HomeMy WebLinkAbout03/27/2018 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 27, 2018
I. ROLL CALL - 5:30 p.m.
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff
Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem
Will O'Neill, Mayor Duffy Duffield
II. PUBLIC COMMENTS
Jim Mosher remarked that the Closed Session agenda does not provide the subject of the litigation
and suggested that a majority of the City Council instruct the City Attorney to disclose the subject.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items as listed in the Closed Session agenda and read the titles.
III. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Dave Kif£, City Manager, Carol Jacobs, Assistant City
Manager, Barbara Salvini, Human Resources Director, Brian P. Walter and Peter Brown; Labor
Negotiators.
Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA);
Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association
(NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Police
Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport
Beach Professional and Technical Employee Association (NBPTEA).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) (e)(2)): 9 matters
The Newport Beach Lifeguard Management Association (NBLMA), the Newport Beach Police
Management Association (NBPMA), the Newport Beach Police Association (NBPA), the Newport
Beach Firefighters Association (NBFA), the Laborers International Union of North America
Local 777 (as affiliated with and on behalf of the Newport Beach Professional and Technical
Employees Association (NBTEA) and Newport Beach City Employees Association (NBCEA)), on
behalf of the current and former members of said unions, as well as Vladimir Anderson and
Robert Salerno, in their individual capacities, are aware of the United States Court of Appeals
for the Ninth Circuit's decision in the case of Flores v. City of San Gabriel (9th Cir. 2016) 824
F.3d 890 which may result in litigation against the City of Newport. Beach related to the
calculation and payment of overtime compensation.
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
IV. RECESSED - 5:32 p.m.
V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
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City of Newport Beach
Regular Meeting
March 27, 2018
VI. ROLL CALL
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff
Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem
Will O'Neill, Mayor Duffy Duffield
VII. CLOSED SESSION REPORT
City Attorney Harp announced the City Council authorized the initiation of litigation with respect
to Item III.C. Particulars will be disclosed upon inquiry once the action has commenced. He reported
that Mayor Duffield and Council Members Herdman, Muldoon and Dixon voted in favor of the action.
VIII. INVOCATION - Pastor Cindy William, Newport Center United Methodist
IX. PLEDGE OF ALLEGIANCE - Council Member Avery
Mayor Duffield announced Item 12 will follow the Consent Calendar and Items XVI (Public
Comments on Non -Agenda Items) and XII (City Council Announcements) will follow Current
Business.
City Manager Kiff reported the April 10, 2018 agenda will contain an item regarding an amendment
to his contract.
X. PRESENTATION
Presentation from Orange County District Attorney Tony Rackauckas Regarding Human
Exploitation and Trafficking (HEAT) Reduction Effort
District Attorney Rackauckas reported that he became aware of human trafficking a few years ago
and formed the Human Trafficking Task Force. In response, he stated the District Attorney's Office
changed the way they investigate and handle trafficking cases. To date, the District Attorney's Office
has charged and convicted approximately 265 people for trafficking.
Senior Deputy District Attorney Brad Schoenleben utilized a PowerPoint presentation to share
statistics and characteristics of trafficking victims. He reported on their victim -centered approach
model which is shared with jurisdictions across the United States. He asked the public to support
legislation, the police, and the District Attorney's Office in its efforts.
Council Member Muldoon emphasized it was important to not allow the traffickers a place to sell
their victims.
In response to Mayor Pro Tem O'Neill's question, Mr. Schoenleben advised that the Newport Beach
Police Department has dedicated an officer to the task force, Newport Beach is doing as well as other
member cities of the task force, and is only limited by resources. Police Chief Lewis indicated
traffickers prey on resort destinations and areas of affluence and urged the public to contact the
Police Department if they see anything suspicious. Mayor Pro Tem O'Neill reiterated the request for
the public to contact the Police Department through 911 or its non -emergency phone number
(949-644-3717).
Grace Divine stated the crime of human trafficking is real and shared her story. She announced she
has written a book about human trafficking and slavery and offered to assist the District Attorney's
Office to raise awareness about human trafficking.
Unknown speaker defined human trafficking and believed traffickers also attempt to pick up people
from Alcoholics Anonymous meetings. She requested residents investigate campaign contributions
before casting their votes.
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Dennis Baker remarked that young boys are trafficked as well as girls.
XI. NOTICE TO THE PUBLIC
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 4 (Proposed Amendments to the Records Retention Schedule), Jim Mosher advised
that the records retention schedule is privately copyrighted and suggested Council make more of an
effort to make the document readily available to the public.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the March 13, 2018 City Council Meeting [100-20181
Waive reading of subject minutes, approve as written, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by
title only.
RESOLUTIONS FOR ADOPTION
3. Adoption of Resolution No. 2018-17 for the Reducing Crime and Keeping California
Safe Act of 2018 [100-2018]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2018-17, AResolution of the City Council of the City of Newport Beach,
California, Supporting the Reducing Crime and Keeping California Safe Act of 2018.
4. Proposed Amendments to the Records Retention Schedule [100-20181
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2018-18, AResolution of the City Council of the City of Newport Beach,
California, Amending Certain Sections of the Records Retention Schedule and Authorizing
Destruction of Certain Records Accordingly.
CONTRACTS AND AGREEMENTS
5. Pulled from the Consent Calendar
6. Pulled from the Consent Calendar
7. Pulled from the Consent Calendar
MISCELLANEOUS
8. Planning Commission Agenda for March 22, 2018 [100-20181
Receive and file.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Peotter, to approve the
Consent Calendar, except the items removed (Items 5, 6 and7).
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The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
7. On -Call Professional Services Agreements for Marine Engineering and Harbor
Related Services [38/100-2018]
Mayor Duffield recused himself due to business interests.
In response to Council questions, Public Works Director Webb explained the reason for utilizing
on-call contracts and recent projects completed through this method, reported the contracts with
the three firms are for three years with a not -to -exceed amount of $300,000 each, indicated some
projects have been completed and some are coming up, and reported two of the contractors have
worked with the City previously as the field of marine engineering pool is very small.
Motion by Council Member Peotter, seconded by Council Member Dixon, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result
in a physical change to the environment, directly or indirectly; and b) award and approve
Professional Services Agreements with Anchor QEA (C-8546.1), LLC, Moffatt & Nichol (C-8546-
2), and Noble Consultants, Inc. (C-8546.3), and authorize the Mayor and City Clerk to execute
each agreement. Each on-call agreement is for a three-year term and carries a not -to -exceed
amount of $300,000 for each agreement's total three-year term.
Jim Mosher believed Council is approving a large amount of money without imposing any
controls on the size of the project. He requested Council set a limit on the amount of money that
can be expended for each job.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill
Recused: Mayor Duffield
6. Balboa Peninsula Pedestrian Crossing Improvement Project — Award of Contract
No. 7288-1 (Project 18T03) [38/100-2018]
Council Member Avery and City Clerh Brown recused themselves due to property
interests.
In response to Council questions, Public Works Director Webb relayed work to be done as part of
the pedestrian crossing project. Deputy Public Works Director Vukojevic indicated each location
will require approximately three days to complete work. Public Works Director Webb advised
that staff believes work can be completed in 40 days, the contract included a penalty as an
incentive for work to be completed in the stated time, Phase 2 will likely begin in 2019, the life
of a crosswalk depends on the amount of vehicle traffic but typically is many years, and funds
remaining from other projects were allocated to this project.
David Tanner requested staff investigate improvements to increase visibility at intersections in
Newport Shores.
George Schroeder believed the study was the most comprehensive the City has conducted.
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Motion by Council Member Muldoon, seconded by Council Member Peotter, to a) find
this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15301 Class 1 (c) (maintenance of existing public facilities involving negligible or no expansion
of use); b) approve the project plans and specifications; c) award Contract No. 7288-1 to Excel for
the total bid price of $386,307.00, and authorize the Mayor and City Clerk to execute the contract;
d) establish $39,000.00 (approximately 10 percent), contingency amount to cover the cost of
unforeseen work not included in the original contract; and e) approve Budget Amendment
No. 18BA-034 transferring $225,000.00 from Account No. 01201928-980000-17M12 (Slope
Erosion Control/Enhancements) to Account No. 01201927-980000-18T03 (Traffic Signage,
Striping, Marking and Crosswalks).
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Mayor Pro Tem O'Neill, Mayor Duffield
Recused: Council Member Avery
5. Peninsula Park and Bayview Park Improvements - Award of Contract No. 7226-2
(16P12) [381100-2018]
In response to Council questions, Public Works Director Webb reported the City Attorney's Office
reviewed the bid protest and indicated the proposed central stairway followed a trail where
members of the public cut across the area. Deputy Public Works Director Vukojevic shared
details of the project and the need for improvements.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to a) find
this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15332 (in -fill development projects) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential to have a significant effect on the environment;
b) approve the project plans and specifications; c) award Contract No. 7226-2 to S & H Civilworks
for the base bid amount of $234,060.00 for Peninsula Park, and authorize the Mayor and City
Clerk to execute the contract; and d) establish a contingency of $23,400 (approximately 10% of
total bid) to cover the cost of unforeseen work not included in the original contract.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
XIX. CURRENT BUSINESS
12. AB 2464 (Harper), Professional Services Agreement with Schmitz and Associates
(C-8545-1), Budget Amendment [381100-2018]
Mayor Duffield recused himself due to business interests.
City Manager Kiff provided the staff report, explained the bill grants permission for the City to
file a Port Master Plan, advised the next steps staff will take to prepare and present the plan to
the California Coastal Commission for approval, and indicated staff has resolved questions
associated with the bill.
Council Member Dixon explained the legislative process the bill can take, discussed the expected
timeline, and stated Council can revisit the strategy if the bill dies during the legislative session.
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Don Schmitz, Schmitz and Associates, explained the purpose of the bill is to amend the Coastal
Act to include "Port of Newport Beach," the Act enumerates the ports, and Newport Beach needs
to be on the list so the City can process permits. He advised that another option is a public works
plan, but indicated he is concerned with its limitations.
Council Member Herdman requested an accurate assessment of the Coastal Commission's
attitude toward the City moving forward with the bill, emphasized there is no intention to turn
the Harbor into a commercial harbor, explained the goal of gaining local control, and indicated
he does not wish to harm the positive relationship the City has with the Coastal Commission.
In response to Council Member Herdman's questions, Mr. Schmitz reported he will work with
Coastal Commissioners and their staff, explained the process and importance of the Act and
confirmed the plan will not convert Newport Harbor to a commercial port.
Following comments by Mayor Pro Tem O'Neill, City Attorney Harp suggested Council indicate
that today's vote supersedes the vote taken at the previous meeting, the letter to Assembly
Member Harper be signed by Mayor Pro Tem O'Neill since Mayor Duffield has a conflict of
interest, and the Assembly Bill number be corrected.
Mr. Schmitz advised half the expenses will be related to work with the Coastal Commission and
half will be associated to work with Assembly Members and his testimony before the committees.
City Manager Kiff reported he could cancel Mr. Schmitz's contract if the Coastal Commission
opposes the bill.
Jim Mosher questioned whether the City plans to create a Port District, believed the public would
support a harbor master plan rather than a Port Master Plan, and enumerated his issues with
Mr. Schmitz's contract.
David Tanner posted questions relative to drafting a Port Master Plan, opposition, and potential
litigation.
Unknown speaker concurred with Council Member Herdman's and Mr. Mosher's comments,
believing this would be an opportunity for corruption.
Joy Brenner expressed the opinion the public had not been given sufficient information for her
to know if she should support a Port Master Plan.
Nancy Skinner believed the general concept was good, but expressed concerns about land use
and the need to designate a port.
Dorothy Kraus supported many of the previous comments and wanted to know the cost benefit
of this action.
Dennis Baker believed the Port Master Plan was an excuse to ignore a General Plan update.
Tom Shottmiller believed the plan would not provide a return on investment and urged Council
not to proceed.
Mike Glenn indicated the Port Master Plan would benefit him and residents on the water, and
believed they should be the ones to pay for it, not the entire City.
City Manager Kiff reported it would take years and a lot of public input to develop the Port
Master Plan and confirmed it would be subject to the California Environmental Quality Act
(CEQ,A).
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Mr. Schmitz explained the need to proceed at this time, indicated the Port Master Plan affects
area from the water's edge outward, reported the Coastal Act does not provide a document called
a harbor master plan, believed it would be difficult for the City to create a harbor master plan,
reiterated that a Port Master Plan requires Coastal Commission approval, and noted the City
would need to create a body to implement the Port Master Plan.
Council Member Muldoon expressed support for legislation that supported local control and
agreed with conducting a General Plan update.
Council Member Herdman expressed his desire to increase transparency with the public to allay
concerns. He supported retaining Mr. Schmitz to provide information and to answer questions
for Council.
Council Member Avery agreed with the idea of more local control, this would be a long process,
and the City needs to demonstrate the cost benefit and risks of having a Port Master Plan.
Council Member Peotter believed the Port Master Plan process will be similar to the General
Plan process and stressed that the General Plan needs to be completed by preparing a Port
Master Plan.
Motion by Council Member Herdman, seconded by Council Member Dixon, 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) authorize the Mayor
Pro Tem to send a letter to Assembly Member Matthew Harper in support of AB 1196 or a similar
Harper bill; c) authorize the City Manager to execute a Professional Services Agreement with
Schmitz and Associates, including work with Henschel Government Affairs, with a not -to -exceed
amount of $120,000; d) identify Council Member Dixon and Council Member Peotter as the
contacts to work with staff and Mr. Schmitz and Mr. Henschel on this issue as it progresses
forward; e) approve Budget Amendment 18BA-032 in the amount of $120,000 from the General
Plan Update CIP, 01201928-980000-18M12, to the City Council Professional Services budget,
01005005-811008; and f) confirm that this action supersedes the action taken at the March 13,
2018 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery
Nays: Mayor Pro Tem O'Neill
Recused: Mayor Duffield
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Avery:
• Attended the opening of a 12 -unit apartment complex in Newport Shores, The Cove Apartments,
and the annual luncheon of the Newport Harbor High School Mentor Program
Council Member Dixon:
• Attended the opening of The Cove Apartments
• Spoke at the Orange Coast College Global Leadership Forum
• Encouraged the public to apply for Board and Commission seats
Council Member Herdman:
• Attended the ribbon cutting for the Corona del Mar High School Learning Center, along with
Mayor Duffield, the Chamber of Commerce Government Affairs meeting, and the Santa Ana
Flood Protection Committee meeting
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• Met with representatives from Airfair, Airport Working Group, and Citizens Against Airport
Noise and Pollution
Council Member Muldoon:
• Attended the opening of The Cove Apartments and thanked all U.S. Veterans for their service
and commended City staff on the project
Mayor Duffield:
• Attended the Newport Bay Watershed Executive Committee meeting and highlighted their
purpose. Public Works Director Webb added that Mayor Duffield was instrumental in obtaining
support from the committee for submitting a letter to the federal government regarding dredging
XVIII. PUBLIC HEARINGS
9. Non -Exclusive Commercial Solid Waste Franchises [42/100-20181
Municipal Operations Director Pisani provided a staff report.
Mayor Duffield opened the public hearing. Hearing no further testimony, he closed the
public hearing.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to
a) determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will
not result in a physical change to the environment, directly or indirectly; and b) waive full
reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018-3, An Ordinance
of the City Council of the City of Newport Beach, California, Granting a Non -Exclusive Solid
Waste Franchise to Provide Solid Waste Handling Services within the City of Newport Beach, and
pass to second reading on April 10, 2018.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
10. Public Hearing for 2015 Amended Urban Water Management Plan [100-2018]
In response to Mayor Pro Tem O'Neill's question, Acting Municipal Operations Director Catron
reported staff obtained preapproval for the revisions.
Mayor Duffield opened the public hearing.
Jim Mosher believed a review of this by the Water Quality/Coastal Tidelands Committee would
have been useful and could have elicited public comment for incorporation into the plan.
Hearing no further testimony, Mayor Duffield closed the public hearing.
Council Member Dixon left the meeting at 9:05 p.m.
Motion by Council Member Muldoon, seconded by Council Member Herdman, to
a) determine that this action is 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 foreseeable
indirect physical change in 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) direct staff to include any comments from the City Council or the
public, and return the item to the April 10, 2018 City Council meeting for adoption.
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The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Peotter, Council
Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
Absent: Council Member Dixon
XIX. CURRENT BUSINESS
11. General Plan and Housing Element Annual Status Report (PA2007-195) [100-20181
Community Development Director Jurjis provided the staff report.
In response to Council questions, Community Development Director Jurjis advised that the
General Plan needs updating, but it has been fully implemented. Deputy Community
Development Director Campbell explained the Regional Housing Needs Assessment (RHNA),
and indicated the information needed and steps City staff takes to update the General Plan and
a variety of other plans. He stated RHNA should be adopted in the fall of 2020.
Dennis Baker expressed concern about the Planning Commission discussion of this report.
Susan Skinner encouraged Council to proceed with the General Plan update, believing there are
plenty of housing units available to fulfill RHNA requirements.
Dorothy Kraus asked if the public would have access to staff discussions about RHNA and read
concerns expressed by Stop Polluting Our Newport (SPON) regarding the report.
Community Development Director Jurjis explained the systems utilized to track applications and
indicated the tables cannot be amended until the General Plan is amended.
David Tanner asked if staff will determine the effect of accessory dwelling units on the RHNA
affordable housing count. Deputy Community Development Director Campbell indicated staff
posed the same question to the Southern California Association of Governments (SLAG).
Jim Mosher expressed the opinion that updating the General Plan every ten years was
inconsistent with the General Plan and the Implementation Program, believed the
Implementation Program should be updated annually, and the report does not state whether the
City's General Plan is consistent with the recently updated General Plan Guidelines.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Muldoon, to a) find the
preparation, review and submission of the 2017 General Plan Status Report not subject to the
California Environmental Quality Act (CEQA) as the actions are not a project as defined by
Section 15378(b)(2) of the Public Resources Code; and b) authorize the submittal of the 2017
General Plan Status Report to the California Office of Planning and Research (OPR) and the
State Department of Housing and Community Development (HCD) continue the item until the
results of a Request for Qualifications (RFQ) for both the legislative and California Coastal
Commission advocacy are brought back to Council.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Peotter, Council
Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
Absent: Council Member Dixon
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Joy Brenner believed the public was upset because pressure was put on City Manager Kiff to resign
and stressed the public's respect for City Manager Kiff.
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Susan Skinner expressed her appreciation for City Manager Kiffs service to the City
Lynn Swain expressed shock that a group of Council Members negotiated City Manager Mffs early
retirement and demanded an investigation of those actions.
Michael Henn was discouraged by some of the Council Members' disrespectful actions in relation to
City Manager Kiff, who had served the City well for 20 years.
James Turner thanked City Manager Kiff for his 20 years of work with the City and inquired about
the City's handling of the Sanctuary State designation.
Allan Beek wanted to ensure that Council knew of the public's fierce loyalty to City Manager Kiff.
Susan Riddle wished City Manager Kiff well, but relayed her disappointment about City Manager
Ki£fs actions regarding a dock lease issue she is involved with.
Suzanne Gauntlett read a letter from the Newport -Mesa Unified School District Board of Education
regarding City Manager Kiff. She thanked City Manager Kiff for his work with the community and
families.
Elizabeth Stahr reported on City Manager Kiffs support of the Newport Beach Public Library and
requested Council continue his employment.
Nancy Gardner believed Council was complicit in the divisiveness affecting the City and suggested
Council Members hire different campaign managers.
Jim Warren shared his positive experiences working with City Manager Kiff.
Marilyn Brewer believed some Council Members conducted meetings in violation of the Brown Act,
stated City Manager Kiff was one of Orange County's finest public servants, and expressed the
opinion that Council Members' actions were appalling.
In response to Mayor Pro Tem O'Neill's question, City Manager Kiff indicated that meetings to which
Ms. Brewer referred to did not occur.
Council Member Muldoon believed the press was given and printed inaccurate information.
Tom Johnson, Stu News Newport, reported his column used direct quotes from Council Members.
Unknown speaker shared City Manager Kiffs efforts to assist the Nautical Museum and believed he
worked for the residents of the City.
Evelyn Hart requested Council Members provide the public with an explanation.
Unknown speaker believed City Manager Kiff served the community above and beyond expectations.
Max Johnson advised that Council Member actions discouraged his interest in public service and
stated that he has the utmost respect for City Manager Kiff.
Nancy Alston appreciated working with City Manager Kiff on airplane issues and expressed concern
with the current Council choosing the next City Manager.
Nancy Skinner praised City Manager Kiffs work with the City.
David Tanner reiterated the request for the City Council to provide an explanation.
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Ruth Kobayashi indicated the Corona del Mar High School administration will work with the
community to heal and encouraged Council to become engaged.
Karen Carlson believed City Manager Kiff represented integrity, stated the community's perception
was he was being forced to retire, and requested that those involved provide an explanation.
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member Peotter:
• Requested a future agenda to discuss a resolution in support of Attorney General Session's
lawsuit against the State (Senate Bill 54 — California Values Act)
Council Member Herdman:
• Announced he was not aware of any effort to oust the City Manager or to negotiate his exit
Council Member Muldoon:
• Announced he was not in any meeting regarding City Manager Kiffs retirement (City Manager
Kiff confirmed the statement)
• Requested an agenda item at the next meeting regarding support for the Federal lawsuit (Senate
Bill 54 — California Values Act)
Mayor Pro Tem O'Neill:
• Attended the closing of the Corona del Mar Library and Fire Station, the opening of The Cove
Apartments, the Mayor's Prayer Breakfast, the Newport Harbor High School Mentor Program
luncheon, the Newport Coast Elementary School STEAM Expo, and the Mayor's Egg Race
• Spoke to a troop of Boy Scouts
• Announced the Police Appreciation Breakfast is scheduled for March 29, 2018, the Crystal Cove
Art Show is planned for March 31, 2018, the Special Olympics torch ceremony is scheduled for
April 5, 2018, and the Newport Beach track and field championship will be held on April 6, 2018.
Mayor Duffield:
• Attended the Mayor's Egg Race with two of his grandchildren
XX. MOTION FOR RECONSIDERATION - None
NM. ADJOURNMENT - 10:20 p.m.
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
March 22, 2018, at 4:00 p.m.
1 1 . 1'�4
Mayor
Leilani I. Brown
City Clerk
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