Loading...
HomeMy WebLinkAbout12/09/1996 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 9, 1996 - 7:00 p.m. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Absent: None Pledge of Allegiance - Council Member Hedges. Invocation by Reverend Father Bob Puhlman, Our Lady Queen of Angels. Motion by Mayor Pro Tem Edwards to waive reading of the minutes of the Regular Meeting of November 25, 1996, approve as written and order filed; and to waive reading of the Ordinances and Resolutions under consideration, and direct the City Clerk to read by titles only. The motion carried by the following roll call vote: Ayes: O Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None • MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): Council Member Glover requested a report on what it cost to repaintlrepair the old California light standards compared to the cost to replace them. Mayor Debay announced that the Board of Supervisors will vote on Tuesday, December 10, 1996 on the El Toro airport issue. She explained that a table will be set up in the lobby for residents who wish to testify to register. Mayor Pro Tem Edwards reiterated the importance of this hearing and thanked everyone who has been involved in the process. CONSENT CALENDAR RESOLUTIONS FOR ADOPTION 1. ADOPT RESOLUTION NO. 96-99 ORDERING THE SUMMARY VACATION AND ABANDONMENT OF AN UNUSED EASEMENT FOR STREET AND HIGHWAY PURPOSES, GENERALLY REFERRED TO AS OLD UNIVERSITY DRIVE. Adopt resolution and direct the City Clerk to have the resolution recorded by the County Recorder. 2. ADOPT RESOLUTION NO. 96.100 MODIFYING THE FINANCE • COMMITTEE AND RESOLUTION NO. 96-101 ESTABLISHING THE HARBOR, BEACHES AND PARKS COMMITTEE. CONTRACTS AND AGREEMENTS 3. BALBOA BOULEVARD STREET RECONSTRUCTION FROM 14TH STREET TO 16TH STREET (CONTRACT NO. 3118). Award Contract Volume 50 - Page 386 Old Univ Dr Vacation Res 96-99 (90) Finance/Harbor, Beaches & Parks Res 96-100/100 (24) Balboa Blvd St Reconst City of Newport Beach City Council Minutes December 9, 1996 No. 3118 to Clayton Engineering for the total price of $776,544.90 and provide for a contract contingency amount of $38,850 for unexpected conditions, and authorize the Mayor and City Clerk to execute the contract. 04. NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS (CONTRACT NO. 2886) AND BUDGET AMENDMENT (BA -019) FOR A CONTRIBUTION FROM THE COUNTY SANITATION DISTRICTS OF ORANGE COUNTY IN THE AMOUNT OF $397,540. Approve two amendments to the Consultant Agreement with Moffatt & Nichols Engineers, and authorize the Mayor and City Clerk to execute the amendments; approve a Cooperation and Reimbursement Agreement with the County Sanitation Districts of Orange County, and authorize the Mayor and the City Clerk to execute the agreement; and authorize a budget amendment to provide for a $397,540 contribution from the County Sanitation Districts of Orange County to cover the cost of design and construction of CSDOC facilities along with the Arches interchange project. 5. THREE PARTY AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, COSTA MESA SANITARY DISTRICT AND ORANGE COUNTY DEVELOPMENT AGENCY (CONTRACT NO. 2931) AND BUDGET AMENDMENT (BA -020) FOR A $231,000 CONTRIBUTION FROM THE ORANGE COUNTY DEVELOPMENT AGENCY. Approve the three party agreement concerning design and construction of sanitary sewer facilities within Birch Street and Bristol Street and reimbursement of associated costs; authorize the Mayor and City Clerk to sign the agreement on behalf of the City; and authorize approval of Budget Amendment 020 to reflect a $231,000 contribution from the Orange County Development • Agency. 6. BIRCH STREET BRIDGE WIDENING OVER STATE ROUTE 73 (CONTRACT NO. 2931). Approve Amendment No. 2 to Consultant Agreement with Willdan Associates for additional civil engineering services and increase the compensation by $31,842; and authorize the Mayor and the City Clerk to sign Amendment No. 2 on behalf of the City. 7. Removed from Consent Calendar. MISCELLANEOUS ACTIONS 8. PLANNING COMMISSION AGENDA FOR DECEMBER 5, 1996. 9. Removed from Consent Calendar. 10. Removed from Consent Calendar. 11. Removed from Consent Calendar. 12. TRACT NO. 14533 (A portion of Block 92, Irvine's subdivision, located at 2001 Newport Hills Drive West on the northwesterly side of Newport Hills Drive West between Port Wheeler Place and Port Stanhope Place in the Harbor View Hills Planned Community). Approve the improvement plans and specifications and accept the public . improvements constructed in conjunction with Tract No. 14533; approve a Warranty Agreement for construction of storm drain improvements warranting the 24" storm drain improvements crossing Newport Hills Drive West at Port Carlow Circle for 24 months and authorize the Mayor and City Clerk to execute the agreement; authorize the City Clerk to release the subdivision faithful performance bond (Bond No. 161216S); and authorize Volume 50 - Page 387 INDEX C-3118 (38) Newport Blvd/ PCH Arches C-2886 (38) BA -019 (40) Birch & Bristol Sts Sanitary Sewer Fac/CNB CMSD/OCDA C-2931 (38) Birch St Bridge/ Willdan C-2931 (38) Planning (68) Tract No 14533 City of Newport Beach City Council Minutes December 9, 1996 INDEX Volume 50 - Page 388 the City Clerk to release the subdivision labor and material bond (Bond No. 1612165) in six months provided no claims have been filed. 13. BICYCLE/MOTOR VEHICLE TRAFFIC COLLISIONS REPORT. BTCAC (24) Receive the Bicycle Trails Citizens' Advisory Committee Report and direct • staff to work with the Bicycle Trails Citizens' Advisory Committee and Caltrans to implement improvements to the City's Bicycle Trails System, where feasible. 14. RECLASSIFICATION OF DOVER DRIVE BETWEEN CLIFF DRIVE PW/Reclass AND WESTCLIFF DRIVE. Receive and file. Dover Dr (74) 15. NEWPORT BEACH RESTAURANT IMPROVEMENT DISTRICT 1997 NBBID (27) ANNUAL REPORT AND DISTRICT RENEWAL. Approve Newport Res 96-102 Beach Restaurant Improvement District 1997 Annual Report; adopt Resolution of Intention No. 96-102 and set the public hearing for January 13, 1997. 16. Removed from Consent Calendar. 17. ORANGE COUNTY COUNCIL OF GOVERNMENTS STATUS OCCOG (54) REPORT (Requested by Council Member Glover). Receive and file report and continue to pursue revisions to OCCOG Board membership. 18. PUBLIC SAFETY AUGMENTATION (PROPOSITION 172) FUND Public Safety MAINTENANCE OF EFFORT (MOE) CERTIFICATION. Define public (Prop 172) MOE safety services, for purpose of the Proposition 172 MOE requirement, to (40) include all Police and Fire & Marine Department activities (excluding any asset forfeiture funds), and approve the attached Maintenance of Effort • Certification Form for the 1994-95, 1995-96, and 1996-97 fiscal years for submittal to the County Auditor -Controller before December 31, 1996. S22. REVISED STANDARD DRAWING OF INTERSECTION SIGHT PW (74) DISTANCE REQUIREMENTS. Approve revised Standard Drawing STD - 110 -L. Intersection Line of Sight Requirements. S23. NEWPORT CENTER DRIVE RESTRIPING PLANS. Approve the plans Newport Center for restriping the outer half of Newport Center Drive and direct staff to issue Drive (68) an encroachment permit to The Irvine Company to perform the work. S24. AMENDMENT TO SETTLEMENT AGREEMENT IRWD, OCWD AND IRWD/OCWD CITY. Approve the 2nd Amendment to the Settlement Agreement between & CNB Sttlmnt the City, IRWD, and OCWD amending Section 6 and the date to reach Agrmt Amend agreement with IRWD on the County Sanitation District Outfall Facility. C-3096 (38) Motion by Mayor Pro Tem Edwards to approve the Consent Calendar, except for those items removed (7, 9, 10, 11 & 16). The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None • ITEMS REMOVED FROM THE CONSENT CALENDAR 7. GREEN ACRES END USER AGREEMENTS. Green Acres End User Agreements Council Member Hedges explained that this item deals with the Green Acres NBCC/BCCC & Volume 50 - Page 388 City of Newport Beach City Council Minutes December 9, 1996 End User Agreements, which are before the Council tonight as a result of negotiations which would have taken place in any event but were accelerated because of the Irvine Ranch Water District's (IRWD) proposal to discharge reclaimed water into the Upper Newport Bay. He said that he • pulled this item because he believes it is incumbent upon the City Council to let the public know what is in these agreements, how they came about and what they will mean in the long run. City Manager Murphy pointed out that page 59 of the staff report explains the allocation of costs. He explained that the City has reached an agreement with both golf courses in terms of the use of reclaimed water. There is a provision within the term agreement that states that agreement must be reached on the amount of compensation that the Orange County Water District (OCWD) and the City of Newport Beach will provide in terms of grants or additional items in terms of assisting the golf courses to transition to the usage of potable and reclaimed water. For Big Canyon, the City has determined that the net cost of their conversion to a combined reclaimed/potable system is $803,000. There is a grant to be provided by the OCWD of $500,000 and under the terms of this proposal, the City would construct and maintain the pump station to pump the reclaimed water from OCWD. There is also a City grant of $108,000 which leaves a net cost to Big Canyon of $103,000, plus the costs of the complete renovation of their potable system (approximately $1.2 million for the project). Six years ago Newport Beach Country Club undertook the major part of the replacement to ready their irrigation system for a reclaimed system, although there is still some work that needs to be done. Their total gross cost is $346,000, therefore with the grant of $200,000 from the OCWD, the City's construction and maintenance of the pump station of $64,000 kind a City grant of $41,000, • the Newport Beach Country Club is left with a net cost of $41,000, in addition to the costs which they have incurred already to fully renovate and replace their irrigation system. The cost to the OCWD will be $700,000 and their Board will be taking action on December 18th to consider the grants. The City's total contribution is $304,971, however as part of the final negotiations between these entities the City also agreed to pick up the energy costs on those pump stations for ten years. It has been estimated that the cost over ten years would be $150,000, therefore approximately $450,000 would be incurred by the City. He pointed out that the City has agreed with the Bluffs Homeowners Association to loan them $230,000, which they will repay to the City through their water rates over a number of years. He said that within the three -party agreement that was reached between the City, IRWD and OCWD, an agreement still needs to be reached with IRWD on the outfall connection. The IRWD generates 7.8 million gallons of excess reclaimed water per day in the winter time that they can't use, OCWD can take in 4.6 million gallons per day, which leaves an excess of 3.2 million gallons and the City does not want it discharged into San Diego Creek or the Bay. After long consultations with the County Sanitation Districts and other parties, the City believes there can be a connection to the County Sanitation District Outfall for an estimated cost of $100,000. Approved as part of the Consent Calendar is an amendment to the agreement with IRWD that would extend the time by which the City must reach an agreement about who is going to pay for that connection. IRWD indicated that they will be willing to talk about the split of those costs once they have received bids on the construction of the Intertie project. He said • that tonight staff is recommending that Council take action to approve the ratification of the agreements in terms of the dollars and implementation of the extension of time with the connection, and then staff will proceed quickly to negotiate with IRWD on the outfall, begin the process of constructing the Intertie project and put in place the long-term alternative for the reclaimed water. In response to Mayor Debay, Mr. Murphy confirmed that without the Volume 50 - Page 389 11*lDEX C-3055 (38) City of Newport Beach City Council Minutes December 9, 1996 Intertie project, IRWD is legally entitled by all the regulatory agencies to discharge into the creek and the bay. According to the last correspondence he received, the stay that was requested by the appellant in the pending lawsuit had not been granted by the State Water Resources Board, so at this • point in time the IRWD, without the three -party agreement, would be legally able to discharge into the creek and the bay. He also confirmed that OCWD is putting $6.2 million into the Intertie project, less the $500,000 contribution by the City, and IRWD is contributing $4.2 million to the project. Council Member Hedges explained that there is a statutory requirement embodied in California law which requires that barge water users as defined in the statute (such as golf courses) use reclaimed water if it is available, which is the case here. He said the City entered into negotiations with the large water users and did not encounter any problems with the Newport - Mesa School District, the Bluffs Homeowners Association, which the City merely loaned the money to allow them to retrofit, or Bonita Creek Park (owned by the City). When the golf courses came on, which exist for the benefit of a limited membership (500 members for Big Canyon), the City had to buy their pumps to pump the reclaimed water. During the course of negotiations, the City also had to pay for ten years of costs to operate those pumps even though the golf course will benefit over the long term because of the reduced price of reclaimed water. It also benefits OCWD because they are able to sell the reclaimed water to the user. He said that on the other hand, the City of Newport Beach is left in the political position of possibly being blamed for the discharge of reclaimed water into the bay if agreement cannot be reached with the two golf courses. If the pump electric bill is prorated over their membership it calculates to about $1.00 per month per • member. He stated that he disagrees with that especially when they have a statutory responsibility to use reclaimed water and he believes the City is in a much stronger negotiating position than anybody wants to admit, and won't support the agreement on that basis. In response to Mayor Pro Tem Edwards' question about if the City would be able to enforce this statutory scheme, City Attorney Burnham explained that reclaimed water isn't available to the end users until OCWD is convinced that the City has agreements with the end users that will allow them to ultimately recoup their investments. Therefore, the City needs to reach agreement with the golf courses before OCWD will spend $6.1 million to get the pipes and the reclaimed water to the golf courses. In the absence of those agreements, the water is simply not available and the City can't force the golf courses to build the facilities necessary to get the reclaimed water from the current terminus of Green Acres to their facilities. Mr. Murphy explained that the negotiations have been pretty difficult and a lot of experts have been consulted regarding the impact of the reclaimed water on the golf courses. Originally the key date was to obtain end user agreements by September 30, 1996, which was reached, however the agreement had a clause included pertaining to the financial assistance to be provided by the OCWD and the City. The next deadline following the October 1, 1996 deadline was November 1, 1996, which was extended to November 15, 1996, and tonight the Council is being asked to take action to extend it to December 18, 1996 in order for the OCWD to take action. He • explained that there has been a lot of concern about the impact of the reclaimed water on the fairways and on the neighbors of the golf courses, and expert advise was sought from Dr. Devitt. Dr. Devitt met recently with City staff, OCWD, and the golf courses and allayed a lot of the fear the golf courses had about using the reclaimed water and the additional expense they might incur because they would be using more water to flush and keep Volume 50 - Page 390 City of Newport Beach City Council Minutes December 9, 1996 n0 0 ' their root systems healthy, as well as any impact it might have on existing plant life and adjacent homeowners. Also, State and County health officials came out several times to indicate where they could have potable water, where they could put reclaimed water and the cost implications of both. • Motion by Council Member O'Neil to ratify the action of the City Manager in signing the Third Amended and Restated End User Agreements with Newport Beach Country Club (NBCC) and Big Canyon Country Club (BCCC); and approve the Agreements between OCWD, the City, BCCC and NBCC regarding retrofitting irrigation facilities and cost sharing. Council Member Hedges pointed out that all of the end users signed on the dotted line until we got to Big Canyon Country Club. He stated that Newport Beach Country Club agreed, but because there was a "me too" clause in the proposed agreement and Big Canyon Country Club held out and was able to cut a better deal, the City had to turn around and pay the electric pump cost also for Newport Beach Country Club golf course. He said that this is objectionable because the golf course is able to negotiate better to cut a deal or be prepared to walk -away and then the other end users are left "holding the bag," as well as the City of Newport Beach. The school district has to use education dollars to bear the exact same costs that the City is proposing to give to 500 members of a golf club. Dolores Otting, Newport Beach, asked whether the Newport -Mesa School District needs pumping stations. She said that the statute Council Member Hedges referred to states that if the water is available they have to use it, however it doesn't state that they are required to build pumping stations. She noted that everyone seems to have forgotten that the IRWD had • approximately $440 million in the pool. She questioned why numbers have not been provided or any explanations given as to why staff is not looking at Pacific View Cemetery and the school down the street, since it would be gravity -fed and pumping stations would not be required. She questioned whether the wrong end-users have been selected. She stated that Council Member Hedges is correct and it will cost the City a lot of money, however she doesn't feel it is Big Canyon's fault. She suggested that staff investigate other end users that might be more suitable. City Manager Murphy offered to meet with Mrs. Otting to discuss these issues at length. Regarding other end users, he said that in this particular case the two golf courses are the biggest water users in the City and they are key and instrumental to the agreement, and to extend it that much further incurs a much higher cost to the OCWD. He said the key connection is between IRWD and the OCWD, who in turn provide reclaimed water to the County Sanitation District, the biggest user of reclaimed water at 4.2 million gallons per day. The other key link for IRWD and OCWD are the two golf courses. Mr. Burnham explained that the agreement that: the City reached between IRWD and OCWD regarding IRWD's project identified the end users that the City needed to reach agreement with, therefore the City had to reach agreement with the six major end-users as identified by OCWD, since OCWD is paying the $6.1 million to bring the water to the City of Newport Beach. • The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: Hedges Absent: None Volume 50 - Page 391 City of Newport Beach City Council Minutes December 9, 1996 9. PROPOSED COUNCIL POLICY A-14, RESTRICTIONS ON COMMUNICATIONS INITIATED BY THE CITY OFFICIALS AND • CITY STAFF WITH CIVIL SERVICE BOARD MEMBERS. Council Member Hedges explained that he pulled this item to ask for clarification on how the policy would apply to other boards and commissions, including City Council, with respect to bodies acting in their judicial capacities. City Manager Murphy said that this issue was discussed at the Legislative Committee, was on the last Council agenda and continued in order to go back and determine if the other boards and commissions that act in a quasi- judicial capacity could be addressed. He said that staff consulted with the City Attorney, who has determined that there are some obstacles to imposing restrictions on those bodies. Mr. Burnham explained that the Planning Commission frequently acts in a quasi-judicial manner when considering use permits, variances, and lot line adjustments and it has been a long-standing practice of commissioners to receive input from persons supporting or opposing the applications. He indicated that this policy has not been discussed with members of the Planning Commission and imposing a policy of this nature on all boards and commissions would have a major impact on the way the Planning Commission has been doing business. In response to Council Member Glover, Mr. Burnham explained that this policy would preclude Planning Commissioners from meeting with staff to • discuss matters pending before them. He said that if the intent is to restrict or prohibit all ex parte communications or communications between one or more members of the Planning Commission with any person interested in an application, outside the course of the normal public hearing process, it could be extended to prevent such communications. Motion by Council Member O'Neil to approve Policy A-14. Mayor Pro Tem Edwards explained that the concept that was discussed in committee was essentially the broad idea to not allow ex parte communications with anybody in a quasi-judicial capacity. He said that after speaking with the City Attorney he is prepared to support the motion and then later look at how some of these other communications work. Mr. Burnham said that staff will be developing some procedural hearing rules for the Planning Commission in the next 60-90 days, as required by state law, and it may be that the Planning Commission, in the context of discussing those rules, may decide the extent to which it wants to limit ex parte communications while acting in a quasi-judicial capacity. Council Member Glover said there may need to be some changes regarding Planning Commission communications, therefore she would like to have this area reviewed. Mayor Debay noted that the Coastal Commission always discloses if they • have had ex parte communications. She also said she would hate to see Planning Commissioners precluded from meeting with applicants and people in the neighborhood on both sides of the issues. Mr. Murphy said that the unique nature of the Civil Service Board is that they deal with personnel matters and the employee has a choice about Volume 50 - Page 392 Council Policy A-14 (69) City of Newport Beach City Council Minutes December 9, 1996 IIVDEX whether the hearing is open or closed, and they also deal with confidential personnel matters. He noted that the Civil Service Board is also looking at their own procedural processes and how they interface as well. He explained • that the confidential personnel records is really the key reason why this needs to be done at this time for the Civil Service Board. Mayor Debay explained the procedure used to open debate on agenda items. Council Member Hedges offered a friendly amendment to the main motion by adding a sentence after the first bullet item which states that, "Civil Service Board members likewise shall not initiate contact with City officials, employees, and employee representatives...:' The friendly amendment was accepted by the maker of the motion. Clint Hoose, Chairman of the Civil Service Board, explained that the Civil Service Board acts as a delicate check and balance system between City personnel and the City. Through the hearing process, he said the Board ensures that the City will not abuse employees and employees will not abuse the City and any attempt to upset this balance would be inconsistent with Section 711 of the Newport Beach City Charter. He said that in the five years that he has been on the Board he cannot recall a time when a Board member has violated their mandated responsibility for carrying out their obligations as a Board member. He said he doesn't understand what the amendment is meant to accomplish. He said the Civil Service Board approved the policy as presented to the Council on November 25, 1996, however he cannot speak for the Board as to the amendment to the policy. Mayor Hedges restated the amendment and explained that the City does not • want to put employees or employee representatives in the situation of having to possibly violate a Council policy for reasons which they had nothing to do with, such as the initiation of a conversation by a Civil Service Board member to discuss the details of some pending matter. He said the amendment clarifies the intent of the policy. Mr. Hoose said that any contact by a Board member during a hearing with anybody outside the hearing process would be a violation of their responsibility. He said that if the Board members need to discuss an issue that is before them with the personnel director, they need to be able to do so and any attempt to restrict that contact would influence the Board in a different way. He said right now the Board is it free spirit and they don't answer to anybody, and in order to keep this a level playing field any influence from either side could be interpreted as somehow removing the rights of the other side. He said the policy pertains to city officials and city staff and does not pertain to the Civil Service Board. Mayor Pro Tem Edwards said that even with the amendment, the intent is to maintain a level playing field and the policy basically states that there should not be any contact between staff and the Board, which Mr. Hoose indicated is the case anyway. He asked the City Attorney if it is appropriate for a Civil Service Board member to contact anyone involved in an investigation. Mr. Burnham replied that typically they would not, nor would they contact • the City Attorney's office because the City Attorney is usually the legal representative for the department head that is involved. Mr. Hoose stated that the amendment is an attempt to tell the Civil Service Board what they can and can't do. Volume 50 - Page 393 City of Newport Beach City Council Minutes December 9, 1996 INDEX Mayor Pro Tem Edwards said that he doesn't believe anybody is trying to dictate what can and can't be done, but are saying that any decision that is made by the Board should essentially be done in a vacuum. He said he • doesn't believe this is an attempt to interfere with the Board's ability to make decisions in the most unbiased possible atmosphere. Mr. Hoose said he can't speak for the whole Board, but his interpretation of the amendment is that it is an attempt by the City to tell the Board what they can and cannot do, and that condition does not currently exist. He said he doesn't know whether it is detrimental and would prefer that the Civil Service Board legal counsel be given an opportunity to respond to this to be absolutely sure that the process is not tainted. He indicated that another Board member, Mr. Bromberg, is present to address the policy. Council Member Glover moved the question and stated that if she were serving on the Civil Service Board she would want this phrase in the policy because it clearly states what can and can't be done. Steve Bromberg, Civil Service Board member, asked the Council to consider the issue very carefully and said that perhaps it should be continued to give the Council an opportunity to hear from their legal counsel. He stated that this is an issue about control. He said the Civil Service Board is in essence like an appellate court, as they listen to appeals of Police officers and other civil servants, who are being terminated or disciplined, and the Board is dealing with their liberty and their livelihood. Ile said there never was an issue of inappropriate contact until a few months ago and then the contact was not made by a member of the Civil Service Board. He said it occurred by a member of the City Council when Mr. Hedges contacted two people • because he didn't like the hearing decision. He said the Board needs to be at "arms -length" from everybody, including the City Council. If the City Council sets a policy that says what can and can't be done, it is implementing a control and even if the Council doesn't think it creates influence, at least it creates a perception of influence. He said he thinks it is a very serious issue and asked the Council to consider it very carefully. Council Member O'Neil said he will not support his own motion pending review of the amendment by the Civil Service Board's legal counsel. Substitute motion by Mayor Pro Tem Edwards to continue this matter for the appropriate period of time to allow counsel for the Civil Service Board to review the policy and either show up at the next meeting and that will allow the Council to vote on it. Council Member Glover said that when the Board's attorney meets with the City Attorney it needs to be made clear that the Board has an inordinate amount of responsibility too. She said the Council doesn't want control of the Board, but they also have an inordinate amount of responsibility and can't talk to anyone that it might be inappropriate to talk to. Council Member Hedges stated that the Council is not trying to exercise some type of control over the Civil Service Board. He said what the board members are objecting to is the imposition of a code of conduct on members of the Civil Service Board that the Board is all too willing to impose on • everybody else. He noted that the policy states that city officials, employees or employee representatives shall not contact Civil Service Board members, however the loophole is that Civil Service Board. members can contact any one of those people, therefore the integrity of the process that needs to be protected is damaged. He said this is a matter of clearly defining what the conduct should be for an independent hearing board. It gives the employee Volume 50 - Page 394 City of Newport Beach City Council Minutes December 9, 1996 Mr. Bromberg stated that Council Member Hedges accused him of accusing the City Council of trying to secure control and that is not the case, and what he suggested was that Council Member Hedges is trying to secure control, and in a perception sort of manner, guide the City Council in that direction. • He said that what Council Member Hedges has said is deceptive and the issue about his name in the newspaper is well documented to have come from the Police Associations, not the Civil Service Board. He said the perception that Council Member Hedges is trying to get across is that this is something the Civil Service Board did and they have done nothing, and he takes offense at the personal accusations. Council Member Hedges assured him that he has not gotten personal on this issue, nor has he ever gotten personal on anything he has ever said as a member of this body. Mayor Pro Tem Edwards spoke in support of his motion to continue this matter and pointed out that the concept is to preserve the integrity. He said he cannot speak for Council Member Hedges or Mr. Bromberg, but he truly believes they are both attempting to maintain the integrity, however the disagreement is perhaps on the vehicle used, so hopefully in the continuance there will be an opportunity to discuss this with the attorney for the Board. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None • Mr. Bromberg stated that the Board meets again on January 13, 1997, so they would need it continued beyond that date. Volume 50 - Page 395 association, the employee's attorney, and whoever else is involved the satisfaction that the Civil Service Board, by Council policy, has not engaged in any improper ex parte communications. Council Member Hedges • explained the incident when he received via fax a copy of Civil Service Board findings on a recent personnel decision, at which point the integrity of the Civil Service Board hearing process was breached. During the course of that, allegations of misconduct were made about the Chief of Police, and him because they had come into possession of these findings, which were damaging to the City position and raised many questions about City misconduct. Bearing in mind that the City :had just spent $3 million defending and settling a misconduct situation within the Police Department, he started calling Civil Service Board members to find out what was going on and if there were problems in the Police Department. He said that the integrity was breached at that point and the outgrowth of the fallacious allegations and malicious statements were intended to injure reputations, mainly his and Chief McDonell's. The two people who had nothing but the best interests of the City at heart, the best interest of the Civil Service Board, and ultimately of the employees involved, were forced to defend themselves because of these malicious allegations. Based on that, the Council enacts a policy that says nobody talks to anybody, including Civil Service Board members. The way the policy is now Civil Service Board members can go the City Attorney, the City Council, and the employee associations, therefore the door is open. Mr. Bromberg stated that Council Member Hedges accused him of accusing the City Council of trying to secure control and that is not the case, and what he suggested was that Council Member Hedges is trying to secure control, and in a perception sort of manner, guide the City Council in that direction. • He said that what Council Member Hedges has said is deceptive and the issue about his name in the newspaper is well documented to have come from the Police Associations, not the Civil Service Board. He said the perception that Council Member Hedges is trying to get across is that this is something the Civil Service Board did and they have done nothing, and he takes offense at the personal accusations. Council Member Hedges assured him that he has not gotten personal on this issue, nor has he ever gotten personal on anything he has ever said as a member of this body. Mayor Pro Tem Edwards spoke in support of his motion to continue this matter and pointed out that the concept is to preserve the integrity. He said he cannot speak for Council Member Hedges or Mr. Bromberg, but he truly believes they are both attempting to maintain the integrity, however the disagreement is perhaps on the vehicle used, so hopefully in the continuance there will be an opportunity to discuss this with the attorney for the Board. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None • Mr. Bromberg stated that the Board meets again on January 13, 1997, so they would need it continued beyond that date. Volume 50 - Page 395 City of Newport Beach City Council Minutes December 9, 1996 10. CITY COUNCIL POLICY A-6 - DEADLINES ON COUNCIL RE [ml City Manager Murphy explained that in Closed Session the Council discusses meet and confer issues, which ultimately come back to the Council in the form of an MOU. He said the Council has talked about issues regarding the end user agreements and they are back tonight in the form of an agreement, which will be acted on publicly. He explained that basically the Brown Act says that at certain key points a report has to be made when a decision is made and oftentimes the Council gives direction and staff doesn't know if a decision has been made until the other party responds or counters, therefore about 99% of the time a decision is made when staff comes back with a public document for Council to approve. Motion by Council Member O'Neil to approve revised City Council Policy A- 6. Mayor Debay explained that the Council discussed the Closed Session reporting requirements and said that it will be clarified and even if there is no action, it will be stated that no action was taken. Council Member Hedges reported that for almost a year staff reports have • been uploaded to the Internet and this information is accessible to library resources, which is one way to get the documentation without having to go to the Clerk's office or if you have a computer, it can be accessed from home. He said he doesn't believe there is a Council policy which addresses that type of computer access, which has been being developed for some time, and he thinks it is appropriate that the City start bringing the policies in line to Volume 50 - Page 396 INDEX Mayor Debay explained that this policy revision would require that all • supplemental staff reports be made available to the public no later than 5:00 p.m. on Fridays preceding Council meetings. Dolores Otting, Newport Beach, reported that she was unable to get Item 7, and noted that she has been at City Hall and waited until after 5:00 p.m. to get staff reports for the supplemental agenda items. She also stated that there are no agendas for the supplemental agenda items in the hallway. She questioned delivery of the packets to the Chamber and questioned whether they pay for the packet. She said the library does not have a delivery service so the supplemental reports are not available over the weekend and the information wasn't available on the home page either. She noted that the Brown Act requires that the public be informed and she said she doesn't think the City is doing a job that is consistent with either the letter or the spirit of the law. She also pointed out that the Library only keeps the Council materials current for three months, and also voiced concern about having to ask for the information at the Reference Desk. She suggested that staff look at having a years worth of information available to the public. She again voiced concern about the library not receiving the supplemental items and said she thinks it was something that was just overlooked and that no one is trying to keep anything from the public. She also questioned why there have not been any reports on actions taken in Closed Session in the last 2-1/2 years. She pointed out that minutes are part of the Council report and are a staff item that have to be approved and they used to be available on the City Clerk's counter and now there is a copy and it says you can ask for them. She said those minutes should be with the staff items in the • basket. Regarding Ms. Otting's comments about Closed Session reports, City Attorney Burnham stated that there haven't been any decisions made to report during that period. City Manager Murphy explained that in Closed Session the Council discusses meet and confer issues, which ultimately come back to the Council in the form of an MOU. He said the Council has talked about issues regarding the end user agreements and they are back tonight in the form of an agreement, which will be acted on publicly. He explained that basically the Brown Act says that at certain key points a report has to be made when a decision is made and oftentimes the Council gives direction and staff doesn't know if a decision has been made until the other party responds or counters, therefore about 99% of the time a decision is made when staff comes back with a public document for Council to approve. Motion by Council Member O'Neil to approve revised City Council Policy A- 6. Mayor Debay explained that the Council discussed the Closed Session reporting requirements and said that it will be clarified and even if there is no action, it will be stated that no action was taken. Council Member Hedges reported that for almost a year staff reports have • been uploaded to the Internet and this information is accessible to library resources, which is one way to get the documentation without having to go to the Clerk's office or if you have a computer, it can be accessed from home. He said he doesn't believe there is a Council policy which addresses that type of computer access, which has been being developed for some time, and he thinks it is appropriate that the City start bringing the policies in line to Volume 50 - Page 396 INDEX City of Newport Beach City Council Minutes December 9, 1996 develop some guidelines for that type of information. He said he would also include the Newport Beach Municipal Code online. He offered an amendment to add a sentence stating, "The City Clerk shall insure delivery of all supplemental staff reports to the Central Library before close of • business on Friday." The amendment was accepted as a part of the main motion. The motion, as amended, carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None 11. BUDGET AMENDMENT (BA -021) TO APPROPRIATE $15,624 TO PURCHASE A CLOSED CIRCUIT SECURITY SYSTEM IN THE CENTRAL LIBRARY. City Manager Murphy explained that this item is a request from the Community Services Director/City Librarian related to a closed circuit security system at the Central Library. He said this matter was brought before the City Council Public Safety Committee and was recommended on a 2-0 vote. He said there have been a number of incidents of inappropriate conduct at the Central Library and it has been difficult for the Police Department to follow-up. He explained that this proposal will provide a closed circuit security system by placing cameras at the key entrances and exits from the library so that there will be a videotape record of who is • entering and exiting. This will assist the Police Department in following up and hopefully also act as a deterrent. The recommendation is that the Council appropriate $15,624 from the fund balance of the General Fund for this purpose. Council Member Hedges said that this is something the public should know about and one of those things that a lot of people would prefer not be happening at the Central Library. He explained that there have been instances of indecent exposure, harassing behavior, etc., and parents who drop their kids off at the library should be aware of these things. He said he believes a closed circuit television monitor will not stop this behavior and also believes that the incidents are directly related to some of the growth and use of the library since the new Central Library opened. He pointed out that the library is now up over 50% non-resident use. He said he isn't intimating that Newport Beach residents don't have the ability to engage in indecent behavior, but just by the sheer number of people that have uncontrolled access to the library, is borne out by these incidents and also by the amount of materials that the library is losing, which indicates that the City needs to get serious about the level of non-resident use. He said it will take more than getting money out of the state and suggested that if there were some kind of controlled access by way of a card reader and you were required to have a library card to go in the library, then you would know who is going in the library and who leaves the library. He said instead the recommendation is to have Newport Beach taxpayers "pony -up" another $16,000 to post cameras, which he finds offensive, especially when very little is being done to • control access to what is arguably an important resource and one which should be protected. Motion by Council Member Hedges to approve BA -021 to appropriate $15,624 to purchase a closed circuit security system for the Central Library. Volume 50 - Page 397 INDEX BA -021 (40) City of Newport Beach City Council Minutes December 9, 1996 INDEX In response to Mayor Debay, Community Services Director/City Librarian Mentz said that when this was reported to the Police Department and when staff met with the Police Chief and his staff, there were less than ten of a • variety of incidents since the library opened, none of which were actually considered criminal behavior, but certainly behavior that we don't want occurring in the Central Library. She also indicated that no one has been apprehended as of this time and Chief McDonell has suggested that if there were a visual record it could either be posted to alert the library staff or used to assist the witnesses in identifying the perpetrators. Council Member Hedges asked if pictures were available, if it would be appropriate to post them in the lobby of the library. Ben Jackson, Chairman of the Library Board of Trustees, reported that when this first came up the Board of Trustees voted 3-2 in favor of the proposed action and the two dissenting votes questioned whether there was a real problem or whether it was perhaps just what every community lives with. He said that after referring the matter to the Police Department and considering it with Library staff, the vote then became unanimous in favor of this action because of the nature of the incidents. He explained that the library does not have a capital improvement budget, therefore the budget amendment is required. He said this was considered earlier but not followed through with, but now it has gotten to the point after it was discussed with the Police Department and staff, that the Trustees felt it was necessary to come to the Council with a deterrent system and system that would allow these people to be identified. He said the Trustees view this as a City problem and it's not as simple as a non-resident or resident issue and they want to do everything they can to minimize these types of acts. • Julie Ryan, Library Board Trustee, said she is also concerned as well about the non-resident issue and it is an issue that needs to be addressed. She said it affects the library in many different ways, however the security issue is a serious issue and one that needs to be addressed. She said there are no security measures currently in place in the library and this is a basic security measure for a public place today. She said it should have been built into the library at the time the building was built, however it was overlooked at that time. She said the City has the liability should any unfortunate incident occur, and they want to be responsible and take whatever precautions they can. She said the Trustees want to provide a safe environment for patrons, as well as staff. She explained that there are no donors who are willing to donate the funds for this since donors feel it is something basic that should be provided by the City. She asked that the Council consider this seriously. Council Member Hedges said he is what the University of Michigan Clements Library calls a "reader." He explained that the Clements Library is a research library with priceless documents and in order to use the library you have to show two different forms of identification and sign in. He said there is also somebody at the door, no one walks away with materials and there are no incidents of inappropriate behavior, which is what controlled access does for you. He said the Newport Beach Public Library has all of those problems and this action is just a "finger in the dike" and an example of trying to do something about a problem after the fact. He said he supports • his motion and the action, but reiterated that the library is losing inventory and experiencing these behavioral problems just because of the sheer mass of people and uncontrolled access. The motion carried by the following roll call vote: Volume 50 - Page 398 City of Newport Beach City Council Minutes December 9, 1996 Ayes: O Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None • Absent: None Abstain: None 16. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FOR 1997 CALENDAR YEAR. Council Member Noyes explained that he pulled this item because he has first hand knowledge as a business person on Marine Avenue about what a benefit the Business Improvement District is, however because of this first hand knowledge, he would abstain from voting on this item. Motion by Mayor Pro Tem Edwards to approve, Marine Avenue Business Improvement District Annual Report; adopt Resolution of Intention No. 96- 103 and set the public hearing for January 13, 1.997. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Mayor Debay Noes: None Absent: None Abstain: Noyes PUBLIC COMMENTS • Mayor Pro Tem Edwards recognized the Corona del Mar High School Cross Country team who won the State championship and noted that the Newport • Harbor football team is still playing in the CIF playoffs and will play for the CIF championship against Santa Margarita this weekend. He congratulated both teams and said it is nice to see young people accomplishing something in the community. Adele Mann, President of the Newport Beach Friends of the Library, thanked the citizens of the community for their support of the used book store that the friends operate in the main library. She explained that the book store is staffed by volunteers, open seven days a week and has been a tremendous success thanks to the community. All of the proceeds that are donated to the library go for the extras that the budget won't allow. She announced that at this particular time they need more books and asked the viewing audience to look over their book shelves and donate as many books as possible. She said that donations can be dropped off at any of the four branches, however because of space limitations they cannot accept magazines or law books. For more information, please call the store at 759- 9667. In response to Council Member Hedges, Ms. Mann explained that the organization is a non-profit organization and will provide tax slips for donations. • Jay Vanderwal, 325 Holmwood Drive, said he wrote a letter to the Council because he has a concern about a slight misuse of a particular zoning in his area. He explained the layout of his lot and noted that plans are being made for a doctor's office at the 332 Old Newport Blvd. address, previously a 3 - unit apartment building. He explained that there are about 20-30 parking • spaces available on Old Newport Boulevard, but the doctor has decided to have his office on the alley and the front door will be opposite his home. He said he understands the property has mixed zoning (commercial/residential) and he doesn't object to that, however he would like to see the commercial portion of the zoning on Newport Boulevard and the residential portion on the alley. To solve the problem, he suggested that the doctor install an Volume 50 - Page 399 INDEX Marine Ave BID Res 96-103 (27) City of Newport Beach City Council Minutes December 9, 1996 elevator to his office on Newport Boulevard and leave the alley as residential. • Mayor Debay requested that Mr. Vanderwal make an appointment with Assistant City Manager Wood to discuss his concerns. • Madelene Arakelian noted that after the passage of Measure Q, while soliciting the different accounts, some issues have been raised about the fee for recycling that is currently being charged and questions have been raised about whether that fee will be removed from their bills. City Manager Murphy offered to get back to Mrs. Arakelian on this issue, however noted that the City does not intend to charge someone for services they are not receiving. • Dolores Otting addressed the Council in regard to a letter received on December 5, 1996. She noted that at the time the trash franchises were granted they agreed to have their accounts audited, however they were led to believe that somebody from an outside company would come into their business and spend an afternoon with them going over the list of customers and what has been paid. She distributed copies of the letter she received and explained that because another trash hauler filed a complaint all of the trash haulers have to be audited and they haven't even had one full year of service. She pointed out that the letter dated September 23, 1996 from Glen Everroad indicates that the materials gathered during the audit will be held in strictest confidence, however she is aware of a court case wherein similar materials became public. She explained that the trash haulers never agreed to provide information on gross receipts or general ledger information and • this information is privy and doesn't need to be used. She also stated that she doesn't have the type of information that is being requested. Mayor Debay requested that Mrs. Otting schedule an appointment with Mr. Murphy to discuss this issue. Council Member Hedges stated that he can't believe the depth and breadth of information that is being requested and said lie would like an update at the next City Council on the legal opinion regarding the confidentiality issue and the extent of the information that is being requested for the audit. 19. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION (contd. from 11/25/96). Mayor Debay explained that the Ad -Hoc Appointments Committee reviewed over thirty applications for this position, seven were invited to be interviewed, and Kathy Harrison and Nancy Warzer-Brady were nominated. She explained that the applications of the two nominees will be provided to the entire Council prior to the appointment on January 13, 1997. Motion by Council Member O'Neil to confirm the nomination of Kathy Harrison and Nancy Warzer-Brady. The motion carried by the following roll call vote: • Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Volume 50 - Page 400 INDEX Arts Comm (24) City of Newport Beach City Council Minutes December 9, 1996 20. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL STANDING • AND AD HOC COMMITTEES; AND JOINT GOVERNMENTAL COMMITTEES (By virtue of Council Policy A-9, the Mayor is a member of all Standing and Ad Hoc Committees). I. A. Finance Committee 1. Mayor Debay 2. Council Member Glover (Chair) 3. Mayor Pro Tem Edwards B. Harbor, Beaches and Parks Committee (Res. 96-101) 1. Mayor Debay 2. Council Member Glover 3. Council Member Noyes (Chair to be determined) C. Legislative Committee 1. Mayor Debay 2. Mayor Pro Tem Edwards (Chair) 3. Council Member O Neil D. Public Safety Committee • 1. Mayor Debay 2. Council Member O'Neil (Chair) 3. Council Member Thomson E. Utilities/Public Works Committee 1. Mayor Debay (Chair) 2. Council Member Noyes 3. Council Member Thomson The above named appointments were confirmed by motion of Mayor Pro Tem Edwards, and carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None II. COUNCH.JCITIZENS AD HOC COMMITTEES A. Aviation Committee • 1. Mayor Debay 2. Council Member Glover (Chair) 3. City Manager 4. City Attorney Volume 50 - Page 401 Annual Council appointments City of Newport Beach City Council Minutes December 9, 1996 B. Balboa Peninsula Planning Advisory Committee 1. Mayor Debay 2. Council Member O'Neil • 3. Council Member Noyes C. Economic Development Committee 1. Mayor Debay 2. Council Member Glover 3. Council Member Noyes 4. Planning Commissioner Selich D. Old Newport Boulevard Specific Area Plan Committee 1. Mayor Debay 2. Council Member Glover 3. Council Member Hedges E. Ford Land Task Team Ad Hoc Committee 1. Council Member O'Neil 2. City Manager (ex officio) 3. City Attorney 4. Planning Manager 5. Representative of Ford Motor Land Development Corp. Tim Ridner • The above named appointments were confirmed by motion of Mayor Pro Tem Edwards, and carried by the following roll call vote: Ayes: O Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None III. REPRESENTATIVES TO JOINT GOVERNMENTAL A. City -School Liaison Committee 1. City Manager 2. Mayor Debay 3. Council Member Glover B. Growth Management Area S Representative 1. Council Member O'Neil C. Hazardous Waste Material - Joint Powers Authority 1. Council Member Thomson • D. Inter -City Liaison Committee 1. City Manager 2. Council Member Glover 3. Mayor Pro Tem Edwards Volume 50 - Page 402 City of Newport Beach City Council Minutes December 9, 1996 INDEX Volume 50 - Page 403 E. Joint Committee for the Evaluation and Implementation of the Upper Newport Bav • Cooperative Agreement 1. Council Member Glover 2. Mayor Pro Tem Edwards (Alt) F. League of California Cities/Orange County Division 1. Mayor Debay 2. Council Member Glover (Alt) G. Orange County Council of Governments (OCCOG) 1. Mayor Debay 2. Mayor Pro Tem Edwards (Alt) H. Orange County Housing Commission - Advisory Committee 1. Planning Staff Genia Garcia 2. Planning Staff Patty Temple (Alt) I. Orange County Regional Air)ort Authority (OCR" 1. Mayor Pro Tem Edwards 2. Council Member Thomson (Alt) • J. Orange County Sanitation Districts District 5 1. Mayor Debay 2. Council Member Noyes (Each serve as alternate to each other) District 6 1. Mayor Debay 2. Council Member Thomson (Alt) District 7 1. Mayor Debay 2. Council Member Thomson (Alt) K. Orange County Transportation Authority (OCTA) Corridor Elected Officials Committee 1. Council Member O'Neil L. Orange County Vector Control District Board of Trustees 1. Council Member Thomson Volume 50 - Page 403 City of Newport Beach City Council Minutes December 9, 1996 INDEX M. Santa Ana River Flood Protection Aeency 1. Council Member Glover . 2. Council Member Thomson. N. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR JOINT POWERS AGENCY BOARD OF 1. Council Member O'Neil 2. Mayor Debay (Alt) O. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) 1. Mayor Debay 2. Mayor Pro Tem Edwards (Alt) P. SINGLE ROOM OCCUPANCY (SRO) TASK FORCE (Affordable Housing) Note: New Name - Orange County Homeless Coalition 1. Council Member Noyes 2. Planning Staff Member Genia Garcia Q. SR73/SR55Q-405 FREEWAYS CONFLUENCE POLICY • 1. Council Member O'Neil The above named appointments were confirmed by motion of Mayor Pro Tem Edwards, and carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None IV. CITIZENS ADVISORY COMMITTEES A. Bicycle Trails 1. Mayor Pro Tem Edwards B. Environmental Quality Affairs 1. Council Member Noyes 2. Council Member (contd. to 1/13/97) C. Harbor Quality 1. Council Member Glover 2. Mayor Pro Tem Edwards D. Youth Council 1. Mayor Debay 2. Recreation Manager Dave McConnell Volume 50 - Page 404 City of Newport Beach City Council Minutes December 9, 1996 The above named appointments were confirmed by motion of Mayor Pro Tem Edwards, and carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None 21. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY COMMITTEES FOR A ONE-YEAR TERM ENDING DECEMBER 31, 1997 (appointed by Council upon recommendation of each Council Member). Nominations listed were confirmed and remaining were continued to January 13, 1997. Bicycle Trails Citizens Advisory Committee (District 1) Council Member Hedges' appointment of Richard Banks and (District 7) Council Member Thomson's appointment of and (District 2) Mayor Debay's appointment of _ and Council Member Hedges' appointment of Patrick Bartolic and (District 3) Council Member Glover's appointment of and (District 4) Mayor Pro Tem Edwards' appointment of and • (District 5) Council Member Noyes' appointment of and is(District (District 6) Council Member O'Neil's appointment of and (District 7) Council Member Thomson's appointment of and (District 7) Council Member Thomson's appointment of and Volume 50 - Page 405 CAC (24) Environmental Quality Affairs Citizens Affairs Committee (District 1) Council Member Hedges' appointment of Patrick Bartolic and Barry Zanck. (District 2) Mayor Debay s appointment of _ and (District 3) Council Member Glover's appointment of Susan Hogan and Janie Arnold. (District 4) Mayor Pro Tem Edwards' appointment of and (District 5) Council Member Noyes' appointment of and is(District 6) Council Member O'Neil's appointment of and (District 7) Council Member Thomson's appointment of and Volume 50 - Page 405 CAC (24) City of Newport Beach City Council Minutes December 9, 1996 Harbor Quality Citizens Affairs Committee (District 1) Council Member Hedges' appointment of Leonard Miller. (District 2) Mayor Debay's appointment of (District 3) Council Member Glover's appointment of (District 4) Mayor Pro Tem Edwards' appointment of (District 5) Council Member Noyes' appointment of (District 6) Council Member O Neil's appointment of (District 7) Council Member Thomson's appointment of MOTION FOR RECONSIDERATION Motion by Council Member Hedges to remove from the table the matter of mayoral rotation discussed at the 11/25/96 Council meeting and set it for discussion and action on February 10, 1997. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Motion by Council Member Hedges to refer the mayoral rotation matter to the Legislative Committee for recommendation. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None ADJOURNMENT - 8:55 p.m. in memory of Leo Love, former Fire Chief, to January 10, 1997, 1:00 p.m., Central Library *******************f:** The agenda for the Regular meeting was posted on December 4, 1996 at 4:20 p.m. and the supplemental agenda was posted on December 6, 1996 at 4:20 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk ayor volume 50 - Page 406