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Home My WebLink About01 - MinutesOctober 23, 2018 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Regular Meeting October 9, 2018 I. ROLL CALL - 5:30 p.m. Excused: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield City Clerk Brown announced that Closed Session has been canceled due to a lack of quorum. II. PUBLIC COMMENTS - None III. CLOSED SESSION - Canceled A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter I Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators. Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA); Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); and Part Time Employees Association of Newport Beach (PTEANB). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter IV. RECESSED - 5:31 p.m. V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield Excused: Council Member Kevin Muldoon, Council Member Scott Peotter VII. CLOSED SESSION REPORT - None VIII. INVOCATION - Mayor Pro Tem O'Neill 1X. PLEDGE OF ALLEGIANCE - Mayor Duffield X. PRESENTATION • Code Enforcement Officer Appreciation Week Denys Oberman commended Code Enforcement staff for their hard work, professionalism and responsiveness. Volume 63 - Page 615 City of Newport Beach Regular Meeting October 9, 2018 Motion by Mayor Pro Tem O'Neill, seconded by Council Member Dixon, to read the proclamation and presented it to the City's Code Enforcement Officers. The motion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Dixon, Council Member Herdman, Mayor Pro Tem O'Neill, Mayor Duffield Absent: Council Member Muldoon, Council Member Peotter Mayor Duffield read the proclamation and presented it to the Code Enforcement Officers. Community Development Director Jurjis recognized the Code Enforcement Officers and congratulated them on a job well done. XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM Council Member Avery: • Acknowledged his mentee Landon, a Junior at Newport Harbor High School, and commended the high school's mentor program • Displayed slides to discuss the decorative public pier finials and itshistory, and recognized Mayor Duffield for building and gifting 22 new finials to the City Council Member Dixon: • Displayed slides to announce the 5th Annual Dory Deli Community Beach Clean -Up that was held on October 7, 2018, and discuss the recently signed FAA Reauthorization Bill and the efforts of staff, Council and the community • Attended the foreign exchange program celebration at Ensign Middle School to welcome the exchange students from Okazaki, Japan, and explained how the program works • Announced the launch of the Clever Buoy System pilot program on October 10, 2018, at 11:00 a.m. at the Balboa Pier, and that Council Member Muldoon was excused from tonight's meeting because he and his wife were waiting the birth of their son Council Member Herdman: • Displayed slides to further explain the benefits of the FAA Reauthorization Bill and discuss aircraft noise and pollution provisions • Announced he toured the Salvation Army Headquarters at Tustin Ranch • Reported that, along with Council Members Dixon and Muldoon, he is attending weekly meetings with staff and community groups regarding John Wayne Airport issues • Complimented the Newport Beach Foundation for sponsoring an event regarding school violence and bullying • Attended the Newport -Mesa Unified School District (NMUSD) State of the Schools Breakfast on October 2, 2018, and the Fire Service Day Open House at the Santa Ana Heights Fire Station on October 7, 2018 Mayor Pro Tem O'Neill: • Displayed slides to announce the upcoming OASIS Senior Center Health and Resources Fair on October 20, 2018, and promote the City's After Class Enrichment (ACE) program • Attended the NMUSD State of the Schools Breakfast, the Newport Beach Foundation event, the Orange County Public Safety Forum hosted by Supervisor Steel, the Fire Service Day Open House, and the Corona del Mar Sandcastle Contest • Announced the upcoming Finance Committee meeting on October 18, 2018, and the City's recent Moody's AAA rating Mayor Duffield: • Reported on his visit to Antibes, France, including his stop at the Antibes City Hall Volume 63 - Page 616 City of Newport Beach Regular Meeting October 9, 2018 Unidentified speaker discussed the topics covered at the Orange County Public Safety Forum and encouraged people not to vote for anyone who received campaign funding from rehabilitation facilities. XIII. PUBLIC COMMENTS ON CONSENT CALENDAR - None XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the September 25, 2018 City Council Meeting [100-2018] Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCE FOR INTRODUCTION I 3. Pulled from the Consent Calendar by Council Member i ixon ORDINANCE FOR ADOPTION 4. Second Reading and Adoption of Ordinance No. 2018-16, Amending Title 21, Local Coastal Program Implementation Plan [100-2018] Continue the item to a future meeting. CONTRACTS AND AGREEMENTS . 5. Slurry Seal Program - Notice of Completion for Contract No. 7169-1 (18R04) [38/100-2018] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On April 24, 2018, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c); b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. Mayor Pro Tem O'Neill recused himself on Item 5 due to real property interests. MISCELLANEOUS 6. Pulled from the Consent Calendar by Council Member Dixon Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the Consent Calendar, except for the items removed (Items 3 and 6); and noting the continuance of Item 4 and the recusal by Mayor Pro Tem O'Neill on Item 5. The motion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Dixon, Council Member Herdman, Mayor Pro Tem O'Neill, Mayor Duffield Absent: Council Member Muldoon, Council Member Peotter XV. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. Ordinance No. 2018-17 Amending Titles 1 and 17 Related to the Harbor Department and Resolution No. 2018-74 Amending the Staffing Structure of Two Positions [100-2018] Volume 63 - Page 617 City of Newport Beach Regular Meeting October 9, 2018 Mayor Duffield recused himself based on advice from the Fair Political Practices Commission (FPPC) related to regulations in the Harbor and due to business interest and source of income conflicts. In response to Council Member Dixon's question, Assistant City Manager Jacobs clarified the proposed staffing changes and financial impact. Tim Stoaks voiced his concerns over the alleged involvement of Mayor Duffield in the creation of the Harbor Department. Jim Mosher questioned the ordinance changes, believed some of the changes do not relate to staffing changes, and suggested deferring this to the Harbor Commission for review. Susan Riddle provided a handout, requested Council revert Title 17 to the language that existed prior to December 2013, and believed the code was previously amended to accommodate an individual and not for the good of the community. Richard Dorn explained his reasons for believing some o rovisions in the ordinance are not realistic. 1 Unidentified speaker voiced his concerns regarding lids aboard permit compliance and requested the City work with the Orange County Sheriff's Department to modify the permit revocation process. Mayor Pro Tem O'Neill suggested the public review the redline version of the ordinance, confirmed the Harbor Commission will be reviewing Title 17 in depth, and encouraged those with questions or concerns to contact the Harbor Commission and attend their meetings. In response to Council Member Dixon's questions, City Attorney Harp indicated the majority of the ordinance changes are non -substantive, some amendments are being done to clarify ambiguity in Title 17, and confirmed Title 17 will be reviewed in its entirety at a public meeting by the Harbor Commission. Council Member Avery believed the Harbor Commission would be best suited to deal with Title 17 concerns. Motion by Council Member Dixon, seconded by Council Member Herdman, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Titles 1 and 17 Related to the Harbor Department, and pass to second reading on October 23, 2018; and c) adopt Resolution No. 2018-74, A Resolution of the City Council of the City of Newport Beach, California, Amending the Staffing Structure in the Public Works Department. The motion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Dixon, Council Member Herdman, Mayor Pro Tem O'Neill Absent: Council Member Muldoon, Council Member Peotter Recused: Mayor Duffield 6. Stand Up Paddleboard Safety Flyer [100-2018] Out of an abundance of caution, Mayor Duffield recused himself due to business interest conflicts. Volume 63 - Page 618 City of Newport Beach Regular Meeting October 9, 2018 In response to Council comments, Assistant City Manager Jacobs indicated leashes are not required to be used but the Harbor Commission strongly encourages its use, reported staff is requesting Council approval of the flyer, confirmed this will not be going back to the Harbor Commission, and clarified the recommendation of requiring a renter's swimming attestation form would come back to Council at a later date as part of the marine activity permit requirement. Council Member Herdman commended the Harbor Commission for their hard work and extensive research on this issue. Mayor Pro Tem O'Neill echoed Council Member Herdman's comments and clarified the flyers will not be mass produced but given only to the Stand Up Paddleboard (SUP) businesses to hand out to SUP renters. City Manager Leung suggested the flyer be amended to read, "Wear your leash if available." Motion by Council Member Herdman, seconded by Council Member Dixon, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) approve the amended Stand Up Paddleboard Safety Flyer and provide to rental companies who rent in the harbor. mok Matt Holder, Executive Director of Free SUP SoCal, provided background information on the organization and safety precautions recommended during SUP activities, including wearing a leash. The motion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Dixon, Council Member Herdman, Mayor Pro Tem O'Neill Absent: Council Member Muldoon, Council Member Peotter Recused: Mayor Duffield XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Sharon Courson cautioned the community about the contractor that worked on her house in Newport Heights. Ryan Reza Farsai informed Council of an upcoming court case he is involved in against his homeowners association, voiced his concerns about democracy being under attack, and requested paper towels or a hand dryer for the restroom at Grant Howald Park. Susan Skinner discussed an FPPC letter provided to Mayor Duffield regarding possible conflicts in the Harbor, took issue with election material touting Mayor Duffield's involvement in the creation of the Harbor Department, and voiced reasons why she does not support reelecting Mayor Duffield to Council. Pat Wolfuss discussed several issues at the Newport Aquatic Center (NAC), including what he believes to be a violation of the lease, and asked Council to conduct an investigation. Denys Oberman discussed development issues, property rights, and the lack of public notice regarding development projects. Unidentified speaker discussed a recent article in the Daily Pilot regarding campaign contributions and cautioned the public on voting for candidates that accept donations from rehabilitation facilities. Jim Mosher requested the City notify the public when a meeting has been canceled and suggested the City Attorney's Office post a list of ongoing litigation and claims against the City on the City's webpage. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Volume 63 - Page 619 City of Newport Beach Regular Meeting October 9, 2018 Jim Mosher questioned the lack of reports from Council on committee activities and noted that past Council Members routinely reported on outside committee activities. Council Member Herdman indicated he did attend the monthly Water Quality/Coastal Tidelands Committee meeting and reported that the committee is currently concentrating on future goals and how to accomplish them. XVIII. CURRENT BUSINESS 7. Ordinance No. 2018-18 —Amending Newport Municipal Code Title 17, Pertaining to Speed Limits [100-20181 Mayor Duffield recused himself due to business interest and source of income conflicts. Jim Mosher took issue with the proposed revisions and suggested Council wait to introduce the ordinance until the correct amendments are made. Council Member Avery explained the reasons for the Title 17 amendments, why revising the speed limit was needed, and expressed his support of the ordinance. In response to Council Member Herdman's question, Assistant City Manager Jacobs reported letters asking for review and comments were sent to the California Department of Boating and Waterways, the State has 30 days to respond, comments were not required, and, since the City did not receive any comments, it can move forward with implementing the changes. City Attorney Harp provided suggested language changes to Section 4 — Authorization of the ordinance. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Avery, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) waive full reading, direct the City Clerk to read by title only, introduce amended Ordinance No. 2018-18, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code Title 17, Pertaining to Vessel Speed Limits, and pass to second reading on October 23, 2018. The motion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Dixon, Council Member Herdman, Mayor Pro Tem O'Neill Absent: Council Member Muldoon, Council Member Peotter Recused: Mayor Duffield 8. Appointments to the Building and Fire Board of Appeals [24/100-20181 City Clerk Brown highlighted the selection process. Mayor Pro Tem O'Neill noted two of the applicants are architects and suggested they fill the terms ending in 2022, with the third applicant being appointed to the term ending in 2019. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Avery, to a) determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) appoint Robert Ahlke, Jr. to fill the term that expires on June 30, 2019, and Bill Caskey and J.R. Walz to fill the seats with terms that expire on June 30, 2022. Volume 63 - Page 620 City of Newport Beach Regular Meeting October 9, 2018 In response to Council Member Dixon's question, City Clerk Brown noted Mr. Caskey's application date. The motion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Dixon, Council Member Herdman, Mayor Pro Tem O'Neill, Mayor Duffield Absent: Council Member Muldoon, Council Member Peotter XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT - 8:50 p.m. The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on October 4, 2018, at 4:00 p.m. Leilani I. Brown City Clerk Marshall "Duffy" Duffield Mayor Volume 63 - Page 621