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HomeMy WebLinkAbout01 - Minutes - 1-27-2004City Council Meeting February 10, 2004 Agenda Item No. 1 0 CITY OF NEWPORT BEACH City Council Minutes Study Session January 27, 2004 - 4:00 p.m. ROLL CALL INDEX Present: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Heffernan requested clarification on whether the order of business on tonight's agenda would be modified. City Manager Bludau confirmed that the order of business will remain as is since the item addressing this is the last item to be considered on the evening agenda. He reported that he plans to pull Items 9, 11, 16 & 17. 2. EQUESTRIANS AND NEWPORT BEACH'S ANIMAL WASTE • ORDINANCE. City Manager Bludau reported that this item has had a lot of play in the newspapers, however since it has not come to a Council meeting he felt the timing was right to have Assistant City Manager Kiff provide a PowerPoint presentation on the issue and what position staff has taken regarding the ordinance. Utilizing a PowerPoint presentation Assistant City Manager Kiff briefly reviewed what will be covered tonight: 1) why we're here; 2) what the municipal code says; 3) TMDL's; 4) why we're not just picking on horses; 5) what research tells us; 6) some going- forward options; and 7) where more information can be obtained. Mr. Kiff reported that a resident received an administrative citation on University Drive for not adequately picking up horse manure. He explained that on July 1, 2003 the City annexed east Santa Ana Heights (SAH) and subsequent to that staff received requests from residents along Cypress Avenue to appropriately sign and enforce the municipal code about animal nuisances. Staff believes it should be done as well, partly because of water quality protection. Subsequent to the issuance of the citation, members of the equestrian community from across the state and other states challenged the intent and practicality of the municipal code as it relates specifically to horses. Mr. Kiff reviewed Section 7.20.020 of the municipal code which states that if you have an animal it is unlawful to permit the animal to defecate on any public sidewalk, beach, park or on any other public property or on any private property • that isn't yours. It also says that if you are carrying or have control of an animal on public property you should have in your possession a device to clean or Volume 56 - Page 614 City of Newport Beach Study Session Minutes January 27, 2004 INDEX remove any feces deposited by the animals. He noted the exceptions outlined in Section C — an animal enrolled in an obedience class or a show for which the City has issued a permit or specifically a guide dog while being used by a blind person. Mr. Kiff explained that the Fecal Coliform TMDL ( FCTMDL) was approved in December of 1999 and basically it says that the entire bay (upper and lower) needs to meet water contact recreation standards for swimming, wading and surfing by 2014 and that we have to meet even tougher standards for shellfish harvesting by 2020. He further explained that a TMDL is a "total maximum daily load" which can be both a daily limit on a pollutant and a plan to achieve a daily limit (it sets the number and describes how you're going to get to that number). TMDLs have their roots in the federal Clean Water Act and the Section 303(d) List, which dates back to the 1970s. A Section 303(d) Listed body is one that it has it's beneficial uses impaired by poor water quality. The US EPA creates TMDLs and they do so after a stakeholder involved process, which is typically a very slow process. The process was faster for Newport Bay and it came as a result of Defend the Bay's lawsuit against the US EPA in the mid 1990s, when Defend the Bay said that the bay is in bad shape and not enough is being done to clean it up so the tools in the Clean Water Act need to be used to get it cleaned up. As a result of that lawsuit Newport Bay was the let California water body to have a TMDL, and in fact there are four of them. Using a map prepared in 1998, he showed where the impaired water bodies are in California, Nevada and Arizona, and noted that Newport Beach is 5 -10 years ahead of the curve in getting TMDLs. Newport Bay has four TMDLs because we are water . quality limited for four things: 1) excessive nutrients; 2) excessive sediment; 3) fecal coliform (FC); and 4) toxic pollutants. He noted that we don't know that FC makes people sick, but the regulatory agencies use it as an indicator of human waste that may carry with it viruses, parasites, etc. that are much more difficult to test for. FC is easy to see in the water after a short inexpensive test and the viruses and parasites are much harder, so US EPA uses the easier testing mechanism. The standard for FCTMDL is 200 colony forming units (cfu) per 100 ml, which is used by the County when testing water. He indicated that most of the bay meets the standard today, but some parts don't. The parts that don't are all the tributaries (Santa Ana/Delhi Channel, San Diego Creek, and Big Canyon Wash), almost all the storm drains that were sampled, and the bay water around part of Newport Island. The challenge that the City has is that this is a very stringent standard and science is incapable of identifying the source of the bacteria, so the lack of specificity is problematic because it is difficult to enforce something that can't be traced. Mr. Kiff explained that the City is not just picking on horses, but picking on everybody and noted that the City believes that it must address as many possible sources of FC as possible. He noted that restaurant hose -downs are a crime; the City has an aggressive grease interceptor inspection program; business owners have to recover wash water; there are penalties under consideration for excessive irrigation; building and grading codes have been changed; street sweeping is occurring more often; a new closed circuit TV system has been enacted for the sewers; and additional positions have been added in the Code & Water Quality Enforcement division. He provided examples of what types of things the City has done (signage, doggie bag dispensers, catch basin combos, etc.) and the issuance of hundreds of enforcement actions for NPDES violations. He further explained the storm • drain to sewer diversions, where the storm drain is intercepted and it is put into Volume 56 - Page 615 0 L J City of Newport Beach Study Session Minutes January 27, 2004 the sanitary sewer. He noted that the City has one in existence and another five are planned at a cost of $40,000 - $200,000 each. Mr. Kiff noted that there were 533 citations issued during the last 12 month period in the County and the City had 456 of those, which does not include what staff refers to as "knock & talks" where code enforcement tries to educate the people and change the behavior without an enforcement action. As far as what this costs the City, he noted that the Council has budgeted $2.2m to the NPDES program, which includes the alley sweeping, TMDL compliance and the Code & Water Quality Division; about $1.6m goes to comply with new regulations on the sewers to reduce sewer spills as a water quality contaminant; a Clean Beaches Initiative grant of $300,000 and $33.7m for habitat improvement. Without the habitat improvement money the City is roughly spending $4.75m annually to protect water quality. In response to Council Member Heffernan's question about how this compares to what was spent five years ago, City Manager Bludau estimated that at that time the City spent approximately $300,000. Mr. Kiff explained that as far as what is being spent by other cities, he said the information is only known anecdotally from reviewing reports that everyone is required to file. He noted that the coastal cities do spend more, but no one spends more per capita than Newport Beach because we have the TMDL obligation and also operate our own sewer system. In response to Council Member Nichols, Mr. Kiff indicated that if the City dropped the program the City would receive a letter from the regional board advising that we are out of compliance with the Storm Water Permit. The City was audited during the summer and received a fairly good audit review and a couple of items to work on. The consequence of being out of compliance can be upwards of fines of $25,000 per day. Council Member Nichols noted that it may be cheaper to go that way. Mayor Ridgeway explained that the perception that the City has dirty water would impact the City. He noted that the economic impact on the City of Huntington Beach when they were in violation of AB411 was tens of millions of dollars in lost revenue from the tourist trade during that summer. He noted that the impact on Newport Beach would be significant and the $25,000 /day fine would pale to the economic impact on the City. Mr. Kiff noted that the lines described are only State fines and the City would also be subject to federal fines and criminal violations. Mayor Ridgeway noted that Huntington Beach has eight diversion programs with the Sanitation District and Seal Beach has three and the capital improvement cost for each of those diversions is up to $300,000, and there will be an operational cost in the near future. Assistant City Manager Kiff said that if the City had it's druthers the FCTMDL would not be FC based since it is a poor indicator of human waste and it's almost impossible to effectively source it in a watershed. He noted that FC is also present in the intestinal tracts of many different species of animals. According to research, he noted that a horse can produce 230,000,000,000 cfu of FC bacteria in one day's worth of waste. He also noted that the University of Minnesota also says that E. coli (a type of FC) clearly comes from horses and another sources says it may contain bacteria of a fecal source. He noted that other research indicates that horse intestines don't contain the kinds of things that make people sick and that most viruses with zoonotic (animal -to -human transmission) are not in horse waste. Backcountry use of horses for recreational riding are unlikely to create a significant parasitic threat and another study says that a particular strain of E. coli is not significant in horse intestines. He noted that horse manure may be totally unlikely or very unlikely to threaten Volume 56 - Page 616 INDEX City of Newport Beach Study Session Minutes January 27, 2004 INDEX human health even in water, but the TMDL isn't a human health threat TMDL, not an E. coli 0157 TMDL, or not a human virus TMDL — it is a FC TMDL. As far what the City has done, Mr. Kiff explained that the area has been "signed ", has paid for waste can and shovels, corresponded about an "Adopt -A- Trail" program, and have issued one citation. From the staffs perspective, the main concern should be the removal of the waste from the hard surfaces so it doesn't get into the storm drain. He said there may be ways to do BMP's (best management practices) on the bridle trails, there could be an effective trail cleaning program, and the City clearly wants to send the message that the equestrian community is welcome in Newport Beach and Santa Ana Heights. Mr. Kiff noted that some of the things the City may want to consider are: 1) a licensing program for horses which would include a fee to cover increased trail maintenance and street sweeping; 2) a test period for the Adopt -A -Trail program; 3) continue with full enforcement of the ordinance; or 4) come back and decide if the letter of the ordinance should apply to street, sidewalk and driveways but a trail cleaning program for the bridle trails might suffice for that. He noted that the biggest concern from the City's perspective is the manure on the hard surface, especially right before a storm event that will be swept right into the storm drain and into the bay. Mayor Ridgeway explained that the NPDES permit is a master permit given to the County of Orange and then each of the 34 cities is a co- permittee with the County. He further noted that when SAH was part of the County, the County was not enforcing the permit in the east SAH area. Mr. Kiff said that it is his and staffs contention that the County should have been doing that in order to comply with the permit. He noted that the permit is very clear and says that a storm drains contribution to a waterway shall not cause or contribute to a water quality standard being exceeded and it's very clear that anything coming out of a storm drain can't adversely impact a waterway. Mayor Ridgeway noted that what is new to the community is not annexation but enforcement. In response to Council Member Webb's question regarding animal -based fertilizer, Mr. Kiff explained that it is usually comprised of waste from steers, chickens, bats, etc. and noted that the City now only uses synthetic fertilizers. He did note, however, that many people use horse manure for composting on a residential basis. Council Member Nichols said that from his perspective something that maybe the City should consider is that cities on the east coast were only putting in water treatment plants for their rivers in the 1970s and even today the City of Montreal does not have water treatment for sewage that goes into the St. Lawrence River. In most of the cities in Mexico there is not sewage treatment for the water that goes into the ocean. Now the City is talking about not only treatment of sewage but going way beyond that. He said that maybe the City needs to put a perspective on that and feed it back in and ask the people who are making up these laws to put it into perspective. He said that some of this has gone beyond the pale and if you look at the costs in the Back Bay if that liability falls on Newport Beach, the City would be bankrupt. He said maybe the City should get a big perspective on this and not just a little tiny one when some of these things are done. Council Member Webb said he feels the Council owes a clean bay to the citizens and as far as a perspective is concerned the City needs to do whatever is necessary to protect the water quality in the ocean and bays and he doesn't think that . asking for regulations to be changed is the way to go. Council Member Bromberg noted that the City of Newport Beach has taken it upon themselves to Volume 56 - Page 617 �J 0 City of Newport Beach Study Session Minutes January 27, 2004 INDEX become the textbook example of what water quality is supposed to be. tte said that both sides of the issue need to recognize that we have a responsibility to the residents, future residents and people in all protocols, as well as recreational visitors to the City. He said the City has the largest pleasure yacht harbor in the U.S. and an incredible Back Bay, so this does have to be done. Council Member Nichols commented that there has been almost nothing proven and of the diseases animals carry very few of them are passed on to humans. He said there has to be some kind of reasonability and knowledge and we need to ask them to come up with some better standards. He noted that throughout the country there have always been waters that you can't fish in and basically that has always been the case. He said that just because we have a little money doesn't mean that it should all go into a cause that is ridiculous and some of this is ridiculous. Council Member Bromberg reported that there are other waterways in this country and in the world where you cannot swim or fish because of the pollution but it is how that pollution got there in the first place that is the issue - because of irresponsible actions by governments and individuals. Tom Gey distributed copies of his testimony and thanked Mr. Kiff for his fair and balanced presentation. He noted that all of the equestrians in SAH are willing to do whatever is necessary to help Newport Beach meet their water quality requirements that are imposed by the Regional Water Quality Board. He noted that he feels it is impractical to ask riders to dismount and clean up immediately after their horse poops on the trail and noted the differences between picking up after a dog and a horse. He noted that the task on horseback is complicated by many factors such as: 1) dismounting and mounting safely; 2) carrying cleaning equipment; 3) tying up the animal since it requires two hands to do the clean up; and 4) the horses instinct to flee from danger. He noted that for most riders complying with the peeper scooper law goes beyond inconvenience to impractical and unsafe. He said he is not aware of any other equestrian zoned property in California that has a peeper scooper law that applies to horses. He pointed out that eliminating all horses from SAH will not eliminate the water quality problem in the Delhi Channel, which consistently rates above the TMDL level regardless of rain or shine. He said he feels it is incumbent upon the residents to provide some types of solutions and noted that the Back Bay Equestrians have suggested a couple of solutions: 1) Adopt -A- Trail; and 2) if that doesn't work he would be willing to enroll his property in a special tax assessment district and be taxed to have clean -up service provided by the City. Mayor Ridgeway expressed his appreciation for Mr. Gey presenting solutions and noted that there are 80,000 residents downstream from SAH that the Council has a concern for, as well as the 100,000 visitors per day in the summer. Sheila Ferguson, member of the Back Bay Equestrians, explained how "ponying" works with a child being led on a horse and then being in charge of two horses which makes it more difficult to pick up manure at the same time. She reiterated that the Back Bay Equestrians want to work together and asked the Council to give the Adopt -A -Trail program a try. She further explained that the trails are made of DG (decomposed granite), which allows a filtering process prior to the manure getting to the dirt. She noted that they aren't allowed to ride on dirt and are limited just to DG trails. Volume 56 - Page 618 City of Newport Beach Study Session Minutes January 27, 2004 INDEX Jayne Jones indicated that the residents want to help the City and indicated that they can provide more educational resources for the Council. She said that one of the things that is very important to them is to feel wanted and noted that the signs posted in the neighborhood do not portray that and everyone believes the City wants to get rid of horses. She said that the Back Back Equestrians are asking that the City remove the signs as soon as possible and allow them to work with Mr. Kiff to make their neighborhood a friendly community for equestrians. She said if the signs stay up the equestrians will go away. She noted that to put references to an ordinance on a sign that don't pertain to horses is inappropriate. She referenced ordinances related to livestock and said that they need to be updated. She indicated that she has advised the code enforcement staff members to call her and she'll pick up after the horses rather have someone cited. She indicated that they have a lot of solutions and again requested that the signs come down while they work with staff on revised ordinances that pertain to their specific area. She offered to bring in outside people to provide information on legal aspects, safety issues, and water quality issues. She questioned the reasoning behind the replacement of animal based fertilizers with chemical based fertilizers and noted that she would think they would be more disastrous to wildlife than organic fertilizers. City Manager Bludau explained that signage is a key component to enforcement, so if the City is going to enforce and write citations, then the signage needs to be in place so there is a knowledge that they are disobeying a law. He said he is unclear about the Adopt -A -Trail program, however understands that the clean -up would occur at the end of the day and questioned who would be cited if that doesn't happen. In response to questions raised by Council Member Heffernan, it was reported that there are over 100 horses in SAH. Mr. Kiff reminded the Council that when the SAH area was pre -zoned prior to annexation the City adopted the specific plan which includes the equestrian zoning. The ordinance citation referenced earlier about livestock says "uuless otherwise noted in Title 20", which is where the spec plan is located. Mr. Kiff noted that there are horses on approximately 50 -60 lots in SAH, and noted that boarding is specifically prohibited although it does occur. Holly Jarvis noted that this is a huge issue to the neighborhood and said that when the signs go up the property values are affected. She said they have been paying some people to clean up the trails once a week for the past two years which has been funded by donations from the equestrians in the neighborhood. She said it isn't that they are against picking up after the horses, but it is impractical and unsafe for probably 90% of the riders in the neighborhood. She said it is difficult for code enforcement to determine whose pile of manure is on the trail. She said a much better solution would be for a blanket type of clean- up and there needs to be a differentiation between the manure on the streets and the sidewalks that go straight to the storm drain and the manure that is on the established bridle trails. She indicated that they would like to work on a solution and noted that they know they are being held to a higher standard than other equestrian communities in the state and Newport Beach is the ouly city where riders are being asked to pick up after their horses as they ride. In response to the cost issue raised by Council Member Rosansky, she indicated that she thinks the person that cleans weekly is paid $10 -$20. Volume 56 - Page 619 El u City of Newport Beach Study Session Minutes January 27, 2004 INDEX Tom Anderson, President of the Equestrian Coalition of Orange County, said there are people all over the U.S. interested in this issue. He said they don't consider the back bay as being the purview of Newport Beach only but believe it is an estuary of prime interest to environmentalists, ecologists, equestrians, bikers, hikers, and many other people. He said he encourages riders to experience riding in Upper Newport Bay. Regarding the citation that was issued, he said he can think of no possible way that this woman with her clients, who was teaching an environmental class at the time, could have possibly known that she was going to be cited. She indicated that the signage was not within her view and she could not enter the staging area because the nature center was chained off at the time. She never saw the code enforcement official and she did clean up after her horses — she did everything she could possibly have done to be environmentally conscious and safe on this issue, yet she was issued a citation through the mail. He stated that she cleaned up with a pitchfork, which does leave residue. Stacey Phillips explained that the signage is a major issue for the equestrians because right now they can get citations and it is almost impossible to dismount immediately to clean up. She said a good solution which she thinks they're all willing to contribute to is to have someone daily come in and clean up the horse manure. She said the sign is basically saying don't ride because you can get a ticket. She reiterated that the trails are all DG and said that the manure on the hard surfaces wouldn't be much of an issue if there was a clean -up crew coming through daily. • Council Member Bromberg said he would like to see something come back on this which will give the residents an opportunity to work on this and that we provide a reasonable period of time when they have the responsibility to pay $20 /day to clean it up and the City monitors the situation. If it turns out that this isn't feasible and won't work, then we'll be back to citations. Council Member Webb agreed that if the users can take care of the problems that are occurring it would be great. He noted that last summer in Charleston the horses pulling carriages through town were wearing diapers, and if everything else fails it may need to be looked into. Council Member Rosansky lauded the residents for their Adopt -A -Trail solution, however said he isn't sure it will be the solution to a long -term problem. If staff is going to come back with proposals to solve the problem, he would like to see information on a licensing fee, which would be allocated towards taking care of the problem. If this were done the City would not have to rely on volunteers to do it and it would spread the burden amongst all of them and maybe then the signs could be removed. Council Member Heffernan noted that he was raised on a farm and had horses and noted that unfortunately they are in the path of progress. He noted that he can't wash his car in his driveway either so he sympathizes with them and said the clean -up crew may be a step in the right direction, as long as it is a reliable program. Mayor Ridgeway said he thinks everyone agrees that it is impractical and unsafe to get off a horse and pick up after them. As far as the signage issue he said he's unsure whether the City can work with them on that issue, however will leave that to Mr. Kiff and the code enforcement staff. He said the signs may need to be toned down, however if the signs are removed, the City will not be able to do any enforcement and that doing nothing is not an option. Mayor Pro • Tem Adams questioned whether the signs could be removed if the community agrees to the Adopt -A -Trail program for the short term until staff comes back Volume 56 - Page 620 City of Newport Beach Study Session Minutes January 27, 2004 K1 with a proposal for licensure and the City taking over the responsibility for a fee. Council Member Bromberg said he doesn't feel like the signs need to come down, but if the City is going to try the Adopt -A -Trail program there is nothing wrong with suspending enforcement during the trial period. Staff indicated that they will work with the direction provided and will bring this back to Council in 6 -8 weeks. BUILDING DEPARTMENT STAFFING LEVELS - CONTRACT PLAN CHECKERS VERSUS STAFF PLAN CHECKERS. City Manager Bludau introduced the item by stating that for a number of years the City of Newport Beach has conducted its plan check services partially by staff and partially by contracting out. It was done based on economic downturn in the early 90s and staff thinks it is time to revisit that issue based upon the number of plan checks done by staff and the number of plan checks that are sent to outside plan checkers. He said he is bringing this to the Council because he thinks it is a management and customer service issue that needs to be revisited. Mayor Ridgeway spoke in support of going in -house and hiring a couple of new staff members. Utilizing a PowerPoint presentation Building Director Elbettar explained that the presentation will explain the reasons why this is being brought before Council, will talk about the current staff, the historical review of construction activity and the current workload. Referring to an organizational chart in the presentation he indicated that staff is addressing the plan check function Currently there are four engineers used for in -house plan check in addition to four outside consultants and one geotechnical consultant for a total of five outside consultants. As background he indicated that the economy took a downturn in the early 90s. He indicated that the construction activity is measured in many ways and one is the construction valuation, which is basically the cost of the value of construction permits issued in the city. In 1994 the Building Department assumed plan check and inspection of fire alarms and sprinkler systems from the Fire Department in lieu of laying off one person due to the cutbacks. In 1995 the grading engineer position was eliminated due to the budget cutbacks and that same year the construction valuation was $79m and increased to $220m in 2000. Showing a chart which depicts the current valuation from 1993 to the current year, he said that the average construction valuation for the last seven years is $216m per year. Mr. Elbettar clarified that the $215m projected for 2004 represents the construction valuation of permits issued based on a regional formula and it is not the actual cost. He said staff feels the actual cost or value is a lot higher in the City. In response to Mayor Ridgeway's questions, he indicated that the additional positions would be self - funded by fees paid by the people coming to plan check. Mr. Bludau reiterated that he never wants to add staff without Council buying into it and noted that the City could hire one more plan checker and one more counter technician for about $111,000 or could hire two plan checkers and still in an anticipated downturn probably still have $40 -50m plans checked by outside plan checkers. He said his recommendation is that the staffing level provided by the City should be increased and the number of consultants be reduced. He noted that with the appeals he receives from contractors there are far more from outside plan checkers than from staff. Mayor Ridgeway again noted that this is self- Volume 56 - Page 621 INDEX (100/2004) • • City of Newport Beach Study Session Minutes January 27, 2004 • funding, the outside plan checkers have to be checked by staff, there is duplicate effort, wasted money and poor service. Mayor Pro Tem Adams disagreed and indicated he has issues with the proposal. Council Member Bromberg stated that Council often receives complaints about Building or Planning, however when reviewed, the complaints have always been about an outside plan checker. He noted that if it is self funding it will give the City a higher quality of service and said he has no problem with doing it. Mayor Pro Tem Adams indicated that it may be true that there are problems with outside plan checking as it is being done, however he questioned whether it is being done properly, are the right people being hired, and are they being held to a high enough standard. He indicated that they could be hired and they could work in -house at City desks. He said one of his questions is the costs that are being attributed to in-house staffing and questioned whether benefits were included. Mr. Bludau confirmed that benefits were included and this would be the total cost to the City. Mayor Pro Tem Adams stated that he made a promise a long time ago that he was going to resist adding City staff and he said his feeling is that if staff is added here then it has to be taken away somewhere else. He said he doesn't believe adding more people to the City payroll is the appropriate thing to do right now and he said he knows by his own experience that hiring consultants to work in- house does work. Mayor Ridgeway gave examples of his personal experience working with outside plan checkers and noted that he has also resisted the hiring of additional staff. He said the City has gone from an average of $95m to $216m per year and he doesn't see it decreasing, especially since the City has two new annexed areas and a potential third one. Mr. Elbettar reported that in • Newport Coast the City does not provide plan checks, but does provide secondary permits for properties that have turned over, however in Santa Ana Heights, the City has seen heavy activities for commercial buildings in the past two to three months. He went on to explain that the nature of the outsourcing for building plan check is different than for other services. He said many of the consultants don't have full-time staff, however just staff up based on their needs and tend to hire moonlight people. He indicated that the quality is not there since it is a very competitive business and they run a shoestring operation. Mayor Pro Tem Adams stressed that consideration needs to be given to hiring outside services on a full -time basis with them housed internally. Mr. Elbettar indicated that the cost would be outrageous ($120/hr.) since they run their business in mass production. He said another issue they deal with is with the actual revisions later on that are made to plans. The revisions slow the construction and the customers demand that the revisions be approved instantaneously. The in -house staff then has to deal with the revisions and they're not familiar with the project since they haven't checked them. He added that the staffing level of four plan checkers is similar to the same staffing level in 1980. Council Member Heffernan reiterated that he receives complaints all the time about the high fees and the lousy service, which exacerbates issues like loan closings, loan rates, additional rental costs, etc. He said he feels this is a critical service since the residents can't go anywhere else to get the service. He said if we can't do a good job we should either get out of the business or correct the problem or tell the residents we can't do it. Providing the services outside creates a huge bottleneck because it forces outside people to make decisions and then staff has to deal with it at the counter. He indicated that there will be a • downturn when interest rates go up, however at the same time there will be other issues dealing with remodels, tear-downs, that have previously been handled by the County. He reiterated that there is a problem and the City is Volume 56 - Page 622 INDEX City of Newport Beach Study Session Minutes January 27, 2004 INDEX not addressing the need and we're the only ones that can address it. Mayor Pro Tem Adams requested the courtesy of staff addressing his suggestion to see what the actual costs are for consultants providing personnel in- house. He said that the benefit of having consultants is that when they're not needed, they're gone and there is no question about it or the firing of City employees. He noted that for the privilege of that you pay some fee, which is maybe 8 %. Council Member Webb said he's watched the City grow over the years and watched the effort to maintain as low a level of staffing as possible, however we keep annexing and even though currently the building permits for Newport Coast are handled by the County, as those units are turned over there is going to be a tremendous demand for people to add facilities to their houses. The City is going to have to have staff to take care of it. He said he thinks Mr. Elbettar has done an excellent job of managing his staff. He said he can't quite figure out why that if we project that we're going to need a certain staffing level that we can't get that staffing level less expensively if they are hired City employees rather than paying for the employee, the benefits and the profit for the company. He questioned where the new staff members would be housed. Mr. Elbettar indicated that staff is looking for direction since currently staff is checking 31% of plans and the consultants are checking 69 %. He indicated that staff wanted to present Council with the facts — the current workload, what they're dealing with and then they can address other issues later. He indicated that all of the consultants services will not be traded off and outside consultants are usually used to address temporary needs and peaks in terms of construction and the economy. He said there has been a sustained construction activity over the last 7 -8 years that is way above what can be handled by the full -time staff. He said that if they wanted to eliminate consultants today, they would have to hire four engineers. He said that they need direction just to adjust the balance since it currently is not efficient to process all the permits and it isn't an effective service delivery for the customers. Council Member Webb questioned whether another trailer would be added if personnel is added. Mr. Elbettar pointed out that about 40 customers per day are assisted by an engineer, which is a full day's work, therefore they don t have time to check plans since they're at the counter all day. Council Member Heffernan noted that if there is all this construction activity, it increases the taxed assessed values as well, so if the City is doing this sort of volume then in fact revenue is not only received from the building permit but also revenue on an ongoing basis from increased property taxes. He indicated that this has nothing to do with a transfer of the property but has to do with a substantial construction activity triggering a re- assessment. He noted that the City is benefiting on a long -term basis as well as far as another revenue source. Mayor Pro Tem Adams questioned where new staff would be housed and what the cost would be until there is a new City Hall and questioned whether that cost has been included in the cost - benefit ratio. Mr. Bludau replied that it has not been and he thinks they could house one plan inspector and share a desk and if the Council goes with the recommendation of hiring two then space elsewhere will need to be considered. Mayor Pro Tem Adams reiterated that if the City is considering adding staff that the City take a very close and cautious examination of it and reiterated that he doesn t want to have to go through lay -offs at the City. Council Member Nichols said that the City also needs to look at quality and said he would hate to see another Getz issue arise again. Mayor Pro Tem Adams noted that the City could get creative and take the whole thing off -site and have a consultant provide a separate office to house a complete plan check operation and have a mix of consulting and City Volume 56 - Page 623 u 0 City of Newport Beach Study Session Minutes January 27, 2004 . staff. He agreed that there is a quality problem and using consultants working in their own offices using moonlighting city employees from other cities is not good and if that is what is happening, it is unacceptable. Mr. Bludau confirmed that staff will bring this item back after the research has been completed. PUBLIC COMMENTS -None ADJOURNMENT - at 5:45 p.m. The agenda for the Study Session 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 Recording Secretary Mayor Volume 56 - Page 624 INDEX City of Newport Beach Study Session Minutes January 27, 2004 INDEX THIS PAGE LEFT BLANK INTENTIONALLY Volume 56 - Page 625 • • CITY OF NEWPORT BEACH City Council Minutes D /� �� Regular Meeting DRA January 27, 2004 - 7:00 p.m. INDEX STUDY SESSION — 4:00 p.m. 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 Tem 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 MATTER WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,_ACTION OR REPORTINON- 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 2•d and 41h 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 planning to agendize the item at the Study Session on February 10, 2004. 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 R.osansky 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 MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR OR REGULAR MEETING OF JANUARY 18, 2004. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading Volume 56 - Page 627 0 0 1] City of Newport Beach Regular Meeting January 27, 2004 in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCEFOR ADOPTION INDEX 3. PA 2003 -149: PREZONING AND GENERAL PLAN AMENDMENTS (100 -2004) 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 (100 -2004) C -3681 Newport Blvd./ Hospital Road Right -Turn Modifications (381100 -2004) C -3682 GIS Based Traffic Collision Database (381100 -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. 21. 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) 0 0 • • 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 Bromberg 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 INDEX (100.2004) C -3680 Automatic Aid Agreement (38/100 -2004) City of Newport Beach Regular Meetfng 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 (100 -2004) u • City of Newport Beach Regular Meeting January 27, 2004 INDEX 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 Orozco 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 goad 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 Bromberg 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) • 0 • City of Newport Beach Regular Meeting January 27, 2004 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 Tern 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 INDEX 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 Mavor 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 1(100 -2004) 40 0 City of Newport Beach Regular Meeting January 27, 2004 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 Brombere 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 INDEX City of Newport Beach Regular Meeting January 27, 2004 INDEX able to readjust the order of items on the agenda, as it deems 14W 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 is 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 • L-] • City of Newport Beach Regular Meeting January 27,2004 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 (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 cant 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 20. City Clerk Harkless submitted the ballots to Associate Engineer Arciniega for counting. INDEX CALL FOR REVIEW OF ACCESSORY OUTDOOR DINING (100.2004) 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 City of Newport Beach Regular Meeting January 27, 2004 INDEX Council Member Nichols, speaking as a resident, stated that the outdoor __NW 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 Tem 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 A4ember Webb stated that six feet doesn't provide a barrier for Volume 56 - Page 643 City of Newport Beach Regular Meeting January 27, 2004 In customers and restaurant staff as they stand and walk. He further noted that the homes sit slightly higher than the restaurant. Amended motion b-,7-Ceuncil 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 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 lIN11 (100 -2004) City of Newport Beach Regular Meeting January 27, 2004 INDEX Mayor Ridgeway agreed with the comment made by Mayor Pro Tem qW 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 0 City of Newport Beach Regular Meeting January 27, 2004 INDEX 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 (100 -2004) 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 how 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 Bromberg 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 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: Drone 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) 0 0 City of Newport Beach Regular Meeting January 27, 2004 items and if they know if an item will not be pulled from the Consent Calendar, they can leave the meeting. Mayor Pro Tern 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 INDEX City of Newport Beach Regular Meeting January 27, 2004 .IiNFTs►'.i 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 Tern 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 Tern 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 Tern 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 call 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 currently written. 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 pan. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 651 IIa11)�►i \J •