the Affordable Housing Implementation Plan; stating that the number of
units depends on if they are very -low income units, low income units, or moderate income units.
He addressed the requirement for a Water Supply Assessment_ with subsequent approval by
Council, provided the findings of the Water Supply Assessment, noted compliance with CEQA,
and referenced the Planning Commission's review and the Airport Land Use Commission's
approval.
Dan Miller, The Irvine Company, expressed agreement with the contents and findings of the staff
report.
Council Member Daigle acknowledged The Irvine Company's long -term plans for Newport Center
which creates long -term value for the community.
Mayor Gardner opened the public hearing.
Jim Mosher addressed the conversion of hotel rooms in Newport Center, discussed a previous
action by Council involving 79 condominium units adjacent to the Marriott Hotel, addressed a
prior Coastal Commission request for a $5 million mitigation fee for the loss of the visitor - serving
capacity at the tennis court site, and asked if permission is needed from the Coastal Commission
to amend the City's Coastal Land Use Plan (CLUP). He asked if the Ad Hoc Council Committee
was formally appointed and inquired about the reimbursement for the Bayside walkway
connection.
Associate Planner Murillo stated that the project involving the 79 condominium units was a
different project in a separate parcel, noted that the current application does not involve a
CLUP amendment and that the hotel site remains designated for visitor- serving uses, and stated
that the CLUP does not establish specific development limits related to hotels but rather a
development range within the Floor Area Ratio (FAR).
Linda Tang, The Kennedy Commission, submitted written comments and indicated support for
the project, specifically the implementation of the Affordable Housing Implementation Plan
(AHIP). She commended the City's efforts in planning for affordable homes, especially for the
construction of new homes for lower- income working families.
Hearing no further testimony, Mayor Gardner closed the public hearing.
Council Member Selich commented on the reimbursement for the Bayside Walkway Connection
noting that the Irvine Company agreed to generously contribute to the connection and thanked
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them for doing so
Motion by Council Member Selich, seconded by Mayor Pro T---m Curry to a) adopt
Resolution No. 2012 -62 adopting Addendum No. 2 to the Program Environmental Impact Report
(SCH No. 2006011119) for the City of Newport Beach General Plan 2006 Update and the Water
Supply Assessment prepared for the project in compliance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3; b) adopt
Resolution No. 2012 -63 approving Transfer Development Intensity No. TD2012 -002; c) introduce
. Ordinance No. 2012 -19 approving Planned Community Development Plan Amendment No.
PD2012 -001, and pass to second reading on August 14, 2012; d) adopt Resolution No. 2012 -64
approving Traffic Study No. TS2012 -004; e) adopt Resolution No. 2012 -65 approving the proposed
Amendment of the Affordable Housing Implementation Plan; and f) introduce Ordinance No.
2012 -20 approving an Amendment to Development Agreement No. DA2007 -002, and pass to
second reading on August 14, 2012, noting that $500,000 will be set aside for Back Bay View
Park enhancements and improvements.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
16. MARINA PARK COASTAL LAND USE PLAN AMENDMENT (PA2012 -079) - 1600 WEST
BALBOA BOULEVARD. [100 -2012]
Principal Planner Campbell utilized a PowerPoint presentation which provided the background
and previous approval by Council, discussed Coastal Commission review and their opposition
to the amendment, presented the tower feature along with details of the elevations and height
limitations, note receipt of comments from. the Coastal Commission, and suggested language to
incorporate the communication /tsunami warning equipment into the new tower.
Discussion followed regarding the possibility of incorporating the language proposed by the
Coastal Commission at this time and the feasibility of placing communications equipment in the
tower.
Principal Planner Campbell stated that there is no guarantee that the higher tower will be
allowed if Council agrees with the Coastal Commission changes and read proposed new
language.
Mayor Gardner opened the public hearing.
Jim Mosher believed that the building looks just as good without the tower and commented on
the Coastal Commission correspondence regarding the height.
Elliott Vaughn took issue with the height of the proposed tower, believed that discussion at the
Coastal Commission meeting pertained to placing the tsunami warning system on top of the
tower, and suggested reducing the height of the tower to a maximum of 50 feet.
City Manager Kiff indicated that he did not recall discussion regarding placing the equipment on
top of the tower, but rather inside the tower.
George Schroeder noted that the Coastal Commission may make some adjustments, believed that
a landmark is needed, and expressed support for the project.
Hearing no further testimony, Mayor Gardner closed the public hearing
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Motion by Mayor Pro Tem Curry, seconded by Council Member Selich to adopt amended
Resolution No. 2012 -66 that: 1) finds the California Environmental Quality Act (CEQA) to be
satisfied by the May 11, 2010, City Council certification, of the Marina Park Proiaot
Environmental Impact Report (EIR) (SCH #2008051096) in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3; 2)
approves Coastal Land Use Plan No. LC2012 -002; and 3) amends Policy 4.4.2 -1 to read,
"Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically
depicted on Map 4 -3, except for the following site. Marina Park located at 1600 West Balboa
Boulevard: A single, up to 73 -foot tall architectural tower that does not include floor area but
shall house screened communications or emergency equipment, and create an iconic landmark
for the public to identify the site from land and water."
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
XVII. CURRENT BUSINESS
17. APPOINTMENT OF A NEW CITY ARTS COMMISSIONER TO SERVE UNTIL JUNE 30,
2013. [100 -20121
City Clerk Brown noted that the aforementioned will be conducted via paper ballot and that the
term expires June 30, 2013.
City Clerk Brown read the paper ballots as follows:
Caroline Logan - Hill, Rosansky, Curry, Selich
Michaell M agrutsche - Henn, Daigle, Mayor Gardner
City Clerk Brown announced that Caroline Logan is the new City Arts Commissioner
for a term ending June 30, 2013.
18. NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION. [331100 -20121
City Clerk Brown presented the staff report, noting that the resolutions were separated into two
categories: Council Candidates for Districts 2, 5 and 7, and proposed Charter Amendments. She
believed that Council also needs to designate a Council Member or Members to draft
an argument for or against the measure and any rebuttals, if needed.
Mayor Gardner referenced correspondence from Robert Hawkins. City Clerk Brown explained
the differences between a Direct Argument for or against a ballot measure and a Rebuttal
Argument, and the differences between the maximum word counts for each type of argument.
Jim Mosher believed that it is a disservice to the citizens to put 38 questions on the ballot as a
single measure, as well as the red camera issue. He indicated that he will be voting against the
measure, hoped that clarification is given, and wondered if the City Attorney comments will be
placed on the sample ballot.
Motion by Council Member Rosansky, seconded by Mayor Pro Tem Curry to a) adopt the
following resolutions pertaining to the General Municipal Election scheduled for Tuesday,
November 6, 2012, pursuant to Section 1000 of the City Charter: 1) adopt Resolution No. 2012 -67
calling and giving notice of the holding of a General Municipal Election to be held on Tuesday,
November 6, 2012, for the election of members of the City Council as required by the provisions
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of the City Charter; 2) adopt Resolution No. 2012 -68 requesting the Board of Supervisors of the
County of Orange -to consolidate a General Municipal Election to be held on Tuesday, November
6, 2012, with the Statewide General Election to be held on the same da +e pursuant tU Section
10403 of the Elections Code (Council Candidates); 3) adopt Resolution No. 2012 -69 adopting
regulations for candidates for elective office pertaining to Candidates Statements submitted to
the voters at an election to be held on Tuesday, November 6, 2012; 4) adopt Resolution No. 2012-
70 calling and giving notice of the holding of a General Municipal Election to be held on
Tuesday, November 6, 2012 for the submission of proposed Charter Amendments; 5) adopt
Resolution No. 2012 -71 requesting the Board of Supervisors of the County of Orange to
consolidate a General Municipal Election to be held on Tuesday, November 6, 2012, with the
statewide General Election to be held on the same date pursuant to Section 10403 of the
Elections Code (Charter Amendments); 6) after discussion, adopt Resolution No. 2012 -72 setting
priorities for filing written arguments regarding City Measures, and directing the City Attorney
to prepare an Impartial Analysis; and 7) adopt Resolution No. 2012 -73 providing for the filing of
rebuttal arguments for a City Measure submitted to voters at the General Municipal Election to
be held on Tuesday, November 6, 2012 pursuant to California Elections Code Section 9285; and
b) designate Mayor Pro Tem Curry as the lead Council Member to draft a Direct Argument for
the ballot measure, and any rebuttal argument, if needed.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION -None
XIX. ADJOURNMENT - Adjourned at 8:05 p.m. in memory of Donna Crean
The agenda for the Regular Meeting was posted on July 20, 2012, at 8:10 a.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach Administration Building.
"""ZW - -
City Clerk
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Recording Secretary
Mayor
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