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HomeMy WebLinkAbout01 - MinutesNovember 19, 2019 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Closed Session and Regular Meeting November 5, 2019 I. ROLL CALL - 5:30 p.m. Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman Excused: Council Member Kevin Muldoon II. PUBLIC COMMENTS Jim Mosher discussed the Council -Manager form of government, believed staff has stepped in to fill Council's void because this and past Councils have been more involved in the City's day-to-day activities, cited the Legislative Platform (Item 6) as an example of this, and hoped Council does not just think about the City Manager's performance during Closed Session, but also consider Council's role in the Council - Manager form of government. City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the items listed in the Closed Session agenda and read the titles. 3 III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 3 matters 1. Property: 4200 Campus Drive, Newport Beach, CA 92660 APN: 427-121-01 Agency Negotiators: Grace Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: Avis Rent A Car Systems, LLC; and D.E.K.K. Associates, a California limited partnership Under Negotiation: Price and terms of payment 2. Property: 3175 Airway Avenue, Costa Mesa, CA 92627 APN: 427-091-12 Agency Negotiators: Grace Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: City of Costa Mesa Under Negotiation: Price and terms of payment 3. Property: 1885 Anaheim Avenue, Costa Mesa, CA 92627 APN: 424-211-12 Agency Negotiators: Grace Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: City of Costa Mesa Under Negotiation: Price and terms of payment B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Newport Beach Police Association; Kelly Maslin; Michelle Hampton; Dallas Lopez u. City of Newport Beach OCSC Case No. 30-2019- 01101368-CU-BC-CJC Volume 64 - Page 237 City of Newport Beach Closed Session and Regular Meeting November 5, 2019 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 1 matter Title: Grace K. Leung, City Manager IV. RECESSED - 5:36 p.m. V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman Excused: Council Member Kevin Muldoon VII. CLOSED SESSION REPORT City Attorney Harp announced that no reportable actions were taken. VIII. INVOCATION - Sayed Mandi al-Qazwini, Associate Imam, Islamic Education Center of Orange County, Costa Mesa V IN. PLEDGE OF ALLEGIANCE - Council Member Herdman X. PRESENTATION ., • Nurse Practitioner Week Proclamation Mayor Dixon read the proclamation and presented it to Demetra Bastas-Bratkic and Valerie Kading, who thanked the City and noted how proud they are of their profession. XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Avery: Attended the Orange County Sanitation District (OCSD) Board meeting and the Economic Forecast sponsored by the Newport Beach Chamber of Commerce Council Member Brenner: • Attended the Economic Forecast, a Corona del Mar Business Improvement District Beautification Award presentation to Engel and Voelkers, her first meeting as an Advocate on the OASIS Board of Advocates, and the Banning Ranch Conservancy Gala where it was announced that they received a $50 million donation and suggested having the Conservancy provide an update on their progress (slide) • Discussed Mind OC, headed by Dr. Richard Affable, which is committed to ending the mental health crisis in the County, provided statistics relative to the psychiatric bed shortage in the country, reported that the Homeless Task Force Education Outreach Subcommittee is planning a mental health education meeting early in 2020 which will be similar to the Homeless 101 class that occurred on October 23, 2019, reviewed the benefits and cost of housing the homeless (slide), and reported that the video of the session is online and the City Manager provides weekly homeless updates • Held her first Town Hall meeting on October 23, 2019, discussed the questionnaire, and announced that the Corona del Mar Residents Association will be sending out a survey to its members to gather input • Participated in a Veterans Day Award presentation at Freedom Hall for two Newport Beach Veterans, Addie Collins-Zinone and William Stewart (slide), and a ribbon cutting ceremony at the Tavern House Kitchen and Bar Volume 64 - Page 238 City of Newport Beach Closed Session and Regular Meeting November 5, 2019 Announced that Fire Chief Boyles and Fire Marshal Bass will be conducting wildfire management meetings on November 12, 2019 at 6:30 p.m. and December 12, 2019 at 6:00 p.m. at the OASIS Senior Center Council Member Herdman: • Attended the ribbon cutting for the Boys and Girls Club of Newport Beach, Council Member Brenner's Town Hall meeting, the community fair to kick-off the General Plan Update process, the Cliff Haven Meet and Greet event, and an Aviation Committee meeting • Announced that the Short Term Lodging Ad Hoc Committee and Ad Hoc Business Improvement Committee continue to meet and will eventually bring recommendations to Council • Reported on the Washington DC airport advocacy trip he took with Mayor Dixon and reviewed the message the City relayed relative to John Wayne Airport (JWA) Mayor Pro Tem O'Neill • Announced he conducted the coin toss at the Battle of the Bay game and congratulated Corona del Mar High School on their win, and was the voice for the surf report on October 30, 2019 • Attended the Orange County Transportation Authority (OCTA) Mayor's Forum with Public Works Director Webb, and the Distinguished Citizen Program Graduation • Reported that the Homeless Task Force will be meeting on November 12, 2019, he will have office hours on November 13, 2019, the Finance Committee will be meeting on November 14, 2019, and the Citizen of the Year event will be held on November 15, 2019 V Mayor Dixon: • Attended the ribbon cutting for the re -opening of the Boys and Girls Club of Newport Beach, the Economic Forecast, and the Association of California Cities — Orange County (ACC -OC) Regional Housing Forum • Announced the upcoming General Plan Workshops (slide), the Veterans Day closure, and thanked all Veterans for their service (slide) • Commended and reported on the Newport Beach Fire Department's assistance during the Tick Fire and Kincade Fire (slide), and announced that the Fire Department will be working with residents in the fire hazard zones • Reported on the Washington DC airport advocacy trip, discussed the Federal Aviation Administration (FAA) Reauthorization Act and its provisions relative to community engagement, noise, health and pollution concerns, reviewed the letter that the Quiet Skies Caucus sent to FAA Administrator Stephen Dickson, indicated the City will be working to have Newport Beach referenced in future correspondence, assured the community that the City and 47 Members of Congress are aligned with their passion related to airport issues, and emphasized that Congresswoman Eleanor Holmes Norton, Co -Chair of the Quiet Skies Caucus, will be holding the FAA s feet to the fire XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher requested page 235 of the minutes be amended (Item 1) and suggested receiving input from residents and City boards, commissions and committees relative to the Legislative Platform (Item 6). XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 22, 2019 City Council Meeting [100-2019] Waive reading of subject minutes, approve as amended, 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. Volume 64 - Page 239 City of Newport Beach Closed Session and Regular Meeting November 5, 2019 ORDINANCE FOR INTRODUCTION 3. Ordinance No. 2019-16: Amending Chapter 14.12 Water Rates and Charges [100-2019] 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) Introduce Ordinance No. 2019-16, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 14.12 (Water Rates and Charges) of the Newport Beach Municipal Code Setting Water Rates by Resolution and Other Related Changes, and pass to second reading on November 19, 2019. 1.,1 D1CYI]I1�IY[IAgC9�/].,l Ef I7I]JY[IAq 4. Resolution No. 2019-93: Approval of Measure M2 Expenditure Report [100-2019] 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. 2019-93, A Resolution of the City Council of the City of Newport Beach, California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the Fiscal Year Ending June 30, 2019. 5. Resolution No. 2019-94: Reducing Crime and Keeping California Safe Act of 2020 [100-2019] 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. 2019-94, A Resolution of the City Council of the City of Newport Beach, California, Supporting the Reducing Crime and Keeping California Safe Act of 2020. 6. Resolution No. 2019-95: Approving a Legislative Platform [100-2019] 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. 2019-95, A Resolution of the City Council of the City of Newport Beach, California, Approving a Legislative Platform, and authorizing the Mayor to issue statements and letters consistent with the amended Legislative Platform. CONTRACTS AND AGREEMENTS 7. 2018-2019 Facilities Painting Project - Notice of Completion for Contract No. 7499-1 (18F02) [38/100-2019] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond two years after acceptance by the City Council. Council Members Brenner and Herdman recused themselves due to real property interest conflicts. S. Workers' Compensation Claims Administrator - Approval of Professional Services Agreement with AdminSure, Inc. (C-8613-1) [38/100-2019] 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 a five-year Professional Services Agreement with AdminSure, Inc. for Third Party Workers' Compensation Claims Administration Services at a not -to -exceed amount of $1,705,506.79, and authorize the Mayor and City Clerk to execute the Agreement. Volume 64 - Page 240 City of Newport Beach Closed Session and Regular Meeting November 5, 2019 MISCELLANEOUS 9. Annual Reporting on Development Impact Fees and Development Agreements 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, review and file the Annual Reports on Development Impact Fees and Development Agreements. Motion by Mavor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the Consent Calendar; and noting the recusals by Council Member Brenner and Council Member Herdman on Item 7 and amendments to Items 1 and 6. The motion carried unanimously. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Nancy Gardner, Friends of the Newport Beach Animal Shelter (FONBAS) Board Member, noted that one of their main goals is to provide a permanent site for the shelter. John Langford, FONBAS Board Vice President, stated they have been working tirelessly for years and he is looking forward to working with the City on their efforts. Drew Lawler, speaking on behalf of the Beacon Bay Community Association, refuted the October 8, 2019 Beacon Bay Ground Lease Finance Subcommittee report regarding Beacon Bay lease rental rates, believed the outcome is not sustainable, and suggested the City form a working group consisting of Council Members and Beacon Bay residents to review the rental rates or that the City and Beacon Bay residents go to mediation/arbitration. Mr. Lawler also stated that, if the City and Beacon Bay residents are not able to reach an agreement, the Beacon Bay residents are prepared to initiate litigation. Jack Rose, Ebb Tide resident, discussed the Voter Rights Act, questioned whether the City should still have at -large elections, and suggested that Council place district -based voting on a future agenda. Jim Mosher noted how often the Planning Commission has canceled its meetings due to lack of business, in comparison to the Zoning Administrator agenda where there are eleven items on it. Luke Dru suggested making it clearer that the Newport, Together campaign is the outreach program for the General Plan Update process. XVII. PUBLIC HEARING 10. Adoption of the 2019 California Building Standards Codes and California Fire Code with Local Amendments [100-2019] Community Development Director Jurjis, Deputy Community Development Director Ghosn, and Fire Marshal Bass explained that the City is required to adopt standards and, if needed, make amendments to the Building and Fire Codes before the end of the year; utilized a presentation to discuss the changes being proposed to the Administrative Code, Building Code, Residential Code, International Swimming Pool and Spa Code, and Fire Code; noted the proposed wildland codes will come before Council in early 2020; discussed the community outreach conducted on October 15, 2019 and the meeting with the Building and Fire Board of Appeals; and indicated that the Building Industry Association (BIA) did not provide any comments. Mayor Dixon opened the public hearing. Volume 64 - Page 241 City of Newport Beach Closed Session and Regular Meeting November 5, 2019 XVIII. Jim Mosher believed the presentation did not incorporate all the changes being made as noted in the staff report, indicated that previously adopted modifications are still included in the Municipal Code, noted that only Council has seen the actual revisions while the community and Building and Fire Board of Appeals only saw the presentation, and hoped the ordinances do what the presentation states they are going to do. Hearing no further testimony, Mayor Dixon closed the public hearing. Motion by Mavor Pro Tem O'Neill, seconded by Council Member Duffield, to a) find the proposed actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because they will not result in a physical change to the environment, directly or indirectly; b) adopt Resolution No. 2019-96, AResolution of the City Council of the City of Newport Beach, California, Setting Forth Findings Based on Local Conditions Within the City of Newport Beach Which Make Certain Modifications and Changes to the International Property Maintenance Code, the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code and the International Pool and Spa Code as Reasonably Necessary because of Local Climatic, Geographic, or Topographic Conditions; c) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 15 (Building and Construction) of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division II of the 2019 California Building Code Designated as the Newport Beach Administrative Code, 2019 California Historical Code, 2019 California Existing Building Code, 2019 California Green Building Standards Code, and 2019 California Energy Code, 2018 International Property Maintenance Code with Local Amendments, 2019 Edition of the California Building Code, 2019 Edition of the California Residential Code, 2019 California Electrical Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2018 International Swimming Pool and Spa Code with Local Amendments and Amending Chapter 15.10 (Excavation and Grading), and pass to second reading on November 19, 2019; d) adopt Resolution No. 2019-97, A Resolution of the City Council of the City of Newport Beach, California, Setting Forth Findings Based on Local Conditions Within the City of Newport Beach Which Make Certain Modification and Changes to the 2019 Edition of the California Fire Code as Reasonably Necessary because of Local Climatic, Geographic, or Topographic Conditions; and e) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-18, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the 2019 Edition of the California Fire Code, as forth in Title 24, Part 9 of the California Code of Regulations, with Local Amendments, and pass to second reading on November 19, 2019. The motion carried unanimously. 11. Consideration of Directing the Parks, Beaches & Recreation Commission to Evaluate the Feasibility of a Community Pool at Lower Castaways Park [100-2019] Recreation and Senior Services Director Detweiler requested direction from Council on whether to work with the Parks, Beaches & Recreation Commission (PB&R), hire an architect to review the feasibility of using Lower Castaways Park, and conduct community outreach to determine if residents are interested in having an aquatic facility at that location and what it would look like. She noted that there appears to be a commitment from the community to generate private funding to offset construction costs. In response to Council questions, Recreation and Senior Services Director Detweiler believed that having an aquatic facility would be valuable to the community since Newport Beach does not have a City pool, the community is very involved with aquatic activities, there is limited availability to use the high school pools, and the City struggles to meet the aquatic needs of the community. She added that she felt the pool would be heavily utilized and would take the pressure off of the high school pools, discussed the activities that would be available at the aquatic facility, including rowing, and noted the pool would not be used for competitive swimming or sports. Volume 64 - Page 242 City of Newport Beach Closed Session and Regular Meeting November 5, 2019 Mayor Pro Tem O'Neill expressed concerns with financing this when there are projects waiting in the Capital Improvement Program (CIP) queue that require a substantial amount of money. Evelyn Hart indicated the OASIS Senior Center tried to locate a pool at its facility but was not able to, the community has been waiting ten years for this opportunity, she created a committee that will try to raise half of the the funds, and requested that a Council Member join the committee. Mike Zimmerman, President of the OASIS Senior Center Board, stated that he is confident that the Lower Castaways Park location is the right location for a community pool, believed this type of facility is aesthetically needed in that area, listed the committee members, and believed Hoag Hospital would also participate in the effort. Walt Howald, PB&R Commissioner, requested that PB&R be given a chance to look into the possibility of having a community pool, but agreed they would need direction from Council. Jim Mosher stated his street has a community pool that costs less than $700,000 a year to maintain, believed Lower Castaways Park should be maintained for marine uses, questioned what happened to the plan for the park that was presented a few years ago, suggested PB&R not be restrained from considering other sites if this moves forward, and suggested other locations to review. Council Member Duffield agreed that the City needs a community pool and suggested locating it at Marina Park rather than at Lower Castaways Park. Mayor Pro Tem O'Neill indicated that the Lower Castaways Park location would also need to be reviewed by the Harbor Commission. Council Member Herdman believed a pool is needed in the City, but agreed that the Lower Castaways Park site needs to be vetted by the Harbor Commission. Council Member Brenner noted that this will not just be a pool at Lower Castaways Park, but an aquatic center with marine uses, and emphasized that, if the City is going to only have one community pool, it should be centrally located in the City. Motion by Mavor Dixon. seconded by Council Member Brenner, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) direct the Parks, Beaches & Recreation Commission and Harbor Commission to form an ad hoc committee to study the feasibility of a community pool at Lower Castaways Park through architectural review and community outreach. The study shall include review of other potential locations throughout the City. The motion carried unanimously. 12. Resolution No. 2019-98: City Council Policy H-1, Harbor Permit Policy - Proposed Revisions [100-20191 Council Member Duffield recused himself due to business interest conflicts. Public Works Manager Miller noted that a revised policy amendment was distributed and provided a brief report. In response to Mayor Dixon's questions, Public Works Manager Miller reported that the Harbor Commission did not make substantive changes to the policy, other than to add clarifying language. Volume 64 - Page 243 City of Newport Beach Closed Session and Regular Meeting November 5, 2019 Jim Mosher requested clarification relative to replacing existing piers, particularly whether and when they can be replaced like -for -like, brought up to current standards, or extended past the pierhead line. Public Works Manager Miller explained that the paragraph the Harbor Commission added to the policy is to assist staff, the Harbor Commission, and City Council when making decisions for dock projects in unusual areas of the Harbor where harbor permit lines do not exist, as shown on the slides depicting Collin Island, the west part of the Harbor near the Newport Boulevard Bridge, and in the West Newport area. Motion by Mavor Pro Tem O'Neill, 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; and b) adopt Resolution No. 2019-98, AResolution of the City Council of the City of Newport Beach, California, Adopting aRevised City Council Policy H-1 "Harbor Permit Policy." With Council Member Duffield recusing himself, the motion carried 5-0. 13. Introduction of Ordinances Modifying the City's Regulation of Municipal Campaign Contribution and Expenditure Limits and Establishing Lobbyist Registration, Reporting and Disclosure Requirements [100-2019] City Attorney Harp utilized a presentation to discuss the Ad Hoc Committee on Election Reform's duties and considerations regarding lobbyist regulations, campaign contributions, election year fundraising, and slate mail. He highlighted the proposals relative to lobbyist regulations and campaign contributions, and indicated that significant modifications were made after the October 14, 2019 public meeting due to input received at the meeting. Mayor Pro Tem O'Neill thanked Council Member Herdman for bringing this forward, noted the committee consisted of himself, Council Member Brenner and Council Member Avery, explained the committee's thought process relative to off -election year campaigning, reviewed the opportunities for public involvement, pointed out that this is a big step for the City, assured everyone that the ordinances can be amended in the future, and emphasized that the goal of the campaign contribution ordinance is to provide information and ensure compliance with the campaign limits, not to be punitive. Mayor Dixon thanked Council Member Herdman and the committee, noted this would be the first time the City would require lobbyist registration, believed the ordinances are the beginning of a great foundation, noted the ordinances can be amended, and agreed that an incremental approach is appropriate. Council Member Herdman thanked the committee, emphasized how passionate he is about election reform, stated he is satisfied that the ordinances address his concerns and make a good attempt to bring reform to the City. Council Member Avery noted that there are a lot of election laws, believed the committee struck a balance, emphasized the ordinances are not intended to be "got you" regulations, emphasized that residents deserve a fair process, believed the committee was committed to respecting Council Member Herdman's wishes, and expressed his appreciation to his fellow committee members. Council Member Brenner stated that Mayor Pro Tem O'Neill and Council Member Avery were genuine, sincere, and thoughtful while reviewing every topic, assured everyone that the outcome was a collaborative effort, believed this is a great first step, stated she is proud that the City will be one of a handful of cities to have lobbyist regulations, and reiterated that Council will make revisions to the ordinances if needed. In response to Council questions, City Attorney Harp indicated he will review district election concerns. Jennifer McDonald believed the ordinance does not address non-stop fundraising issues and there are no real consequences for breaking the law, and suggested receiving more public input and coming up with something that everyone can support. Volume 64 - Page 244 City of Newport Beach Closed Session and Regular Meeting November 5, 2019 Lynn Lorenz referenced and commended Ms. McDonald's email, stated it is important to clearly communicate and distribute the rules, believed Council should consider Ms. McDonald's solutions, and expressed the opinion that the process for enforcement of campaign contribution violations is weak. Carol Anne Dru read a letter from Portia Weiss which expressed the need for election reform and encouraged Council to make every effort to reach out and inform the residents of what is happening. Portia Weiss stated that Council is on the right track, hoped they stay on it, appreciated Council's efforts, and looked forward to amazing results. Jim Mosher suggested the City use its filing system for lobbyist registration, rather than involve the County, and Council direct the City Clerk on what information to collect from the lobbyists. He expressed concerns related to the notification letter, indicated that, at the public meeting, there was concern about the District Attorney following through and enforcing the ordinances, and noted there is an assembly bill that allows the City to ask the Fair Political Practices Commission (FPPC) to monitor its local campaign finance rules. Phillip Greer believed more public input is needed, suggested allowing the City Attorney to appoint special counsel or a special prosecutor so the City can enforce its rules, and indicated he has already thought of ways to circumvent this. Tom Baker stated it is unfortunate that more residents were not involved in the election reform process, believed more public input is needed, agreed with Ms. McDonald's suggestions, and recommended not approving this tonight. Mayor Pro Tem O'Neill emphasized that sending violations to the District Attorney is not weak since he is the chief prosecutor, pointed out that a person is removed from office if convicted of a misdemeanor, reiterated that the committee's formation was publicized in the newspapers and the public had the opportunity to provide feedback, reported that the committee only received two letters and incorporated a lot of the suggestions into the ordinances, noted that the public meeting had a dozen people in attendance and there are even less people in the audience at tonight's Council meeting, and believed having more meetings would delay the process. Motion by Mayor Pro Tem O'Neill, seconded by Mavor Dixon, to a) determine this action is exempt from the California Environmental Quality Act (CEQN') 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. 2019-19, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 1.25 of Title 1 of the Newport Beach Municipal Code Pertaining to Municipal Campaign Contribution and Expenditure Limits, and pass to second reading on November 19, 2019; and c) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-20, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 1.12.020, Subsection J, and Adding Chapter 1.28 to Title 1 of the Newport Beach Municipal Code to Increase Transparency in Government Operations and Establish Lobbyist Registration, Reporting and Disclosure Requirements, and pass to second reading on November 19, 2019. In response to Council Member Brenner's questions, City Attorney Harp indicated the City Attorney's Office handles a majority of the Municipal Code violations, but can also forward them to the District Attorney's Office, which has an ethical duty to take action on issues when they believe a crime has been committed. He noted the ordinance cleans up previous ambiguities and stated he doubts the District Attorney would not file a case if it was an obvious violation of the Municipal Code. He expressed the opinion that the District Attorney is the appropriate prosecutor since he is separate from the City, unlike the City Attorney's Office where the public could allege he is being influenced. He also confirmed the City can utilize its electronic filing system if the County does not allow the City to use its system. Volume 64 - Page 245 City of Newport Beach Closed Session and Regular Meeting November 5, 2019 Council Member Brenner noted she initially wanted to conduct all the committee meetings in public; however, expressed the opinion that there does not seem to be a lot of people interested in this topic, so she does not feel more meetings are needed. She assured everyone that Council will bring this back for revisions if needed. Council Member Herdman stated that one of the reasons he ran for City Council was because he believed election reform was needed, reiterated that he is completely satisfied with the work that the committee has done, believed people should give it a chance, noted it can be amended if needed, and thanked everyone who attended tonight's meeting. In response to Mayor Dixon's question, Mayor Pro Tem O'Neill noted that the FPPC does not prosecute for misdemeanors and only issues administrative fines. The motion carried unanimously. XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT- 9:32 p.m. The agenda was posted on the City's website located in the entrance of the City Council Ch; 2019, at 4:00 p.m. Volume 64 - Page 246 Z,„ he CJ Ijall electronic bulletin board t 1Q0 Center Drive on October 31, ie B. Dixon or