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Home My WebLink About01 - MinutesJanuary 8, 2019 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Regular Meeting December 11, 2018 I. ROLL CALL - 6:00 p.m. Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon (arrived at 6:01 p.m.), Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield II. PUBLIC COMMENTS Jim Mosher voiced his concerns on the order of the agenda as it relates to the November 6, 2018 election results and when the new Council is seated, and the amount of time Council has allotted to discuss the performance evaluations of the City Attorney and City Clerk. City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the item listed in the Closed Session agenda and read the title. He announced that he and City Clerk Brown would be recusing themselves from Item.IlL A due to potential personal financial effect of the negotiations. III. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 2 matters Title: Aaron Harp, City Attorney Title: Leilani Brown, City Clerk IV. RECESSED - 6:03 p.m. V. RECONVENED AT 6:30 P.M. FOR REGULAR MEETING VI. ROLL CALL Present: 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 VII. CLOSED SESSION REPORT - None VIII. INVOCATION- Council Member Peotter IX. PLEDGE OF ALLEGIANCE - Council Member Herdman X. NOTICE TO THE PUBLIC Without objection, Mayor Duffield combined Items XI and XVI. XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Volume 63 - Page 653 City of Newport Beach Regular Meeting December 11, 2018 Council Member Dixon: • Attended the Balboa Island Museum and Historical Society opening, the Sister Cities holiday breakfast along with Mayor Pro Tem O'Neill, and the YMCA Youth and Government legislative bill session with Council Member -Elect Brenner Council Member Herdman: • Thanked Council for its financial support of the new Balboa Island Museum and Historical Society grant • Attended the YMCA Youth and Government legislative bill session where his granddaughter argued a bill Council Member Muldoon: • Congratulated the Newport Beach Police Department on apprehending "the Balboa Bandit" Mayor Pro Tem O'Neill: • Announced the upcoming Finance Committee meeting on December 13, 2018, at 3:00 p.m. • Attended the Newport Beach Association of Realtors installation breakfast and the Susan G. Komen annual breakfast XII. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher commented on Item 5 (City Council L-6 Policy update — Encroachments in Public Rights - of -Way) and believed all City Council L Policies should be reviewed by the Parks, Beaches and Recreation Commission, not the Planning Commission XIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 27, 2018 City Council Meeting [100-20181 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. ORDINANCES FOR ADOPTIONG 3. Second Reading and Adoption of Ordinance No. 2018-17 — Amending Newport Beach Municipal Code Titles 1 and 17 Related to the Harbor Department [100-20181 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) Conduct second reading and adopt Ordinance No. 2018-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Titles I and 17 Related to the Harbor Department. Mayor Duffield recused himself from Item 3 due to business interest conflicts. Council Member Peotter recused himself from Item 3 since he did not participate during any of the meetings involving the item. 4. Second Reading and Adoption of Ordinance No. 2018-18 — Amending Newport Beach Municipal Code Title 17, Pertaining to Vessel Speed Limits [100-20181 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 Volume 63 - Page 654 City of Newport Beach Regular Meeting December 11, 2018 b) Conduct second reading and adopt 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. Mayor Duffield recused himself from Item 4 due to business interest conflicts. Council Member Peotter recused himself from Item 4 since he did not participate during any of the meetings involving the item. RESOLUTIONS FOR ADOPTION 5. City Council L-6 Policy Update — Encroachments in Public Rights -of -Way [100-20181 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; b) Approve the changes to City Council Policy L-6; and c) Adopt Resolution No. 2018-79, A Resolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council Policy L-6 Regarding Encroachments in the Public Rights -of -Way. 6. Resolution to Amend the Recycled Water Commodity Charge [100-20181 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) Adopt Resolution No. 2018-82, A Resolution of the City Council of the City of Newport Beach, California, Amending the Recycled Water Commodity Charge Effective February 1, 2019. CONTRACTS AND AGREEMENTS 7. Approval of Professional Services Agreement with Utility Systems Science & Software, Inc. for Flow Monitoring Services (C-8580-1) [381100-20181 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 Professional Services Agreement with Utility Systems Science & Software, Inc. for flow monitoring services for a three-year term with a total amount not -to -exceed $150,000, and authorize the Mayor and City Clerk to execute the agreement. 8. Tentative Agreement with Newport Beach Firefighters Association (C-2060) [381100-20181 a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to §§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) Receive and consider the Tentative Agreement between the City of Newport Beach and the Newport Beach Firefighters Association. 9. Annual Reporting on Development Impact Fees and Development Agreements (C-5387) [381100-20181 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) Receive and file the Annual Reports on Development Impact Fees and Development Agreements. MISCELLANEOUS 10. Planning Commission Agenda for the December 6, 2018 Meeting [100-20181 Receive and file. Volume 63 - Page 655 City of Newport Beach Regular Meeting December 11, 2018 Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the Consent Calendar, and noting the recusals by Mayor Duffield and Council Member Peotter on Items 3 and 4. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XV. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Hawkins expressed gratitude for the City's involvement in keeping Halloween safe on Santa Ana Avenue between 15th Street and Cliff Drive. He also thanked the Fire Department, Police Department and Council Member Avery for their efforts in keeping the vehicle traffic to a minimum that evening. Nancy Gardner indicated that the best thing Council can do to start fresh this year is update the General Plan and, in doing so, should agree on a vision with broad outreach. She also suggested fully utilizing the City's boards, commissions and committees to assist with the effort. Nancy Downs requested the City introduce a resolution opposing the resolution which proposes the expansion of offshore drilling throughout the Pacific Ocean and detailed the history of what other California cities are doing to oppose offshore drilling. Sandra Ayers expressed concerns regarding her belief that the City is asking the California Coastal Commission (CCC) to allow an increase in heights along the shoreline and asked for clarification on how this request originated. Council Member Peotter clarified that there is no height increase request by the City before the CCC, explained that before the CCC is a variance process that has been in place since 2010 and confirmed with Deputy Community Development Director Campbell that the height limits have been in place for 40 years, but were removed from the Local Coastal Program (LCP) and need to be added back in. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Duffield recessed the meeting at 6.52 p.m. XVII. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 7:00 P.M. PRESENTATIONS Motion by Council Member Herdman, seconded by Council Member Dixon, to proceed with the presentations. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield • Presentation of Certificate of Recognition to Council Member Peotter by Scott Carpenter, on behalf of Senator Moorlach's office. Scott Carpenter presented Council Member Peotter with a Certificate of Recognition and wished him well on his new endeavors. Volume 63 - Page 656 City of Newport Beach Regular Meeting December 11, 2018 Presentation of District Director Tim Whitacre, on behalf of Board of Supervisor Michelle Steel, to Mayor Duffy Duffield and Outgoing Council Member Scott Peotter District Director Whitacre presented Certificates of Recognition to Council Member Peotter and Mayor Duffy Duffield for their leadership and service to the City, wished everybody a happy holiday, and welcomed City Manager Leung to her new position. • Presentation to Outgoing Council Member Scott Peotter and Remarks by Council Member Peotter Mayor Duffield presented Council Member Peotter with a clock from the City along with Certificates of Recognition from Assemblyman Harper's Office. He discussed Council Member Peotter's efforts and accomplishments and remarked on his ability to stand by his actions even when they were not the most popular. Council Member Peotter thanked the residents of the City for allowing him to serve them over the last four years, listed his accomplishments during his term that he is most proud of, and wished incoming Council Member Brenner the best of luck and Godspeed. • Presentation of Gavel Plaque to Mayor Duffy Duffield and Remarks by Mayor Duffield Mayor Pro Tem O'Neill presented outgoing Mayor Duffield with a gavel plaque in recognition of his service as Mayor during 2018 and discussed the history of the Duffield family in the City. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS 11. Certification of General Municipal Election Results [39110-20181 City Clerk Brown provided a brief staff report and announced that the City's voter turnout was over 71%. Motion by Mavor Pro Tem O'Neill, seconded by Council Member Muldoon, 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) adopt Resolution No. 2018-83, AResolution. of the City Council of the City of Newport Beach, California, Reciting the Fact of the General Municipal Election Held on Tnesday, November 6, 2018, and Declaring the Result and Such Other Matters as Provided by Law. Jim Mosher believed that Precinct 53701 does have registered voters, that the Registrar of Voters office made a few errors in their election calculations, and commented on the overall voter turnout citywide. Susan Skinner announced that the supporters of Tim Stoaks, due to the vote being close, have asked the Registrar of Voters office for a recount which will begin on December 12, 2018, and indicated if anyone has any questions they can email her at susanskinner949@gmail.com. Jim Warren thanked Council Member Peotter for being available to his constituents and hoped more Council Members would follow in his footsteps. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield Volume 63 - Page 657 City of Newport Beach Regular Meeting December 11, 2018 REORGANIZATION 12. Administration of Oath of Office [39/100-2018] City Clerk Brown called re-elected Council Member Diane Dixon forward. The Honorable Steven D. Bromberg, Judge of the Superior Court of the State of California, administered the Oath of Office prescribed in the State Constitution, and City Clerk Brown presented a Certificate of Election to Council Member Dixon. City Clerk Brown called re-elected Council Member Duffy Duffield forward. City Clerk Brown administered the Oath of Office prescribed in the State Constitution, and presented a Certificate of Election to Council Member Duffield. City Clerk Brown called re-elected Council Member Kevin Muldoon forward. The Honorable John Adams, Judge of the Superior Court of the State of California, administered the Oath of Office prescribed in the State Constitution, and City Clerk Brown presented a Certificate of Election to Council Member Muldoon City Clerk Brown called newly -elected Council Member Joy Brenner forward. The Honorable Lynne Riddle, retired Federal Court Judge, administered the Oath of Office prescribed in the State Constitution, and City Clerk Brown presented a Certificate of Election to Council Member Brenner. 13. Election of Mayor City Clerk Brown, in presiding, placed all members of the City Council on an equal basis to nominate and elect. Council Member O'Neill nominated Council Member Dixon for the position of Mayor. Motion by Council Member O'Neill seconded by Council Member Muldoon, to close nominations. The motion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Brenner, Council Member Dixon, Council Member Duffield, Council Member Herdman, Council Member Muldoon, Council Member O'Neill Interested parties were invited to address the City Council. There being none, public comments were closed. City Clerk Brown asked if there was any further discussion relative to the nomination for Mayor. There being no further discussion, City Clerk Brown conducted oral votes for the Mayor seat. Without objection, Council Member Dixon was selected as the Mayor of the City of Newport Beach for 2018-2019. Mayor Dixon took her place at the Council dais. 14. Election of Mayor Pro Tem Mayor Dixon, in presiding, placed all members of the City Council on an equal basis to nominate and elect. Mayor Dixon nominated Council Member O'Neill for the position of Mayor Pro Tem. Volume 63 - Page 658 City of Newport Beach Regular Meeting December 11, 2018 Motion by Council Member Muldoon, seconded by Council Member Avery, to close nominations. The motion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Brenner, Council Member Duffield, Council Member Herdman, Council Member Muldoon, Council Member O'Neill, Mayor Dixon Interested parties were invited to address the City Council. There being no public comments, Mayor Dixon asked if there was any further discussion relative to the nomination for Mayor Pro Tem. There being no further discussion, Mayor Dixon conducted oral votes for the Mayor Pro Tem seat. Without objection, Council Member O'Neill was selected as the Mayor Pro Tem of the City of Newport Beach for 2018-2019. Mayor Pro Tem O'Neill took his place at the Council dais. State Assemblywoman Cottie Petrie -Norris presented Certificates of Recognition to the newly elected Council Members. 15. Seating Arrangements for City Council The Council Members decided on the seating arrangement for the Council dais, with senior Council Members having first preference and, in the event of equal seniority among Council Members, selection shall be made by the Council Member who received the highest margin of victory percentage in the most recent election. The following seating order was determined (left to right): Joy Brenner — Jeff Herdman — Will O'Neill — Diane Dixon — Kevin Muldoon — Duffy Duffield — Brad Avery 16. Remarks Elected Council Members'Remarks Council Member Muldoon thanked Judge Adams for swearing him in, thanked the voters for their trust in allowing him to serve them for another four years, his wife, Heather, and his son, Cannon, for their support, and finally, the Lord. He wished everyone a Merry Christmas. Council Member Brenner thanked and recognized the volunteers who helped during the campaign and ensured she would be keeping her campaign promises to listen to the voters and work with everyone on the City Council in a harmonious manner to do what is right for the City. New Mayor Remarks: Mayor Dixon thanked the people of Newport Beach for their support, Judge Bromberg for swearing her in, welcomed Council Member Brenner, listed upcoming items the new Council would focus on, recognized City staff for their efforts, vowed to work together with her six colleagues to be sure the quality of life in Newport Beach continues to meet and exceed expectations, and wished everyone a very happy holiday. Volume 63 - Page 659 City of Newport Beach Regular Meeting December 11, 2018 XVIII. CONSENT CALENDAR RESOLUTION FOR ADOPTION 17. Setting City Council Regular Meeting Dates for Calendar Year 2019 [100-2018] Motion by Mayor Pro Tem O'Neill seconded by Council Member Muldoon, 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) adopt Resolution No. 2018-84, AResolution of the City Council of the City of Newport Beach, California, Setting the Time and Dates of City Council Regular Meetings for Calendar Year 2019. The motion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Brenner, Council Member Duffield, Council Member Herdman, Council Member Muldoon, Mayor Pro Tem O'Neill, Mayor Dixon MISCELLANEOUS 18. Designation of City's Representatives Under California Government Code Section 54957.6(A): Motion by Mayor Pro Tem O'Neill, seconded by Council Member Muldoon, to designate the Mayor and Mayor Pro Tem as the City's designated representative for purposes of labor negotiations with all unrepresented employees within the Key and Management Group including, but not limited to, the City Manager, City Attorney and City Clerk, pursuant to California Government Code Section 54957.6(a). The motion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Brenner, Council Member Duffield, Council Member Herdman, Council Member Muldoon, Mayor Pro Tem O'Neill, Mayor Dixon XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - 8:02 p.m. The agenda and amended agenda were 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 December 6, 2018, at 4:00 p.m Leilani I. Brown City Clerk Diane B. Dixon Mayor Volume 63 - Page 660