HomeMy WebLinkAbout11/10/2015 - Study Session / Regular Meeting CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
November 10, 2015
I. ROLL CALL -5:45 p.m.
Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich
II. CURRENT BUSINESS
SSl. Clarification of Items on the Consent Calendar
Council Member Petros reported receiving many emails regarding Item 3 (Introduction of
Ordinance No. 2015-33 Imposing an Express Ban on Marijuana Cultivation, Marijuana
Processing, Marijuana Delivery, and Marijuana Dispensaries in the City) and requested
and received clarification from City Attorney Harp that the Ordinance would have no effect
on the legal personal use of medical marijuana, noting that the proposed Ordinance focuses
on cultivation, dispensaries, processing and marijuana delivery.
SS2. Jordan Kessler, Mater Dei student, will read her winning essay, "Voice of
Democracy"
Jordan Kessler read her essay, "Voice of Democracy".
III. PUBLIC COMMENTS
Regarding Closed Session Item A, Jim Mosher believed that the mechanism for evaluation and the
objectives should be discussed in open session. Relative to Item B, he noted that the job title of
labor negotiator Jonathan Holtzman was not identified on the agenda and he could not locate a
contract for him in the City Clerk's database. Regarding Item C, he stated that the City Attorney
had previously expanded on the item, but it was not done at this time and suggested doing so going
forward.
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- 5:57 p.m.
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957 (b)(1))
Title: Dave Kiff, City Manager
Aaron C. Harp, City Attorney
Leilani Brown, City Clerk
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Volume 62 -Page 492
City of Newport Beach
Study Session and Regular Meeting
November 10, 2015
Agency Designated Representatives:Dave Kiff, City Manager, Carol Jacobs, Assistant City
Manager, Terri Cassidy, Deputy City Manager, Barbara Salvini, Human Resources Director,
and Jonathan Holtzman; 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 (NBPMA); Newport Beach Professional and Technical Employee Association
(NBPTEA); and Part-Time Employee Association of Newport Beach (PTEANB).
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION-INITIATION OF LITIGATION
(Government Code§ 54956.9(d)(4)): 1 matter
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR 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-None
Di. PLEDGE OF ALLEGIANCE-Mayor Pro Tem Dixon
X. INVOCATION- Pastor Tim Keller, Mariners Church
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON-DISCUSSION ITEMS)
Council Member Duffield announced the recent loss of the vessel, William B, an icon to the
Newport Harbor for 30 years, by fire. He asked that a proclamation be issued, honoring the
William B for its service to the City.
Council Member Peotter congratulated the Marine Corps on its 240th birthday.
Mayor Selich reported recently attending the Hoag Hospital Tree of Life Celebration, honoring
recent organ donors and their families. He reported attending a dinner for former Centennial
Mayor Don Webb, hosted by the National Eagle Scout Association. Additionally, he reported
attending "Seussical the Musical" and commented on the presentation of a proclamation by the
Mayor of Whoville. He provided information regarding the Arts and Learning Conservatory of
Orange County.
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA-None
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Volume 62-Page 493
City of Newport Beach
Study Session and Regular Meeting
November 10, 2015
Regarding Supplemental Item S18 (Contract Updates: Police Chief Jay Johnson and Fire Chief
Scott), Jim Mosher pointed out various corrections needed and commented on the new salaries. He
referenced Attachments D and E and stated that he was unable to find anything indicating that
Council or staff is allowed to increase salaries each year. He questioned the escalation of salaries,
the yearly uniform allowance, and addressed the insertion of an entitlement of a 3% at 50
retirement formula.
City Manager Kiff reported that both the Police Chief and Fire Chief have always been under the
3% at 50 retirement plan. Previously, it was presented in a different section of the contract, but
recently, it has been moved to a new section for increased clarity. He added that the Police Chief
and Fire Chiefs salaries can be tied in with their management level increases and that their salary
changes were approved through the normal processes.
Regarding Item 9 (Code Enforcement Services for Water Conservation — Professional Services
Agreement with JAS Pacific and Approval of a Budget Amendment), Council Member Peotter
pointed out that the City will be hiring "water police" to comply with Governor Brown's mandates
and discussed the proposed salary.
Council Member Muldoon announced his engagement and that he will be married at the beginning
of next year.
Council Member Curry congratulated the Police Chief on the marijuana Ordinance (Item 3) and
acknowledged Item 12 (Kindness Initiative/Support of Volunteerism and Community Service)
which was inspired by the Dali Lama. Additionally, he commended Council Member Peotter for his
selection of Patti Gorczyca to the Finance Committee (Item 14).
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 27, 2015 Study Session and Regular Meeting[100-20151
Waive reading of subject minutes, approve as amended, and order filed.
Council Member Curry abstained from this Item.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by
title only.
ORDINANCE FOR INTRODUCTION
3. Introduction of Ordinance No. 2015-33 Imposing an Express Ban on Marijuana
Cultivation, Marijuana Processing, Marijuana Delivery, and Marijuana Dispensaries
in the City[100-20151
Introduce Ordinance No. 2015-33, An Ordinance of the City Council of the City of Newport
Beach, California, Imposing an Express Ban on Marijuana Cultivation, Marijuana Processing,
Marijuana Delivery, and Marijuana Dispensaries in the City, and pass to second reading on
November 24, 2015.
ORDINANCES FOR ADOPTION
4. Newport Center Planned Community Amendments Second Reading of Ordinances
(PA2015-109) [100-2015]
Volume 62 -Page 494
City of Newport Beach
Study Session and Regular Meeting
November 10, 2015
a) Conduct second reading and adopt Ordinance No. 2015-31, An Ordinance of the City
Council of the City of Newport Beach, California, Approving Planned Community
Development Plan Amendment No. PD2015-001 Amending the Corporate Plaza, Corporate
Plaza West, and Block 500 Planned Community District Regulations (PA2015-109); and
b) Conduct second reading and adopt Ordinance No. 2015-32, An Ordinance of the City
Council of the City of Newport Beach, California, Approving Planned Community
Development Plan Amendment No. PD2015-001 Amending the North Newport Center
Planned Community Development Plan (PA2015-109).
Council MemberPetros recused himself from this Item due to business interests.
RESOLUTIONS FOR ADOPTION
6. Proposed Assessment District Nos. 111, 116 and 116B - Areas Adjacent to Balboa
Boulevard between Coast Highway and 23rd Street[89/100-2015]
a) Adopt Resolution No. 2015-93, A Resolution of the City Council of the City of Newport
Beach, California, Preliminarily Approving the Assessment Engineer's Report and Fixing
the Time and Place of the Public Hearing for Assessment District No. 111;
b) Adopt Resolution No. 2015-94, A Resolution of the City Council of the City of Newport
Beach, California, Preliminarily Approving the Assessment Engineer's Report and Fixing
the Time and Place of the Public Hearing for Assessment District No. 116;
c) Adopt Resolution No. 2015-95, A Resolution of the City Council of the City of Newport
Beach, California, Preliminarily Approving the Assessment Engineer's Report and Fixing
the Time and Place of the Public Hearing for Assessment District No. 116B;
d) Adopt Resolution No. 2015-96, A Resolution of the City Council of the City of Newport
Beach, California, Declaring its Intention to take Proceedings Pursuant to the Municipal
Improvement Act of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of
1915, and Make Certain Findings and Determinations in Connection therewith, all Relating
to the Formation of Assessment District No. 111;
e) Adopt Resolution No. 2015-97, A Resolution of the City Council of the City of Newport
Beach, California, Declaring its Intention to take Proceedings Pursuant to the Municipal
Improvement Act of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of
1915, and Make Certain Findings and Determinations in Connection therewith, all relating
to the Formation of Assessment District No. 116;
f) Adopt Resolution No. 2015-98, A Resolution of the City Council of the City of Newport
Beach, California., Declaring its Intention to take Proceedings Pursuant to the Municipal
Improvement Act of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of
2915, and Make Certain Findings and Determinations in Connection therewith, all relating
to the Formation of Assessment District No. 116B; and
g) Per City Council Policy L-28 (Assessment Ballot Guidelines), determine that the City will
not participate in the AD-116B balloting process for the Channel Park property by neither
voting for nor against the assessment.
Council Member Muldoon recused himself from this Item due to business interests.
Council Member Curry recused himself from this Item due to a stockholder conflict.
CONTRACTS AND AGREEMENTS
7. Back Bay View Park Maintenance - Notice of Completion and Acceptance of
Contract No. 5892 [38/100-20151
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for
the project;
Volume 62-Page 495
City of Newport Beach
Study Session and Regular Meeting
November 10, 2015
b) Authorize the City Clerk to release the Labor and Materials Bond sixty-five (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 (1)year after acceptance by the City Council.
8. Multiple Buildings Painting Project - Notice of Completion and Acceptance of
Contract No. 6013 [381100-2015]
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 sixty-five (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 (1) year after acceptance by the City Council.
9. Code Enforcement Services for Water Conservation - Professional Service
Agreement with JAS Pacific and Approval of a Budget Amendment (C-6357) [381100-
2015]
a) Find this action is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15060(c)(2)of the CEQA Guidelines;
b) Approve and authorize the Mayor and City Clerk to execute a Professional Services
Agreement with Jason Addison Smith Consulting, Inc., dba JAS Pack for a not to exceed
limit of$271,700; and
c) Approve Budget Amendment No. 16BA-011, increasing Municipal Operations Department
expenditures by $268,247 in Fiscal Year 2015/16.
S18. Contract Updates: Police Chief Jay Johnson (C-4578) and Fire Chief Scott Poster
(C-5049)[381100-2015]
Authorize the City Manager to execute the first amended and restated contracts for the Fire
Chief and Police Chief,
MISCELLANEOUS
10. Planning Commission Agenda for the November 5, 2015 Meeting[100-2015]
Receive and file.
11. Water Conservation Update [100-2015]
Receive and file.
12. Kindness Initiative/Support of Volunteerism and Community Service [100-2015]
Authorize the creation of a "Volunteer Opportunities" landing page on the City website to serve
as a Kindness Initiative resource for the community.
13. Response to Orange County Grand Jury: "The Mental Illness Revolving Door: A
Problem for Police,Hospitals, and the Health Care Agency"[100-2015]
Authorize the Mayor to send a response to the Presiding Judge of the Superior Court.
14. Appointment of a New Finance Committee Member to Fill an Unscheduled Vacancy
[100-2015]
Confirm Council Member Scott Peotter's appointment of Patti Gorczyca to fill the unexpired
balance of Bill McCullough's term on the Finance Committee.
Volume 62 - Page 496
City of Newport Beach
Study Session and Regular Meeting
November 10, 2015
Motion by Mayor Pro Tem Dixon. seconded by Council Member Petros, to approve the
Consent Calendar, except for the item removed (Item 5); and noting the abstention to Item 1 by
Council Member Curry, recusal by Council Member Petros on Item 4, and recusals by Council
Members Curry and Muldoon on Item 6.
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
5. Marina Park Parking - Establish Marina Park Parking Lots Hours, Approve the
Marina Park Daily Parking Permit and Provide for Increased Annual Permit
Parking at Marina Park 1100-20151
Mayor Pro Tem Dixon proposed amending the Resolution for after the first year of the facility's
operation, staff shall report to Council every 60 days with an update and analysis of how the
parking approach is being implemented. She indicated that this will allow staff, the
community, and Council to keep abreast of parking and other issues before they become major
issues.
Ciuy Manager Kiff agreed, but suggested reporting back every 90 days instead of 60 days since
the City's programming is in 90-day blocks. Additionally, he stated that staff will provide
residents with a telephone number to call if there are any problems.
Mayor Pro Tem Dixon accepted the suggestion of staff providing an update every 90 days. City
Manager Kiff explained it would be a Consent Calendar item presented as"receive and file."
Motion by Mayor Pro Tem Dixon. seconded by Council Member Curry, to a) adopt
amended Resolution No. 2015-86,AResolution of the City Council of the City of Newport Beach,
California, Amending Resolution No. 2000-38, to Establish the Hours of Operation for the
Marina Park Parking Lots; b) adopt Resolution No. 2015-87, A Resolution of the City Council of
the City of Newport Beach, California, Establishing the Marina Park Daily Parking Permit; and
c) adopt Resolution No. 2015-89, A Resolution of the City Council of the City of Newport Beach,
California, Amending Resolution No. 2011-109, to Provide for Annual Permit Parking at
Marina Park, as amended.
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
XVII. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Tori Horn stated that she is homeless and commented on the number of homeless living in the area
of 1550 Avocado. She urged Council and law enforcement to consider its homeless, especially the
children, and requested help.
Richard Russell spoke of Donald Fuschetti, who was a resident of Newport Beach and recently lost
his life after being hit by a car while crossing Westcliff Avenue. He hoped that Council will
consider installing flashing lights in the crosswalk. He reported that he will be presenting the City
Volume 62-Page 497
City of Newport Beach
Study Session and Regular Meeting
November 10, 2015
Clerk with a petition containing 1,300 signatures and asking the City to install crosswalk lights on
17th and Rutland. He read from some of the comments made from people who signed the petition.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Curry reported that the Finance Committee will meet on November 12, 2015, at
3:00 p.m.
Council Member Petros reported that Council is making attempts to learn more about departing
flights at John Wayne Airport (JWA). He announced that he will host a conversation, next week,
with the City Attorney from the City of Phoenix who has filed a lawsuit against the FAA in order to
learn more about what has happened there. He added that he will report back to Council and the
public after that meeting.
XIX. PUBLIC HEARING
15. Local Coastal Program Implementation Plan 1100-20151
Planning Manager Alford provided a PowerPoint presentation to address the Coastal
Commission and Coastal Act, its goals, the Coastal Zone, Local Coastal Program requirements,
details of the Implementation Plan, major components of the plan, Land Use, development,
public access, resource and habitat protection, scenic and visual quality protection, cultural
resource protection, and administration of the plan. He provided information on next steps
after certification, approximate permit appeal boundaries, 2014 Coastal Development Permits,
and addressed community and public outreach.
Mayor Selich noted that this is the conclusion of a 12-year effort, commented on the various
challenges, interface with Coastal Commission staff, community outreach, and the General
Plan/Local Coastal Program Implementation Committee. He added that the plan meets the
needs of the community, as well as the Coastal Act.
At Mayor Pro Tem Dixon's request, Planning Manager Alford indicated that benefits to
residents living within the Coastal Zone include streamlining the development application
process and reduction of costs.
Community Development Director Brandt addressed overall staffing and differences between
the current process and the proposed process, noting there will be a time savings and the
process will be less labor-intensive.
Mayor Selich opened the public hearing.
Jim Mosher commended staff for their work but, although he acknowledged the amount of
community outreach, he believed that the amount of public engagement has been slight. He
wondered if what will be submitted to the Coastal Commission is what the public is seeing at
this time or asked whether Council or staff has latitude to modify it before it is officially
submitted. He expressed concerns regarding the appeals and noticing processes.
Ken Schofield commended the City and staff for their work on this matter.
Hearing no further testimony, Mayor Selich closed the public hearing.
Council Member Petros agreed with Mayor Selich's comments and commended staff for their
work and noted that this is an effort toward local control.
Volume 62 -Page 498
City of Newport Beach
Study Session and Regular Meeting
November 10, 2015
Motion by Council Member Petros, seconded by Mayor Pro Tem Dixon, to a) find that
approval of the LCP Implementation Plan is statutorily exempt from California Environmental
Quality Act (CEQA) pursuant to Section 15265(a) (1) of the California Code of Regulations,
Title 14, and Chapter 3 of the Coastal Act; and b) adopt Resolution No. 2015-99,A Resolution of
the City Council of the City of Newport Beach, California, Approving the Local Coastal Program
Implementation Plan (PA2013-001), and authorizing the submittal of applications to the
California Coastal Commission for review and approval.
Council Member Duffield commended staff and Mayor Selich for their work.
Council Member Peotter commented on the process, noted this is a good accomplishment, and
thanked staff for their work.
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
XX. CURRENT BUSINESS
16. Appointment of New City Arts Commissioner to Fill an Unscheduled Vacancy [100-
2015]
City Clerk Brown read the paper ballot votes for the City Arts Commission as follows:
Michael Kerr — Council Member Peotter, Council Member Petros, Council Member Curry,
Council Member Duffield, Council Member Muldoon, and Mayor Selich
Jennifer Van Bergh—Mayor Pro Tem Dixon
City Clerk Brown announced that Michael Kerr was appointed to a term expiring on June 30,
2017 to fill the unscheduled vacancy on the City Arts Commission.
17. Appointment to the Visit Newport Beach,Inc. Executive Committee [100-2015]
Council Member Duffield recused himself from this Item due to a business
relationship with Visit Newport Beach, Inc.
Jim Mosher discussed the funding given to Visit Newport Beach, Inc. by City and believed that
appointing a Council liaison to its Executive Committee arose due to a City audit. He stated
that the public has heard little from the current appointee and took issue with the money
allotted for its annual dinner for the purpose of self-promotion. He commented on the CEO's
compensation and believed that the Committee should hold public meetings, subject to the
Brown Act.
Mayor Pro Tem Dixon hoped that the City will continue to ensure that Visit Newport Beach,
Inc. is aware of the requirements of the agreement, including the timely and complete
submittal of reports. She expressed hope that they will continue to be an advocate for complete
transparency and spoke in support of the organization's work and efforts.
City Clerk Brown read the paper ballot votes for the Visit Newport Beach, Inc. Executive
Committee as follows:
Volume 62-Page 499
City of Newport Beach
Study Session and Regular Meeting
November 10, 2015
Dennis O'Neil - Council Member Petros, Council Member Curry, Council Member Muldoon,
Mayor Pro Tem Dixon and Mayor Selich
Douglas Wood-Council Member Peotter
City Clerk Brown announced that Dennis O'Neil was reappointed to serve on the Visit Newport
Beach, Inc. Executive Committee for a four year term, effective December 14, 2015.
XXI. MOTION FOR RECONSIDERATION-None
NMI. ADJOURNMENT-Adjourned at 8:07 p.m, in memory of Greg Moddelog
The agenda was posted on the City's website and on the City Hall Electronic Bulletin
Board located in the entrance of the City Council Chambers at 100 Civic Center Drive on
November 5, 2015, at 4:10 p.m. The supplemental agenda was posted on the City's
website and on the City Hall Electronic Bulletin Board located in the entrance of the
City Council Chambers at 100 Civic Center Drive on November 6, 2015, at 11:00 a.m.
40° ,
Recording Secretary
dlul -
Mayor
City Clerk "
+tiWP�RT
u i
�NFORN�P
Volume 62 -Page 500