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HomeMy WebLinkAbout09/23/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 23, 2003 - 7:00 p.m. STUDY SESSION - 4:00 p.m. INDEX CLOSED SESSION - 5:45 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: Proctor (excused) C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Adams E. INVOCATION - Brownie Parker, Bishop of the Newport Beach It Ward, Church of Jesus Christ of Latter -Day Saints F. PRESENTATIONS Eagle Scout Recognitions, City Manager Bludau recognized Matt McCullough for his Eagle Scout project, Landscape Beautification of Galaxy Park, and Patrick Kruse for his project, Fabrication and Installation of Display Cases and Measuring Sticks on the Newport and Balboa piers. City Manager Bludau displayed photos of both projects. Mayor Bromberg thanked the two scouts and acknowledged Council Members Webb and Adams, who are also Eagle Scouts. Council Member Webb noted that the amount of time and effort put together by the scouts for the community is outstanding. Presentation of Thermoplaques to outgoing Board & Commission members. Mayor Bromberg presented Certificates of Appreciation to outgoing Parks, Beaches, & Recreation Commissioner Pat Beek, City Arts Commissioner Catherine Michaels, Planning Commissioner Shant Agajanian, and Board of Library Trustee Patrick Bartolic. He also acknowledged outgoing Planning Commissioner Anne Gifford, who was unable to attend the meeting. Presentation of "Symphony in the Cities" award by City Arts Commission. City Arts Commission Chair Kathv Harrison presented the "Symphony in the Cities" award to Mayor Bromberg, in acknowledgment of the Volume 56 - Page 399 City of Newport Beach Regular Meeting September 23, 2003 INDEX City's support of the Orange County's Pacific Symphony. Mayor Bromberg acknowledged the efforts of the City Arts Commission. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM1: • Council Member Webb requested that the City remain aware of the issues involving the 19th Street Bridge. He explained that if the bridge is not built, there will be significant mitigation measures that will need to be accomplished by the City. He requested a report on the status of the bridge and what actions the City may need to take to provide input. • Mayor Bromberg requested that the vacancy on the Airport Issues Committee, created by the resignation of Council Member Proctor, be agendized for the City Council meeting of October 14, 2003. He stated that he plans to appoint himself to fill the vacancy, and that the other committees could be addressed after Council Member Proctor's successor is appointed. I. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. CONTRACTS AND AGREEMENTS 3. Item removed from the Consent Calendar by Council Member Heffernan. 4. Item removed from the Consent Calendar by a member of the audience. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (l, 3 and 4). The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor Volume 56 - Page 400 City of Newport Beach Regular Meeting September 23, 2003 J. INDEX 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 9, 2003. Jim Hildreth referenced Volume 56, Page 375 of the regular meeting minutes and stated that his comments were recorded incorrectly in regard to the matters involving Mr. Melum and the destruction of records. Motion by Mayor Pro Tern Ridgeway to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: Adams Absent: Proctor 3. APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN C -3664 THE CITY COUNCIL, BOARD OF LIBRARY TRUSTEES AND Cooperative LIBRARY FOUNDATION. Agreement /Library Board & Council Member Heffernan asked if the agreement was a reaction to Foundation (38) the public's uproar over the speaker selection for the previous year's Distinguished Speakers Lecture Series (DSLS). He additionally asked who would have final authority over who the speakers would be and what topics they would address. City Attorney Burnham stated that he didn't think the agreement was the result of a disagreement over DSLS speaker selection and that it is the Library Foundation that is responsible for the DSLS. Motion by Mayor Pro Tern Ridgeway to approve the Cooperative Agreement between the City Council, Board of Library Trustees and the Library Foundation. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 4. BIG CANYON RESERVOIR LANDSCAPE AND SITE C -3599 IMPROVEMENTS — AWARD OF CONTRACT (C -3599) AND Big Canyon STATUS REPORT FOR THE BIG CANYON RESERVOIR Reservoir COVERING AND DISINFECTION FACILITIES. Landscape & Site Improvements Earlier in the meeting, Council Member Heffernan stated that he (38/89) would be abstaining from voting on this item due to the fact that his residence is within the conflict of interest radius zone of the reservoir. Volume 56 - Page 401 City of Newport Beach Regular Meeting September 23, 2003 INDEX Council Member Heffernan left the Council Chambers Mayor Bromberg noted the presentation on the item that was given at the earlier Study Session. Dolores Otting asked how close the City is to having the cover installed on the reservoir. She additionally inquired about the water that was being released from the reservoir over the weekend. Mayor Bromberg stated that the reservoir is being emptied so that the bottom of it can be resurfaced. Mayor Pro Tern Ridgeway provided Ms. Otting with a copy of the Study Session report and stated that the cover is expected to be installed by January, 2005. Motion by Mayor Pro Tern Ridgeway to 1) approve the plans and specifications for the Big Canyon Reservoir Landscape and Site Improvements; 2) award the contract (C -3599) to Mega Way Enterprise for the total bid price of $283,995 and authorize the Mayor and the City Clerk to execute the contract; and 3) receive and file the status report for the Big Canyon Reservoir Covering and Disinfection Improvements. Jim Hildreth stated that he's noticed a chlorine smell in the water and asked if there would be a change to the treatment process while the work is being done. City Manager Bludau stated that there will be no change to the process. The motion carried by the following roll call vote: Ayes: Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: Heffernan Absent: Proctor Council Member Heffernan returned to the Council Chambers. K. PUBLIC COMMENTS Jim Hildreth stated that the property at 118 Grand Canal is being rebuilt and that the inspector is scheduled to inspect the footings for the wall on September 24, 2003. He further noted that the property has a utility pole with a streetlight on it and that, due to safety concerns, it should remain there until a new light standard is installed. Lastly, Mr. Hildreth stated that denying access to property rights is against the law. Ron Kasper stated that the construction equipment being used for the Jamboree Road refurbishment is being stored on Bayview Way and construction workers arrive at 5:45 a.m. to pick up equipment. Mr. Kasper stated that he's contacted the City and the situation has improved, but has not been completely resolved. He requested that the Volume 56 - Page 402 City of Newport Beach Regular Meeting September 23, 2003 L. M. equipment be moved to a different location and consideration be given to not using the location for future projects. Mayor Bromberg requested that the City Manager look into the situation. City Manager Bludau stated that a variety of complaints have been received about the project, overall. Mayor Pro Tern Ridgeway noted that construction in the City is prohibited from starting prior to 7:00 a.m. Dolores Otting noted that she has experienced a similar situation with street sweepers. Secondly, she asked why the parks in the City are open until 11:00 p.m. without lights and expressed her concern for the liability associated with this. Lastly, Ms. Otting noted that nursing homes have a practice of calling "911" for elder abuse situations. She asked who in the City she could contact to find out the fiscal impact during the past four years of the "911" calls from nursing homes. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Council Member Adams stated that GPUC has not met since the previous City Council meeting. Status report — Local Coastal Program Certification Committee. Mayor Pro Tern Ridgeway reported that the City is waiting on the Coastal Commission to complete their technical studies. Status report — Newport Coast Advisory Comrittee (NCAC). Council Member Heffernan stated that the NCAC has not met since the previous City Council meeting. He noted, however, that on September 29, 2003, the advisory committee will be discussing options regarding the pending Newport Coast Community Center. Status report — Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb stated that the committee will be meeting on September 24, 2003, to discuss progress, updates and some of the recent approvals to the plans that were submitted. Status report — Other Committee Activities. Council Member Nichols reported that the Environmental Quality Affairs Committee (EQAC) met on September 15, 2003, and primarily discussed the expansion of the St. Andrews Presbyterian Church Mayor Pro Tem Ridgeway reported that on September 16, 2003, he and the City Manager attended Hoag Hospital's "topping out" ceremony for the Women's Pavilion that is currently under construction. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 5. PLANNING COMMISSION AGENDA FOR SEPTEMBER 18, 2003 Planning Director Temple stated that the first item on the Planning Volume 56 - Page 403 INDEX Planning Commission (68) City of Newport Beach Regular Meeting September 23, 2003 N. Commission's agenda was the initiation of two general plan amendments. She stated that both initiations will be on the agenda of the October 14, 2003, City Council meeting. The next item was for a variance and modification request, but the applicant removed his request. The Planning Commission also approved a use permit for a sushi restaurant on Jamboree Road. Planning Director Temple stated that the last item, Item No. 5, involved variance and modification requests for a residence on Ocean Boulevard. She stated that the Planning Commission determined that the findings for a variance could not be made and denied the request. The modification request, however, was found to be consistent with the findings in the Newport Beach Municipal Code (NBMC) and was approved. Planning Director Temple explained that the pad elevation of the property is below Ocean Boulevard, and the parkway between the public sidewalk and the front property line is 60 feet. She stated that these two factors led the Planning Commission to approve the encroachment part of the request. Council Member Heffernan asked if the findings that are required by the Modifications Committee for a setback are the same that are used by the Planning Commission. Planning Director Temple responded in the affirmative. She added that staff has been working on revisions to the NBMC to strengthen the findings that would need to be made in order for a modification to be approved. She announced that there would be a community outreach meeting on September 25, 2003, to discuss the proposed amendments, and that the outreach would be followed by public hearings before the Planning Commission and the City Council. Council Member Heffernan asked for an explanation of the difference between a variance and a modification in regard to a setback. Planning Director Temple stated that an encroachment into a setback is defined in the NBMC as a modification acted upon by the Modifications Committee, unless the project is required to go before the Planning Commission for another reason already. The findings for a variance are different than those for a modification, and there isn't a limitation on the amount of setback that can be dealt with through the modification process. Council Member Nichols requested that Item No. 5 be called up for review by the City Council. He explained that it's a huge modification to the face of the bluff, and will probably cause the road adjacent to the setback to be rebuilt and a retaining wall installed. Council Member Heffernan agreed that the item should be called up for review. PUBLIC HEARING 6. CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2002 -2003. Program Administrator Trimble stated that it's a requirement of the Consolidated Development Block Grant (CDBG) to submit the report at Volume 56 - Page 404 INDEX CDBG Consolidated Annual Performance & Evaluation Report City of Newport Beach Regular Meeting September 23, 2003 the end of each program year. He stated that the total budget for the program year was $569,870.32. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Adams to approve the FY 2002 -2003 CAPER and direct staff to submit the documents to all appropriate parties. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor O. CURRENT BUSINESS LETTER OF RESIGNATION SUBMITTED BY COUNCIL MEMBER PROCTOR AND THE OPTIONS AVAILABLE TO THE CITY COUNCIL FOR FILLING THE VACANCY IN DISTRICT 2. Mayor Bromberg stated that the issue is governed by the City Charter in Section 403. City Attorney Burnham confirmed that the City Charter states that the City Council is to appoint a successor within 30 days of the effective date of the vacancy, and if this is not done, then the City Council is required to call a special election. He clarified the information provided in the staff report by stating that the election is to be held not less than 114 days from the date in which the City Council calls the election, and would have to occur on a regular election date. Mayor Bromberg confirmed with the City Attorney that the City Council must appoint a successor and the election is held only if this is not possible. Mayor Bromberg further clarified that concerning the issue regarding Council Member Proctor's absence at the City Council meetings, the 60 -day period is from the first meeting missed to the return of the council member, regardless of the date of the next City Council meeting. Mayor Bromberg stated that the window to make the appointment is very short, referring to the resignation letter submitted by Council Member Proctor, which sets the effective date as September 30, 2003. He pointed out that this requires the City Council to appoint a successor by October 30, 2003. Mayor Bromberg suggested that the resignation be accepted and the seat be considered vacant as of September 30, 2003. He further suggested that the application process begin for residents of District 2 with October 8, 2003, set as the closing date, and that the issue return for City Council consideration at the City Council meeting of October 14, 2003. He explained that at that time, the City Council will know how many applications have been Volume 56 - Page 405 INDEX (CAPER) (8i) Resignation of District 2 Council Member (33) City of Newport Beach Regular Meeting September 23, 2003 1101110W received and can set a procedure for interviewing the candidates. He specifically suggested that the interviews be open to the public, televised and held during a special meeting of the City Council, possibly the morning of the October 28, 2003, City Council meeting. Council Member Adams asked what application will be used for the process. Mayor Bromberg stated that he has worked with the City Clerk to modify the application currently used for boards, commissions and committees. Council Member Adams stated that a more detailed application may be appropriate, and asked how the information provided on the applications will be verified. Mayor Bromberg stated that the information requested in the application is concise and thorough. In regard to verification, he felt that there wouldn't be enough time to conduct any significant verification of the information provided. Council Member Adams stated that the City Council would look foolish if they appointed someone without verifying the information. Mayor Bromberg felt that the time involved to verify the information would cause the City Council to miss the appointment deadline and result in a special election, which he stated would cost approximately $75,000. He added that it also leaves District 2 without representation. Mayor Pro Tern Ridgeway pointed out that potential candidates for City Council are normally required to obtain 30 signatures. He suggested that possibly ten signatures be required in this situation. Secondly, Mayor Pro Tern Ridgeway asked if the vacancy would be advertised. Mayor Bromberg stated that part of the direction from the City Council should be that the vacancy be advertised. Mayor Pro Tern Ridgeway asked if obtaining signatures would be feasible and what the purpose of the requirement is during normal elections. City Attorney Burnham stated that the purpose is probably to show that there are people in the community who would vouch for the character and the ability of the individual to hold public office and serve the community. He stated that the process would place additional duties on the City Clerk's office to verify that the signatories are qualified electors. Mayor Bromberg agreed that it would be helpful to require the signatures, but he doesn't know if it would be feasible given the short amount of time available. He stated that conducting the interviews in a public forum might produce the same result. City Attorney Burnham agreed that the interview process should divulge an individual's merit. City Clerk Harkless stated that the in the past, signature verification has been handled by the County and it could be difficult in this Volume 56 - Page 406 City of Newport Beach Regular Meeting September 23, 2003 INDEX instance, given the statewide election scheduled for October 7, 2003. She further clarified that she is not aware of a requirement in the Elections Code for the gathering of signatures for an appointment. Council Member Adams asked if another option could be to not accept the resignation and let the 60 -day period begin from the last meeting that Council Member Proctor attended. City Attorney Burnham stated that he doesn't feel this is an option and that the seat should be considered vacant as of the effective date of the resignation, as specified in the letter. Council Member Heffernan confirmed with the City Attorney that if a special election were to be held, it would occur on the scheduled election date in March, 2004. City Clerk Harkless stated that such a special election would cost approximately $50,000, since it occurs on a scheduled election date. Council Member Heffernan further confirmed that a special election would become an option i£, for example, a qualified candidate is not found. Council Member Heffernan asked what code requires the gathering of signatures during a normal election process. City Clerk Harkless stated that it is a requirement of the Elections Code, not of the City Charter. Council Member Heffernan stated that although it is not a requirement of the appointment process, it might reduce the number of applicants. Mayor Bromberg read from Section 403 of the City Charter, and stated that he feels that the intent of the section is for the City Council to appoint a successor, with a special election conducted only in the event the City Council fails to do this. Council Member Adams confirmed that the successor to Council Member Proctor will serve a term that ends in November of 2004. Council Member Nichols agreed that conducting public interviews and seeking to make the appointment are appropriate. City Manager Bludau suggested that if applications will be accepted through noon on October 8, 2003, that a deadline of noon be set to give staff time to prepare a supplemental report for the October 14, 2003, City Council meeting. Laura Dietz stated that requiring signatures from the electors within the district is a good idea and she recommended that at least twenty signatures be required. She stated that this will provide a pool of serious candidates. Brian Clarkson read from Section 403 of the City Charter, and pointed out that the last meeting that Council Member Proctor attended was July 8, 2003. He stated that Council Member Proctor's seat should have been declared vacant upon his return on September 9, 2003, and the 30 -day appointment period should have begun on the same day. Mr. Clarkson also read from Sections 405 and 1404 of the City Charter. Ile agreed that the residents of West Newport do deserve representation. Volume 56 - Page 407 City of Newport Beach Regular Meeting September 23, 2003 INDEX Mayor Pro Tem Ridgeway stated that Council Member Proctor was not absent for a period of 60 days. Mr. Clarkson stated that he was absent for a period of 63 days. Mayor Pro Tem Ridgeway stated that he was excused from attending the meeting on July 22, 2003. Mr. Clarkson provided a copy of the minutes from the missed meetings and stated that they do not include notations of the absences as being excused. City Attorney Burnham stated that declaring the office vacant based upon the failure of the minutes to reflect the excuses would most likely not be upheld in the courts. Mayor Bromberg confirmed that Council Member Proctor's absences were excused. Keith Scheinberg suggested that a committee of District 2 residents be formed to assist with reviewing the applications and making a recommendation. He agreed with the recommendation to require signatures, and stated that it would be relevant and show the support of the candidate by the District 2 residents. Jim Hildreth asked where Council Member Proctor was during the 63 days that he missed and why the City Council is overlooking his absence. He hoped that the City Council would take into consideration the general public and who they want to represent them when making the appointment. He hoped that the successor would attend the meetings and show caring for those around him. City Attorney Burnham stated that he doesn't believe that the City Council has the authority to delegate the task of qualifying candidates to another individual or group of individuals. The City Council is the only body that has the right to appoint the successor and the only body that should be involved in the process leading up to the appointment. Dolores Otting agreed that twenty signatures should be required and that there should be a group of residents formed to provide input. She asked if information on the candidates would be available on the internet, so that the public would have the opportunity to provide their input. Ms. Otting pointed out that the cost of a special election is only .0059% of the City's annual budget. Mayor Bromberg and City Manager Bludau pointed out that the City Charter places the responsibility for filling a vacancy on the City Council, who were put into office by the residents of the City. Council Member Adams stated that there are some details that still need to be worked out and suggested that an ad hoc committee of the City Council be formed to work with the City Manager. Council Member Webb confirmed that this would not delay the application process. He suggested that if an ad hoc committee was formed, that they be prepared to make recommendations at the City Council meeting of October 14, 2003, on how to proceed with the interview process and other details. Volume 56 - Page 408 City of Newport Beach Regular Meeting September 23, 2003 INDEX Council Member Adams added that they might also review the application for content over the next few days. Mayor Pro Tern Ridgeway pointed out that the City Council is facing a very legal and technical issue. He felt confident that the City Clerk and the City Attorney could work with the Mayor on acceptable procedures. Mayor Bromberg stated that he could meet with the City Attorney and the City Manager to go over some of the issues, and report back to the City Council on October 14, 2003. Council Member Adams stated that he would like to be aware of what the procedures will be and have the opportunity to provide input prior to the meeting on October 14, 2003. In response to Mayor Bromberg's question, City Attorney Burnham stated that as long as there is not interchange between council members, the issues could be discussed prior to the meeting with the City Attorney or the City Manager. He expressed his discomfort, however, with a process that assumes that there would be communication with each council member on a single issue. Council Member Nichols agreed that signatures should be required and that all qualified candidates should be considered. Mayor Bromberg stated that there still needs to be an application process. Council Member Adams stated that the only thing that matters is that a candidate gets a majority vote by the City Council. He pointed out that the candidates are not running for office, they are applying for an appointment. City Attorney Burnham stated that the City Charter requires that the vacancy be filled by a qualified person, but it doesn't establish any other criteria. He felt that imposing conditions that aren't specified in the City Charter could be problematic. Mayor Bromberg agreed that the City Council should not attempt to expand or amend issues in the City Charter during this historic process. Council Member Webb suggested that possibly a special meeting could be held on October 7, 2003, to discuss the remaining issues and the process. He stated that this could also be the time that an ad hoc committee would provide their recommendations. Mayor Bromberg stated that the same discussion could also occur at the regular meeting on October 14, 2003. City Clerk Harkless read from Section 401 of the City Charter, which requires a prospective council member to be a registered voter of the district at least 30 days prior to an election or an appointment. Motion by Mavor Brombera to: 1) declare the office currently held Volume 56 - Page 409 City of Newport Beach Regular Meeting September 23, 2003 INDEX by Council Member Proctor to be vacant on September 30, 2003, the effective date specified in the letter of resignation; 2) open the application period and set October 9, 2003, at noon as the time in which applications must be received; 3) request that all further issues be brought back at the October 14, 2003, City Council meeting; and 4) direct staff to advertise the vacancy in the Daily Pilot and The Current. Mayor Bromberg added that the issues that the City Council might address at the meeting on October 14, 2003, could include a decision on the need to form an ad hoc committee, based on the number of applications received. He stated that he would prefer to have the full City Council interview every candidate, but that will depend upon the number of applications received. City Manager Bludau stated that he and the City Attorney might be able to provide some helpful suggestions at that meeting on how the interviews might be conducted. Council Member Adams confirmed with the City Manager that staff would identify options for the City Council to consider at the meeting on October 14, 2003. Council Member Adams requested that the Mayor be involved with the preparation of the staff report. He explained that there will be a lot of decisions to make regarding the process. Mayor Bromberg confirmed that he would meet with staff prior to October 14, 2003. He stated that his goal is for the process to run as smoothly as possible. Council Member Heffernan stated that the City Council does need to determine at the current meeting what will be required in the application. Amended motion by Mayor Bromberg to add direction to staff to use the Application for Appointive Position, as modified by the City Clerk. Council Member Heffernan asked if the City Clerk's office will be able to verify the information provided by the candidates. City Clerk Harkless stated that it is only a matter of calling the County, and verifying their voter registration date and address. She explained that it's a simpler process than verifying signatures, and could be done in the amount of time provided. Council Member Adams asked how the City Clerk's office verifies that the applicant is a registered voter and resident of the district for 30 days prior to the appointment. City Clerk Harkless stated that this information is obtained from the County. City Attorney Burnham suggested that the application be modified slightly to add a declaration that the applicant qualifies per the provisions of the City Charter. Mayor Bromberg stated that applicants are welcome to add attachments to the application and to include anything that might be helpful. Volume 56 - Page 410 City of Newport Beach Regular Meeting September 23, 2003 Council Member Webb asked if more than two references should be required. Mayor Bromberg stated that the current application only requires two references, but it is common for applicants to add additional references and letters of recommendation. City Clerk Harkless noted that everything submitted is public record and will be posted on the internet. Council Member Adams further noted that elected officials are required to abide by the Fair Political Practices Act. He explained that this means that all financial holdings become a matter of public record. Mayor Bromberg suggested that potential candidates look at the information provided on the Fair Political Practices Commission (FPPC) website. He also noted that the application will also be made available on the City's website. The amended motion carried by the following roll call vote Aves: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 8. PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES (ECIS) FOR GREASE INTERCEPTOR INTSPECTIONS, GREASE BMP INSPECTIONS AND STORM -WATER BMP INSPECTIONS. Assistant City Manager Kiff stated that the City is working to eliminate ocean and bay closures due to grease spills. He stated that food service establishments are the primary sources of grease- caused sewer spills, which is why the City is aggressively working on grease interceptor maintenance. Council Member Nichols stated that some restaurants are grandfathered as far as the City's grease interceptor requirements. Assistant City Manager Kiff stated that some have no interceptors at all and some have inadequately sized interceptors. An education process will still take place to inform these establishments on how to change their practices within their restaurants to eliminate grease buildup in the pipes. Council Member Heffernan confirmed with Assistant City Manager Kiff that approximately half of the restaurants in the City do not have grease interceptors or have inadequately sized interceptors. Council Member Heffernan further confirmed that the City could regulate this with a change to the code. Assistant City Manager Kiff noted that the City does require new restaurants or those with significant menu changes to add a fully compliant grease interceptor, but that it's a slow process. Council Member Heffernan confirmed that the cost to the City Volume 56 - Page 411 INDEX C -3665 Grease Interceptor Inspections, Grease BMP Inspections & Storm -water BMP Inspections (38) City of Newport Beach Regular Meeting September 23, 2003 is higher for the restaurants without grease interceptors or with inadequately sized interceptors due to utility maintenance. Council Member Nichols noted that, typically, grandfathering is only done for a period of years, and suggested that this could also be considered for the grease interceptor provisions. He asked if the size of the drums for the smaller restaurants was 50 gallons. Assistant City Manager Kiff stated that they are significantly larger, that the interceptors generally go into the ground, and are more effective than grease traps. Council Member Nichols asked if the retrofitting of grease traps could be required. Assistant City Manager Kif£ stated that the ordinance would need to be amended and that others in the County are working on the same issue. Council Member Nichols requested that the grease trap issue be agendized for a future City Council meeting. Motion by Council Member Adams to approve Professional Services Agreement with ECIS for the contract price of $46,000 and authorize the Mayor and the City Clerk to execute the agreement. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: 'None Abstain: None Absent: Proctor Mayor Bromberg recessed the meeting at 9:02 p.m. and reconvened the meeting at 9:18 p.m., with all council members present, except Council Member Proctor. 9. COUNCIL CONSIDERATION OF UPPER CASTAWAYS PARK VEGETATION OPTIONS AND THE POTENTIAL UTILIZATION OF GRANT FUNDING. City Manager Bludau stated that the issue regarding two grants totaling $149,600 for Castaways Park was also discussed at the August 12, 2003, Study Session. He stated that the staff report identifies seven options for the City Council to consider. City Attorney Burnham stated that he recently became aware that any significant modifications to the revegetation plan that was submitted to the Coastal Conservancy in conjunction with the City's grant application, would require the City to apply for a coastal development permit prior to implementing the modifications. He specifically noted that consistency with Section 30230 of the Coastal Act would be under close scrutiny. Mayor Bromberg confirmed that if the City Council selects an option that increases irrigation, turf grass or activity it would most likely require review and a permit from the Coastal Commission. Mayor Pro Tom Ridgeway stated that it would then appear that anything other than Option Nos. 1 or 2 might not be supported by the Volume 56 - Page 412 INDEX Castaways Park (62) City of Newport Beach Regular Meeting September 23, 2003 INDEX Coastal Commission. City Attorney Burnham stated that based on his recent experience with Coastal Act issues, he would agree. Council Member Webb stated that he doesn't see any options that suggest grading or would change the amount of plant material that is being removed. He disagreed that Option Nos. 1 and 2 were the only choices before the City Council. Mayor Bromberg pointed out that the City Council is not limited to the seven options. Council Member Heffernan asked why the City Attorney just now made this revelation. City Attorney Burnham explained that he was remiss in taking a look at the project closely and should have brought the matter to the attention of the City Manager, General Services Director and the City Council sooner. He added that he doesn't know that it will be required, but it may be required and the City Council should be aware of this when evaluating the various options. Council Member Heffernan confirmed with the City Attorney that the decision made by the City Council at the current meeting may not be the option that's implemented. Mayor Bromberg stated that he will follow his conscience when making his decision and not worry about what another agency might do. Council Member Webb stated that the Coastal Conservancy should possibly have gotten a Coastal Permit for the grant, to begin with, since there are significant changes being made to the site. He stated that a number of people have told him that they would prefer a portion of Castaways Park to have a green area for picnicking or similar activities. Council Member Webb stated that he has come to the conclusion that turf grass, the extensive irrigation that would be required and the increased activity that would come with it, is not something he could support. He stated that Castaways is a passive, view park, but added that portions of the park could be user friendly and accommodate those that want to wander through the area. He noted that most of the park acreage is in the slope area. He displayed photos of what the site looked like in the 1920's and noted that a natural environment should be created, but without removing the vast amount of non - native vegetation as is being required as a part of the grant. Council Member Webb stated that he supports Option No. 7 and that this option would, over a phased period of time, plant sedge material. He provided handouts illustrating his proposal and stated that a meadow would be created, adding color to the Castaways site and providing a user friendly area. He suggested that primarily native California Meadow Sedge and Monterey Sedge be used, and that other native grasses could be used to provide accent areas that would add diversity and improve aesthetics, and still provide a very user friendly and accessible park for all. He displayed photos of the proposed sedges, and stated that it gives the City the opportunity to experiment with a natural grass that will allow for passive use and require low Volume 56 - Page 413 City of Newport Beach Regular Meeting September 23, 2003 INDEX maintenance. He displayed photos of possible accent grasses and the recently - completed Bonita Canyon Sports Park, which provides an example of the use of a mixture of native and non - native vegetation. Council Member Webb suggested that the City Council adopt Option No. 7 and respectfully decline the grant. He added that volunteer groups could be utilized to expand the sedge areas. He also suggested that a buffer area include native plant material, which would also meet the fuel modification requirements of the Fire Department. Council Member Heffernan stated that the other six options should be presented and explained in as great of detail as was just done with Item No. 7. Using a PowerPoint presentation and reading from the staff report, City Manager Bludau highlighted the pros and cons of the other options. He noted that Option No. 1 represents the current agreement with the Nature Conservancy and the Coastal Conservancy. He stated that Option No. 2 adds a 50 -foot strip of native sedge grass along the outside walkway, as well as to the "teardrop" area of the site. The remainder of the meadow would adhere to the revegetation plan in Option No. 1. Per Council Member Heffernan's comment, City Manager Bludau stated that pictures of what the site would look like under the other options were not available. He noted, however, that there would be a wide variety of native plants, as identified in the grant, and that pictures of those plants were available. Steve Baugh, Castaways Homeowners Association Board of Directors, stated that the Board is unanimously in support of Option No. 1, as are nearly all of the homeowners in the area. He noted that they were told that the site would remain as open space when they purchased their homes. Mr. Baugh further noted that the grass area at the nearby Bob Henry Park goes frequently unused, and that open space in the City is minimal. He stated that the site is currently used and is a classic, the way it is. Council Member Webb asked if Mr. Baugh was aware that under the current grant agreement, 95% of the present vegetation would be removed. Mr. Baugh stated that he was. Mayor Bromberg also noted the Environmental Nature Center (ENC), and Mr. Baugh stated that he was also aware of the ENC, but didn't feel that it qualified as open space. Bradd Barmettler expressed his support for Option No. 1. He noted that if, in the future, the City decides that Option No. 1 is not working out, it can cancel the agreement and pay back the grant. He stated that Council Member Webb is not representing the community and what it is asking for. He expressed his concern for creating another patch of green when there are already plenty of such places in the City. He asked that the City Council also respect the opinions of the Castaways homeowners. Volume 56 - Page 414 City of Newport Beach Regular Meeting September 23. 2003 11013a.14 Nicole Johnson expressed her concern for the added activity that will be created by adding mowed grass areas. She stated that the area is already well used. She asked if barbecues and picnic tables will be added under Option No. 1. City Manager Bludau stated that some benches would be added in certain areas and walkways would be well defined. Picnic tables are not a part of any of the options. Mike Evans stated that he believes in ecological restoration and native plant landscaping. He stated that a previous City Council determined that the Castaways site should be a natural park. He stated that he served on the Castaways Committee, which secured the funding from the two conservancies, and that the Castaways site was chosen due to its unique qualities and the opportunities that exist. It's most positive asset is its location and view, and the vistas will not be compromised with a natural park. He stated that it's a valuable piece of property and much work went into keeping it open. Council Member Adams asked why sedge isn't considered natural. Mr. Evans stated that it is not native or a part of the park's natural ecosystem. He added that the ecosystem that is being proposed to be rebuilt is coastal sage scrub /grassland. Val Skoro, Parks, Beaches & Recreation (PB &R) Commission and Chairman of the PB &R Park Development Subcommittee, presented some photos of the park, as it now exists. He stated that the Castaways site is a priceless piece of property with one of the few locations in the City that provides views of the bay and the ocean. Mr. Skoro stated that the PB &R Commission at its July 7, 2003 meeting, unanimously recommended that the flat portion of the site be planted in grass to provide for a user friendly park and space for picnicking and other activities. He stated that the reason that the PB &R Commission has reversed itself on acceptance of the grants is because when the grants were applied for, the conditions of the grants were not made clear. He provided examples of the loss of control the City will experience at the site. He stated that the PB &R Commission desires to provide a user friendly park for the greater use and enjoyment of the residents, without having outside sources control and dictate what can be done. Mr. Skoro expressed his support for Option No. 7. Barbara Batson stated that the park does need attention, and that after the sprinklers were taken out years ago, much of the vegetation died. She stated that the biggest concern of the Castaways homeowners is that a green area will be added and there will be increased activity at the park, and noted that Bob Henry Park is already available for use. She stated that they'd like the park to stay natural looking and not become another mowed grass area. Charlie Vandervort, also representing his wife and the Dover Village Homeowners Association, stated that it is not in the City's best interest to allow outside interests to control what is done within the City. He requested that the City not accept the grant. He stated that no outside agency would be as responsive as the City to the needs and wishes of the City's residents. When the funds are available to improve Volume 56 - Page 415 City of Newport Beach Regular Meeting September 23, 2003 INDEX Castaways Fark, he requested that grass be planted to provide an area for visitors to use. Jan Debay expressed her understanding of the comments of the residents that abut the park, but stated that Castaways is a significant resource for the City. She stated that the location, and the unique public views and vistas should be open to all residents. She stated that the grant agreement invites restrictions and no management rights for twenty years, and is not a good idea. She stated that the conservancies' purpose is to provide an educational opportunity, but noted that there are already such educational resources in the City. Ms. Debay stated that perspective and balance are being lost. She requested that the City Council turn down the grants and expressed her support of Option No. 7. Paula Godfrey read from a letter, dated September 9, 2003, from Jo Vandervort, President of Speak Up Newport. The letter stated that at the August 15, 2003, meeting of the Board of Directors, it was unanimously voted to support the planting of environmentally friendly turf or a drought tolerant sedge -type grass in the area encircled by the asphalt path on the flat portion of Castaways Park. The Board also felt that any grants from outside agencies should be rejected, so that the City could maintain local control. Dennis Baker expressed his concern for refusing the grant and possibly jeopardizing future grants sought from the Coastal Conservancy. He stated that the City entered into an agreement and it would reflect poorly on the City if it canceled that agreement. Mr. Baker noted that even volunteers need funds to support their actions and, in addition, would hesitate to volunteer for efforts not in keeping with their own purpose. He stated that rejecting the grant would put that money back into the State's general fund, and no one else will be able to use it. He requested that the City Council abide by the agreement. Council Member Adams asked how Upper Bay funding would be jeopardized. Mr. Baker stated that the Newport Bay Naturalists and Friends deal with grants that the City is also a party to. He stated that it is difficult to get various projects done without grant funding. Linda Nichols, Earth Resources Foundation, stated that there are so few parks in Southern California that aren't devoted to green turf. She stated that only having these types of parks shows a lack of creativity and imagination. She suggested that the opportunity be given for the community to enjoy diversity and the diverse beauty that native plants provide. Ms. Nichols expressed her support for Option No. 1. She stated that this was the restoration plan that was agreed to, would require the least amount of irrigation and would be the most economically feasible plan to accept. She stated that if the City Council can't support Option No. 1, that they select Option No. 2, the compromise approved by the Coastal Conservancy. Mayor Bromberg stated that the President of Earth Resources Foundation also came out against the Lower Bayview Landing senior Volume 56 - Page 416 City of Newport Beach Regular Meeting September 23, 2003 INDEX housing project. Mayor Bromberg stated that their interest appears to be to leave both sites barren, and he didn't feel that this was in the best interest of the City. Ananya Mullane, Youth Program Coordinator for Earth Resources Foundation, stated that the students and the clubs support restoring the native habitat at Castaways Park. Nancy Skinner expressed her support for Option No. 1, and stated that Option No. 2 is also a satisfactory alternative. She stated that there wouldn't be any harm in accepting the grants, and returning the money later, if it doesn't work. She stated that the Castaways site is well used, and asked why the staff report indicates that views would be lost under Option No. 1. City Manager Bludau stated that the views would still be there, but the public's access would be restricted to certain locations. Jan Vandersloot, Stop Polluting Our Newport (SPOAi), stated that SPON's position is that native planting should occur at the Castaways site and the grant should be accepted. Dr. Vandersloot stated that the non - native plants will not be removed until the native replacement plants have reached sufficient height. He stated that this flexibility should be confirmed with the Coastal Conservancy. He also clarified that the public will not be restricted from visiting any part of the park, except temporarily during the establishment period of new plantings. He, additionally, noted that once irrigation is returned to the park, it will look as desired. He requested that the City consider California Environmental Quality Act (CEQA) documentation and the Coastal Commission requirements when installing permanent irrigation. In closing, Dr. Vandersloot stated that Castaways is a unique opportunity to restore native habitat which everyone can enjoy. He requested that the grants be given a chance to work. John Greenlee, Greenlee Nursery, stated that there are native plants that can bridge the gap between lawn and native prairie. He stated that the City has an incredible opportunity to plant a native sedge meadow, the first of its kind, and that it would also provide an area of native grass that can actually be used by the public. He urged the City Council to at least consider Option No. 2 and if not, to consider putting in the finest sedge meadow ever made. Council Member Adams asked for a clarification on Mr. Greenlee's comment that sedge is native to the site. Mr. Greenlee stated that he disagrees with Mr. Evans and believes that native sedges were a large part of the ecology. He stated that needle grass would also be native to the area, but it wouldn't able to be used in the same way as sedge. In response to Mayor Bromberg's question, Mr. Greenlee stated that Option No. 2 allows the planting of some sedge, just not the entire area. He added that nurseries are just now growing the sedge in quantity, indicating that it's new to the landscape trade but not new to nature. Mayor Bromberg asked why environmentalists appear to be opposed to planting sedge. Mr. Greenlee stated that he didn't know why, and that Volume 56 - Page 417 City of Newport Beach Regular Meeting September 23, 2003 INDEX there are plenty of other areas on the site to demonstrate other species. He encouraged the City to be the first to create a native, usable park. Council Member Webb asked how long it would take sedge to establish before it could be walked upon. Mr. Greenlee responded that it would take 60 to 90 days, depending upon the time of year it was planted. He added that there would be many opportunities to accessorize it with other native plants, and to mow only parts of it. City Manager Bludau stated that the issue was explored and both conservancies felt that it didn't fall into the purposes of the grant, which seeks to have a variety of plants on the site and a wide plant palate of native grasses and plants on the site. Council Member Webb asked if the conservancies were concerned about public access. City Manager Bludau stated that they felt that throwing frisbees and having picnics were uses that they considered to be too active. Carolyn Slayback expressed her support for Option No. 1, and hoped that the City Council would honor the longstanding commitment to revegetate the area. She stated that the grassy area at Cliff Drive Park is empty 95% of the time, indicating that another grassy area is not needed. She stated that what is needed is the uniqueness and diversity that the Castaways site could offer. Don Krotee, Newport Beach Improvement Association, stated that a survey he conducted showed support for leaving Castaways as a natural park. He stated that the site is unique, and that the net present value of the agreement and the impact of letting it go need to be taken into consideration. He stated that in his experience, the conservancies are flexible. Deanna Epley stated that native plants have many colors. She read from an Orange County Register article which stated that maintaining a nature park costs approximately $50 to 5100 per acre annually, while a developed park costs approximately $18,000 annually. She stated that this translates to $34,000 to maintain all of Castaways as a nature park and $6.1 million as a developed park over a 20 -year period. Ms. Epley also expressed her concern for the additional irrigation that would be needed for a developed park and the issues that would be associated with that. She stated that if sedge is planted, that it be planted in pieces. She expressed her support for a passive park. Using a map display, City Manager Bludau pointed out the areas on the site that would be planted with native sedge, under Option No. 2. Motion by Council Member Webb to 1) approve Option No. 7, the phased development of the central meadow area of the Park with California Meadow Sedge grass and irrigation; 2) approve an additional $75,000 in City funding to develop first phase of the project; and 3) abandon the California Coastal Conservancy and Nature Conservancy grants. Council Member Webb stated that the grant should respectfully be declined. He noted that the agreement includes provisions for either Volume 56 - Page 418 City of Newport Beach Regular Meeting September 23, 2003 INDEX party to cancel the agreement with seven days notice, and that any money spent by the Coastal Conservancy, would be paid back by the City. Council Member Adams stated that there appears to be possible impacts of turning down the grants, and that Option No. 2 would still provide for sedge grass along the view areas, while giving an opportunity to see how it works. He stated that later, it could be increased by paying back the grants and canceling the agreements. Council Member Adams stated that the fear for planting the whole meadow in sedge seems to be that it would look like a manicured lawn, but by planting it in a small area only, it would provide an example of what it would look like and that a decision to change it could still be made later, if desired. Substitute Motion by Council Member Adams to: 1) approve Option No. 2, an amendment to the Revegetation Plan to install native grass and permanent irrigation in a strip area totaling 33,400 square feet (approximately '/, acre) along eastern boundary of the central meadow; and 2) approve additional funding in the amount of $30,400 for the amendment features ($25,000) and the project shortfall ($5,400). City Attorney Burnham stated that the entire grant may not need to be reimbursed, if the decision is made later to cancel the agreement. Council Member Webb read the Coastal Conservancy report and stated that it appears that the Coastal Conservancy doesn't like the idea of people accessing, using and wandering through the area. He added that the written documents that have been approved don't agree with the interpretations that have been made, specifically noting plant removals. Council Member Webb stated that Option No. 2 will limit the City on what it can do, but that if it is selected, he suggested that additional conditions be considered. Additionally, he didn't believe that a small area of sedge grass will provide the use area that is desired by many, and that there is already substantial open space in the community. He added, however, that he doesn't agree with a turf area that would allow for high activity use or require excessive irrigation. He stated that Option No. 7 is a phased option and would create a native, attractive park. Mayor Pro Tem Ridgeway stated that he supports Option No. 2 and feels that the ad hoc committee negotiated in good faith. He agreed, however, that there are inconsistencies in what is in the agreement and the interpretations that are being made, but felt that the agreement should be kept. He also agreed that there is substantial open space in the City, but that Option No. 2 provides the City with some flexibility on what can be done on the site. He stated that the park has been, and will be, accessible and noted that the current use is minimal. He encouraged more people to visit the park, and felt that Option No. 2 would help, since it would add grass and improve the site. Council Member Heffernan stated that the views at the site are startling and some of the best in the City, but that there are few places Volume 56 - Page 419 City of Newport Beach Regular Meeting September 23, 2003 to sit and enjoy them. He stated that it's such a wonderful asset to the City, that he'd like to see it get more use. Council Member Heffernan expressed his support of Option No. 2 and, additionally, felt that some benches should be added along the walkway to encourage people to visit the site and enjoy the views. Mayor Pro Tem Ridgeway asked if Council Member Adams would amend his motion to request that the existing trees remain until the replacement trees reach sufficient size. Council Member Adams stated that he could agree to the amendment if it were acceptable to the grantors and wouldn't disturb the agreement. Amended Substitute Motion by Council Member Adams to: 1) approve Option No. 2, an amendment to the Revegetation Plan to install native grass and permanent irrigation in a strip area totaling 33,400 square feet (approximately '/4 acre) along eastern boundary of the central meadow; 2) approve additional funding in the amount of $30,400 for the amendment features ($25,000) and the project shortfall ($5,400); and 3) request that the existing trees remain until the replacement trees reach sufficient size, if this is acceptable with the grantors. Council Member Webb stated that it might be appropriate to include such wording in the agreement. Council Member Nichols stated that he can't support Option No. 2 because he feels that the City should have control over its parks. Mayor Bromberg stated that the City is environmentally sensitive and the City Council, at the same time, must be fiscally responsible. He stated that the site is valuable and it is a concern that an outside agency would have control over it. He noted, however, that the City does have the option to cancel the agreement at any time and felt that many of the speakers at the current meeting, who spoke in support of keeping the agreement, also acknowledged that it should at least be given a try, since it could be cancelled. Mayor Bromberg also recognized those that spoke in opposition to making the site more user - friendly and their proximity to the property. He stated that a balance needs to be reached and expressed his support for Option No. 2, because it gives the City options. He stated that the agreement should be honored and given a chance, but that he wouldn't hesitate to give the grant money back if more sedge is desired in the future. The amended substitute motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Mayor Bromberg Noes: Webb, Nichols Abstain: None Absent: Proctor 10. PRELIMINARY REPORT OF THE CITY COUNCIL AD HOC LEGAL SERVICES COMMITTEE RELATIVE TO: (A) THE Volume 56 - Page 420 INDEX C -3003 Ad Hoc Legal City of Newport Beach Regular Meeting September 23, 2003 IN PROCESS FOR SELECTING A SUCCESSOR TO THE CITY ATTORNEY; AND (B) RECOMMENDED MODIFICATIONS TO THE CURRENT AGREEMENT BETWEEN THE CITY AND THE CITY ATTORNEY. City Manager Bludau stated that Council Member Heffernan, Mayor Pro Tem Ridgeway and Mayor Bromberg served on the Ad Hoc Legal Services Committee. He read from the staff report, which listed the recommendations made by the Committee. He also noted the recommendations provided in the supplemental staff report. Motion by Mayor Pro Tem Ridgeway to accept the recommendations relative to: (1) the process for selecting a successor to the current City Attorney; and (2) authorize the Mayor to execute modifications to the current employment agreement between the City and the City Attorney as specified in the staff report and after review of the amendments by independent counsel, and as amended by the supplemental report to include (a) a rollover of accumulated sick leave and flex leave into a deferred compensation account, if permitted by law, and (b) the right to participate in any supplemental retirement or health insurance program that becomes effective prior to the City Attorney's retirement date provided he satisfies conditions to participation that are applicable to other management employees. Council Member Heffernan asked what the addition of 60 administrative leave hours means. City Manager Bludau explained that the management positions don't get paid overtime, and that administrative leave hours are provided in lieu of this. City Manager Bludau also noted the recommendations provided in the supplemental staff report. Mayor Pro Tem Ridgeway stated that the recommendations in the supplemental staff report were a part of his motion. City Attorney Burnham explained that the briefing memos, mentioned in the Committee's recommendations, would be four to five pages each and would relate to the special projects that he's worked on over the past 23 years. He added that the one dealing with the John Wayne Airport would probably be closer to 20 or 25 pages. He stated that this would provide his successor with information and insight on the issues that he's worked on and the unique provisions of law that apply to the City. The motion carried by the following roll call vote Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor MOTION FOR RECONSIDERATION - None Volume 56 - Page 421 INDEX Services Committee / City Attorney Contract Amendment (24/38) City of Newport Beach Regular Meeting September 23, 2003 Q. ADJOURNMENT at 11:30 p.m. INDEX The agenda for the Regular Meeting was posted on September 17, 2003, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Mayor j' so k 11 11 City Clerk Volume 56 - Page 422