HomeMy WebLinkAbout01 - MinutesAugust 9, 2016
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 26, 2016
I. ROLL CALL - 6:00 p.m.
Present: Council Member Peotter (arrived at 6:20 p.m.), Council Member Duffield, Council Member
Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon,
Mayor Dixon
II. PUBLIC COMMENTS
Jim Mosher encouraged the City Council to provide more detailed descriptions of Closed Session topics .
He questioned the need for discussions with all ten labor associations, and believed that both conference
with legal counsel matters need enhanced explanations. s. ,
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.
III. CLOSED SESSION — 6:03 p.m.
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City
Manager, and Barbara Salvini, Human Resources Director; 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).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) and (e)(1): 1 matter
IV. RECESS
V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
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VII. CLOSED SESSION REPORT - None
City Attorney Harp announced that all members of the City Council were in attendance
during Closed Session discussions.
VIII. PLEDGE OF ALLEGIANCE - Council Member Duffield
IX. INVOCATION - Council Member Petros
X. PRESENTATION
Fire Suppression on Newport Beach's Ocean Piers
Deputy Fire Chief Duncan utilized a PowerPoint presentation to provide an overview of the Seal
Beach Pier Fire of May 20, 2016, Newport Pier, Balboa Pier, built in fire protections, challenges
relative to access, various scenarios, and fire boat resources.
In response to Mayor Dixon's question, Deputy Fire Chief Duncan discussed the need to breach the
concrete, delaying firefighting.
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS)
Council Member Petros reported that he participated in the July 9 Pier -to -Pier swim. In addition, he
announced the upcoming Don Burns Annual Swim at Big Corona del Mar Beach on August 20. He
discussed the meeting he attended with Mayor Dixon and Public Safety, Public Works, and members of
the public on issues related to bicycle and pedestrian safety around schools and announced that an item
would be on the City Council's upcoming agenda.
Council Member Curry congratulated the OASIS Senior Center staff on the Jimmy Buffet tribute band
event. He announced the community forum on July 28, at 5:30 p.m., in the Newport Coast Community
Center to interview the District 7 Council candidates.
Mayor Dixon discussed the Community Development Department discussion on Mariners Mile ideas.
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
Amending the NBMC to allow for temporary displays of patriotic pennants over the
public right-of-way on Balboa Island (Selich)
Council Member Selich suggested bringing an item forward to amend the Newport Beach Municipal
Code, and updated his request to read "Decorative" instead of "Patriotic."
Motion by Council Member Selich, seconded by Council Member Petros, to bring the
matter to a future agenda.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
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XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 13 (Annual Report on Council Discretionary Grant Funds), Jim Mosher expressed
concerns over the propriety of the discretionary grant funds.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 12, 2016 Study Session and Regular Meeting [100-20161
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.
ORDINANCES FOR ADOPTION
Adoption of Ordinance No. 2016-10 Amending Chapter 5.20 of the NBMC Entitled
Pawnbrokers, Secondhand Dealers and Junk Dealers [100-20161
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2016-10, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Newport Beach Municipal Code Chapter 5.20
Entitled "Pawnbrokers, Secondhand Dealers and Junk Dealers. "
CONTRACTS AND AGREEMENTS
4. Dolphin and Tamura Shallow Water Well Rehabilitations - Notice of Completion for
Contract No. 5981 (Project No. 15W11) [38/100-20161
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. (At the July 14, 2015 meeting, this project was found to be exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302);
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 the acceptance by the City Council.
5. City Radio Tower Rehabilitation - Award of Contract No. 7094-1 [38/100-20161
a) Staff recommends the City finds this project exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15302(c) (reconstruction of existing facility involving negligible
or no expansion of capacity) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment;
b) Approve the project drawings and specifications;
c) Award Contract No. 7094-1 to Telcom, Inc. for the total bid price of $425,458.00, and authorize
the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $42,500 (approximately 10 percent) to cover the cost of unforeseen
work not included in the original contract;
e) Authorize City Manager to execute a Reimbursement Agreement with the County of Orange
(C-7094-2) for its contribution to the project on a form approved by the City Attorney; and
f) Approve Budget Amendment No. 17BA-004 appropriating $184,000.00 from 800MhZ
Equipment unappropriated balance to Account No. 75401-980000-16M13; $34,500 from Water
Enterprise unappropriated balance to Account No. 70101-980000-16M13; $11,500 from
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Wastewater Enterprise unappropriated balance to Account No. 71101-980000-16M13; and
$25,000 from IT Equipment unappropriated balance to Account No. 76501-980000-16M13 for
City Radio Tower Rehabilitation Project.
Seaview Lutheran Plaza Affordable Housing Grant (C-6379) [38/100-2016]
a) Find the project to be categorically exempt pursuant to Title 14 of the California Code of
Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act) under Class 1 (Existing Facilities);
b) Approve and authorize the Mayor and City Clerk to execute the Agreement with SVLP; and
c) Approve Budget Amendment No. 17BA-005 transferring $800,000 from the Affordable Housing
Reserve Account to fund the Project.
7. School Resource Officer Program Agreement (C-3309) [38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve the Agreement between the City of Newport Beach and the Newport -Mesa Unified
School District to participate in the School Resource Officer Program ("Agreement"), and
authorize the Mayor to execute the Agreement on behalf of the City.
8. Amendment No. One to Agreement for Temporary Laborer Services with Cathyjon
Enterprises, Inc. DBA HB Staffing (C-6133) [38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve the amended Amendment No. One to the Agreement with Cathyjon Enterprises, Inc.
DBA HB Staffing for temporary laborer services, and authorize the Mayor and City Clerk to
execute the agreement.
Amendment No. One to Agreement with Walt Harper for Landscape and Park Services
Agreement (C-6394) [38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. One to the on-call maintenance/repair agreement with Walt Harper
for landscape and park services to increase the total amount not to exceed by $60,000, and
authorize the Mayor and City Clerk to sign the agreement.
MISCELLANEOUS
10. Planning Commission Agenda for the July 21, 2016 Meeting [100-2016]
Receive and file.
11. Adoption of City's Discrimination and Harassment Prevention Policy [100-2016]
Continue the item to the September 13, 2016 City Council meeting.
12. Update on Water Use and Conservation Efforts June 2016 [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Receive and file.
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13. Annual Report on Council Discretionary Grant Funds [100-20161
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Receive and file.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Peotter, to approve the
Consent Calendar; and noting the continuance of Item 11 and the amendment to Item 8.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member
Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
XVI. ITEM REMOVED FROM THE CONSENT CALENDAR — None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS ak *W 11=6
Hart Wurner urged the City Council to allow the encroachment at 119 Grand Canal on Balboa Island.
He believed they would be singled out if required to remove the encroachment.
City Manager Kiff indicated the matter was on the City Council's August 9 agenda.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Petros reported on the July 25 Aviation Committee meeting, highlighting topics such
as the impending FAA Nextgen project for aligning departures at John Wayne Airport (JWA), height of
departures at JWA, and progress on the health study with UCI.
Council Member Selich stated the City's Local Coastal Implementation Plan was scheduled for Coastal
Commission's August meeting, but would probably be continued to September.
XIX. PUBLIC HEARINGS &I
14. The Residences at Newport Place Appeal (PA2014-150) Located at 1701 Corinthian Way,
1660 Dove Street, 4251, 4253, and 4255 Martingale Way, and 4200, 4220, 4250 Scott Drive
[100-20161
Community Development Director Brandt deferred to the applicant for the presentation.
Britnae Jensen, Appellant, Development Manager representing Newport Place Residential, clarified
the waiver of park dedication, amount of proposed commercial use, parking, and proposed changes.
She presented a PowerPoint presentation depicting what was being appealed and what was
originally acted upon by the Planning Commission, including project statistics, renderings of the
project, building heights and setbacks, public park versus open space, and the development
agreement.
Richard Zeilenga, Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP, representing the applicant,
discussed the options before the City Council, including granting the appeal, continuing the hearing
to September 27, 2016, or referring the project back to the Planning Commission. He requested
that, if the item was referred to the Planning Commission, the City Council provide direction
relative to whether a development agreement was required and about park ownership. In addition,
he questioned why the Planning Commission disregarded the advice of staff and City Attorney. In a
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comparison of development agreement triggers, he highlighted the differences between the
Residences at Newport Place and Uptown Newport project. He reiterated that staff assured the
applicant that no development agreement was required. He pointed out the project contained 30%
affordable housing which provides a public benefit. He urged Council not to refer the project back to
the Planning Commission. He presented a quote from Planning Commissioner Lawler indicating
the variances would be considered if there was a development agreement and public open space.
Council Member Petros noted that Commissioner Lawler indicated he was not speaking on behalf of
the Planning Commission. Mr. Zeilenga noted that three Planning Commissioners indicated they
wanted a development agreement despite staff recommendations.
Community Development Director Brandt clarified that, if the City Council wished to refer that
matter back to the Planning Commission, it would be to determine a recommendation to the City
Council. She stated she had not seen the revised elevation and site plans.
Mayor Dixon opened the public hearing.
Bill Shopoff stated, in his years in development, he had never previously opposed a project, but
expressed that opposes this project because the setback should be from the park boundary, and he
has issues with the one -acre park standards and substandard parking. He discussed the 30%
affordable housing requirement.
Dorothy Kraus, Vice President of Still Protecting Our Newport (SPON), believed the character of
the Airport Area needed to be defined and not piecemealed. She discussed the components of a
work -live environment and suggested developing a specific plan for the Airport Area.
Jim Mosher pointed out that the project was a discretionary application and Council has the
discretion to simply deny the project. He discussed the Planning Commission's hearings and
concerns. He proposed that the applicant start the project over with something appropriate for
Newport Beach.
k,.
Laurie Tradia stated she did not feel the CEQA document met the requirements.
Rick Roshan, part owner of 1499 McArthur Boulevard, expressed concerns about limited parking
and the impact to adjacent properties.
Mr. Zeilenga discussed the requested variances for setback, building height and the %-acre park.
He addressed Mr. Mosher's comments regarding the Planning Commission's denial. He noted that
it had been the practice of the Planning Commission to grant continuances.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Council Member Selich discussed the comprehensive plan in the Airport Area. He indicated
opposition to the project due to the proposed park, density, and redesign. He expressed his
inclination to uphold the Planning Commission's decision.
Motion by Council Member Selich, seconded by Council Member Petros, to a) deny project
and uphold decision of Planning Commission; and b) approve Resolution No. 2016-98, A Resolution
of the City Council of the City of Newport Beach, California, Denying the Appeal without Prejudice
and Upholding the Planning Commission Denial of Planned Development Permit No. PL2014-001,
Lot Merger No. LM2014-003, Affordable Housing Implementation Plan No. AH2015-001, and the
Requested Park Waiver for the Residences at Newport Place Project Located at 1701 Corinthian Way,
4251, 4253 and 4255 Martingale Way, 4200, 4220 and 4250 Scott Drive and 1660 Dove Street
(PA2014-150).
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City Attorney Harp recommended the matter come back on August 9, 2016 to adopt the resolutions.
Council Member Selich suggested modeling the City Council's resolution after the Planning
Commission's resolution.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
15. Lido House Hotel Floor Area Expansion, Located at 3300 Newport Boulevard and
475 32nd Street (PA2016-061) (C-5567) [38/100-20161
Principal Planner Campbell introduced the item and highlighted the recommendations listed in the
staff report.
Mayor Dixon opened the public hearing.
Tony Wrzosek, Vice President of Planning and Development, RD Olson Development, explained the
request for additional floor area for Lido House Hotel. 4LAR 1W
Jim Mosher discussed the importance of trust and the need to implement the Greenlight initiative.
Principal Planner Campbell provided background on the General Plan amendment related to the
hotel and explained that 20% was consistent with the City Charter.
City Attorney Harp stated the original staff report disclosed the Greenlight initiative and confirmed
that the proposed action would be in line with the City Charter.
Sherman Stacey, attorney for RD Olson Development, discussed Measure B and the process to
determine reuse of the property. He described the genesis of seeking additional square footage. He
requested that Council uphold the recommendation of the Planning Commission.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Council Member Selich expressed the opinion that Mr. Mosher did not understand Greenlight.
Motion by Council Member Selich, seconded by Council Member Curry, to a) adopt
Resolution No. 2016-88, A Resolution of the City Council of the City of Newport Beach, California,
Adopting Addendum I to the Lido House Hotel Certified Environmental Impact Report (PA2016-
061); b) adopt Resolution No. 2016-89, A Resolution of the City Council of the City of Newport Beach,
California, Approving General Plan Amendment No. GP2016-001 for the Lido House Hotel Project
Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061); c) adopt Resolution
No. 2016-90, A Resolution of the City Council of the City of Newport Beach, California, Approving
Coastal Land Use Plan No. LC2016-001 for the Lido House Hotel Project Located at 3300 Newport
Boulevard and 475 32nd Street (PA2016-061); d) adopt Resolution No. 2016-91, A Resolution of the
City Council of the City of Newport Beach, California, Approving Site Development Review
No. SD2016-005, Conditional Use Permit No. UP2016-015 for the Lido House Hotel Project Located
at 3300 Newport Boulevard and 475 32nd Street (PA2016-061); and e) introduce Ordinance
No. 2016-13, An Ordinance of the City Council of the City of Newport Beach, California, Approving
Zoning Code Amendment No. CA2016-003 for the Lido House Hotel Project Located at 3300 Newport
Boulevard and 475 32nd Street (PA2016-061), and pass to second reading on August 9, 2016.
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The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
16. Amendments to Coastal Land Use Plan and Policy L-12 and the Establishment of a
Comprehensive Program for Properties Along East Ocean Front to Allow Encroachments
and to Remove Unpermitted Development Beyond the Encroachment Area (PA2013-057)
[100-20161
Community Development Director Brandt presented a PowerPoint presentation on the program,
including project history, encroachment types, proposed solutions, excluded areas, Part One -
Encroachment Program, encroachment fees, use of fees, Part Two — Implement Removal and
Replacement Plan, having the City as lead, and recommendations.
Council Member Peotter requested explanation on how the Coastal Land Use amendment fit in with
the current amendment before the Coastal Commission. Community Development Director Brandt
explained that the City was requesting an amendment to the Coastal Land Use Plan and the project
would trail the current amendment.
Mayor Dixon opened the public hearing.
Jim McGee, representing the Balboa Peninsula Point Ocean Front Encroachment Committee,
recommended that Council adopt the proposed resolution. He discussed the hearings and meetings
regarding the project.
Allen Steiner expressed confusion about the reference to tidelands. He stated he was willing to
work with the City and volunteered to be on the committee to work with the eight excluded homes.
Community Development Director Brandt explained that the City did not have property adjacent to
the properties, therefore the tidelands reach the properties.
Mayor Pro Tem Muldoon asked if the City could acquire the property for right-of-way. City
Manager Kiff stated the City could ask the State Lands Commission.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Community Development Director Brandt discussed Mr. McGee's letter and accepted the two
recommendations on pages 16-23 and 16-25.
Motion by Mayor Dixon, seconded by Council Member Petros, to a) determine that the
Coastal Land Use Plan amendment, per California Public Resources Code Section 21080.9 and
California Environmental Quality Act ("CEQA') Regulation Section 15265, exempts local
governments from the requirements of preparing an environmental impact report or otherwise
complying with CEQA in connection with the adoption of a Local Coastal Program; b) determine
that the Council Policy L-12 Amendment and the East Ocean Front Comprehensive Encroachment
and Removal and Replacement Program are exempt from CEQA pursuant to Section 15303 New
Construction or Conversion of Small Structures of the CEQA Guidelines; c) adopt Resolution
No. 2016-92, A Resolution of the City Council of the City of Newport Beach, California, Approving
Coastal Land Use Plan Amendment No. LC2013-002, Council Policy L-12 Amendment, and the East
Ocean Front Comprehensive Encroachment and Removal and Replacement Program (PA2013-057);
and d) authorize staff to submit the Coastal Land Use Plan Amendment and the East Ocean Front
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Comprehensive Encroachment and Removal and Replacement Program to the California Coastal
Commission for review and action.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
17. Annual Update to Fees and Charges [100-20161
Mayor Dixon opened the public hearing.
Jim Mosher noted the proposed fee schedule layout was clearer, but suggested the departments be
listed alphabetically. He questioned why the fee schedule was adopted prior to the cost recovery
ordinance and expressed confusion about the need to correct the ordinance. He discussed
Resolution No. 2016-95 regarding fee waivers.
In response to Mayor Dixon's question, City Attorney Harp explained that the ordinance would
come back for second reading and that any typographical errors would be corrected.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Motion by Council Member Curry, seconded by Council Member Petros, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical
change to the environment, directly or indirectly; b) adopt Resolution No. 2016-93, A Resolution of
the City Council of the City of Newport Beach, California, Adopting the Annual Update to Fees and
Charges; c) introduce Ordinance No. 2016-14, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030
Related to Cost Recovery, Section 12.16.020 Related to Parking Penalties, Subsection 14.12.010(B)
Related to Water Service Fees, and Ratifying Existing Library Fines, and pass to second reading on
August 9, 2016; d) adopt Resolution No. 2016-94, A Resolution of the City Council of the City of
Newport Beach, California, Establishing the Penalty Amounts for Parking Related Violations and
Administrative Fees for Processing Delinquent Parking Violations and Rescinding Resolution No. 93-
53 and Resolution No. 94-29; and e) adopt Resolution No. 2016-95, A Resolution of the City Council
of the City of Newport Beach, California, Establishing Special Event Hourly Rates and Waiving
Certain Special Event Fees and Charges for The Library Foundation and Arts Foundation.
Council Member Peotter thanked the Building Department for determining fixed fees where
appropriate. He requested continued tracking of time. Assistant Community Development Director
Jurjis confirmed that Planning and Building time was being tracked.
City Manager Kiff and Mayor Dixon thanked staff for its work on the fees and charges.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Dixon
Nays: Mayor Pro Tem Muldoon
XX. CURRENT BUSINESS
18. Direction Regarding Resolution No. 2015-44 Related to the Previously Proposed City
Charter Amendment [39/100-20161
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Council Member Curry noted that the proposed Charter Amendment would require a super
majority vote of Council before it could place a tax increase measure on the ballot. He indicated
that Council unanimously approved the matter three times.
Motion by Council Member Curry, seconded by Council Member Petros, to a) adopt
Resolution No. 2016-70, A Resolution of the City Council of the City of Newport Beach, California,
Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal
Election to be Held on Tuesday, November 8, 2016, with the Statewide General Election to be Held on
the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Submitting a
Proposed Charter Amendment; b) adopt Resolution No. 2016-71, A Resolution of the City Council of
the City of Newport Beach, California, Setting Priorities for Filing Written Arguments Regarding
City Measures, and Directing the City Attorney to Prepare an Impartial Analysis; c) adopt Resolution
No. 2016-72, A Resolution of the City Council of the City of Newport Beach, California, Providing for
the Filing of Rebuttal Arguments for the City Measure Submitted to Voters at the General Municipal
Election to be Held on Tuesday, November 8, 2016, Pursuant to California Elections Code Section
9285; d) designate Mayor Pro Tem Muldoon, Council Member Curry, and Council Member Selich to
draft a Direct Argument for the ballot measure and any Rebuttal Argument, if needed; and
e) determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result
in a physical change to the environment, directly or indirectly.
Substitute motion by Mayor Pro Tem Muldoon, seconded by Council Member Peotter, to
a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in
a physical change to the environment, directly or indirectly; b) for the August 9, 2016 City Council
meeting, bring back an amended Ballot Measure to include the "Newport Beach Taxpayer
Protection Act" which require 5 of 7 votes of the City Council to propose taxes; and a Ballot Measure
that requires 5 of 7 votes of the City Council to bring Certificate of Participations (COPs) to a vote;
and c) also bring back the resolutions pertaining to the General Municipal Election scheduled for
Tuesday, November 8, 2016, pursuant to City Charter Section 1000, at the August 9, 2016 City
Council meeting.
In response to City Attorney Harp's question, Mayor Pro Tem Muldoon stated he was proposing one
ballot measure.
Council Member Curryestioned the validity of the substitute motion as the additional language
was not agendized. City Attorney Harp indicated the motion did not violate the Brown Act.
Council Member Curry advised that 3 out of 4 California cities had the original proposed law, but
none had the substitute law. He believed the substitute motion would limit the City's ability to
conduct business, and stressed that he would oppose the substitute motion.
Council Member Peotter believed COPS were a work around Proposition 13 and stated he favored
full disclosure.
In response to Mayor Pro Tem Muldoon's questions, Finance Director Matusiewicz defined
Certificates of Participation (COPs). Mayor Pro Tem Muldoon asked if the City could lease property
without COPs. Finance Director Matusiewicz noted the City could lease property, but not issue
COPs. Mayor Pro Tem Muldoon asked if the City could function without COPs. Finance Director
Matusiewicz stated his personal opinion was that it would be a bad idea to cut off that avenue.
Mayor Pro Tem Muldoon expressed the opinion that the Finance Director had a bias and stated the
City had other means of raising funds. He expressed concern that the opposition did not want the
voters to decide.
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Council Member Petros stated Finance Director Matusiewicz did not have a bias.
Council Member Curry asked if adopting the policy was in the best interest of the City. City
Manager Kiff replied he did not feel comfortable responding without presenting the pros and cons of
both proposals. Council Member Curry explained why leases worked.
Council Member Selich stated he does not prefer either option and would rather have thoughtful
discussion.
The substitute motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Mayor Pro Tem Muldoon, Mayor
Dixon
Nays: Council Member Selich, Council Member Curry, Council Member Petros
XVIII. MOTION FOR RECONSIDERATION — None
XIX. ADJOURNMENT — Adjourned at 9:21 p.m. in memory of Retired Fire Chief James (Jim) Reed
The agenda was posted on the City's website and on the City
located in the entrance of the City Council Chambers
July 21, 2016, at 4:00 p.m.
City Clerk
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