HomeMy WebLinkAbout01 - MinutesAugust 14, 2018
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Special Meeting
July 23, 2018
I. CONVENED IN OPEN SESSION - 8:00 a.m.
II. ROLL CALL
Present: Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin
Muldoon (arrived at 8:35 a.m.), Council Member Scott Peott.er,Mayor, Pro Tem Will O'Neill,
Mayor Duffy Duffield
Absent: Council Member Brad Avery (excused)
III. PUBLIC COMMENTS
Jim Mosher discussed the importance, of selecting the new city manager, the current city manager
job description, suggestions for changes to the job description, how labor negotiations cannot occur
during a special meeting, and believed it is the city manager's duty, notthe city attorney's, to ensure
that laws are followed.
Laura Curran expressed concerns and took issue with the proposed`' amendments to Police Chief
Lewis' agreement (It.em 14 of the July 24, '2018 agenda). Regarding today's meeting, she believed the
agenda should have contained more information.
IV. CONSENT CALENDAR
1. Designation of City's Representative Under California Government Code Section
54957.6
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City Attorney Harp noted the item is for the purpose of negotiating the contract for the city
manager position, not to handle all labor negotiations.
Jim Mosher questioned if Mayor Duffield is the best Council Member to conduct the negotiations.
Following discussion, City Attorney Harp noted that Item IVB would not be considered today.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to designate
Mayor Marshall "Duffy" Duffield as the City's representative pursuant to California Government
Code Section 54957.6(a).
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Dixon, Council Member Peotter, Mavor
Pro Tem O'Neill, Mayor Duffield
Absent.: Council Member Avery, Council Member Muldoon
City Attorney Harp reported the City Council would adjourn to Closed Session to discuss
Item V.A., but not Item V.B.
V. CLOSED SESSION - 8:16 a.m.
A. PUBLIC EMPLOYEE APPOINTMENT
(Government Code § 54957(b)(1)): 1 matter
Title: City Manager
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City of Newport Beach
Special Meeting
July 23, 2018
B. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code § 54957.6(a)): 1 matter
Agency Designated Representative: Marshall "Duffy" Duffield, Mayor
Unrepresented Employee: City Manager
VI. CLOSED SESSION REPORT - 5:50 p.m.
With Council Member Avery absent, City Clerk Brown announced no reportable actions were taken.
VII. ADJOURNMENT - 5:51 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
Volume 63 - Page 567
CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
July 24, 2018
I. ROLL CALL - 4:00 p.m.
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff
Herdman, Council Member Kevin Muldoon (arrived at 4:05 p.m.), Council Member Scott
Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Update on Crime Statistics (January 2018 to June 2018)
Police Chief Lewis and IT Analyst Staub utilized a
FBI Uniform Crime Report snapshot., discuss t]
partnership with alcohol -serving establishments,.t
non -emergency information, the slight increase in
and types of vehicles most: recently stolen, the decz
arrests, and provided information about traffic inci
locations. He also reported on communication I
vacation checks and home security prevention assi
PowerPointpresentation to highlight the
ie decrease of aggravated assaults, the
he decrease in burglaries, police dispatch
auto thefts and where vehicles are found
ease in Part I Crimes and the increase in
dents, DUI arrests, and frequent collision
etween police and local establishments,
atance, traffic incidents, and traffic data.
In response to Council questions, Chief Lewis confirmed that the City did not receive any
grants from the Alcoholic Beverage Control Board' (ABC) this year, but: will continue to apply
in the future. He also discussed issues rolated to people ,jumping off local bridges, noted the
dip in crime statistics in 014 was nationwide, and confirmed the City's crime report numbers
are strong compared to neighboring cities:
Mayor Pro Tem O'Neill remarked that the crime statistic numbers are outstanding and
praised Chief Lewis and his staff for their hard work.
Jim Mosher asked if crime statistic comparisons were available regarding resident vs. non-
resident arrests.'
Mayor Duffield expressed his appreciation to the Police Department for a job well done.
Council Member Dixon echoed Mayor Duffield's appreciation to the Police Department,
recognized District 1 places a lot of demands on the police, and thanked Chief Lewis for
allowing her to participate in a ride -along on July 41.h.
SS3. Newport Beach & Company/Visit Newport Beach Annual Report/Presentation
Mayor Duffield recused himself on Item SS3 due to business dealings with Visit
Newport Beach.
Debbie Snavely, General Manager of Newport Beach Marriott Hotel & Spa, Chairperson of
Newport Beach and Company and member of Newport. Beach Tourism Business
Improvement District Board of Directors (TBID), introduced Gary Sherwin and other
members of the Newport Beach & Co. Executive Committee that were present, thanked
Council and the City for their support in this public/private endeavor and indicated room
bookings and Transient Occupancy Tax (TOT) collection has increased.
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City of Newport Beach
Study Session and Regular Meeting
July 24, 2018
Gary Sherwin, Newport. Beach & Company, utilized a PowerPoint presentation to highlight
international efforts and the relationship with Variety, announce Varlety's 10Actors to Watch.
will be held November 10, 2018 at Pelican Hills, discuss their brand promise, marketing
efforts and performance numbers, tourism in California, Newport Beach hotel occupancy,
Visit. Newport Beach (VNB) group sales production, room -night production statistics, TBID
performance, NBTV programming, and the impacts of tourism to the City's economic vitality.
Council Member Dixon commented that the City nets approximately $23.7 million in top -line
revenue from tourism.
In response to Council questions, Mr. Sherwin indicated the majority of the visitors to
Newport Beach either drive in or arrive at LAX rather than fly into John Wayne Airport
(JWA), believed the City has some of the best, hotel projects in history, discussed the future
of the City's hotel industry and international visitors over the next 10 years, the current JWA
campaign, and the VNB annual business plan. He confirmed that the goal is to maximize
visitor use of community assets without jeopardizing the quality of life for residents, and
clarified budget items and major sources of revenue for VNB and the City.
Jim Mosher questioned if VNB is the best
governance of the organization, and requester
City. He asked if the selected City represent!
shared any information with Council and com
Lido House Hotel. He expressed concern with C
incorrect.
►nization for marketing the City, the
rmation:.on how much visitors cost the
on the VNB Executive Committee had
ed on the TBID plan not including the
it approving a budget and plan that. was
Tim Stoaks thanked Gary Sherwin and Newport Beach & Company for working with Friends
of Newport Beach Animal Shelter (FONBAS) to make Newport. Beach a friendly place for
animals to live and visit. He stated that JWA is an international airport with flights to
Canada and questioned how much airport growth is expected by visitors. He cautioned
Council to be conscientials when working with the visitor's bureau to increase tourism.
Gary Sherwin explained the governing process of VNB and Newport Beach & Company and
clarified that the two groups are made up of the same members, but each organization has
separate responsibilities,hna.nces and bylaws.
Anita Brown expressed concern with the Orange County Board of Supervisors' decision to
expand JWA and felt that the tourism industry is encouraging international travel and not
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helping the residents' cause to stop the expansion of the airport. She requested Council focus
on the airport expaii issues before increasing visitors.
III. PUBLIC COMMENTS
Jim Mosher took issue with Closed Session Items IV.B. and C. and requested Council provide an
update on the status of hiring a new City Manager.
Council Member Muldoon requested Council discuss and provide an update to the public on the City
Manager recruitment and City Attorney Harp agreed he would give a report after Closed Session.
City Attorney Harp reported the City Council would adjourn to Closed Session to discuss
the remaining items as listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
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City of Newport Beach
Study Session and Regular Meeting
July 24, 2018
V
Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City
Manager, Barbara Salvini, Human Resources Director, 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); Newport Beach
Professional and Technical Employees Association (NBPTEA); Newport Beach Employees
League (NBEL); Part Time Employees Association of Newport: Beach (PTEANB); and Association
of Newport Beach Ocean Lifeguards (ANBOL).
B. PUBLIC EMPLOYEE APPOINTMENT
(Government Code § 54957(b)(1)): 1 matter
Title: City Manager. The City Council will consider all matters authorized by Government Code
Section 54957 (b)(1) related to the appointment of a new City Manager; however, the City Council
will not, be appointing a new City Manager atthis meeting.
C. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code § 54957.6(a)): 1 matter
Agency Designated Representative: Marsh
Unrepresented Employee: City Man
D. CONFERENCE WITH LEGAL COUN
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1
Pa.tri.ck. Murphy MCCatin, et 6.1. u. City of Newport Beach., et ad.
Orange County Superior Court, Central Justice Center
Case No. 30-2017-009257132-CII-PO-CJC
E. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code '§ 54956.9(d)(4)): 1 matter
Mayor
Mayor Duffield recused himself due to business interest and source of income conflicts.
F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 2 matters
Title: Leilani I. Brown, City Clerk
Title: Aaron C. Harp, City Attorney
G. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code § 54957.6(a)): 2 matters
Agency Designated Representative: Marshall "Duffy" Duffield, Mayor
Unrepresented Employees: Leilani I. Brown, City Clerk and Aaron C. Harp, City Attorney
City Clerk Brown and City Attorney Harr recused themselves due to potential impact on
their personal finances.
RECESSED - 5:25 p.m.
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City of Newport Beach
Study Session and Regular Meeting
July 24, 2018
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
VIII. CLOSED SESSION REPORT
Regarding the City Manager recruitment, City Attorney Harp announced the City received
72 applications, interviewed seven applicants on July 23, 2018, and will conduct second interviews
with three candidates on August. 13, 2018.
IX. INVOCATION - Council Member Herdman
X. PLEDGE OF ALLEGIANCE - Council Member Avery
Council Member Herdman:
• Announced the arrival of the 2018AWA newsletter, indicated 4,500 copies were mailed, and
agreed that this is the next, step in educating the community
Council Member Muldoon:
• Announced the 'Cit y has retained a technical company to determine the best recommendations
and requests to male of the airlines that are the safest and least impactful on flight procedures,
and commended City Manager Kiff and Deputy City Manager Finnigan for all of their efforts on
the airport project
• Wished his wife, Heather, a happy birthday
Mayor Pro Tem O'Neill:
• Attended the Boys & Girls Club Ribbon Cutting Celebration for the new corporate headquarters,
the City hosted Association of California Cities — Orange County (ACC -OC) meeting on the Civic
Center Green, and the Tip -A -Cop fundraiser benefiting the Special Olympics
• Announced the upcoming Miracle of Mobility event. on July 26, 2018, the August. 2, 2018 Newport
Beach Junior Lifeguard Monster Mile, the August 7, 2018 National Night Out, Newport Beach
Day on August. 10, 2018 at the Orange County Fair and the August 12, 2018 Concert on Green
Mayor Duffield:
• Commended staff on the JWA 2018 Newsletter
• Attended the June 23, 2018 Tip -A -Cop event.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher commended Council Member Peotter for not spending any of the funds this past year or
previous years (Item 10 - Fiscal Year 2017-2018 Report. on City Council Discretionary Grants), and
questioned why the Lido House Hotel was not listed in the budget and report included in Item 12
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City of Newport Beach
Study Session and Regular Meeting
July 24, 2018
XIV.
(Newport. Beach & Company's Biennial Destination Business Plan, the Visit Newport: Beach Fiscal
Year 2018-2019 and Fiscal Year 2019-2020 Budgets, and the Newport Beach Tourism Business
Improvement District Fiscal Year 2018-2019 Annual Report. and Budget.).
CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 10, 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
Arterial Highway Pavement Repair Program
No. 7185-1 (181103) [381100-20181
a) Accept the completed work and authorize the City,
project.. On November 28, 2017, City Council four
Environmental Quality Act (CEQA) pursuant to
existing public facilities involving negligible or no'
b) Authorize the City Clerk to release the Labor and I
Completion has been recorded in accordance with
c) Release Faithful Performance Bond one (1) year of
of Completion Contract
srk to file a Notice of Completion for the
this action exempt from the California
tions 15301 Class 1 (c) (maintenance of
passion of use);
aerials Bond 65 days after the Notice of
0 cable portions of the Civil Code; and
r acceptance by the City Council.
Mayor Duffield recused himself on Item 3 Arte to real property interest conflicts.
4. Balboa Peninsula Pedestrian Grossing Improvement Project - Notice of Completion
for Contract No. 7288-1 (18T03) 1381100-20181
.............................................
............................................
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a) Accept the completed work and`author°ize the City Clerk to file a Notice of Completion for the
project.. On March 27, 2018, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Class 1 Section 15301(c);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has peen recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
Council Member Avery and City Clerk Brown recused themselves on Item 4 due to real
property interest conflicts.
5. Balboa Island Sea Wall Coping Project -Notice of Completion for Contract No. 7066-1
(151111) [381100-20181
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On September 26, 2017, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant. to Section 15301 under Class 1 (Existing
Facilities) of the CEQA Guidelines, because it: has no potential to have a significant effect on
the environment;
b) Authorize City Clerk to release the Labor and Materials Bond 65 clays after Notice of
Completion is recorded in accordance with applicable portions of the Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
Council Member Herdman recused himself on Item 5 due to real property interest
conflicts.
6. Newport Heights Alley Replacement - Notice of Completion for Contract No. 7028-3
(151118) [381100-20181
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City of Newport Beach
Study Session and Regular Meeting
July 24, 2018
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.. On June 13, 2017, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c) (maintenance of
existing public facilities involving negligible or no expansion of use);
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 Faithful Performance Bond one (1) year after acceptance by the City Council.
7. Marguerite Avenue and Hospital Road Pavement Rehabilitation — Award of Contract
No. 7188-1 (18R24) [38/100-2018]
a) Find this project exempt from the California Environmental Quality Act, (CEQA) pursuant
to Class 2 Section 15302 (c) (reconstruction of existing public facilities involving negligible or
no expansion of capacity) 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. 7188-1 to Excel Paving Company for the bid amount of $887,788.00 for
the Marguerite Avenue and Hospital Road Pavement Rehabilitation project, and authorize
the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $90,000.00 (approximately 10%. of total bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 19BA003 appropriating $120,000.00 from the
unappropriated Gas Tax fund balance to Account No. 1.2101-980000-181124 for the
Marguerite Avenue and Hospital Road Pavement Rehabilitation project.
Tentative Agreement with Newpor
(C-2946) [381100-2018]
a) Determine that the action is exempt
pursuant. to §§15060(c)(2) and 1506(
in a physical change to the environn
b) Receive and consider the Tentative
Newport Beach Fire Management A
MIS
9. Planning Com
Receive and file.
Fire Management Association (NBFMA)
Aifornia Environmental Quality Act. (CEQA)
CEQA Guidelines because it will not result
y or indirectly; and
between the City of Newport Beach and the
tion.
July 19, 2018 [100-2018]
10. Fiscal Year 2017-2018 Report on City Council Discretionary Grants [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) Receive and file.
11. Appointment to the Finance Committee [241100-2018]
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) Confirm Council Member Kevin Muldoon's appointment of Patricia Eckert to serve on the
Finance Committee for a term ending June 30, 2019.
12. Newport Beach & Company's Biennial Destination Business Plan, the Visit Newport
Beach Fiscal Year 2018-2019 and Fiscal Year 2019-2020 Budgets and the Newport
Beach Tourism Business Improvement District Fiscal Year 2018-2019 Annual Report
and Budget [381100-20181
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;
Volume 63 - Page 573
City of Newport Beach
Study Session and Regular Meeting
July 24, 2018
gut
"T
XVII.
b) Authorize a waiver of the timeline provided in Section 3.5 of the Tourism Business
Improvement District. Management. Agreement (C-4436);
c) Receive and file VNB's Biennial Destination Business Plan;
d) Review, approve and/or modify VNB's Fiscal Year 2018-2019 and Fiscal Year 2019-2020
budget;
e) Review, approve and/or modify the NBTBID's Fiscal Year 2018-2019 Annual Report.. and
0 Review, approve and/or modify the NBTBID's Fiscal Year 2018-2019 budget.
Mayor Duffield recused himself on Item 12 due to business interest conflicts.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the
Consent Calendar; and noting the recusal by Mayor Duffield on Items 3 and 12, recusals by Council
Member Avery and City Clerk Brown on Item 4, and recusal by Council Member Herdman on
Item 5.
The motion carried by the following roll call vote:
Aves: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery, Mayor Pro Tem ONeill, Mayor Duffield
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC COMMENTS ON NON -AGENDA ITEMS
Susan Skinner discussed democracy and took
referendum petition, the. current. Council's h
discussed Fair Political Practices Commission
them.
Bob Rush, provided a hando
election, and provided his rea
Jim Mosher took is
Council for providi
appointments, and'.
selected.
XVIII. PUBLIC HEARING
th
th past C'ouncil's action on the Museum House
of the retirement of City Manager Kiff, and
alleg=ed violations and how the City is handling
an upcoming ballot measure on the November 6, 2018
fitting a primary argument against the measure.
recruitment process for the next City Manager but. thanked
;sed alleged Brown Act violations regarding City Manager
cen on August. 18, 2009 when the current City Manager was
C
13. Approval of the Fee Study Update [100-20181
— None
Mayor Duffield recused himself on the item du•e to potential impacts to source of income.
Mayor Pro Tem O'Neill opened the public hearing.
Jim Mosher asked for clarification on the recusals by Mayor Duffield on particular agenda items,
and discussed his experiences with appeals fees regarding the Planning Commission, the
Building and Fire Code Board of Appeals decisions, and Coastal Development Permits (CDP).
Hearing no further testimony, Mayor Pro Tem O'Neill closed the public hearing.
Council Member Muldoon expressed his concern about increasing fees, indicated he opposes fee
increases, and asked his colleagues to look at not increasing the fee for the Junior Lifeguard (JG)
program.
Volume 63 - Page 574
City of Newport Beach
Study Session and Regular Meeting
July 24, 2018
In response to Council questions, Senior Accountant Schweitzer confirmed the CDP fee is
changing from an hourly fee to a flat fee but is not increasing, defined what a cost of service fee
entails, and confirmed Resolution No. 2018-55 and Ordinance No. 2018-13 are being amended by
removing life safety fee adjustments from the attachments.
Motion by Council Member Herdman, 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) adopt amended
Resolution No. 2018-55, A Resolution of the City Council of the City of Newport Beach, California,
Revising Certain. Fees Within the Schedule of Rents, Fines and Fees and Adding an Annual
Consumer Price Index Adjustment of Certain Fees and Charges; and c) introduce amended
Ordinance No. 2018-13, An Ordinance of the City Council of the City of Neivport Beach,
California, Amending Exh.ibi.t A to Newport. Beach. Municipal Code Section 3.36.030 Related to
Cost Recovery, and pass to second reading on August: 14, 2018.
Mayor Pro Tem O'Neill suggested keeping the JG
subsidize the extra costs, and requested a friendly
Members Herdman and Peotter agreed to.
Council Member Dixon remarked that the City
on building the new JG Headquarters and nee
Council Member Avery felt the JG pro
the Newport: Beach Junior Lifeguard
costs.
Mayor Pro Tem O'Neill recommended br
an update to the fee schedule: in order to
of the costs.
Council Member
Council at a futu
is a
where it is and have the City
to the motion, which Council
its part by spending a significant amount
�auitable with the costs.
to as is and City Manager Kiff stated
holarships to help families with the
JG fee back to Council the next time there is
time to see how the City can help offset some
back the JG fee when life safety fees come back to
The motion carried bv,the following roll call vote:
Ayes: Council Member Herdman, Council Member Dixon, Council Member Peotter, Council
Member A-rexy, Mayor Pro Tem O'Neill
Noes: Council Member Muldoon
Recused: Mayor Duffield
XIX. CURRENT BUSINESS
14. First Amended and Restated Employment Agreement with Police Chief Lewis (C-7098-
3) [38/100-2018]
City Manager Kiff provided the staff report and summarized the essential terms of the contract.
Council Member Muldoon commended Chief Lewis for his leadership and commented on the
current City crime statistics being at, an all-time low.
Motion by Council Member Muldoon, seconded by Mayor Pro Tem O'Neill, 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) adopt Resolution
No. 2018-56, A Resolution of the City Council of the City of Newport Beach., California.,
Authorizing the City Manager to Execute the First Amended and Restated Employment Agreement
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City of Newport Beach
Study Session and Regular Meeting
July 24, 2018
Betioeen the City of Neiopor•t Beach and Jon Lewis for Seruices of Police Chief, for an annual base
salary of $233,734.03.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peott.er, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 7:48 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
July 19, 2018, at 4:00 p.m.
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CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
July 30, 2018
I. CONVENED IN OPEN SESSION - 9:00 a.m.
Mayor Duffield reported, since the names of the candidates may have been made public and to respect.
their privacy and current employment, the meeting to conduct the second interviews for the city
manager position was changed from August. 13, 2018 to July 30, 2018,
II. 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
III. PUBLIC COMMENTS
Unidentified speaker requested Council hire
as an acting city manager.
Nancy Gardner expressed hope that., after the city manager decision is made. Council thinks about
why the community feels the public's business is not beim` done in public.
Alan Beek encouraged city manager candidates to follow the model set by City Manager Kiff.
Eric Nowlin took issue with social media comments made over the weekend about, the city manager
recruitment, expressed concern that Council is not aligned over the qualifications, and encouraged
Council to hire someone that musts the qualifications.
Dennis Bress encoura
with city manager ext
that meets or exceeds the qualifications, especially
Rov Englebrecht indicated he is running for City Council because of Council's actions over the last
year, took issue relative to the eity manager recruitment process, and suggested Council vote to
postpone the hiring of the city manager until after the November election.
......:...................
Joy Brenner encouraged Council to release the redacted resumes of the three city manager
candidates being considered and hire someone that everyone can work with.
Karen Carlson discussed the city manager recruitment process, requested that Council listen to the
residents, and emphasized the need for candidates to have city manager experience.
Jim Mosher referenced comments submitted prior to the meeting, discussed the job brochure,
indicated he has not, heard who all the candidates are, and suggested introducing all the candidates
to the public prior to making a decision.
Unidentified speaker expressed concern that the public does not know anything about the
candidates, discussed the public's distrust of some of the Council Members, and encouraged Council
to hire the best candidate for the City.
Toni Rios expressed the importance of the city manager position and support, for postponing the
hiring until after the November election.
Unidentified speaker suggested Council work together on behalf of the citizens of the City and hire
someone with appropriate qualifications.
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July 30, 2018
Sandra Ayres reminded Council they were elected to represent the citizens of the City, discussed the
community survey relative to the city manager position, and took issue with how she feels citizens
have been treated.
Thomas Baker requested Council hire someone with city manager experience.
Sheila Koff expressed concern Council will hire someone unqualified for the city manager position
and who would dismiss citizen concerns.
Tom Schottmiller thanked the press for attending today's meeting.
Sorrell Wayne took issue with Council over the city manager process.
Motion by Council Member Herdman to postpone the hiring of the city manager until after the
November 6, 2018 election.
Title: City Manager. Rather than conducting, candidate interviews on August 13, 2018, as
announced at. the July 24, 2018 City Council meeting, the City Council will be conducting candidate
interviews at this meeting and may consider all matters authorized by Government Code Section
54957(b)(1) related to the appointment of a new City Manager; however, the City Council will not
be appointing a new City Manager a.t this meeting.
V. CLOSED SESSION REPORT -:11-.54 a.m.
City Clerk Harp read,a statement which reported on the recruitment process, the reason for calling
the special meeting, and.the next step.•'
VI. ADJOURNMENT -1
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
July 27, 2018, at 4:00 p.m.
Leilani I. Brown
City Clerk
Volume 63 - Page 578
Marshall "Duffy" Duffield
Mayor