HomeMy WebLinkAbout01 - MinutesMay 22, 2018
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Study Session and Regular Meeting
May 8, 2018
I. ROLL CALL - 3:00 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. CURRENT BUSINESS
SSl. Clarification of Items on the Consent Calendar
In response to Mayor Pro Tem O'Neill's question re
Agreement with Ed Building Maintenance Services
Delivery Services), City Manager Kiff explained add
year's budget checklist and described the types of iteil
SS2. Charter Boats Discussion - Guidance to
Mayor Duffield recused himself due, to a b
Item 3 (Approval and Award of
troom Portering and Paper Good
funding will be requested in this
are placed on the checklist.
conflict.
Harbor Resources Manager Miller introduced Harbor Commission Chair Bill Kenney who
reported that one of the Harbor Cominission's goals was to establish an ad hoc committee to
....................:..................
study the charter boat, industry.. He highlighted the suggested topics for the ad hoc committee
to study, such as charter boats , quantity- grey water discharge, passenger tax and other fees,
analysis of how other harbors handle their charter operations, marine activity permits, revenue,
and customer parking.
In response to Council questions Chairman Kenney discussed the Harbor Commission ad hoc
committee's method it would use to study the issues, emphasized the need for enforcement,
indicated it could also leer at hours of operation, amplified noise, amending the marine activities
permit, and the level of intensity of the charter boat. industry. He clarified that: the review would
only look at harbor boats that utilize captains.
Council Member Avery pointed out the City is wanting to get a better handle on the industry to
better serve the residents and guests, and become partners with the charter fleet.
Regarding a possible passenger tax, Mayor Pro Tem O'Neill referenced City Charter Section
1115 and discussed the use of a fee structure.
SS3. Stand Up Paddleboard (SUP) Safety
Mayor Duffield recused himself due to a business interest conflict.
Harbor Resources Manager Miller introduced Harbor Commission Chair Bill Kenney who
discussed previous actions of the Harbor Commission and its ad hoc committee, and reported
the focus was on SUP rental companies. He highlighted the recommendations for the City to
increase code enforcement relative to marine activities permits, revise the SUP safety brochure,
require rented SUP and manually powered vessels to be fitted with leashes, amend the marine
activities permit, improve educational procedures at rental facilities and implement conditions
for procuring a marine activities permit.
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City of Newport Beach
Study Session and Regular Meeting
May 8, 2018
In response to Council questions, Chairman Kenney reviewed the rule for vessels to have
personal floatation and sounding devices, emphasized the need for proper safety education and
expanding the safety language in the rental agreement. City Attorney Harp indicated, if directed
by Council, these changes could be incorporated into a Newport Beach Municipal Code (NBMC)
Title 17 amendment.
Council Member Muldoon expressed support for the educational component, but expressed
concern with requiring SUP rental companies to install leashes and discussed scenarios where
requiring users to wear a leash could cause problems.
Mayor Pro Tem O'Neill referenced the work of the National Boating Safety Advisory Council
(NBSAC) and a new coast guard resolution, discussed recent safety trends, expressed concern
with increasing safety requirements until it has been determined by staff there is a need,
supported the education component., and requested to see the safety education brochure.
Kelly Carlson, Balboa Water Sports owner, believed all
she supported having increased safety in the harbi
requested that more enforcement occur on the publi
businesses should have access to their own docks.
Council Members Herdman, Muldoon, and A
for refining the educational brochure, and
Harbor Commission, but wait, in part, for ar
Council Members Peotter and Dixon E
Commission's ideas into NBMC Title I
need a leash. Regarding Item SS2,
0ecially during the summer, and
s in the harbor, believing rental
or Pro Tem O'Neill expressed support
idance and recommendations to the
tions from the coast guard.
for incorporating some of the Harbor
SS4. FY 2018-19 Budget Highlights and Areas of Focus — Part 1 of 2
Council Member Muldoon announced that, out of an abundance of caution, he would
be recusing himself from street light or wireless communication discussions due to
business interest conflicts.
Finance Director Matusiewcz reviewed key budget dates, demonstrated the open budget portal,
and reported on general fund revenue sources and uses, proposed surplus uses, and revenue
changes over the years. Regarding surplus projections, he explained that, if the actual suplus
turns out to be lower, the City could suspend paying the additional unfunded pension liability
payments.
Regarding Capital Improvement. Projects (CIP), Public Works Director Webb discussed post -top
street light upgrades, the proposed Spyglass Hill area lighting project, the Newport Island Park
rehabilitation project, the Lower Sunset View Park overcrossing/parking project, and the
Central Library lecture hall project.
Mayor Pro Tern O'Neill believed improved lighting in the Spyglass Hill area would also improve
safety and deter crime. Without objection, Council expressed support for staff to work with the
homeowners association on this project..
In response to Council questions, Public Works Director Webb explained the potential funding
to be used for the Newport Island Park rehabilitation project and the Lower Sunset View Park
project, detailed the preliminary ideas and location for the overcrossings/parking area, and
discussed traffic flow impacts and pedestrian signal timing at the Pacific Coast. Highway
intersection, crosswalk removal if the bridge was installed, the use, of surface parking rather
than a parking structure, height of the bridges to not impede ocean views, parking uses, and
access back onto Coast Highway.
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Council Member Dixon noted that the West Newport Beach Association (WNBA) supports
adding parking and installing the pedestrian bridges.
Jill Johnson -Tucker, Chair of the Board of Library Trustees, highlighted the background for the
lecture hall proposal, its need, reported on the informal feasil:,ility study and the proposed
contracts and cost., and discussed the desire to use public/private funding.
Dorothy Larson, Chair of the Newport Beach Public Library Foundation, stated the Foundation
board supports the proposal and discussed Perkins and Will's involvement..
Jim Miller, President of the Newport. Island Homeowners Association, complimented staff and
believed the Peninsula wants the Lower Sunset. Ridge Park pedestrian bridge installed to
maximize park use.
Jim Mosher discussed the purpose of study sessions, questioned what will occur at the next
budget discussion regarding the CIP, and asked for clarification regarding the funding for the
General Plan Update.
In response to Council questions, City Manager
commitments for the lecture hall at this time. C.
came up with the initial estimate for the initial
$4 million to $5 million, and suggested separating
to complete the second contract. She indicated f:
raising funds, but are awaiting a conceptual plan.
provide the initial funding and probably', request Lj
relative to the size of the lecture hall, the import
the parking impacts. Council received confirmatioj
for formal action.
indicated Council has made no funding
Johnson -Tucker noted Perkins and Will
ase, but the project could cost: a total of
cost into two contracts with no obligation
the Library Foundation may assist with
yManager Kiff added that the City would
ry Foundation support. Discussion ensued
e of parking, and timing events to lessen
at the item will be brought back to Council
Council Member Avery expressed support if it is financially feasible and if the funding includes
public funds along with ail outpouring of support from residents.
Council Member Dixon expressed support for including the lecture hall into the CIP, but,
emphasized the need for public/private funding and the desire that the cost be divided equally
between the City and the t)ublic.
Assistant: City Manager Jacobs described the current organizational structures for the Public
Works Department and Municipal Operations Department. (MOD), history and functions, the
proposal to move the "General Services side of MOD into Public Works, and what the new Public
Works and Utilities structures would become.
In response to Council questions, City Manager Kiff and Assistant City Manager Jacobs
indicated that traditional models for cities place General Services into Public Works in order to
handle operations and engineering, discussed enterprise funds and general service functions,
noted the change would only create minor savings, explained who are acting in retired MOD
directors, Mike Pisani and George Murdoch's roles, confirmed that the changes would need to
be done by ordinance, and the positions would be hired through the recruitment process.
Assistant. City Manager Jacobs reviewed Harbor Operations since July 1, 2017, the budget for
Harbor Operations and Harbor Resources, and the proposal to create a Harbor Department that
would answer directly to the City Manager. She discussed the positions, including the addition
of five full-time employees and the hours and salaries.
In response to Council questions, City Manager Kiff and Assistant City Manager Jacobs
indicated the Balboa Yacht. Basin (BYB) would remain as is for now, explained the duties of the
administrative assistant and lead code enforcement officer positions, noted that staffing can be
let go if not needed, but believed the proposed structure is the minimum amount of staffing
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City of Newport Beach
Study Session and Regular Meeting
May 8, 2018
needed, and explained the budget and contracts from the previous year, the desire the maximize
the existing mooring rentals, and how enforcement is handled today using Harbor Patrol and
other departments.
Council Member Avery indicated the City has never managed the harbor in its totality, believed
the change is needed to maintain and improve the harbor, and agreed with having two code
enforcement officers and moving Harbor Resources. He added that protecting the overall
environment of the harbor is a win for the City. He believed few emergencies require law
enforcement response, but expressed the opinion that the City should not be in the business of
towing boats.
Council Member Dixon indicated she would have preferred to have these functions moved to an
existing department and would have liked to see a three year business model, including the total
cost to the City and potential revenue sources.
Discussion ensued relative to the economic benefits of the harbor, the Public Works
Department's role in harbor maintenance, and the small amount of funding the new department
equates to relative to the overall general fund.
Mayor Duffield thanked staff and believed har
the water.
Harbor Commission Chair Kenney believed ccd
since noise complaints can also occur after 10:00
Jim Mosher noted the idea of the reo
proposed budget, asked how the Chan
suggested having managers under the
information technology.
to see the current staff on
occur 24/7 in the harbor
were not mentioned in the agenda or the
a budget, questioned the staffing changes,
directors, and discussed the importance of
SSS. City Manager Recruitment, Community Comment Opportunity - Values, Experience,
and Other Qualifications Desired
Jim Mosher indicated he would like to hear what Council is looking for in the next City Manager
since the vision fox the City should come from Council. He listed the qualities he would like in
the next, City Manager, emphasizing and explaining unquestioned integrity and being candidly
honest.
City Clerk Brown noted that the community is invited to complete the online survey by
May 18, 2018, at. newportbeachca.gov/communitysurvey.
III. PUBLIC COMMENTS
Jim Mosher clarified what, he meant by believing decisions are being made at study sessions and
expressed his understanding of what could occur under Closed Session Item IV. E.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items as listed in the Closed Session agenda.
IV. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) and (e)(1)): 1 matter
Council Member Herdman was absent during Item IV.A.
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Study Session and Regular Meeting
May 8, 2018
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 3 matters
1. Kristen Fox v. City of Newport. Beach:
Workers' Compensation Appeals Board Case No. ADJ10337918
2. Kristen Fox v. City of Newport. Beach
Workers' Compensation Appeals Board Case No. ADJ10337923
3. Martha Peyton v. City of Neuport. Beach and Aaron Harp; (Scott Peotter a.rid Marslia.11 Drcffi.eld,
Real Pdrites i.n. Interest)
Orange County Superior Court Case No. 30-2018-00985887-CU-WM-CJC
Council Member Herdman recused himself from Item IV.B.3 out of an abundance of
caution, Council Member Peotter recused himself from Item IV.B.3 based on potential
financial effect; and Mayor Duffield recused himself front Item IV.B.3 based on potential
financial effect..
C. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Dave
Manager, Barbara Salvini, Human Resources,_
Negotiators.
Employee Organizations: Newport
Beach City Employees Association...
Newport Beach Fire Management A0
Newport Beach Police Management'
Technical Employee Association (NBP
lager, Carol Jacobs, Assistant. City
P. Walter and Peter Brown: Labor
zard Management Association (NBLMA); Newport
lewport Beach Firefighters Association (NBFA);
XMA); Newport Beach Police Association (NBPA);
(NBPMA); and Newport. Beach Professional and
D. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 64956.9(d)(2) and (e)(3)): 1 matter
Existing Facts & Circumstances: On April 10, 2018, Lauri Preedge served the City of Newport
Beach with a letter alleging the City Council violated the Ralph M. Brown Act. A copy of
Ms. Preedge's letter is available upon request to the City Clerk's Office.
Council. Member Herdman was absent during Item IV.D.
E. PUBLIC EMPLOYEE APPOINTMENT
(Government Code Section 54957(b)(1)): 1 matter
Title: City Manager
V. RECESSED - 5:56 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. 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
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City of Newport Beach
Study Session and Regular Meeting
May 8, 2018
VIII. CLOSED SESSION REPORT
Due to City Attorney Harp's conflict, of interest due to personal financial effect., City Clerk Brown
provided a report. relative to the settlement with former employee, Leonie Mulvihill.
IX. INVOCATION - Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene
X. PLEDGE OF ALLEGIANCE - Council Member Dixon
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member Avery:
•
Attended the Mariners Fire Station No. 6 reopening and expressed the importance of fire stations
during emergencies
Council Member Peotter:
• Requested a future agenda item to discuss a
Council Member Dixon:
• Announced the City won two Association of Califor
Hub Awards, applications for boards and commissii
(SUN) will be discussing trash in the harbor on May
May 10, 2018
• Discussed the Washington DC advocacy trip that fi
Members Herdman and Muldoon took
• Attended several yacht club season openings
Council Member Herdman:
• Discussed the Washington
with the City's airport coni
• Congratulated Municipal
Chief Rob Williams on t.hei
•
Attended the X
• Announced the
Charter amendment
s Orange County (ACC -OC) Golden
due May 9, 2018, Speak Up Newport
. and Finance Committee will meet on
airport issues that she and Council
airport issues and participated in a conference call
Director Mike Pisani and Lifeguard Operations Assistant
. Forum and several yacht club opening day events
Island Fire Station to discuss Marine Avenue refurbishment
Council Member Muldoon:
• Discussed the Washington DC trip to discuss airport issues
• Displayed photos and discussed the vegetation fire in Eastbluff, near his house, and thanked all the
first responders
• Attended the Arbor Day Event at Eastbluff Elementary School on May 2, 2018
Mayor Pro Tem O'Neill:
• Started the OC Marathon on May 6, 2018
• Announced Bunnies and Books at the Central Library and the document shredding event at the Big
Canyon Reservoir on May 12, 2018
Mayor Duffield:
• Discussed the new Harbor Guide
• Attended the Mariners Fire Station ribbon cutting
• Displayed photos of the Coast. Highway bay bridge repair conducted by Caltrans
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher explained the history of titles on past study session agendas and took issue with the title
for Consent Calendar Item 5 (CAD/RMS Server Replacement,).
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City of Newport Beach
Study Session and Regular Meeting
May 8, 2018
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 25, 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.
CONTRACTS AND AGREEMENTS
3. Approval and Award of Agreement with Ed Building Maintenance Services for Restroom
Portering and Paper Good Delivery Services (C-8551-1) [38/100-20181
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„C. QA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and;
b) Approve the agreement. with Ed Building Maintenance Services for restroom portering and
paper good delivery services for a three-year term with a total not -to -exceed amount of $600,000,
and authorize the Mayor and City Clerk to execute the agreement.
...................
Big Canyon Nature Park Restoration Monitoring and Resource Management Services
(15X12) (C-8111-2) [38/100-20181
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 a 5 -year Professional Services Agreement. with IRC of Irvine, California, for the Big
Canyon Nature Park Restoration Monitoring and Resource Management Services at a not -to -
exceed fee of $137,358.00, and authorize the Mayor and City Clerk to execute the Agreement.
5. CAD/RMS Server Replacement (C-5505) [38/100-20181
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 Seven to the Software Licenses and Services Agreement. with
Superion, LLC of Lake Mary, Florida, for a total cost, of $125,116.00, and authorize the Mayor
and City Clerk to execute the Amendment..
Council Member Muldoon recused himself on Item 5 due to business interest. conflicts.
MISCELLANEOUS
6. Pulled from the Consent Calendar.
7. Proposed Harbor Speed Limit Exceptions [00-20181
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) Authorize staff to forward the City's proposed exceptions to the harbor speed limit. within City
tidelands to the State of California for review and comments. Staff will return later for formal
adoption.
Mayor Duffield recused himself on Item 7due to business interest conflicts.
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City of Newport Beach
Study Session and Regular Meeting
May 8, 2018
F;k
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the
Consent. Calendar, except for the item removed (Item 6); and noting the recusal by Council Member
Muldoon on Item 5 and the recusal by Mayor Duffield on Item 7.
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
ITEM REMOVED FROM THE CONSENT CALENDAR
6. A Request to Modify the Categorical Exclusion Order to Exclude Some Residential
Dwellings from Coastal Development Permit Requirements [100-20181
Community Development. Director Jurjis and Planning Manager Alford utilized a PowerPoint
presentation to discuss the Coastal Zone and Coastal Development Permits (CDP), highlight
requirements for categorical exclusions, discussed Floor. Area Limits (FAL) and the Coastal
Commission's ability to exclude projects from needing a CDP, displayed West Newport and harbor
area maps, requested Council approval for staff to approach the Coastal Commission to amend the
categorical exclusion order from 1.5 FAL to 2.0 FAL, and explained the benefits of the amendment.
Jim Mosher noted the Planning Commission did not review this, discussed Coastal Commission
waivers, and expressed concern with building over -sized houses on small lots and amending the
provision.
action exempt from the Californ
(Class I — Existing Facilities) E
15303 (Class 3 — New Construct]
— Infill Development Projects)
significant effect on the envirc
Commission a modification to ,Ce
unit and two -unit dwelling unit
permit requirements of, the C.61if
The motion carried
L, see ded by Council Member Peotter, to a) find the
✓ironinental Quality Act (CEQA) pursuant. to Section 15301
15302 Glass 2 — Replac:ement. or Reconstruction), Section
Conversion of Small Structures) and Section 15332 (Class 32
CE.QA Guidelines, because it has no potential to have a
F: and b) direct staff to submit to the California Coastal
.cal Exclusion Order CE-5-NPB-16-1 that will exclude single -
i floor area limits of 2.0 times the buildable area from the
Coastal Act.
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
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Nancy Skinner referenced the community survey relative to the next. City Manager and requested that
the character limit for comments be increased.
Nicole Zarate, Responsible Beverage Service (RBS), highlighted what the non-profit organization does
and recognized The Alley and Class of'47 for its continued support.
Ruth Kobayashi acknowledged CR&R's compost giveaway program and expressed the importance of the
City's Study Break program.
Susan Skinner criticized and took issue with actions taken by some of the Council Members regarding
City Manager Kiff, discussed his contract as it relates to appointing an interim City Manager, requested
information if an interim City Manager will be appointed, relayed her understanding of Closed Session
Item IV.E, and discussed the cost to the City if City Manager Kiff leaves before his contract. expires.
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Study Session and Regular Meeting
May 8, 2018
Lynn Swain took issue with some of the Council Members taking actions against City Manager Kiff and
Council Member Herdman, discussed why she believed tax dollars have been wasted, and relayed
qualities she feels the next City Manager should possess.
Laeece, Enzo, and Coco Johnson discussed the closure of the San Onofre Nuclear Generating Station
(SONGS), requested the City's help to ensure children's safety and not. allow Southern California Edison
(SCE) and Holtec International to abandon SONGS' waste on the beaches of Southern California, and
discussed the future effects of doing this.
Torgen Johnson highlighted events from a conference that addressed SONGS' nuclear waste handling
and requested the City agendize this issue for a future meeting in which he offered to provide the topic
experts.
Jane Wagner took issue with actions taken about. City Manager Kiff by some of the Council Members.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Muldoon responded to Susan Skinner's comments relative to his unborn child.
XIX. PUBLIC HEARINGS
8. Community Development Block Grant — 2018-2019Action'Plan [100-20181
...................
Without. objection, Item 8 was continued to the June 12, '2018 City Council meeting.
9. An Ordinance to Allow On-site Consumption Use in Facilities that Manufacture Alcoholic
Beverages (PA2017-181) [100-20181
Community Development Director Ju]Jis and Associate Planner Crager utilized a PowerPoint
presentation to provide the background, display maps and photos of the area, and discuss alcohol
beverage manufacturing and tastipg rooms; and code standards for tasting rooms.
In response to Council: questions, Associate Planner Crager discussed on -street parking issues and
the potential for live entertainment in the tasting rooms.
Council Member Peotter believed the review could be conducted by the Zoning Administrator, and
the facility would need: more parking and a Conditional Use Permit (CUP) if it had entertainment..
Council Member Dixon pointed out that there are three schools near the Orange Coast, Winery,
believed live entertainment should not be permitted, and suggested looking at this as a whole during
the General Plan Update process, especially since there are no pending applications.
Council Member Avery indicated surrounding tenants expressed concerns with odors emanating
during the brewing process, believed more public input is needed, agreed this should be looked at
more globally, and indicated the area may become residentially zoned in the future.
Mayor Pro Tem O'Neill expressed his objection with the weekday operating hours since there are
schools in close proximity to the facility.
Council Member Herdman believed the use is inappropriate and expressed his objection to the
proposal.
Council Member Muldoon indicated he would only support the proposal if the tasting rooms operated
strictly on the weekends.
Mayor Duffield reiterated the parking issues and indicated it would be more appropriate if the area
was completely zoned for manufacturing.
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City of Newport Beach
Study Session and Regular Meeting
May 8, 2018
Mayor Duffield opened the public hearing.
Bill Dunlap, Planning Commissioner, discussed the issues the Commission covered at its meeting,
knowing there were schools in the area, indicated they also discussed limiting the hours since the
tasting rooms would probably operate after work hours, agreed this should be reviewed during the
General Plan process if it will be rezoned for residential use, and discussed the reasons for a CUP.
Stephanie Elliot indicated there is also no parking in the area at night, believed this would turn the
business into a bar/restaurant and not a manufacturing facility, discussed advertising using pop-up
parties, and took issue with the impacts to the neighborhoods.
Gordon Wanlass expressed hope that the area would not be rezoned for only residential use and that
it remain diverse.
Kyle, business owner, presented Council with a petition containing 361 signatures that support the
proposed ordinance.
Hearing no further testimony, Mayor Duffield c
forward with the introduction of Ordinance No.
of'Newport Beach, California, Adopting Zon.irxg
Use Regulations Relatixrg to Alcoholic Beverage 1
the Industrial Zoning District (PA2017-181),,bu
the General Plan.
The motion carried by the following roll
Ayes: Council Member
Member Peotter,
10. Government Code Sectio
Lauri Preedee Served on
City Attorney Harp
Council approve an
ublic hearing.
ncil Member Herdman, to not. move
)rdinaitce of the City Council of the City
Intent N6. CA2017-004 to Amend Land.
Ig and Accessory Tasting Rooms with.i.ft
issue in concurrence with the review of
mber Muldoon, Council Member Dixon, Council
Mayor Pro Tem O'Neill, Mayor Duffield
9602(c)(1) Response to Ralph M. Brown Act Allegation by
City of Newport Beach April 10, 2018 [100-20181
staff report, indicating that he and City Manager Kiff recommend
al commitment. letter.
Jim Mosher discussed the amended attachment, referenced the written comments he submitted,
and took issue with the date of the letter.
Mayor Pro Tem O'Neill noted the reasons why Council should support the recommendation.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Muldoon, 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) authorize the Mayor to sign a letter
pursuant to California Government Code Section 54960.2(c)(1), which admits no fault but avoids
unnecessary and costly litigation from Ms. Preedge.
The motion carried by the following roll call vote:
Ayes: Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member
Avery, Mayor Pro Tem O'Neill, Mayor Duffield
Noes: Council Member Herdman
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City of Newport Beach
Study Session and Regular Meeting
May 8, 2018
11. Attorney -Client Privilege — Waiver [100-20181
City Attorney Harp reported that itwas discovered that two emails between the City Attorney and
a Council Member were disclosed to a third party, discussed attorney-client privilege as it relates to
the City Council, and indicated that the recommendation is to waive the attorney-client. privilege
for the two emails since the information has already been disclosed and it is unknown how widely
distributed the emails have been. He noted the public cannot know the substance of the emails until
Council waives the privilege of the emails.
Jim Mosher provided a guess as to the content of the emails, related it to Closed Session Item IV.E,
believes the City Attorney should inform the public how he interprets laws, and referenced his
written comment: on the item.
Joy Brenner expressed the opinion that it is refreshing to have someone from Council be upfront
with the public and believes Council has the responsibility to share Closed Session discussions,
other than personnel issues and confidential specifics.
Motion by Mayor Pro Tem O'Neill, seconded by Council, Member Muldoon, 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 the attorney-client privilege related
to two E-mails between the City Attorney and an individual Council Member, which have been
shared with a third party.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Ave-ryt
Mavor Pro Tem O'Neill, Mayor Duffield
Council Member Herdman indicated he mane A mistake, apologized, and assured Council this will
not happen again and will be more cautious.
Mayor Pro Tem O'Neill e
privilege cannot be shared c
emails, and took issue with
NMI. ADJOURNMENT - 8:32
the rarity of this type of vote, pointed out at.t.orney-client
or private devices, highlighted the lawsuit and content, of the
of attorney-client privilege.
- None
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
May 3, 2018, at 4:00 p.m.
Leilani I. Brown
City Clerk
Duffy Duffield
Mayor
Volume 63 - Page 510