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HomeMy WebLinkAbout01 - MinutesCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting July 14, 2015 I. ROLL CALL - 3:30 p.m. II. July 28, 2015 Agenda Item No. 1 Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich SSl. Clarification of Items on the Consent Calendar -None SS2. Balboa Island Seawalls -Repair and Maintenance Options [100 -20151 Public Works Director Webb provided a PowerPoint presentation and thanked those involved in the project, noting that this has been a long process. He provided a brief history of the item and discussed the various public meetings held and the project background. He addressed existing wall conditions, issues of concern regarding the seawalls, and Tidelands Management Committee (TMC) review. Assistant City Engineer Stein highlighted primary issues to address the seawalls, maintaining the structural integrity of the seawalls, current water overtopping of the seawalls, planning for future sea level rise, initial minimum top of seawall elevation levels to provide normal overtopping flood projection until 2025, seawall replacement options considered, details of the various options, Grand Canal as -built conditions, prior seawall failure, Grand Canal cap veneer spalled, and easement requirements. Public Works Director Webb noted that, relative to a new seawall, it will be a cantilevered system and cooperation with residents will be needed. Assistant City Engineer Stein presented a summary of the proposed improvements under the various options, addressed annual dredging for the sand buttress, and discussed the higher risks associated with Options C and D. He provided a cost summary of all the options, including initial costs and expected useful life. Additionally, he provided a comparison of Options B and C, and details of the preliminary schedule. Finance Director Matusiewicz noted the importance of including the time value of money with respect to long term projects. He addressed a present value cost analysis, funding history and results, discussed the Harbor Capital Fund, and highlighted funding options. Public Works Director Webb referenced the Harbor Capital Plan and projects within it. He summarized the options and the benefits of each option. Mayor Selich thanked staff for all the work they have done on this project over the last four years. He added that Assistant City Engineer Stein is an expert on this matter and commented on the value of his expertise. He reported that he has been involved with this project since the day he became a Council Member, talked to many Balboa Island residents to get their input, studied and researched the information, and is familiar with the City's budget. He proposed a modified Option D alternative to: 1) support staffs recommendations relative to seawall heights, 2) stabilize the Grand Canal seawalls by Volume 62 - Page 377 City of Newport Beach Study Session and Regular Meeting July 14, 2015 dredging sand from the canal and maintaining the sand against the seawall on an as- needed basis and maintain the mudline on a no less than annual basis to keep the seawalls stabilized without the need for easements, 3) raise the Grand Canal seawall on an incremental basis as part of a repair and maintenance program to the recommended heights, 4) stabilize the west end wall on a repair and maintenance basis where feasible, 5) conduct an in -depth survey of the 640 -foot section at the west end from Park Avenue toward Garnet, 6) determine if repair is feasible and move forward with stabilization on a repair and maintenance basis, 7) if the repair is not feasible, design a new wall for the 640 - foot section to be constructed on an emergency basis and file the appropriate construction applications, 8) raise the north and south Bayfront walls on an incremental basis as part of a repair and maintenance program, initially concentrating on the overtopping areas, 9) fund the project from a combination of tidelands and General Fund money and have staff return to Council with recommendations on how to fund the project without negatively affecting other funds in the City and putting other projects at risk, and 10) develop a sea level rise plan for the City, as required by the Coastal Commission and other State agencies. Mayor Selich noted the small difference between the cheapest and most expensive plans. He announced an upcoming meeting on Balboa Island on July 26 at the Balboa Island Fire Station and another meeting hosted by Speak Up Newport on August 12 where discussion regarding the matter will take place. Council Member Duffield noted that timing is a concern. He agreed with Mayor Selich's modified option. In response to his question regarding why the idea of a soldier pile and whaler were not considered on the west end in lieu of tie - backs, Assistant City Engineer Stein stated that was suggested as an option a year ago and commented on challenges with installation. Paul Meyer commended staff and Council for their work and reported that, in reviewing the proposals on behalf of Balboa Island residents, they are grateful that the City is considering the importance of property values. He asked whether the North Bayfront had to end at the location shown on the diagrams or whether it should extend to the true north end. Mark Tabbert, Citizens Climate Lobby, provided a written copy of his comments and asked Council to conduct a Citywide, on -going discussion on climate change. He noted the importance of the matter, provided scientific research, and believed that adaptation to changing climate is something every city should consider. He suggested holding community meetings and inviting community educators in climate change, psychology, and economics. He added that Citizens Climate Lobby is well- versed on the subject. John Heffernan asked regarding funding sources for the project, referenced the City's actions regarding reducing Tideland fees and addressed fee increases by the Balboa Yacht Club. He suggested having private pier owners pay their fair share and expressed concerns that residents will be called upon to pay for the seawalls while private pier owners are paying less. Kathy Frazer spoke in support of Option E where Council considers fixing the seawall between Island Avenue and Lindo since Island Avenue floods are causing damage to personal property. Craig Smith distributed a handout and believed that there is a gap in the seawall along Edgewater, between Island Avenue and Lindo. He reported that water has overtopped that area. He referenced seawall measurements included in his handout and noted that, on Thanksgiving, the water was within five inches of the top of the seawall. Volume 62 - Page 378 City of Newport Beach Study Session and Regular Meeting July 14, 2015 In response to Mayor Selich's question, Public Works Director Webb reported that the area discussed by Mr. Smith is public and outside of the right -of -way. Don Abrams noted the importance of moving the project forward. He believed that dredging the Grand Canal could be done on an emergency basis. He referenced E1 Nino and urged Council to start dredging as soon as possible. He believed that a special assessment for Balboa Island residents will not be fair and that the plan where 93 easements are required from Grand Canal residents is not practical. Jim Dastur, Chair of the Balboa Island Association Committee on Seawalls, believed that the City is headed in the right direction. Regarding the options, he stated that the Committee decided that it is not their responsibility to make recommendations based on the options and that the City would be better served if Council did so. He listed the following parameters: 1) the City accept responsibility for the structural integrity of the seawalls now and the foreseeable future, 2) the City accept the responsibility for keeping Balboa Island from flooding now and in the immediate future, 3) the City accept the culture of Balboa Island, as well as protecting access to the public and views of homeowners; and 4) the City pay for the necessary work on the seawalls. He noted there is no clear choice in terms of cost and addressed implementing an incremental solution. In response to Council Member Petros' questions regarding the City's Coastal Commission approval of the Eelgrass Mitigation Plan and the City's ability to dredge, Mayor Selich reported that the City will most likely receive the permit in September. He clarified that the permit is an annual permit and discussed its limitations, restrictions, and purpose. He indicated that he doubts that enough residential pier owners will be able to use the maximum requirements this year, so the difference can be made available to the City in order to dredge the Grand Canal between September 2015 and the end of the year. He added that there is the option to postpone the residential demands until 2016 if the City believed there was an immediate need to conduct the dredging. Harbor Resources Manager Miller confirmed Mayor Selich's explanation. Council Member Petros indicated that he would support action on the Grand Canal dredging as a priority while the City considers a hybrid of Options B and C. In response to Ron Corradini's question, City Manager Kiff stated that the proposed heights are 9.0 -feet for the south side and 8.5 -feet for the north side. Mr. Corradini expressed support for the proposed heights and believed that the entire City should be paying For the seawalls since everyone uses the boardwalk. Sue Savary thanked Council and staff. She expressed support for Option A and suggested looking at other government options for funding. Brian Ouzounian addressed unforeseen surface conditions and suggested building the structure to accommodate greater heights, if needed. He added that this is a matter of looking ahead and noted the need to upgrade to a first -class infrastructure. He recommended that the City set up a Go- Fund -Me to save Balboa Island. Lee Pearl thanked Council and staff for their work and addressed the importance of reviewing the Tidelands Fund, City's infrastructure, and capital improvements that need to be made over the next 50 years in order to set money aside for those projects. He believed that the proper thing to do is to rebuild the seawalls. Jeff Herdman asked that the City remove the markers indicating the heights throughout Balboa Island as many have been vandalized. Volume 62 - Page 379 City of Newport Beach Study Session and Regular Meeting July 14, 2015 Council Member Muldoon agreed with Council Member Petros regarding expediting emergency dredging in the area. He noted that Balboa Island has a public easement around it that is not entirely tidelands. He added that other funds could be used since everyone uses Balboa Island. He agreed with Mayor Selich's plan, noting that projects this big do not have to be done overnight. Council Member Petros complemented staff and Mayor Selich. He commented on the Mayor's proposal and stated that he would support that type of an approach for a short - term solution. He commented on Council Member Duffield's alternative methods of installation and believed that they should be studied. He reported that the Coastal Commission recently approved the City's Eelgrass Mitigation Plan and stated that the City should start using it. Additionally, he stated that he would like to see how Council can continue to direct staff to follow -up with Mayor Selich's and Council Member Duffeld's proposals to get the Grand Canal dredged as soon as possible. He added that there is a public easement around Balboa Island and believed that it is the City's responsibility to improve, maintain, and manage it. Oft In reply to Mayor Pro Tern Dixon's questions, Public Works Director Webb reported that staff needs to determine the level of permitting required for the project. He stated that there is hope with the new Eelgrass Mitigation Plan and plans are already being made to dredge the Grand Canal. He indicated that staff will need to look at how to repair or cap the walls and see what Coastal Commission permits are required. Regarding her question as to whether the Peninsula Edgewater has been factored in, Public Works Director Webb reported that there are isolated areas that need to be reviewed by the Tidelands Management Committee. Mayor Pro Tem Dixon suggested moving forward with whatever is needed on the Peninsula. Council Member Curry congratulated staff for their research and presentation, as well as the Mayor for working with the community to develop a solution. He addressed the costs of the project and reported that all Newport Beach citizens will participate in financing this project. Additionally, he addressed reductions in Tidelands fees at a time where they need to form the basis for moving forward and reported that the General Fund will most likely subsidize this project. He addressed Bay Island and reported that improvements there were paid for by the residents. He noted the need to move quickly, address these issues, and expressed support for dredging the Grand Canal. Council Member Peotter thanked staff and Mayor Selich, and stated he appreciated him working with Council Member Duffield to develop some engineering alternatives. He agreed with Mayor Pro Tern Dixon in terms of the need for urgency and commented on the need to dredge the Grand Canal this winter. He encouraged conducting engineering studies to look at the west wall and suggested forwarding this matter to the Finance Committee. III. PUBLIC COMMENTS - None City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. IV. CLOSED SESSION - 5:13 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Volume 62 - Page 380 City of Newport Beach Study Session and Regular Meeting July 14, 2015 Agency Designated Representatives: Dave Kiff, City Manager, Terri Cassidy, Deputy City Manager and Jonathan Holtzman, Labor Negotiator; Negotiators. Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBP.M.A); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 2 matters Council Member Peotter recused himself because of the possible effect of the matter on his personal finances. C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 1 matter Pacific Shores Properties, LLC, et al. v. City of Newport Beach Newport Coast Recovery, LLC, et al. v. City of Newport Beach United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09- 00701-JVX (RNBx) United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING AND SPECIAL MEETING VII. ROLL CALL Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich VIII. CLOSED SESSION REPORT Regarding Item IV.0 (Existing Litigation), City Attorney Harp announced that Pacific Shores Properties, Newport Coast Recovery, and Yellowstone Women's First Step House have entered into a Settlement Agreement with the City that resolves all disputes between the parties. Pursuant to the terms of the Settlement Agreement, upon the payment of $5.25 million, the plaintiffs will dismiss their lawsuit and file a request to withdraw each of the plaintiffs housing discrimination complaints that were made against the City with the United States Department of Housing and Urban Development. He reported that the Settlement Agreement fully resolves all disputes between the parties. The motion was made by Mayor Selich, seconded by Council Member Peotter, and all members of the City Council voted in favor of the settlement. He announced that the City will have a press release made available regarding this matter. City Attorney Harp also announced that Council Member Peotter recused himself on Item IV.B (Initiation of Litigation) due to the effect of the matter on his personal finances. IX. PLEDGE OF ALLEGIANCE - Council Member Petros X. INVOCATION - Rabbi Wvod Wieder, Temple Beth El of South Orange County Volume 62 - Page 381 City of Newport Beach Study Session and Regular Meeting July 14, 2015 Mayor Selich recessed the meeting to the Special Meeting, for which a separate agenda and minutes were provided under separate cover. He reconvened the Regular Meeting at 9:23 p.m. with all members of the City Council in attendance. M. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON- DISCUSSION ITEMS) Mayor Pro Tom Dixon commented on the success of the recent July 4th Holiday weekend and provided statistics from the Police and Fire Departments. She thanked all those involved in making it a successful holiday. Council Member Muldoon announced the running of the Special Olympics Torch through the City on July 20. Referencing an email sent by Council Member Peotter regarding the recent Supreme Court decision, Council Member Curry requested that a report come back to the City Council requesting a waiver of City Council Policy A -6 (Open Meeting Policies), consideration of referring Newport Beach Municipal Code (NBMC) violations to the District Attorney, consideration of an amendment to the NBMC regarding use of the City seal, and consideration of adopting a resolution of censure similar to the 2003 resolution for former Council Member Nichols. Council Member Curry reported meeting with the Dalai Lama earlier this month where he spoke regarding Cities of Kindness and the campaign where people could log onto a website and register acts of kindness. He stated that Newport Beach can become a City of Kindness and asked staff to bring the matter to Council for consideration. He commented on a previous editorial in the Orange County Register regarding City Hall and noted that its parent company, Freedom Communications, gave the City its top award for the top City project in Orange County in 2014. Mayor Selich reported that the City recently won two Golden Hub Awards for Innovation from the Association of California Cities of Orange County (ACC -OC): the Finance Department was selected in the Budgeting and Finance Category for its innovative approach to the City's pension liability, and the Police Department was selected in the Law Enforcement Category for its successful stolen collection advertising campaign. Mayor Selich reported attending the Chamber Marine Committee meeting, the Rotary Club installation of officers, the historical plaque setting on the Goldenrod Bridge, the Newport "Beach Party," the Family 4th of July Parade and Mariners Park Parade, and the Old Glory Boat Parade. Additionally, he reported attending the Ben Carlson Memorial, presented the Key to the City to Mr. Irrelevant, and attended the OASIS Senior Center officer installment, the Concert on the Green, and the Police Department promotional ceremony. MD. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA After 5- years' Notice, Shall the City Consider Moving to a Different Commercial Waste Hauling Model Subject to a Competitive Bid Process that Addresses Community Traffic, Noise and Quality of Life Issues? Council Member Petros stated that he would like Council to have the opportunity to investigate other models used by cities that may improve traffic and consider expenditures on pavement rehabilitation, as well as quality of life issues. Volume 62 - Page 382 City of Newport Beach Study Session and Regular Meeting July 14, 2015 Motion by Council Member Petros, seconded by Mayor Pro Tern Dixon, to direct staff to bring the item back for Council consideration at a future meeting. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher referenced his written comments regarding Item 14 (Annual Report on Council Discretionary Grant Funds) and took issue that the $6,000 allocated to each Council Member is spent without receiving public input. Regarding Item 6 (Petition Certification and Request for Funding for Proposed Underground Assessment District No. 116), Council Member Petros indicated that Southern California Edison (SCE) provided no recommendation on voting timelines for Rule 20B Assessment Districts as it is generally considered outside of their jurisdiction. Regarding Item 13 (Selection of Alternate Piece of Sculpture Exhibition in Civic Center Park), Mayor Pro Tern Dixon noted that it would be helpful going forward to involve members of the community in making sculpture recommendations for the adjacent park and that the City continue to explore private support for the acquisitions. Council Member Muldoon agreed with Mayor Pro Tem Dixon's comments. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the June 16, 2015 Special Meeting and the June 23, 2015 Study Session and Regular Meeting [100 -2015] 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. C ORDINANCES FOR ADOPTION 4. Adoption of Ordinance No. 2015 -20 Amending Newport Beach Municipal Code Subsection 12.44.040 [100 -2015] Conduct second reading and adopt Ordinance No. 2015 -20, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Section 12.44.040 to Increase On- Street Parking Meter Fees. Council Members Peotter and Muldoon voted "no" on this item. 5. Adoption of Ordinance No. 2015 -21 Amending Newport Beach Municipal Code Section 11.08.060 of Chapter 11.08 [100 -2015] Conduct second reading and adopt Ordinance No. 2015 -21, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 11.08.060 of Chapter 11.08 of the Newport Beach Municipal Code Relating to Beach Fire Rings. Volume 62 - Page 383 City of Newport Beach Study Session and Regular Meeting July 14, 2015 D. RESOLUTION FOR ADOPTION 6. Petition Certification and Request for Funding for Proposed Underground Assessment District No. 116 (Area bounded by: Channel Road, the Rivo Alto Channel, 38th Street and Balboa Boulevard) [100 -20151 a) Adopt Resolution No. 2015 -60, A Resolution of the City Council of the City of Newport Beach, California, Accepting Petition of Assessment District No. 116; and b) Approve Budget Amendment No. 16BA -001 authorizing an advance from the General Fund in the amount of $40,000 to Assessment District No. 116 and appropriating $40,000 to Account No. 74116 -9812 for Assessment Engineering Services. Council Member Muldoon recused himself from this item due to financial and business reasons. Council Member Curry recused himself from this item due to a stockholder conflict. E. CONTRACTS AND AGREEMENTS 7. Campus Drive, San Joaquin Hills Road and San Miguel Drive Street Pavement Overlay - Notice of Completion and Acceptance of Contract No. 5582 (CAP14- 0009) [38(100 -20151 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 the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. 8. Ocean Boulevard and Marguerite Avenue Pavement Reconstruction - Notice of Completion and Acceptance of Contract No. 5581 (CAP15 -0045) [381100 -20151 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 the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. 9. Rehabilitation of the City's Dolphin and Tamura Shallow Water Wells - Award of Contract No. 5981 (CAP15 -0022, Project No. 15W11) [381100 -2015] a) Approve the project plans and specifications; b) Award Contract No. 5981 to General Pump Company, Inc. for the Total Bid Price of $276,280.00 and authorize the Mayor and City Clerk to execute the contract; and c) Establish a contingency of $55,200.00 (approximately 20% of Total Bid) to cover the cost of unforeseen work not included in the original contract. 10. Request to Maintain and Improve Existing Private Improvements within the Public Right -of -Way at 520 De Anza Drive (C -6210) (N2015 -0318) [381100 -20151 a) Waive City Council Policy L -6, Private Encroachments in Public Rights -of -Way, to allow the Owners to maintain and improve existing improvements within the public right -of- way as described in this report and show on the attached site plan, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with the Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. Volume 62 - Page 384 City of Newport Beach Study Session and Regular Meeting July 14, 2015 11. Professional Services Agreement for Bill Printing and Mailing Services and Paperless Billing (C -6211) [381100 -20151 Approve the Professional Services Agreement for Document Printing and Mailing Services and Online Presentment, and authorize the Mayor and City Clerk to execute the Agreement. F. MISCELLANEOUS 12. Planning Commission Agenda for the July 9, 2015 Meeting [100 -20151 Receive and file. 13. Selection of Alternate Piece for Sculpture Exhibition in Civic Center Park [100- 20151 The City Arts Commission recommends that City Council: a) Approve the selection of Act /Equator Z360 by Kenneth Capps to replace Loomings; b) Approve the adjusted placement of La Cage Aux Folles away from the driveway and foot path; and c) Approve the adjusted placement of Re- cycled in a site in which glare will not affect the homes or motorists across MacArthur Blvd. Motion by Mayor Pro Tem Dixon, seconded by Council Member Peotter, to approve the Consent Calendar, except for the items removed (3 and 14); and noting the "no" votes by Council Members Peotter and Muldoon on Item 4 and the recusals to Item 6 by Council Members Curry and Muldoon. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. Hotel Guest Registry Inspections [100 -20151 In response to Council Member Peotter's questions, Assistant Police Chief Lewis addressed how often Hotel Guest Registries are inspected and explained the previous process. He reported that the law now requires an administrative warrant for such requests. Motion by Council Member Peotter, seconded by Council Member Curry, to introduce Ordinance No. 2015 -22, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 5.36.020 of the Newport Beach Municipal Code Regarding Inspections of Hotel Guest Registries, and pass to second reading on July 28, 2015. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tem Dixon, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Selich 14. Annual Report on Council Discretionary Grant Funds [100 -20151 In response to Council Member Peotter's questions, City Manager Kiff reported that, at the conclusion of the fiscal year, unused funds roll into the fund balance and become part of the City's surplus and the City Council has the opportunity to allocate them. He added that, for Volume 62 - Page 385 City of Newport Beach Study Session and Regular Meeting July 14, 2015 the new budget year, the same amount was approved. He addressed the guidelines and noted that the expenditure needs to have a community benefit and Council Members have the opportunity to report their uses at the end of the year. Mayor Selich added that there is also a certification that each grantee files with staff to ensure the funds are spent appropriately. Motion by Council Member Peotter, seconded by Council Member Curry, to receive and file. Jim Mosher reported that the policy has been changed over time and provided a brief history of the policy. Council Member Peotter requested that the City Council review the policy at the next Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tem Dixon, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Selich XVIL PUBLIC COMMENTS ON NON - AGENDA ITEMS Jim Mosher referenced the Special Meeting and believed that the resolution was distributed to the City Council and was then toned down. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Curry reported that he represents the City on the Orange County Sanitation District (OCSD), announced their recent dedication of a new groundwater replenishment system, and stated that it is a key element in meeting the water needs in Southern California. Council Member Petros reported attending the City's Fourth of July festivities. He also reported attending a Balboa Village Advisory Committee (BVAC) meeting and addressed the items discussed at the meeting. Mayor Pro Tem Dixon reported on her trip to Antibes, France, to represent the City at a 25 -year Anniversary Celebration of the Sister City relationship between Antibes and Newport Beach. She noted that she travelled at her own expense and commented on the Sister City Association. XIX. PUBLIC HEARINGS Without objection, it was the consensus of the City Council to discuss Items 15,16 and 17 together. 15. Award of Non - Exclusive Solid Waste Collection Franchise to Harttield Construction Corp., a California Corporation 1421100 -20151 16. Award of Non - Exclusive Solid Waste Collection Franchise to James Blomberg, a Sole Proprietor [421100 -20151 17. Award of Non - Exclusive Solid Waste Collection Franchise to Praisler Hauling & Demolition, a California Corporation [421100 -20151 Municipal Operations Co- Director Pisani provided the staff report for Items 15, 16 and 17. Volume 62 - Page 386 City of Newport Beach Study Session and Regular Meeting July 14, 2015 Mayor Selich opened the public hearing. Jim Mosher commended City staff for making the list accessible on the City website and commented on the number of enterprises in the City. Hearing no further testimony, Mayor Selich closed the public hearing. Motion by Council Member Curry, seconded by Council Member Petros, to a) conduct second reading and adopt Ordinance No. 2015 -17, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non - Exclusive Solid Waste Franchise to John Hartfield Construction Corp., a California Corporation, to Provide Solid Waste Collection Services upon the City Streets and Within the City of Newport Beach; b) conduct second reading and adopt Ordinance No. 2015 -18, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non - Exclusive Solid Waste Franchise to James Blomberg, a Sole Proprietor, to Provide Solid Waste Collection Services Upon the City Streets and Within the City of Newport Beach.; and c) conduct second reading and adopt Ordinance No. 2015 -19, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non - Exclusive Solid Waste Franchise to Praisler Hauling & Demolition, Inc., a California Corporation, to Provide Solid Waste Collection Services upon the City Streets and Within the City of Newport Beach. � The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tern Dixon, Council Member Curry, Council Member Duffield, Mayor Selich Absent: Council Member Muldoon 18, An Ordinance to Provide an Expedited, Permitting Process for Small Residential Rooftop Solar Systems [100 -20151 Chief Building Official Jurjis addressed Assembly Bill 2188 which requires that all cities pass an ordinance expediting the permitting process for solar systems for single - family and duplex dwellings. He added that the City already has an expedited permitting process but, to be in compliance, the City needs to adopt an ordinance. In response to Council Member Petros' question, Chief Building Official Jurjis stated that the process will be expedited at the front counter. Motion by Council Member Curry, seconded by Council Member Duffield, to a) find this action not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably indirect physical change in the environment), 15061(b)(3) (CEQA only applies to projects which have the potential for causing a significant effect on the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) introduce Ordinance No. 2015 -23, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 15 of the Newport Beach Municipal Code to Provide An Expedited, Streamlined Permitting Process for Small Residential Rooftop Solar Systems, and pass to second reading on July 28, 2015. Mayor Selich opened the public hearing. Volume 62 - Page 387 City of Newport Beach Study Session and Regular Meeting July 14, 2015 MA Jim Mosher noted the lack of a definition for "electrical metallic tubing" and questioned the requirement for only one inspection. He commented on the expedited process for "roof -top solar systems" but noted references to photovoltaic systems. Hearing no further testimony, Mayor Selich closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tem Dixon, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Selich 19. Approval of Master Fee Schedule and Change in Subsidies [100 -2015] Mayor Selich noted receipt of a letter from the Business Industry Association (BIA) requesting a continuance of the item. t Motion by Council Member Peotter, seconded by Mayor Pro Tem Dixon, to continue the item. Mayor Selich opened the public hearing. Jim Mosher pointed out that this is for an ordinance and a resolution, and suggested that Council first consider the ordinance and then adopt the resolution. He believed there are flaws in the schedule, as well as a lack of explanation regarding the proposed changes. Hearing no further testimony, Mayor Selich closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tem Dixon, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Selich 20. Establish a Trial Anchorage Area West of Lido Isle - Harbor Commission Recommendation [100 -20151 Harbor Resources Manager Miller provided a PowerPoint presentation, presented options for the anchorage area recommended by the Harbor Commission, as well as potential adjustments, and stated that the intention is to move the boundaries around for two or three months and evaluate it regularly. Council Member Petros expressed his support of the trial anchorage, but asked regarding responses to violations and enforcement. Harbor Resources Manager Miller reported that raft -ups are not allowed in the trial and that enforcement will be addressed. In response to Mayor Pro Tem Dixon's questions, Harbor Resources Manager Miller addressed other previous uses in the Harbor, including other anchorage areas, and discussed how the Harbor Patrol will service this area and Marina Park. He added that an RFQ will soon be released for services to manage the mooring fields in Newport Harbor. Council Member Duffield explained the reasons for implementing a trial anchorage Volume 62 - Page 388 City of Newport Beach Study Session and Regular Meeting July 14, 2015 In response to Mayor Selich's questions, Harbor Resources Manager Miller noted that it would be for five days with the possibility of a five -day extension. He stated that staff would make sure that the Harbor Patrol is on board with the process since they would manage the anchorage area. He added that the regulatory powers lie with the Harbor Patrol and that he would work with them to ensure they understand the regulations. Harbor Commissioner Avery added that, for the trial, it is incumbent on the Harbor Commission, Harbor Resources, and the Harbor Patrol, to reach out to the boaters using the anchorages. By restricting the anchorage to single boats, he stated that the noise and nuisance of raft -ups will be eliminated. He added that the intent is to react quickly if there is a problem. Mayor Selich questioned whether it was required to have someone onboard at all times. Harbor Resources Manager indicated that contact information will be required, especially at night, if someone needed to be contacted. He addressed the anchorage footprint as shown in the 2014 aerial photos and reported that, since the anchorage area tends to move as the buoys drift, the Harbor Patrol will adjust the boundaries as they see fit. Katherine Johansen asked that Council not approve the item due to concerns regarding noise. She commented on the anticipated financial impact not showing true costs and asked that, if Council approves the matter, all impacted homeowners be notified. She also expressed concerns regarding impacts to traffic in the area. 1' Matthew Fogt, representing Dart Development (developer of the Newport Bay Marina), spoke in opposition to the resolution as they believe this is not the right area or the right time. He asked Council to deny or delay the resolution until further research can be done. He expressed concerns with noise and safety, congestion, environmental impacts, and drains on Harbor and City resources. Additionally, he expressed concern that the temporary use will become a permanent use. In response to Council Member Petros' question, Harbor Resources Manager Miller reported that the matter was agendized three times for consideration by the Harbor Commission. Mr. Fogt stated that Dart Development learned of this proposal just recently and did not attend Harbor Commission meetings when this matter was considered. Council Member Petros noted that Dart Development has been very involved in the planning of this area and was surprised they were just recently made aware. He pointed out that there have been opportunities to participate so their concerns could be addressed. In response to Mr. Folk's question, Harbor Resources Manager Miller reported that the meetings where agendized and posted 72 hours prior to the meetings. Discussion followed regarding noticing of the matter and the lack of communication to Lido Island residents. Council Member Duffield commented on a mooring field off Lido Island which is completed surrounded by residences with no commercial ventures near it. He reported that no complaints have been received from those residents and that the situation there, during dredging, was awful and cannot be allowed to happen again. He added that he is convinced that this will work by prohibiting raft -ups and with appropriate enforcement. Paul Weinberg, representing Elaine Weinberg and Mr. and Mrs. Robert Baker, commented on the distance of the proposed mooring from his mother's house. He disagreed with the CEQA findings and referenced previous case law. He addressed impacts to view and aesthetics, and noted that the City has not conducted outreach to the Lido Island Community Association, the Volume 62 - Page 389 City of Newport Beach Study Session and Regular Meeting July 14, 2015 Lido Yacht Club, or any other stockholder. He added that he does not understand the urgency and expressed concerns with safety as the proposed anchorage area is where UCI conducts training. Council Member Duffield responded that what is being displayed, is not necessarily the actual location where the anchorage will be. He added that people will be able to sail through the area and commented on the Duncan Marina project which will impact a much larger area. Mr. Weinberg stated that he attended a Harbor Commission hearing where a Harbor Patrol representative commented on the lack of resources and questioned their ability to deal with complaints. Judy Cole expressed concern that the proposed anchorage area is close to berthed vessels and to homes, and believed that the initial footprint is too big compared to the current four acre footprint. Additionally, she questioned the need for another anchorage area and expressed concerns with safety. Council Member Duffield suggested making the area the same distance as that of the other anchorage area off of Lido Island. Harbor Commissioner Avery believed that this could be done by moving the anchorage at least 100 -feet in each direction. He emphasized that this proposal is on a trial basis. Mayor Selich requested and received confirmation that it would be moved north 100 -feet toward Coast Highway Bridge and Coast Highway. Harbor Resources Manager reported that the anchorage area would be subject to additional input after installation. In response to Mayor Pro Tern Dixon's question, Harbor Commissioner Avery commented on the possibility of setting a maximum capacity. Pam Whitesides expressed concern with noise and suggested moving the area further away from residents. She hoped that, if the anchorage becomes permanent, the City will conduct an Environmental Impact Report (EIR). Council Member Petros reiterated that this is a trial and is subject to change. He added that the concerns expressed will be either substantiated or refuted with evidence. Motion by Council Member Petros, seconded by Council Member Duffield, to adopt Resolution No. 2015 -62, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Establishment of a Temporary Trial Anchorage in the Newport Harbor Turning Basin. Mayor Pro Tern Dixon suggested an amendment to the motion to include constraints, specifically in terms of the movement of the area, setting the time for the trial, and clarifying the process. Council Member Petros indicated that his motion stands as originally presented. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Selich Noes: Mayor Pro Tern Dixon Volume 62 - Page 390 City of Newport Beach Study Session and Regular Meeting July 14, 2015 21. Appointments to Boards and Commissions %100 -20151 City Clerk Brown reviewed the recommendations and outlined the appointment process. Motion by Council Member Curry, seconded by Council Member Petros, to direct the City Clerk to re -post and publish a Vacancy Notice for the Board of Library Trustees vacancies. Jim Mosher addressed the City's appointment process and believed that the nominating committee meetings should be publically noticed. He addressed the service of speck community members and questioned why the Board of Library Trustees appointments are being recommended for continuance. Mayor Selich reported that Council always has the ability to nominate from the floor and that it has been done in the past. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tern Dixon, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Selich Council Member Muldoon reported that he was not involved on the nominating committee and commented on the service of Roy Englebrecht on the Parks, Beaches and Recreation Commission. Discussion followed regarding the possibility of waiving Council Policy A -2 (Appointments to Boards, Commissions and Committees) in order to add Roy Englebrecht to the list of the Parks, Beaches and Recreation Commission nominees. Motion by Council Member Muldoon, seconded by Council Member Peotter, to waive Council Policy A -2 for consideration of adding Roy Englebrecht to the list of names to be considered for appointment to the Parks, Beaches and Recreation Commission. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Selich Noes: Council Member Curry, Mayor Pro Tern Dixon City Clerk Brown read the ballot votes for the Building and Fire Board of Appeals as follows: James Anderson — Peotter, Petros, Dixon, Curry, Duffield, Muldoon, Mayor Selich Khorow (Saum) Nourmohammadi (Nour) — Peotter, Petros, Dixon, Curry, Duffield, Muldoon, Mayor Selich Following a coin toss, City Clerk Brown announced that James Anderson was reappointed to the Building and Fire Board of Appeals for a four year term and Saum Nour was appointed to a term expiring on June 30, 2016 to fill the unscheduled vacancy on the to the Building and Fire Board of Appeals. City Clerk Brown read the ballot votes for the City Arts Commission as follows Arlene Greer — Peotter, Petros, Dixon, Curry, Duffield, Muldoon, Mayor Selich Volume 62 - Page 391 City of Newport Beach Study Session and Regular Meeting July 14, 2015 City Clerk Brown announced that Arlene Greer was reappointed to the City Arts Commission for a four year term. City Clerk Brown read the ballot votes for the Civil Service Board as follows: Roberta Fesler — Peotter, Dixon, Duffield, Muldoon Douglas Coulter — Curry, Mayor Selich Gloria Alkire — Petros City Clerk Brown announced that Roberta Fesler was appointed to the Civil Service Board for a four year term. City Clerk Brown read the ballot votes for the Harbor Commission as follows: William Avery — Peotter, Petros, Dixon, Curry, Duffield, Muldoon, Mayor Selich City Clerk Brown announced that William Avery was reappointed to the Harbor Commission for a four year term. City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission as follows: Lee Cassidy — Petros, Dixon Roy Englebrecht — Peotter, Duffield, Muldoon Laird Hayes — Peotter, Petros, Dixon, Curry, Duffield, Muldoon, Mayor Selich William Hossfeld — Curry, Mayor Selich City Clerk Brown announced that Laird Hayes was reappointed to the Parks, Beaches and Recreation Commission for a four year term and a second vote will be cast between Lee Cassidy, Roy Englebrecht, and William Hossfeld Lee Cassidy — Petros Roy Englebrecht — Peotter, Duffield, Muldoon, Dixon William Hossfeld — Curry, Mayor Selich City Clerk Brown announced that Roy Englebrecht was reappointed to the Parks, Beaches and Recreation Commission for four year terms. City Clerk Brown read the ballot votes for the Planning Commission as follows Hita Mosesman — Petros, Dixon Kory Kramer — Peotter, Petros, Dixon, Curry, Duffield, Muldoon, Mayor Selich Jay Myers — Curry Debra Stevens — Selich Erik Weigand — Peotter, Dixon, Curry, Duffield, Muldoon Peter Zak — Peotter, Petros, Duffield, Muldoon, Mayor Selich City Clerk Brown announced that Kory Kramer was reappointed to the Planning Commission for a four year term and, following a coin toss, Peter Zak was appointed to a four year term and Erik Weigand was appointed to a term expiring on June 30, 2016 to fill the unscheduled vacancy on the Planning Commission. Volume 62 - Page 392 City of Newport Beach Study Session and Regular Meeting July 14, 2015 Motion by Council Member Curry, seconded by Mayor Pro Tem Dixon. to extend the present meeting beyond 11:00 p.m., in accordance with Council Policy A -10 (Procedural Rules for the Conduct of City Council Meetings). The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tem Dixon, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Selich 22. Fiscal Year 2015 -2016 Special Event Support Funding Recommendations [100 -2015] Council Member Duffield recused himself from the Balboa Island Wine Festival and Balboa Island Centennial Celebration items because he has a financial interest in the matters. Mayor Selich opened public comments for the Balboa Island Wine Festival and the Balboa Island Centennial items. No public testimony was provided. Motion by Council Member Currv, seconded by Council Member Petros, to continue the matters of the Balboa Island Wine Festival and the Balboa Island Centennial to the July 28, 2015 City Council meeting. WV W I Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tem Dixon, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Selich Recused: Council Member Duffield Mayor Selich opened public comments on the remaining public funding items Kelly Jawar, Vice President of the Newport Beach Wine and Food Festival, thanked the City for its support, announced that the festival will be held October 2 -4, 2015, and listed activities and features of the Festival. She reported that the plan going forward is to transition as a non- profit entity. She thanked the City for its recommended contribution and requested that the City waive its fees and sponsor the entire event for $35,000. Joel Carlson, President of the Kiwanis Club, commented on their support of the Pacific Coast Triathlon and added that the Kiwanis Club supports high school clubs, Sea Base 90, CHOC, and the Special Olympics. He noted the City's prior support and asked that the City continue supporting their endeavors. Gregg Shwenk, Co- founder of the Newport Beach Film Festival, thanked Council for its support and asked that the City adopt staffs recommended funding amount. Jim Walker, President of the Newport Beach Resident Association, reported that the organization is in the process of planning for the next Restaurant Week and asked for Council's support. David Shockley, Commodore of the Newport Sailing Association, thanked Council for its past support and commented on the Newport to Ensenada Race. He urged Council to continue its support. Jim Mosher commented on the process for issuing special events grants, the policy for making recommendations, and the approval process. He believed that some of the signature events should be at a point where they can fund their own events without City support, such as the Newport Beach Film Festival which provides free tickets to Council Members and City staff. Volume 62 - Page 393 City of Newport Beach Study Session and Regular Meeting July 14, 2015 Jerry Murray, Newport Harbor High School teacher, thanked the City for its previous support and asked for its continued support. Motion by Council Member Curry. seconded by Council Member Petros, to continue the item to the July 28, 2015, City Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tom Dixon, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Selich 23. Approval of Agreement with International Line Builders, Inc. for Citywide Streetlight Maintenance and As- Needed Repair Services (C -6212) [100 -2015] Motion by Council Member Curry, seconded by Council Member Petros, to continue this matter to the July 28, 2015, City Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tern Dixon, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Selich 30U. MOTION FOR RECONSIDERATION - None MUL ADJOURNMENT - 11:36 p.m. The agenda for the Regular Meeting 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 July 9, 2015, at 4:00 p.m. City Clerk It Recording Secretary Mayor Volume 62 - Page 394 CITY OF NEWPORT BEACH City Council Minutes Special Meeting July 14, 2015 I. ROLL CALL - 7:00 p.m. II. Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich 1. City Council Members' Expressions of Official City Position or Policy and Re- Affirmation of Support for a Diverse Community [100 -2015] City Attorney Harp reported that Council Member Peotter sent an email regarding a recent Supreme Court Case and the email referenced himself as a Council Member and contained the official City seal. Staff received numerous inquiries from the public about whether the position in the email was the position of the City or whether it was his personal position. Mayor Selich called for the Special Meeting and Council will be considering the adoption of a City Council Policy designed to prevent confusion as to whether Council Members are expressing their personal opinions or reflecting the position of the entire City Council. The proposed resolution also reaffirms City Council support of a diverse and inclusive community. Allison Carr noted that she comes from a Judeo- Christian background and is a member of the Congregational Church, stated that the Judeo- Christian history has nothing to do with marriage between a man and a woman, and questioned how any Council Member could send out such an email. She noted how bullying contributes to teen suicide, and asked Council to consider the lost tax dollars when businesses stop doing business with places that encourage such behavior. Barbara Pisetsky, Director of Parents Families and Friends of Lesbians and Gays (PFLAG) of the Southern Pacific Region, provided information regarding the organization. She suggested that people educate themselves on this matter and encouraged reaching out to organizations in order to become a better public servant. Kathleen Blank encouraged Council Member Peotter to keep his eyes on City Council business. Bill Pisetsky commented on the need for fair treatment for all. He referenced Dr. Stephen Covey's Seven Habits of Highly Effective People and noted that Habit No. 5 is to "Seek to understand, then to be understood." He encouraged Council Members to reach out, look to residents, and educate themselves. He invited Council to the next PFLAG meeting on July 15 at 7:00 p.m. at St. George's Episcopal Church in Laguna Hills. Robert Craig referenced Council Member Peotter's email and believed that they do not reflect the City's position. However, he commented on the rules of conduct of the company he works for and that violations of such rules would result in discipline or termination. He indicated that he reviewed the City's Code of Conduct relative to discrimination, integrity, empathy and service, and believed that Council Member Peotter violated the City's Code of Conduct. He acknowledged the Constitutional right of free speech and freedom of religion, but encouraged Council Member Peotter to focus on his own spirituality and try not to control others. Volume 62 - Page 395 City of Newport Beach Special Meeting July 14, 2015 Christie Draper, PFLAG, quoted the Dalai Lama and commented on the harm done by Council Member Peotter's email. She noted receiving many emails from parents who have discovered that their child is gay and are afraid for their safety and from teenagers /adults who are petrified of their parent's rejection. She reported that her son was a victim of religious -based bullying. Ms. Draper noted that 40% of homeless children identify as being Lesbian, Gay, Bisexual and Transgender (LGBT), use drugs to numb the pain, and when it becomes too much to handle, they take their own lives. She urged Council to fix the situation and ensure that it does not happen again. Scott Westerfield introduced himself as a Gay American who was recently married and listed his and his husband's activities in and contributions to the community. Brad Dacus, Constitutional Attorney and President and Founder of the Pacific Justice Institute, noted the organization's mission to defend the First Amendment of the Constitution. He quoted Justice Scalia's dissent on marriage equality and expressed the opinion that Council will be making a mistake if it acts on this. He referenced related cases relative to government speech and an unbinding resolution. He believed that, when Council Members send out communications, they do not speak on behalf of the whole City. Jeff LeTourneau, introduced his husband and reported getting married last year. He believed that there is no basis of fact in Council Peotter's statement regarding violation of 5,000 years of Judeo - Christian history. He stressed that this is not a Judeo - Christian country, but rather a secular nation, which is clear in the Constitution, in the Bill of Rights, and in the writings of the Founding Fathers. He referenced a meeting of the Irvine Values Coalition of which Council Member Peotter was the chair, commented on a hateful sign held by a five -year old girl, and alleged it was encouraged by Council Member Peotter. He believed that Council Member Peotter should resign at the end of this meeting after apologizing to the LGBT community and the citizens of Newport Beach. Laura Kanter, LGBT Center Youth Program Director, believed that this is not a debate of the First Amendment, but rather what is appropriate from a civic leader. She spoke in opposition to a civic leader bullying a minority group, noting that it has a deep and lasting impact, especially on youth. She believed that the comments justify bullying and violent behavior and spread stigma and hate. She added that LGBT people are most at risk for depression, suicide, not finishing school, and homelessness. She asked that Council Member Peotter apologize for his comments and that all Council Members and City employees undergo training on cultural competency and sensitivity. Kevin O'Grady, Executive Director of the Orange County LGBT Center, stated that Council Member Peotter has the right to express himself as he wishes; however, believed that his expression crossed the line of decency and is hate speech. He reported that the proposal is almost meaningless as the Newport Beach Municipal Code (NBMC) already makes Council Member Peotter's use of the City seal illegal. He noted his intention to request an investigation on this matter. He believed that the resolution does not address Council Member Peotter's statement and that the Council Members who have not spoken in support of a stronger resolution have aligned themselves with Council Member Peotter's statement and will be held accountable. He stated that Council Member Peotter's statements have affected may people, including City employees and residents. He asked that Council pass a resolution of censure that unconditionally condemns Council Member Peotter's comments and that the City undergo training by the LGBT Center. Volume 62 - Page 396 City of Newport Beach Special Meeting July 14, 2015 Wyatt Robertson, Orange County Equality Coalition, believed that Council Member Peotter's comments were discriminatory and noted that there is nothing in the Bible relative to homophobia and quoted specific Bible verses. Ashlee Kendall, former City employee, expressed agreement with Council Member Peotter in terms of his statements regarding the Peninsula; however, spoke in opposition to his comments regarding an Irvine measure to prevent discrimination based on sexual orientation or on the way he handled credit or his pursuit of money. She took issue with his comments regarding a recent Supreme Court decision with respect to using public resources for non -City business. She added the remarks are obstructing the operation of the City and that the City has more important things to do. Tom Peterson believed that the matter is not only about using the City seal, but also in knowing that the statements are the beliefs and values of those representing the City. He expressed concerns about what is being said to young people and noted that Council Member Peotter's comments do not just speak only about gay people, but to everyone that is different. He stressed that everyone matters and deserves dignity, respect, and equality, and that those serving the public have the responsibility to be aware of what they say and the effect of their comments. He stated that he is gay and married his husband in 2008. Additionally, he noted that the world is changing and that, even if people do not like it, it will continue to change. Dr. Carolyn O'Keefe, Licensed Clinical Psychologist, provided information regarding research relative to similar comments made. She believed that those who are not part of the LGBT community cannot understand the impact that comments such as those of Council Member Peotter's have on the community. She stressed that community leaders have the responsibility of serving as models to young people. Mike Kane expressed support of Council Member Peotter's First Amendment rights to express himself as a citizen; however, as a Council Member, his views are a separate matter. He noted that the problem is not only limited to Council Member Peotter's email, but is also on his Facebook page which also bears the City Seal and his Council Member title. He commented on the proposed resolution and believed that the right thing to do is to censure him. Tom Pollack commented on the importance of people being allowed to express their beliefs; however, if the comments are hurtful, it should be acknowledged as not the intent but that a point needed to be made. He equated the issue to Donald Trump losing business because of what he said and believed this is intimidation. Michelle Rouse stated that she was offended by the remarks made by Council Member Peotter that insinuated that one of her children does not deserve the respect, rights, and privileges due others. She expressed hope that Council Member Peotter is willing to accept the education that has been offered. She commented on related research, including the stigmatizing effect of similar comments. She took offense to his comments regarding the Supreme Court being made up of "nine guys in black robes" which ignores the women on the Supreme Court, believing this sends a message that women's and girl's contributions are not as important. She noted that someone he loves may turn out to be gay and that he will be very sorry for the position he has taken regarding this matter. Laura McCants addressed Team Newport and wondered what the other Council Members in the team feel about Council Member Peotter's comments. She stated that she is tired of Council Member Peotter embarrassing the City and putting it in a bad light. She commented on the possibility of adjacent cities and consumers boycotting the City's businesses. She took issue regarding Council Member Peotter's criticism of past Councils and questioned his Volume 62 - Page 397 City of Newport Beach Special Meeting July 14, 2015 contributions to the City thus far. She referenced comments made by Council Member Peotter at a Tea Party meeting in Costa Mesa regarding an existing litigation matter currently being negotiated by the City. She encouraged the remaining members of Team Newport to join the rest of Council to investigate Council Member Peotter's actions. Dr. Thomas Badin spoke in support of free speech and noted that Council Member Peotter is entitled to publicly proclaim his personal beliefs and views and to express them to his constituents without fear of reprisal. He added that those who want to stifle Council Member Peotter's comments are guilty of the same repression that homosexuals have suffered for many years. He believed that, since the recent Supreme Court decision is a departure from years of law, Council Member Peotter's views are not radical or off the mainstream. Donald Phares took issue that the proposed resolution will not allow Council Members to share their personal views on any upcoming legislation and asked that the language be modified. He questioned why people would be confused regarding whether Council Member Peotter represented the views of the City. He spoke in support of free speech and in opposition to Council Member Peotter being vilified for stating his beliefs. Bill Dunlap believed that Council Member Peotter's personal views clearly are not the City's position. He encouraged residents to stop demonizing each other and stated that he looks toward Council to lead in the effort. Denise Penn commented people's reactions when she mentions she is from Orange County because they believe Orange County is a homophobic place. She stressed that, as elected officials, Council serves as a role model for young people and hoped that Council will accept the invitation to attend the cultural competency training on LGBT issues. Leslie Polacheck believed that Council Member Peotter's comments were irresponsible and inappropriate, especially from an elected official. He urged Council to take a hard look at the divisive atmosphere created by Council Member Peotter and to focus on local issues. He noted that there is a way to disagree without being disrespectful and expressed hope to have better rhetoric from this Council going forward. Jeff Herdman expressed concerns with the downward spiral taking place in the City and believed that Council Member Peotter violated the NBMC relative to acceptance of excess contributions, violated the Political Reform Act when he failed to report the contribution return, violated the Political Reform Act when he failed to report contributions from a fundraiser, violated the Brown Act when he spoke at a meeting in Costa Mesa and revealed confidential settlement information, and attempted a cover -up when he attempted to post an edited video of the event. Further, he believed that Council Member Peotter violated City policy on Commission appointments, as well as the NBMC when he used the City seal on his campaign newsletter to attack City Council colleagues and raise money for his campaign. He reported contacting the District Attorney to investigate the violations and believed that Council Member Peotter continues to violate the law. He took issue with Council Member Peotter's attacks on current Council colleagues, his efforts to restructure City debt, and proposals regarding deficit spending, and believed he is funneling taxpayer dollars to his political allies and campaign supporters. He requested that Council Member Peotter resign, for the good of the City; however, if he does not resign, he believed that he should be recalled to avoid further embarrassment to the City. Zoe Nicholson provided a brief history of her time in the City and her experience as the Director of the Free Clinic in Orange County in 1983. She encouraged Council Members to state their opinions regarding the matter and noted that the best rainbows she has seen have been in the Back Bay and belongs to everyone. Volume 62 - Page 398 City of Newport Beach Special Meeting July 14, 2015 John Spots spoke in support of Council making a symbolic gesture that Council is open to diversity. He added that everyone is created equal and deserves equal treatment. James McDonald commented that judging others is wrong and believed that comments, such as those of Council Member Peotter, could have a ripple effect on the community. Nancy Skinner stated that she was offended by Council Member Peotter's email. She expressed support of the proposed resolution and asked that Council approve it. Violet Lorensen expressed sadness in hearing so many divisive comments and read comments by Rick Warren relative to not compromising convictions in order to be compassionate. Jim Mosher believed that Council Member Peotter did not violate any existing City Council Policy and does not object to Council Member Peotter identifying himself as an elected official. He expressed his disappointment regarding the noticing of the Special Meeting. He expressed support for the proposed resolution, but expressed concerns regarding specific statements in the resolution. He also took issue with some of the statements made by the City Attorney in the staff report and referenced the City Attorney's duties in the City Charter. He further offered corrections to typographical errors within the resolution. Council Member Petros acknowledged the presence of Costa Mesa Mayor Steve Mensinger and thanked him for attending the meeting. He expressed sadness regarding this matter and resents that two hours of official City business has been spent on this issue. He apologized to residents for having to take the time out of their schedules to address the issue. He highlighted his beliefs and noted that the Country was founded with the notion that all are created equal and that we are all endowed with certain inalienable rights. He stressed that Newport Beach is not a discriminatory city but is a unified community. Council Member Muldoon thanked everyone for their respectfulness. He noted the importance of free speech and indicated that he cannot support the resolution, as written. He expressed his belief that the City is a welcoming place and that we should love our neighbors. He agreed that restrictions should be placed regarding the use of the City seal. Council Member Curry thanked Mayor Selich for arranging this Special Meeting since this was a conversation that the community needed to have. He commented on his recent experience attending a meeting with the Dalai Lama who spoke about creating communities of respect, and compassion, and where residents work to help each other. He commented about the possibility of the community participating in the "Random Acts of Compassion" campaign and noted his surprise and sadness regarding the email that was issued by Council Member Peotter. He believed that the proposed resolution should be adopted, but expressed the need to do more. He agreed that Council Member Peotter has the right to express his views and comments as an individual; however, he noted the importance of thinking about the Oath of Office and responsibilities as an elected official, leader, and employer. Council Member Curry reported that the action of putting the City seal on a personal communication is illegal and violates the NBMC. He noted other occasions in which Council Member Peotter used the City seal in communications that included links to raise funds for his campaign. He added that Council Member Peotter's comments create a hostile workplace. He also expressed concerns with the possible effects on tourism. He suggested forwarding this matter to the District Attorney's Office, revising the NBMC to close loopholes regarding the use of the City seal, and bring back a resolution of censure, noting there is a precedent for the censure resolution. Council Member Curry believed that this was a misuse of authority and noted the need to prevent any further issues, Council needs to police itself regarding statements made to show this is an inclusive community, and these actions will not be tolerated in the future. Volume 62 - Page 399 City of Newport Beach Special Meeting July 14, 2015 Council Member Peotter stated that it was never his intent to inflame the community and that he does not believe that he used the City seal illegally. He indicated that, because of this situation, he has since removed it from his communications. He apologized to staff and his Council colleagues. He added that he did not intend to hurt anyone and that he was stating an opinion regarding the recent Supreme Court ruling. He commented regarding intolerance from the LGBT community and noted his right to free speech. He addressed religious freedom and pointed out the need to accept that those beliefs may not agree with same -sex marriage. He added that Democracy thrives with different opinions, hoped that residents will respect his opinions, and stated that he will be more careful in the future. He apologized to those who were insulted by his opinions. Mayor Pro Tern Dixon spoke in support of the proposed resolution and noted the importance of reflecting that the City is an open and diverse community, respecting all of the rights and privileges granted by this great Country. Regarding the resolution, Council Member Peotter expressed concerns with Section 1, believing it is an imposition on free speech rights. He suggested language in support of freedom of speech and religion and how these shall not be infringed. Regarding Section 2, he suggested expressing the City's support of diversity and removing the second, third, and fourth "Whereas" statements as they imply that he does not agree with diversity. Council Member Muldoon believed that Section 1 is overly broad and unconstitutional. Motion by Council Member Muldoon, seconded by Council Member Peotter, to adopt Resolution No. 2015 -63, A Resolution of the City Council of the City of Newport Beach, California, Adopting City Council Policy A -20 Relating to City Council Members' Expression of an Official City Position or Policy and Affirming the City of Newport Beach's Support for Diversity, Equality and Inclusiveness, but striking Council Member Peotter's name from the "Whereas" statements and striking the restriction on freedom of speech from Section 1. Council Member Curry reported that the resolution presented was designed as a compromise and should be supported because of the expressions it conveys. Substitute motion by Council Member Curry, seconded by Council Member Petros, to a) adopt Resolution No.2015 -63, A Resolution of the City Council of the City of Newport Beach, California, Adopting City Council Policy A -20 Relating to City Council Members' Expression of an Official City Position or Policy and Affirming the City of Newport Beach's Support for Diversity, Equality and Inclusiveness; b) refer the alleged violations of the Newport Beach Municipal Code regarding the use of the City seal to the District Attorney for evaluation, c) waive Policy A -6 (Open Meeting Policies) and ask the City Attorney to bring back an ordinance to clarify the use of the City seal to prevent this from happening in the future; and d) bring back a resolution modeled after former Council Member Nichols' resolution in 2003 which specifically addresses the actions of Council Member Peotter. Mayor Selich agreed with Council Member Petros' earlier comments. Regarding Mr. Mosher's previous comment, he noted that the Mayor has the ability to call a Special Meeting, stating that it provided a forum so an action could be taken. He emphasized that the issue, is not the specific statements made by Council Member Peotter, but the use of the City seal and mistakenly representing that the view of one Council Member may be City policy. He expressed the opinion that the action reflected poor judgement on the part of Council Member Peotter and accepted his apology. He acknowledged his removal of the City seal from documents and materials, and asked that he remove the original page from the internet. Volume 62 - Page 400 City of Newport Beach Special Meeting July 14, 2015 Mayor Selich expressed his support of the substitute motion. He indicated that, although the idea of a censure is strong, he believed there is a need for public discussion on it. Council Member Curry believed that the substitute motion has nothing to do with Council Member Peotter's freedom of speech, but rather his violation of the NBMC. In response to Council Member Peotter's question, City Attorney Harp reported that the City Attorney is the prosecutor for violations of the NBMC and that the District Attorney also has jurisdiction. City Attorney Harp stated that the issues of a referral to the District Attorney and the consideration of a censure are not on the agenda at this time. He advised that those issues come back to Council for separate action. Council Member Petros reluctantly agreed, but noted his belief that Council can act on the items tonight; however, if it shows transparency and provides a greater comportment with the City's ordinance, he accepted the proposed changes. Council Member Peotter asked to bifurcate the votes into four separate votes. Mayor Selich noted that those items have been withdrawn from the substitute motion. Council Member Curry confirmed that the referral of items to the District Attorney's Office will return for separate action. City Attorney Harp clarified that Council may direct staff to bring back all of these items with a waiver of City Council Policy A -6 as the first item. If Council decides to waive City Council Policy A -6, Council may act on all of the issues at that one meeting. Under City Council Policy A -6, Council has the authority to make those requests and they do not need to be part of the motion. Amended substitute motion by Council Member Curry, seconded by Council Member Petros, to adopt Resolution No. 2015 -63, A Resolution of the City Council of the City of Newport Beach, California, Adopting City Council Policy A -20 Relating to City Council Members' Expression of an Official City Position or Policy and Affirming the City of Newport Beach's Support for Diversity, Equality and Inclusiveness. In response to Mayor Pro Tem Dixon's question, City Attorney Harp reported reviewing First Amendment issues and that the proposed City Council Policy is being presented to avoid confusion by the public, not to regulate the content or hinder freedom of speech. He indicated that the policy has a neutral viewpoint and allows Council Members to choose how they will convey their message to the public without confusing the public, such as with the use of the City seal. He added that it is a City Council Policy, giving Council the authority to review what other Council Members have done, and see how they are complying with the policy. He added that it would also include the option of possible censure for violations of the policy. The amended substitute motion carried by the following roll call vote: Ayes: Council Member Petros, Council Member Curry, Mayor Pro Tem Dixon, Mayor Selich Noes: Council Member Peotter, Council Member Duffield, Council Member Muldoon III. PUBLIC COMMENTS ON NON - AGENDA - None IV. ADJOURNMENT — 9:15 p.m. Volume 62 - Page 401 City of Newport Beach Special Meeting July 14, 2015 The agenda for the Special Meeting 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 July 13, 2015, at 3:30 p.m. The corrected agenda for the Special Meeting 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 July 13, 2015, at 4:12 p.m. City Clerk Recording Secretary rl Mayor w' Volume 62 - Page 402