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HomeMy WebLinkAbout01/27/2004 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 27, 2004 - 7:00 pan. - 4:00 p.m. X15. CLOSED SESSION - 5:45 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT - Mayor Ridgeway announced that the City Council did not make any decision to initiate litigation. Secondly, the City Council met with, and gave direction to, its real property negotiators with respect to the property at 1971 Mesa Drive and 20401 Acacia Street. Lastly, Mayor Ridgeway announced that the City Council conducted an evaluation of the City Manager, D. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Adams E. INVOCATION - Jim de Boom, Executive Director, Newport Mesa Irvine Interfaith Council. F. PRESENTATIONS - None 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 ITEM): • Mayor Ridgeway invited members of the community to apply for openings on the General Plan Advisory Committee (GPAC). He stated that the group generally meets on the 2nd and 4th Mondays of the month from 7:00 p.m. to 9:00 p.m. Applications are available in the City Clerk's office. • Mayor Pro Tem Adams confirmed with Assistant City Manager Wood that individuals with applications already on file do not need to submit new applications. • Council Member Nichols requested that the issue regarding drug and alcohol rehabilitation homes be addressed at a future meeting. City Volume 56 - Page 626 City of Newport Beach Regular Meeting January 27, 2004 INDEX Attorney Burnham stated that staff is the Study Session on February 10, 2004. to agendize the item at Council Member Bromberg requested that the issues regarding the Balboa Bay Club be agendized for a future Study Session. He specifically listed the City's role and involvement with the Balboa Bay Club, the history of the Balboa Bay Club, and parking and Coastal Commission issues. City Attorney Burnham noted that the Balboa Bay Club has prepared a revised parking plan and program to address the Coastal Commission issues. He suggested that the item be agendized after the Coastal Commission has responded to the plan. • Council Member Rosansky announced that the West Newport Beach Homeowners Association is sponsoring a water quality issues forum at the Council Chambers on January 28, 2004, at 7:00 p.m. He stated that the forum would be rebroadcast in February at 9:00 p.m. on Wednesdays and at 8:00 p.m. on Saturdays. • Council Member Heffernan announced that early voting for the Primary Election on March 2, 2004, will take place at the City Clerk's office from February 3, 2004, to February 20, 2004, from 9:00 a.m. to 4:00 p.m. He stated that the early voting program for Orange County residents will also take place at six malls and eight other cities. • Council Member Heffernan stated that there seems to be an increase in the number of businesses being required to obtain a City business license. He requested that a report be provided on who has to obtain a business license and who doesn't. • Council Member Heffernan requested that a status report be provided on the residential pier permit issue. He stated that the report should include information on who is looking into the matter, how the permits will be dealt with and when a budget report will be presented to the City Council. • Council Member Heffernan requested a disclosure timetable on the Marinapark issue on when information will be provided to the public, so that they can be informed and make a reasonable decision at the November 2004 election. • City Manager Bludau announced that the Red Cross will be conducting a blood drive at the General Services Department on January 28, 2004, from noon to 5:00 p.m. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR OR REGULAR MEETING OF JANUARY 13, 2004. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading Volume 56 - Page 627 City of Newport Beach Regular Meeting January 27, 2004 INDEX in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. PA 2003 -149: PREZONING AND GENERAL PLAN AMENDMENTS FOR ANNEXATION OF AREA 7 (GP 2003 -005 AND CA 2003 -006) AND THE EMERSON STREET AREA (GP 2003 -006 AND CA 2003 -007). Adopt Ordinance No. 2004 -1 approving Code Amendment Nos. 2003 -006 and 2003 -007. RESOLUTIONS FOR ADOPTION 4. ADOPTION OF REVISED EMERGENCY MANAGEMENT PLAN (EMP). 1) Adopt Resolution No. 2004 -7 revising the City's Emergency Management Plan pursuant to Chapter 2.20 of the NBMC and directing staff to submit it to the State of California Office of Emergency Services; and 2) rescind Resolution No. 2002 -37, adopted by City Council on June 11, 2002, which adopted the previous version of the City's Emergency Management Plan. 5. Item removed from the Consent Calendar by a member of the audience. CONTRACTS AND AGREEMENTS 6. Item removed from the Consent Calendar by a member of the audience. NEWPORT BOULEVARD/HOSPITAL ROAD RIGHT -TURN MODIFICATIONS - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING, INC. Approve Amendment No. 1 to Professional Services Agreement with W.G. Zimmerman Engineering, Inc. and authorize the Mayor and the City Clerk to execute the Amendment. 8. GIS BASED TRAFFIC COLLISION DATABASE — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CROSSROADS SOFTWARE, INC. 1) Approve a Professional Services Agreement with Crossroads Software, Inc. of Brea for development and implementation of a GIS Based Traffic Collision Database at a contract price of $50,000 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (BA -027) increasing revenue estimates by $50,000 in Fund 250 -4862, appropriate $50,000 in the Contributions Fund 250, and establish expenditure Account No. 7251- C5200743 with a $50,000 balance. MISCELLANEOUS ACTIONS 9. Item removed from the Consent Calendar by Council Member Heffernan. 10. ACCEPT ASSISTANCE TO FIREFIGHTERS GRANT. Volume 56 - Page 628 Ord 2004.1 Annexation/ Area 7 & Emerson Street (21/100 -2004) (100 -2004) C -3681 Newport Blvd./ Hospital Road Right -Turn Modifications (381100 -2004) C -3682 GIS Based Traffic Collision Database (38/100 -2004) 1) Accept 1 (100 -2004) City of Newport Beach Regular Meeting January 27, 2004 Federal Emergency Management Agency's United States Fire Administration Assistance to Firefighters Grant for $42,140 in funding for the Fire Operations and Firefighter Safety; and 2) approve a budget amendment (BA -026) appropriating the $42,140 grant funds and the needed 30% matching funds of $18,060 into Fire Department Account 2320 -4894. 11. Item removed from the Consent Calendar by Council Member Heffernan. 12. EMERGENCY WATER REPAIR AT JAMBOREE ROAD AND EAST COAST HIGHWAY. Approve the emergency expenditure of $58,195.88 from the Water Enterprise Fund to repair the 18 -inch water main break and pavement replacement in East Coast Highway at Jamboree Road. 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY FY 2003/04 AND APPROPRIATE FUNDS TO LITERACY SERVICES ACCOUNTS. Approve a budget amendment (BA -028) in the amount of $30,114. 14. Item removed from the Consent Calendar by Council Member Nichols. 15. APPROPRIATION OF $73,944.77 FROM THE AFFORDABLE HOUSING TRUST DEPOSIT TO ACCOUNT #0510 -8080 AND ACCOUNT #7014- C2700706 TO PAY VARIOUS LEGAL AND CONSULTING FEES RELATED TO BAYVIEW LANDING COASTAL COMMISSION ENTITLEMENT. Approve budget amendment (BA -029) appropriating $65,368.70 from the Affordable Housing Trust Deposit to City Attorney's Professional Services account and $8,576.07 to the Bayview Affordable Housing CIP account. 16. Item removed from the Consent Calendar by Council Member Heffernan. 17. Item removed from the Consent Calendar by Council Member Heffernan. Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except for those items removed (5, 6, 9, 11, 14, 16 and 17); and noting the abstention of Mayor Pro Tem Adams on Item No. 1 and the abstention of Mayor Ridgeway on Item No. 3. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR Volume 56 - Page 629 INDEX (100 -2004) (100 -2004) (100.2004) City of Newport Beach Regular Meeting January 27, 2004 5. RESOLUTION REGARDING A PROPOSITION 40 GRANT FOR THE CORONA DEL MAR BEACHGOER AMENITY PROJECT. Ron Winship stated that on a recent trip to Florida, he noticed how white the sand was and remembered that it used to be that way in Newport Beach. He suggested that the Corona del Mar Beachgoer Amenity Project include restoration of the sand at Big Corona. Council Member Nichols stated that a meeting was held on January 26, 2004, with the residents that live along the bluff in Corona del Mar. He stated that they expressed their ideas for Corona del Mar. Council Member Nichols suggested that the same type of meeting be held for the lower beach and that the overall project be reviewed. Motion by Council Member Bromber¢ to adopt Resolution No. 2004 -8 allowing the City to apply for a Proposition 40 grant under the Urban Park Act of 2001 Program. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: None 6. AUTOMATIC AID AGREEMENT FOR FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF HUNTINGTON BEACH. Dolores Otting expressed her understanding that the Memorandum of Understanding (MOLD with Huntington Beach is the result of the City withdrawing from the Central Net Operations Authority (CNOA) in October of 2003. She asked why the City isn't entering into similar mutual aid agreements with Irvine, Laguna Beach or Costa Mesa. Additionally, Ms. Otting asked where the City's dispatch is currently located and why the City isn't working with Costa Mesa on training. Fire Chief Riley explained that the City was involved in two joint power authorities, which included CNOA for training and communications. He stated that the communications portion was consolidated with Metro Net, and that the City is still a member of Metro Net for emergency communication systems and 911 fire calls. The City is no longer a member of CNOA, which was also used to manage the City's neighboring automatic aid agreements. This has resulted in the need to enter into agreements with Costa Mesa, Laguna Beach, the Orange County Fire Authority and Huntington Beach. Motion by Mayor Pro Tem Adams to approve the Automatic Aid Agreement for Fire, Rescue and Emergency Medical Services between the City of Newport Beach and the City of Huntington Beach and authorize the Mayor to execute the agreement. Volume 56 - Page 630 QVI-ITO q, (100 -2004) C -3680 Automatic Aid Agreement (38/100 -2004) City of Newport Beach Regular Meeting January 27, 2004 The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 9. ADOPTION OF A COUNCIL POLICY ESTABLISHING GUIDELINES FOR INVOCATIONS. Council Member Heffernan asked why the item was agendized on the Consent Calendar, and why it was being considered at the current meeting when the court ruling that prompted the policy occurred in 2002. He asked what other cities are doing in response to the court ruling and what the downside to the City would be if nothing were done. Council Member Heffernan also asked for a better explanation of what can be said during an invocation and how the City will enforce the policy. As a matter of introduction, City Attorney Burnham explained that the California Court of Appeals ruled that a prayer given by a chaplain at a Burbank City Council meeting, which referred to "Jesus Christ", constituted sectarian prayer and violated the Establishment Clause. He stated that since the ruling, Newport Beach staff has looked at the available options and what other cities are doing. He stated that the recommended policy would allow invocations to continue in a manner consistent with the court ruling. City Attorney Burnham reported that some cities decided to discontinue invocations, other cities didn't begin meetings with an invocation anyway, other cities adopted similar guidelines as those being proposed and still other cities chose to ignore the ruling. City Attorney Burnham stated that the ruling is binding on the City of Newport Beach and by ignoring it, the City could open itself up to a lawsuit. Council Member Heffernan asked what the neighboring cities are doing. City Attorney Burnham stated that Laguna Beach and Huntington Beach do not currently commence their meetings with an invocation. City Attorney Burnham added that it can be difficult to determine what is, and what is not, sectarian prayer. Council Member Heffernan asked how the City is implicated by the action taken by a volunteer who provides an invocation. City Attorney Burnham stated that the invocation is on the agenda, given in a public forum and authorized by the City. Mayor Pro Tem Adams asked what would happen if an invocee violated the new policy. City Attorney Burnham stated that an enforcement mechanism is not included in the recommended policy. It is assumed that the invocees will comply with the guidelines. Mayor Ridgeway asked if the use of the word "God" or "Lord" would be considered sectarian. City Attorney Burnham stated that he didn't feel that it would. He added that the use of "Jesus Christ" or "Allah" would be considered sectarian, since it is referring to a specific figure associated with a particular religion. Volume 56 - Page 631 INDEX 1 (100 -2004) City of Newport Beach Regular Meeting January 27, 2004 uii 7 Council Member Webb asked if the use of "Heavenly Father' could be used. City Attorney Burnham stated that it is a phrase that is associated with the Christian religion and would not be permitted. Council Member Bromberg stated that he is familiar with the Rubin vs. City of Burbank case, and that there were actually two plaintiffs involved, one of the Jewish faith and the other of the Christian faith. Council Member Bromberg stated that their premise for filing the lawsuit was that not all faiths could participate if certain words were used. He stated that the case specifically referenced "God" and "Lord' as being okay to use. Council Member Bromberg stated that religious issues are important to many people and everybody should be able to participate. He encouraged those interested in learning more about the case to access the information on the internet. Council Member Nichols stated that the invocees should have the ability to say what they want. He stated that there should be openness and government should not be restricted. Mayor Ridgeway agreed that a person speaking at the lectern should be able to say what they want. He stated that the invocees will have to use their discretion once provided with the City's guidelines. Referring to the length of time between the case and the matter being considered by the City Council, City Attorney Burnham noted that the decision wasn't final until May of 2003. Council Member Heffernan asked if it is enough for the City to provide the invocees with the guidelines, or if the City should approve the text that the invocees plan to read at the meeting. City Attorney Burnham stated that the courts determined that requiring the text prior to the meeting would not be considered censorship, but that he doesn't know of any cities that are doing this. He added that about ten to twelve cities have guidelines similar to those being recommended and that the guidelines should insulate the City from any liability. Dolores Otting asked why the item was agendized as a Consent Calendar item. City Manager Bludau stated that he is responsible for placing the item on the Consent Calendar, and felt that it was the law of the land and would most likely not require discussion. Ron Winship stated that laws take away the rights of the people. He further stated that there should not be one church in the City that does not have the opportunity to provide an invocation. He agreed that providing the invocees with guidelines would be okay. City Attorney Burnham stated that staff is recommending guidelines only and there is nothing to prevent any church from being given the opportunity to provide an invocation. Jim Hildreth stated that once provided with the guidelines, the invocees will know what they can and cannot say. He stated that free speech Volume 56 - Page 632 City of Newport Beach Regular Meeting January 27, 2004 INDEX should be allowed, however, and that their words could be beneficial to the City and the City Council. He disagreed with adopting guidelines. Linda Orozoo stated that the purpose of the invocation at the beginning of a meeting should be to provide a moment of meditation and reflection, and not just to recognize the role of freedom of religion as reported in the staff report. Mayor Ridgeway asked if meditation or a moment of silence should be incorporated into the new policy. City Attorney Burnham stated that it's not necessary, but is an option that the City Council could consider. Council Member Nichols stated that invocations should not be eliminated. Mayor Ridgeway stated that, as Mayor, he will encourage invocations at every meeting. Council Member Nichols stated that some court decisions in the Country have been found to be wrong in the past. He stated that the Supreme Court has found the United States to be a Christian nation and religion should not be eliminated. He stated that guidelines could be made available, but that people's expression of their beliefs should not be restricted. Council Member Bromberg stated that the court did not address the issue of invocations being appropriate, only the words that are used. Motion by Mayor Pro Tem Adams to adopt the draft Council Policy (A -19) attached as Exhibit A to the staff report. Mayor Ridgeway agreed that the diversity of the religious institutions in the City should have the right to say what they want. They will be presented with the guidelines, but he won't be offended if they go outside of the limitations. Council Member Heffernan stated that he would prefer not to adopt the policy and to see if there's a problem in the future. He stated that he'd rather have broad based invocations coming from many different religions than to restrain invocees from speaking their beliefs. City Attorney Burnham noted that the Supreme Court has not ruled that the United States is a Christian nation. Additionally, he stated that the guidelines would not prohibit any specific religion from offering words of inspiration and wisdom. Mayor Pro Tem Adams stated that it does preclude some from praying in a way that they're not accustomed to. In reference to the comments made by Council Member Heffernan, Council Member Bromberg stated that the court ruling does not prohibit the use of the word "God" or "Lord ". Council Member Heffernan stated that his concern is for expressions that Volume 56 - Page 633 City of Newport Beach Regular Meeting January 27, 2004 might be read from the Bible, for example, and considered to be sectarian. He stated that he can't support the policy if it has a chilling effect on the invocees. City Attorney Burnham stated that some may end up being reluctant to give an invocation based on the guidelines, but it might be appropriate to see how the policy works over a period of time. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 11. ANNUAL CITY RECYCLING REPORT. Council Member Heffernan stated that the City is mandated by the State to meet certain guidelines for recycling. Referring to the staff report, he asked how the City knows it is reaching the 52% reported. Mayor Ridgeway stated that anyone that is interested in the process should go to a Material Recovery Facility (MRF). He stated that he separates his own trash. Council Member Heffernan stated that he can't understand how some materials can be recycled. General Services Director Niederhaus stated that the City has recycled as high as 27% to 30% of household waste. The City gets the bulk of its recycling from public works projects that require contractors to recycle material such as concrete, asphalt and wood. He stated that the City also targets and monitors demolition projects. Council Member Heffernan asked how Newport Beach compares to cities that provide multiple bins to their customers for separation of trash prior to pickup. General Services Director Niederhaus stated that Irvine, for example, had problems with scavengers taking aluminum cans from the recycling bins. He stated that multiple bins can be confusing to the customers and can be a particular problem in Newport Beach, since 42% of the homes are non -owner occupied. He noted that Newport Beach is one of eight cities that met the 50% recycling rate requirement and most of the others had mixed waste processing also. Council Member Bromberg stated that many people can't understand how household waste is recycled in Newport Beach. He stated that visiting a MRF can provide the answer. The process uses a huge conveyor belt with workers actually separating the trash, item by item. Mayor Ridgeway stated that part of the education process is to have individuals separate their own trash. He stated that he is confident that the recyclables are removed at the MRF. Dolores Otting stated that green waste accounts for 17% to 33% of the trash weight, yet the City doesn't have a green waste program. She stated that the recyclables that are separated by the customers in some cities often end up at the landfill anyway, and that MRF's are just Volume 56 - Page 634 INDEX (100 -2004) City of Newport Beach Regular Meeting January 27, 2004 landfills that have been moved inside. She stated that one solution that works is to reduce the amount of packaging. Jim Hildreth stated that the refuse workers do a good job. He stated that the Stanton facility is a huge conveyor belt and he's concerned for the safety at the facility. He stated that donations should be considered as recycling, since the products do not reach the landfill. He suggested that the City consider supporting the collection of donations and recyclables. Motion by Council Member Brombere to approve the submission of the 2002 Annual City Recycling Report to the California Integrated Waste Management Board. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 14. ANNUAL NARCOTICS ASSET FORFEITURE REPORT 2003 (JANUARY 1, 2003 THROUGH DECEMBER 31, 2003) [INFORMATION ONLY]. Council Member Nichols asked for an explanation of the asset forfeiture, how the figures are calculated and what they imply, and how the program works and where the forfeitures are from. City Manager Bludau stated that currency forfeitures come from money that has been confiscated, usually found when drug arrests are made. If, for example, a boat is confiscated, it would be listed as a property forfeiture. Motion by Council Member Webb to receive and file. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 16. CITY OF IRVINE NOTICE OF PREPARATION OF DRAFT SUPPLEMENTAL EIR FOR CENTRAL PARK PROJECT IN THE IRVINE BUSINESS COMPLEX. Council Member Heffernan asked what influence Newport Beach can have over the City of Irvine on the project. Assistant City Manager Wood stated that she attended an Irvine Planning Commission Study Session the week prior, where the increase in residential development in the Irvine Business Complex was discussed. She stated that she spoke on behalf of the City and expressed concern for the impacts on Newport Beach, and the hope that an environmental analysis and a full public Volume 56 - Page 635 INDEX (100 -2004) (100 -2004) City of Newport Beach Regular Meeting January 27, 2004 INDEX review process would be conducted. Assistant City Manager Wood stated that another thing the City can do is to follow projects all the way through the development review process. Council Member Heffernan asked if the City can voice its objection to a project. City Manager Bludau stated that it's up to the City Council, but that Irvine has gotten the message that Newport Beach will be looking at projects that affect the City. Mayor Pro Tem Adams added that by commenting on the Environmental Impact Report (EIR), Newport Beach is also protecting its right to litigate. City Attorney Burnham stated that the City has submitted extensive comments on projects in the past, and that some changes were made in response to those comments. Council Member Nichols complimented Robert Hawkins, Chair of the Environmental Quality Affairs Committee (EQAC), for his efforts. Council Member Nichols stated that the site in question used to be very low density, and that the new project is major and should require rezoning. He stated that it's appropriate for the City to submit the comments. He suggested that Robert Hawkins be included as a cosigner. Council Member Bromberg also complimented Robert Hawkins and EQAC. Council Member Bromberg stated that he also had the concern for Irvine even caring about the comments submitted by Newport Beach. He stated that they are listening, however, and realize the traffic impact that the project could have on Newport Beach. Council Member Bromberg felt that Irvine might take mitigation measures to address the problems. Ron Winship stated that the developments have self- contained exposed power stations. He stated that power stations are an eyesore and the City should also address this issue. Mayor Ridgeway stated that aesthetics are a part of the EIR. Jim Hildreth stated that everything that goes on in the area of the project goes downstream into the Back Bay, and that this issue also needs to be considered. He stated that it seems that the project will also overpopulate the area. Additionally, Irvine has a pipeline in Upper Bay that is undersized. Mr. Hildreth stated that Irvine doesn't seem to care about what is downstream. He stated that they should consider the density of the project and if the Back Bay will be kept as clean as possible. Robert Hawkins, EQAC Chair, encouraged anyone interested in serving on EQAC, a 21- member volunteer committee, to submit an application. Mr. Hawkins stated that the notice of preparation for the project indicates that the project will have approximately 1,400 single family residences, a mixed use of retail and office, and a pedestrian bridge. He stated that the City will have the opportunity to comment on the draft EIR. Mr. Hawkins stated that the plans for the Irvine Business Complex are astonishing, noting that it is converting a business complex to a residential complex. He added that he felt that the project will be the Volume 56 - Page 636 City of Newport Beach Regular Meeting January 27, 2004 first of many similar projects. Mr. Hawkins felt that the letter to Irvine should come from the Mayor, although recommended that EQAC be mentioned as having reviewed the project. Council Member Nichols confirmed with Mr. Hawkins that the site is 48 acres, and stated that the housing will be dense. Council Member Nichols stated that there isn't any green space included in the plans either, and Mr. Hawkins stated that EQAC also had a concern about the recreational aspects of the project. Assistant City Manager Wood stated that she didn't believe that the proposal is to completely convert the Irvine Business Complex from office and industrial to residential, but rather to make it easier for some of the conversions to occur. Council Member Webb stated that Irvine is trying to put together a dense residential community that would be pedestrian friendly. He stated that they plan to provide less parking to encourage pedestrian activities, but are using this reduced number in analyzing traffic generation. Council Member Webb expressed his concern for making such an assumption. Assistant City Manager Wood stated that the Irvine Planning Commissioners also expressed this concern and requested additional information. Council Member Heffernan stated that the Jamboree Road corridor is increasing in density, which means that there is a market for housing in the area. Council Member Heffernan expressed his concern for Irvine potentially giving less consideration to mitigation issues for projects on the perimeter of their city versus those that are in the core residential areas. Council Member Nichols stated that there was also a transfer of rights to build at the density proposed. Mayor Ridgeway noted that they also agreed to do a full supplemental EIR. Motion by Mayor Pro Tem Adams to approve and authorize the Mayor to send the comments, as amended to include reference to EQAC having reviewed the project. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 17. COUNTY OF ORANGE NOTICE OF PREPARATION FOR DRAFT SUPPLEMENTAL EIR FOR PELICAN HILLS RESORT IN NEWPORT COAST. Volume 56 - Page 637 INDEX (100 -2004) City of Newport Beach Regular Meeting January 27, 2004 INDEX Council Member Heffernan reported that 70 people attended the scoping meeting, and that the project involves a 204 -room hotel, 76 villas and 58 casitas. He noted that the approvals are through the County and not the City, and that The Irvine Company is proposing to utilize roughly half of their entitlements for the area. Council Member Heffernan added that the homeowners in the area were also previously advised of the project. Mayor Ridgeway further noted that the Coastal/Bay Water Quality Committee was presented with a report by The Irvine Company on how water will be handled. Mayor Ridgeway stated that no water will run off the project. It will be captured onsite, clarified and reused. Jim Hildreth expressed his assumption that the project must be grandfathered in. He hoped they would do a good job and that the sewer system would be able to handle the water that is being recycled. Robert Hawkins, EQAC Chair, recommended that EQAC be mentioned as having reviewed the project. Council Member Nichols stated that the project that was previously presented to the homeowners is quite different than the project currently under consideration. He stated that the EIR should address the differences, including the traffic which will change due to the change in the density of the project. Council Member Nichols stated that a full EIR is needed and that the project should be considered a new project. Motion by Council Member Bromberg to approve and authorize the Mayor to send the comments, as amended to include reference to EQAC having reviewed the project. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None K- PUBLIC COMMENTS Pat Krone, Orange County Human Relations Commissioner, provided copies of their annual report and their current newsletter. She stated that Human Relations services are provided Countywide, and listed the services performed in Newport Beach during the past year. Ms. Krone presented the City with a Certificate of Recognition and stated that by supporting Human Relations, the City is helping to ensure that Orange County remains a safe and respectful community. Ron Winship referred to the City code dealing with horse manure, and stated that he doesn't think such a code exists in other cities and that it shouldn't apply to the newly- annexed area of Santa Ana Heights. Mr. Winship presented the Mayor with a sign that read, "Manure Happens ". Secondly, Mr. Winship stated that the City Council should be Volume 56 - Page 638 City of Newport Beach Regular Meeting January 27, 2004 INDEX able to readjust the order of items on the agenda, as it deems appropriate, when an item has several people in attendance. Lastly, Mr. Winship stated that if he were to win the lottery, he would buy and demolish Promontory Point and the Downey Savings Complex to bring back the views. Don McGee referred to the City code dealing with horse manure and suggested that it would not have been written if it applied to those with money. He stated that it is salacious to ask horse owners to pickup after their horses to keep the manure from running off into the Back Bay. Mr. McGee referred to the possibility of a desalination plant in the area and stated that it would only be to provide water for more development, and is not in line with the goals of the code dealing with horse manure. Robert Walchli stated that he has learned that someone is planning to install a 15 -foot dolphin monument at Inspiration Point. He stated that he's sure their intentions are good, but he questioned if they'd fully considered the impact of the location and the effect on public and private views. He suggested that those that are interested in the issue to notify the Parks, Beaches & Recreation Commission at, or prior to, their meeting on February 3, 2004. He stated that community input should be sought. Jim Hildreth displayed a photo showing a structure that was classified as a dock, but is actually classified as platform and steps for accessing locations in the Grand Canal. The City removed the structure and installed a ladder for public access, which he stated is not suitable. Mr. Hildreth displayed a photo of this also. He stated that no one in the Grand Canal is paying for a shore mooring, as there are none in the Grand Canal. He stated that any mooring structures should be removed, yet they haven't. He stated that he and the City agree on this. Linda Orozco stated that neighbors of hers have recruited drug and alcohol addicts from across the nation to receive drug treatment, detoxification and counseling. She stated that she has reported the problems associated with the facility to the City and the City has ignored the current zoning ordinances. She stated that dozens of rehabilitation centers operate out of homes throughout the City and particularly on the peninsula. Ms. Orozco requested that the City enforce the current codes. Jerry Marshall stated that the drug rehabilitation centers in Newport Beach perform a service. He acknowledged the City Council for the good work that they do. Mayor Ridgeway announced that the regulation of drug and alcohol rehabilitation homes would be addressed at the Study Session on February 10, 2004. Dolores Otting asked for an explanation of what constitutes a public hearing. She stated that the current meeting only has two public hearings, yet the phrase "public hearing" is used throughout the meeting. She stated that "public comments" or "public testimony" would be more accurate. Additionally, Ms. Otting thanked Council Member Heffernan Volume 56 - Page 639 City of Newport Beach Regular Meeting January 27, 2004 for bringing up the issue of business licenses. City Attorney Burnham stated that there are few public hearings, but that all of the items discussed are on the public agenda and the public has the right to speak on every item. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC). No report. Status report - Local Coastal Program Certification Committee. Mayor Ridgeway reported that the Committee met the week prior. The Planning Department is in the process of preparing the draft document, which will be available for public review. Assistant City Manager Wood stated that the implementation plan will follow separately. Status report - Newport Coast Advisory Committee (NCAC). Council Member Heffernan reported that the NCAC will meet on February 2, 2004, at 5:30 p.m. He stated that the topic of discussion will be the community center and that a recommendation for the City Council to consider is expected to be reached. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb reported that the Committee will meet on February 11, 2004. Status report - Other Committee Activities. Council Member Bromberg announced that the Aviation Committee will meet on February 2, 2004, at 8:30 a.m. Council Member Nichols complimented EQAC for the work done on the review of the Central Park Project and the Pelican Hills Resort. Council Member Rosansky reported that the Santa Ana River Flood Protection Agency met on January 22, 2004, and that the permits to clear the debris and growth in the Santa Ana River have been obtained. Work is expected to begin on February 1, 2004, and completed by the end of March 2004. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR JANUARY 22, 2004. [Meeting cancelled due to lack of business]. N. PUBLIC HEARINGS 19. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 75 BALBOA BUSINESS DISTRICT AND DESIGNATION OF THIS AREA AS AN UNDERGROUND UTILITIES DISTRICT. Mayor Ridgeway announced that this public hearing is being held to hear protests or objections to the Resolution of Intention, Assessment Engineer's Report, proposed assessments and all other matters relating Volume 56 - Page 640 INDEX 1(100 -2004) Assessment District No. 75 Balboa Business District (89/101 -2004) City of Newport Beach Regular Meeting January 27, 2004 INDEX to Assessment District No. 75, and for designation of the area as an underground utilities district. He noted that all written protests and ballots must be received by the City Clerk prior to the close of the public hearing. Mayor Ridgeway opened the public hearing. City Clerk Harkless announced that the notice of public hearing was given in the manner and form as required by law. John Friedrich, GFB Friedrich & Associates, designated assessment engineer, stated that the rate was based on modified front footage and the type of plan use for the parcels. He stated that all of the assessments were based on special benefit, as required by Proposition 218, and announced that one change was made since the resolution of initiation. He explained that it was determined that one of the parcels already had telephone service, so that aspect was removed. Specifically, the assessment was changed from $15,415.90 to $7,707.95 on Assessment No. 8. Jim Hildreth stated that the undergrounding of utilities on Balboa Island did not include a federal income tax component of contribution. He stated that the undergrounding of utilities is expensive and he hoped that a notice had been sent for those that may not be able to afford it. Mr. Hildreth stated that those being assessed should plan to have battery backup for their electricity, since electricity and water don't mix. He also expressed his hope that all precautions will be taken to insure that water quality in the harbor will not be affected. Mari Kosger, Ocean Front property owner, stated that every year, she struggles to pay her property taxes. She stated that the assessment is large and she's concerned about having her utilities disconnected if she can't pay it. She stated that the project will also improve the property values in the area, which may raise property taxes even more. Mayor Ridgeway stated that property taxes are established at the time a property is purchased, pursuant to Proposition 13. He added that the City recently spent over $9 million to improve the neighborhood. Ms. Kosger stated that she appreciates the improvements, but thinks that assistance should be provided to the property owners. She stated that she can't afford it. Council Member Bromberg stated that the City has a procedure to advance the funds to property owners that are in a hardship situation. He encouraged Ms. Kosger to contact the Public Works Director to receive additional information. He further explained that alien is placed on the property while the money is being loaned. Robert Walchli stated that the sooner the undergrounding is done, the less money it will cost. The cost will only go up in future years. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Volume 56 - Page 641 City of Newport Beach Regular Meeting January 27, 2004 City Clerk Harkless submitted the ballots to Associate Engineer Arciniega for counting. 20. CALL FOR REVIEW OF ACCESSORY OUTDOOR DINING PERMIT NO. 2003 -002 - 440 HELIOTROPE AVENUE (PA2003 -087). Council Member Nichols recused himself from voting on the matter due to the proximity of his residence to 440 Heliotrope. Council Member Heffernan confirmed that it was Council Member Nichols that called the item up for review, and asked if he appealed it as a council member or as a member of the public. City Attorney Burnham stated that Council Member Nichols should not have participated in the decision to call the matter up for review as a council member if he had a conflict of interest, and should have paid a fee if he called it up as a resident. Council Member Nichols stated that he attempted to call the item up for review at the City Council meeting on January 13, 2004, but that the item was placed on the current agenda by the Planning Department. He asked if the item should even be considered. Council Member Heffernan asked if the item had been formally appealed. City Attorney Burnham stated that someone could have sued to challenge the decision to call the item up, but once it's called up and is on the agenda, any challenges would need to be handled by the courts and the matter should be discussed at the current meeting. Planning Director Temple stated that the decision was made by the Planning Department to allow a 250 - square foot outdoor dining area in the front of a restaurant along Heliotrope Avenue. Due to the proximity of the property to residences, staff was more conservative in the conditions imposed. She stated that the City Council has the discretion to overturn the decision. Planning Director Temple added that the existing tenant improvement permit is identical in floor area to the amount of floor area authorized by the use permit and two subsequent amendments. Council Member Webb asked for an explanation of the requirement to install a nine -foot high noise barrier. Planning Director Temple explained that it's essentially a glass screen, and not a solid barrier. Mayor Ridgeway opened the public hearing. Kurt Conrad, applicant, stated that he's been working with the City for about a year to bring the property up to code. He stated that he's in agreement with the 24 conditions set in the outdoor dining permit, but is questioning the requirement for a nine -foot wall. He provided a report from an acoustical engineer who performed a sound test, comparing a six- foot wall with an eight -foot wall. Mr. Conrad stated that it was found that a six-foot wall maintains the noise level below the maximum allowed, and wants the information to be considered. Volume 56 - Page 642 INDEX (100 -2004) City of Newport Beach Regular Meeting January 27, 2004 INDEX Council Member Nichols, speaking as a resident, stated that the outdoor patio should be no more than 25% of the interior area. The immediate neighbors to the restaurant have complained in the past about the noise from the restaurant, and noted that this was when there was no outdoor dining. He stated that a bar with outdoor seating near his residence has also caused problems. Council Member Nichols also asked if there should be additional parking required due to the addition of the outdoor dining. Lastly, he stated that the restaurant doesn't have a proper place for deliveries. Mayor Ridgeway confirmed with Planning Director Temple that the outdoor dining permit could be appealed if there are any violations of the conditions. Council Member Webb asked how the requirement for a nine -foot noise wall was determined. Planning Director Temple stated that the wall height has been used for other accessory dining permits in the past and has proven to be successful. Motion by Council Member Webb to uphold and affirm the decision of the Planning Director to approve Accessory Outdoor Dining Permit No, 2003 -002. With the exception of the two letters included with the staff report, Council Member Heffernan asked if additional input from the residents regarding the noise issue had been received by the City. Planning Director Temple responded in the negative, and added that there was notification to the residents, but no formal public hearing. Jim Chesebro stated that he submitted one of the letters. He spoke in support of keeping the wall at nine feet and also suggested that the wall be extended around to the side of the property. Planning Director Temple stated that the wall will wrap around. Mr. Conrad stated that a six-foot wall should be more than adequate, or an explanation of requiring a nine -foot wall be provided. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Mayor Ridgeway stated that a six-foot wall does appear to be adequate. Mayor Pro Tern Adams suggested that a six-foot wall could be approved with the condition that if the noise level is not kept below the maximum allowed, a nine -foot wall would be required. He stated that he'd like to assure the neighbors that noise will not be a problem. Mayor Ridgeway stated that nine feet does seem excessive. Council Member Bromberg stated that any complaints can be filed with the City's code enforcement personnel, who will visit the site and take a reading. Council Member Webb stated that six feet doesn't provide a barrier for Volume 56 - Page 643 City of Newport Beach Regular Meeting January 27, 2004 customers and restaurant staff as they stand and walk. He further noted that the homes sit slightly higher than the restaurant. Amended motion by Council Member Webb to uphold and affirm the decision of the Planning Director to approve Accessory Outdoor Dining Permit No. 2003 -002, amended to require an eight -foot high wall. The amended motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Adams, Webb, Mayor Ridgeway Noes: None Abstain: Nichols Absent: None O. CURRENT BUSINESS 21. INITIATION OF A MUNICIPAL CODE AMENDMENT TO TITLE 20 RELATED TO CITY COUNCIL CALLS FOR REVIEW OF PLANNING COMMISSION, PLANNING DIRECTOR OR MODIFICATIONS COMMITTEE ACTIONS. City Manager Bludau stated that the City Council discussed the amendment at its meeting on June 24, 2003. The recommended action at the current meeting is to formally initiate the code amendment. Motion by Mayor Pro Tern Adams to adopt Resolution No. 2004 -9 initiating an amendment to Chapter 20.95, Title 20 of the NBMC related to calls for review. Council Member Heffernan suggested that it would be more efficient for the council member that appeals an item to put the reason for the appeal in writing. City Attorney Burnham stated that it could be included in the ordinance. He added that it also needs to be determined if a call-up for review must occur at a City Council meeting or if notification would just need to be made with the Planning Department. City Attorney Burnham further noted that even though the reason for the appeal may be given, the item would still need to be heard De Novo. Council Member Heffernan asked why appeals wouldn't be limited to the reason for the call-up. Mayor Pro Tem Adams explained that once an aspect of a project is changed, it becomes a different project. City Attorney Burnham further noted that the City Council can change the code as it relates to whether the hearing on a call -up is De Novo or not, but that it would require a different code amendment initiation. In response to Council Member Heffernan's question, City Attorney Burnham stated that the City Council considered requiring two council members for call -ups so that there would be the indication that there was enough concern to warrant the staff time involved for call-ups and the inconvenience to the applicant. Volume 56 - Page 644 11013 (100 -2004) City of Newport Beach Regular Meeting January 27, 2004 INDEX Mayor Ridgeway agreed with the comment made by 1 Adams earlier that any appeals should be heard De Novo. Council Member Heffernan disagreed and stated that it doesn't seem fair to the applicant to have all of the conditions considered again when it may only be one condition that triggered the appeal. City Attorney Burnham stated that limiting the hearing could be complicated. He stated that it would be beneficial to know the reason for an appeal, but that he wouldn't recommend limiting the hearing to that reason. Mayor Pro Tem Adams agreed that it would be helpful to know the reason for an appeal, but that he's hesitant to make it a requirement. He stated that sometimes the reason for an appeal might be more general or broad. He suggested that it be encouraged, but not required. Mayor Ridgeway agreed and stated that it could be difficult to get both council members to agree on the wording of their appeal. Council Member Nichols asked if the code amendment would also apply to appeals made by the Planning Commission. City Attorney Burnham stated that staff would include some options in their recommendation for the City Council to consider. Referring to the Brown Act, Mayor Pro Tem Adams asked for staffs opinion on if a call-up should occur at a City Council meeting. City Attorney Burnham stated that he'd prefer that a call-up occur at a City Council meeting. He added that it may mean that the period for when a call-up can occur will need to be extended. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Adams, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 19. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 75 BALBOA BUSINESS DISTRICT AND DESIGNATION OF THIS AREA AS AN UNDERGROUND UTILITIES DISTRICT [continued from earlier in the meeting]. City Clerk Harkless announced that a total of 66 ballots were received for Assessment District No. 75, representing an assessment amount of $813,691.23. Thirty -three ballots were received in favor of the proposed assessment, representing an assessment amount of $374,143.92 or 45.98 %, and 33 ballots were received in opposition to the proposed assessment, representing an assessment amount of, $439,547.31 or 54.02 %. Mayor Ridgeway stated that it is the first assessment district that he recalls as having failed and that he's ashamed of the people that voted no. He stated that the City has been redeveloping the area and that it's been Volume 56 - Page 645 City of Newport Beach Regular Meeting January 27, 2004 done to benefit those that reside and work in the area. He stated that he's convinced that the City Council will now not move forward with Phase III of the Balboa Village project. Mayor Ridgeway expressed his disappointment. 22. STATUS REPORT ON CITY ATTORNEY RECRUITMENT PROCESS. City Manager Bludau stated the City Attorney Recruitment Committee is recommending that the advertising for the position open on February 2, 2004, and close on March 15, 2004, and that the initial screening process be accomplished by the Committee, with all of the council members receiving copies of all of the applications. The Committee is recommending that five to eight of the candidates be selected for interviews by the entire City Council, who would then make the final selection. Council Member Bromberg noted that the Committee also recommended that the position be advertised in the Los Angeles Times and the Orange County Register. City Manager Bludau stated that he would add those two items to the recommendation. Dolores Otting, speaking on behalf of Barry Allen, stated that the City Council should attempt to recruit an applicant with trial experience. Jim Hildreth noted an error in the staff report regarding the title of Council Member Bromberg. He stated that he hoped that the replacement would be as well versed as the current City Attorney. Linda Orozco asked bow the public would be able to participate in the process. City Manager Bludau stated that the community would be made aware of the process along the way, but the names of the applicants may not be revealed. Mayor Ridgeway agreed that confidentially would be required. Council Member Heffernan asked how the interviews by the City Council would be conducted. City Attorney Burnham stated that the City Council is entitled to go into Closed Session to discuss the appointment of any employee. Motion by Council Member Brombere to accept the report and approve the recruitment process recommendation; and adopt Resolution No. 2004 -10 extending the Committee's term to no later than July 14, 2004. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Adams, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Volume 56 - Page 646 INDEX (100 -2004) City of Newport Beach Regular Meeting January 27, 2004 23. ESTABLISHMENT OF A CITY COUNCIL COMMITTEE TO INITIATE THE PLANNING OF ACTIVITIES AND MATERIALS TO CELEBRATE THE CITY OF NEWPORT BEACH'S 100TH ANNIVERSARY AS AN INCORPORATED CITY. Mayor Ridgeway appointed Council Member Webb as Chair, Council Member Bromberg and Mayor Pro Tem Adams to serve on the Committee. Motion by Mayor Ridgeway to confirm the appointment of Council Member Webb as Chair, Council Member Bromberg and Mayor Pro Tem Adams to serve on the Committee. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Adams, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Motion by Mayor Pro Tem Adams to adopt Resolution No. 2004 -11 creating the City Centennial 2006 Committee. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Adams, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 24. REVISION TO COUNCIL POLICY A -10, "PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS" AS IT PERTAINS TO SPEAKER TIME LIMITS AND TO COUNCIL POLICY A -6, "OPEN MEETING POLICIES" AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. Mayor Pro Tem Adams asked for the logic behind moving public hearings to after the Consent Calendar vote, but before addressing those items removed from the Consent Calendar. Mayor Ridgeway stated that the recommendation attempts to maintain the efficiency and integrity of the public process. He stated that often public hearings have a number of people in attendance at a meeting and it seems unfair to those people to have to wait for a hearing that has been noticed. Mayor Pro Tem Adams stated that it might make more sense to move public hearings to before the Consent Calendar vote and keep the Consent Calendar process together. City Manager Bludau stated that often many people are in attendance at the meeting for Consent Calendar Volume 56 - Page 647 INDEX (100 -2004) (100 -2004) City of Newport Beach Regular Meeting January 27, 2004 INDEX items and if they know if an item will not be pulled from the Consent Calendar, they can leave the meeting. Mayor Pro Tem Adams agreed with the logic behind the recommendation. Mayor Ridgeway stated that the recommendation would be to vote on the Consent Calendar, for those items that have not been pulled. Public hearings would then be heard, and then the items removed from the Consent Calendar would be discussed. The recommendation also includes reducing the time allowed speakers on Consent Calendar items from five minutes to three minutes. Motion by Mayor Ridgeway to approve the revisions to Council Policies A -10 and A -6. Dolores Otting reported on the number of items that have been pulled from the Consent Calendar in recent meetings. She noted that in most cases the items were removed from the Consent Calendar by a council member or staff. She further noted that some of the items pulled should not have been on the Consent Calendar to begin with. Ms. Otting stated that she also had a problem accessing staff reports on the internet earlier in the day. Lastly, she spoke in opposition to reducing the time allowed speakers, but advised Mr. Hildreth that he should take less time when possible. Robert Walchli stated that a majority of the time spent on items is by council members and staff, and not by the public. He stated that many of the issues on the Consent Calendar are the first and only time, the public has the opportunity to comment on them. Public opinion allows the City Council to make wise decisions on certain matters. Mr. Walchli stated that he feels it is his duty to speak up when he feels that freedom and democracy are being threatened. Mr. Walchli agreed that Mr. Hildreth abuses the system, but that he has the right to be heard. Mr. Walchli stated that others should not have to fight for their right to speak due to the actions of one person. Jim Hildreth stated that the minutes are not working and don't mean anything. He admitted that he is obstinate, but stated that the City has lied and he has had to ask the City Council repeatedly to correct the matter regarding access in the Grand Canal. Mr. Hildreth stated that he can't understand why the City Council doesn't want to hear the public. He stated that the public has the right to be heard, that there should be adequate notification of items on the agenda and adequate time allowed to speakers at the meetings. Linda Orozco stated that it is difficult to get an idea across in only three minutes. Referring to the staff report and the ability for a presiding officer to grant a speaker additional time, Ms. Orozco stated that she has asked for additional time herself in the past, and it has never been granted. She stated that she understands the need for limitations, but that she's disappointed to see the recommendation being considered. She asked what will be gained by decreasing the time allowed speakers by two minutes versus the ill will that will be created. Volume 56 - Page 648 City of Newport Beach Regular Meeting January 27, 2004 INDEX Brian Clarkson, FreeNewport.com, agreed with the recommendation to rearrange the agenda if the goal is to be more efficient, but questioned the placing of important issues at the end. Additionally, he asked why council member announcements are at the beginning of the meeting. He stated that it would be more logical to have them at the end of the meeting and after Public Comments. In regard to reducing the time allowed to speakers on Consent Calendar items, he stated that if it's being done because of the action of one individual, it isn't fair to those that have legitimate concerns on items. It also raises the concern for placing on item on the Consent Calendar as a way to limit speakers to three minutes on the item. Mayor Pro Tem Adams stated that when he was Mayor, he established the item for council member announcements. He stated that it was placed at the beginning of the agenda, so that the announcements were made when the majority of people were in attendance at the meeting. Council Member Heffernan confirmed with the City Clerk that an analysis of how much time is spent at meetings on public testimony has not been done. City Manager Bludau stated that he is the one that determines if an item should be placed on the Consent Calendar and noted that the threshold for pulling items from the Consent Calendar has seemed to change over the past several months. He stated that he doesn't know why, but he will attempt to more vigilant. Mayor Ridgeway withdrew his motion. Mayor Pro Tem Adams stated that he could not support the recommendation to reduce a speaker's time on a Consent Calendar item, noting that it does open up the possibility of manipulating speaker time on certain items. He stated that if an item is pulled from the Consent Calendar and the speaker's time is the same, it shouldn't matter whether it was on the Consent Calendar or not. He stated that few people abuse the five - minute limitation. Council Member Webb stated that the recommendation to rearrange the agenda does serve the larger group of people in attendance at a meeting, but that the time limits could remain the same. Mayor Pro Tem Adams stated that if a situation arises that appears to be a problem, the City Council can rearrange the order of the items at that given meeting. He stated that it's illogical to do it on a regular basis. He noted, for example, an item that has expensive consultants in attendance, and stated that the City Council might decide to move that item to earlier in the meeting. Council Member Webb stated that the time of the public is just as valuable. Mayor Pro Tem Adams noted that it's the public's money that's being used to pay for the consultants. He stated that the current procedure has Volume 56 - Page 649 City of Newport Beach Regular Meeting January 27, 2004 INDEX been working and individual situations can still be addressed. In response to earlier comments, Council Member Bromberg stated that it's inappropriate for the public to criticize the council members on how long they speak. He stated that the council members are the policy makers for the City, and the public has the right to run for City Council and to vote for whom they choose. In regard to rearranging the agenda, Council Member Bromberg stated that possibly the City Council has been too sensitive in the past to taking items out of order unless it was absolutely necessary. Council Member Heffernan stated that he has been responsible for pulling many items from the Consent Calendar and that it has often been done to highlight items of importance to the viewing public. He stated that the City Manager is not to blame. Council Member Heffernan spoke in opposition to reducing the time allowed to speakers and in support of rearranging the agenda, as recommended. Council Member Rosansky also agreed that five minutes is appropriate and that he would support the rearrangement of the agenda. Mayor Ridgeway stated that rearrangement can also happen on an ad hoc basis at each meeting. Council Member Nichols stated that it's important for the council members to have discussions on items at the meetings, since the meetings are where the discussions can legally occur. Motion by Council Member Webb to approve the revisions to Council Policy A -6. City Clerk Harkless noted that if the City Manager determines that an item should not be placed on the Consent Calendar, it would most likely be placed under Current Business, which occurs at the end of the meeting. Secondly, City Clerk Harkless announced that agenda packets are delivered to the council members on the Wednesdays preceding the City Council meetings, are available to the public in the City Clerk's office at 8:00 a.m. on the Thursdays preceding the City Council meetings, and are also available on the internet the Thursday, and often the Wednesday, preceding the meeting. Mayor Ridgeway stated that the City Council already has the ability to adjust the agenda on any given meeting, and that it can be done without changing the policy. The motion carried by the following roll can vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols Noes: Adams, Mayor Ridgeway Abstain: None Absent: None Motion by Mayor Pro Tern Adams to retain Council Policy A -10, as Volume 56 - Page 650 City of Newport Beach Regular Meeting January 27, 2004 Mayor Ridgeway thanked those that spoke at the current meeting on the issue, particularly those that let Mr. Hildreth know that his actions are often unacceptable. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT at 10:55 p.m. in memory of Hans Prager. The agenda for the Regular Meeting was posted on January 21, 2004, at 3:30 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk L1 0,4 �� '�4 Recording Secretary Mayor l Volume 56 - Page 651 INDEX