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
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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
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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
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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
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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.
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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.
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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
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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-
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• 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
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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
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. 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
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INDEX
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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
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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
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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
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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
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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.
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C -3680
Automatic Aid
Agreement
(38/100 -2004)
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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.
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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
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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
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City of Newport Beach
Regular Meeting
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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
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City of Newport Beach
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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
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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
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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.
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City of Newport Beach
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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
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City of Newport Beach
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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
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City of Newport Beach
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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
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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.
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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.
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City of Newport Beach
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January 27, 2004
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Council Member Nichols, speaking as a resident, stated that the outdoor
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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
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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.
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City of Newport Beach
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January 27, 2004
INDEX
Mayor Ridgeway agreed with the comment made by Mayor Pro Tem
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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
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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
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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
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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.
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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
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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
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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
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