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HomeMy WebLinkAbout07/14/2015 - Special Meeting1111111 lil III ili City Council Minutes Special Meeting July 14, 2015 I. ROLL CALL - 7:00 p.m. Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich II. CURRENT BUSINESS 1. City Council Members' Expressions of Official City Position or Policy and Re- Affirmation of Support for a Diverse Community [100 -2015] City Attorney Harp reported that Council Member Peotter sent an email regarding a recent Supreme Court Case and the email referenced himself as a Council Member and contained the official City seal. Staff received numerous inquiries from the public about whether the position in the email was the position of the City or whether it was his personal position. Mayor Selich called for the Special Meeting and Council will be considering the adoption of a City Council Policy designed to prevent confusion as to whether Council Members are expressing their personal opinions or reflecting the position of the entire City Council. The proposed resolution also reaffirms City Council support of a diverse and inclusive community. Allison Carr noted that she comes from a Judeo- Christian background and is a member of the Congregational Church. stated that the Judeo - Christian history has nothing to do with marriage between a man and a woman, and questioned how any Council Member could send out such an email. She noted how bullying contributes to teen suicide, and asked Council to consider the lost tax dollars when businesses stop doing business with places that encourage such behavior. Barbara Pisetsky, Director of Parents Families and Friends of Lesbians and Gays (PFLAG) of the Southern Pacific Region, provided information regarding the organization. She suggested that people educate themselves on this matter and encouraged reaching out to organizations in order to become a better public servant. Kathleen Blank encouraged Council Member Peotter to keep his eyes on City Council business. Bill Pisetsky commented on the need for fair treatment for all. He referenced Dr. Stephen Covey's Seven Habits of Highly Effective People and noted that Habit No. 5 is to "Seek to understand, then to be understood." He encouraged Council Members to reach out, look to residents, and educate themselves. He invited Council to the next PFLAG meeting on July 15 at 7:00 p.m. at St. George's Episcopal Church in Laguna Hills. Robert Craig referenced Council Member Peotter's email and believed that they do not reflect the City's position. However, he commented on the rules of conduct of the company he works for and that violations of such rules would result in discipline or termination. He indicated that he reviewed the City's Code of Conduct relative to discrimination, integrity, empathy and service, and believed that Council Member Peotter violated the City's Code of Conduct. He acknowledged the Constitutional right of free speech and freedom of religion, but encouraged Council Member Peotter to focus on his own spirituality and try not to control others. Volume 62 - Page 395 City of Newport Beach Special Meeting July 14, 2015 Christie Draper, PFLAG, quoted the Dalai Lama and commented on the harm done by Council Member Peotter's email. She noted receiving many emails from parents who have discovered that their child is gay and are afraid for their safety and from teenagers /adults who are petrified of their parent's rejection. She reported that her son was a victim of religious -based bullying. Ms. Draper noted that 40% of homeless children identify as being Lesbian, Gay, Bisexual and Transgender (LGBT), use drugs to numb the pain, and when it becomes too much to handle, they take their own lives. She urged Council to fix the situation and ensure that it does not happen again. Scott Westerfield introduced himself as a Gay American who was recently married and listed his and his husband's activities in and contributions to the community. Brad Dacus, Constitutional Attorney and President and Founder of the Pacific Justice Institute, noted the organization's mission to defend the First Amendment of the Constitution. He quoted Justice Scalia's dissent on marriage equality and expressed the opinion that Council will be making a mistake if it acts on this. He referenced related cases relative to government speech and an unbinding resolution. He believed that, when Council Members send out communications, they do not speak on behalf of the whole City. Jeff LeTourneau, introduced his husband and reported getting married last year. He believed that there is no basis of fact in Council Peotter's statement regarding violation of 5,000 years of Judeo - Christian history. He stressed that this is not a Judeo- Christian country, but rather a secular nation, which is clear in the Constitution, in the Bill of Rights, and in the writings of the Founding Fathers. He referenced a meeting of the Irvine Values Coalition of which Council Member Peotter was the chair, commented on a hateful sign held by a five -year old girl, and alleged it was encouraged by Council Member Peotter. He believed that Council Member Peotter should resign at the end of this meeting after apologizing to the LGBT community and the citizens of Newport Beach. Laura Kanter, LGBT Center Youth Program Director, believed that this is not a debate of the First Amendment, but rather what is appropriate from a civic leader. She spoke in opposition to a civic leader bullying a minority group, noting that it has a deep and lasting impact, especially on youth. She believed that the comments justify bullying and violent behavior and spread stigma and hate. She added that LGBT people are most at risk for depression, suicide, not finishing school, and homelessness. She asked that Council Member Peotter apologize for his comments and that all Council Members and City employees undergo training on cultural competency and sensitivity. Kevin O'Grady, Executive Director of the Orange County LGBT Center, stated that Council Member Peotter has the right to express himself as he wishes; however, believed that his expression crossed the line of decency and is hate speech. He reported that the proposal is almost meaningless as the Newport Beach Municipal Code (NBMC) already makes Council Member Peotter's use of the City seal illegal. He noted his intention to request an investigation on this matter. He believed that the resolution does not address Council Member Peotter's statement and that the Council Members who have not spoken in support of a stronger resolution have aligned themselves with Council Member Peotter's statement and will be held accountable. He stated that Council Member Peotter's statements have affected many people, including City employees and residents. He asked that Council pass a resolution of censure that unconditionally condemns Council Member Peotter's comments and that the City undergo training by the LGBT Center. Volume 62 - Page 396 City of Newport Beach Special Meeting July 14, 2015 Wyatt Robertson, Orange County Equality Coalition, believed that Council Member Peotter's comments were discriminatory and noted that there is nothing in the Bible relative to homophobia and quoted specific Bible verses. Ashlee Kendall, former City employee, expressed agreement with Council Member Peotter in terms of his statements regarding the Peninsula; however, spoke in opposition to his comments regarding an Irvine measure to prevent discrimination based on sexual orientation or on the way he handled credit or his pursuit of money. She took issue with his comments regarding a recent Supreme Court decision with respect to using public resources for non -City business. She added the remarks are obstructing the operation of the City and that the City has more important things to do. Tom Peterson believed that the matter is not only about using the City seal, but also in knowing that the statements are the beliefs and values of those representing the City. He expressed concerns about what is being said to young people and noted that Council Member Peotter's comments do not just speak only about gay people, but to everyone that is different. He stressed that everyone matters and deserves dignity, respect, and equality, and that those serving the public have the responsibility to be aware of what they say and the effect of their comments. He stated that he is gay and married his husband in 2008. Additionally, he noted that the world is changing and that, even if people do not like it, it will continue to change. Dr. Carolyn O'Keefe, Licensed Clinical Psychologist, provided information regarding research relative to similar comments made. She believed that those who are not part of the LGBT community cannot understand the impact that comments such as those of Council Member Peotter's have on the community. She stressed that community leaders have the responsibility of serving as models to young people. Mike Kane expressed support of Council Member Peotter's First Amendment rights to express himself as a citizen; however, as a Council Member, his views are a separate matter. He noted that the problem is not only limited to Council Member Peotter's email, but is also on his Facebook page which also bears the City Seal and his Council Member title. He commented on the proposed resolution and believed that the right thing to do is to censure him. Tom Pollack commented on the importance of people being allowed to express their beliefs; however, if the comments are hurtful, it should be acknowledged as not the intent but that a point needed to be made. He equated the issue to Donald Trump losing business because of what he said and believed this is intimidation. Michelle Rouse stated that she was offended by the remarks made by Council Member Peotter that insinuated that one of her children does not deserve the respect, rights, and privileges due others. She expressed hope that Council Member Peotter is willing to accept the education that has been offered. She commented on related research, including the stigmatizing effect of similar comments. She tools offense to his comments regarding the Supreme Court being made up of "nine guys in black robes" which ignores the women on the Supreme Court, believing this sends a message that women's and girl's contributions are not as important. She noted that someone he loves may turn out to be gay and that he will be very sorry for the position he has taken regarding this matter. Laura McCants addressed Team Newport and wondered what the other Council Members in the team feel about Council Member Peotter's comments. She stated that she is tired of Council Member Peotter embarrassing the City and putting it in a bad light. She commented on the possibility of adjacent cities and consumers boycotting the City's businesses. She took issue regarding Council Member Peotter's criticism of past Councils and questioned his Volume 62 - Page 397 City of Newport Beach Special Meeting July 14, 2015 contributions to the City thus far. She referenced comments made by Council Member Peotter at a Tea Party meeting in Costa Mesa regarding an existing litigation matter currently being negotiated by the City. She encouraged the remaining members of Team Newport to join the rest of Council to investigate Council Member Peotter's actions. Dr. Thomas Badin spoke in support of free speech and noted that Council Member Peotter is entitled to publicly proclaim his personal beliefs and views and to express them to his constituents without fear of reprisal. He added that those who want to stifle Council Member Peotter's comments are guilty of the same repression that homosexuals have suffered for many years. He believed that, since the recent Supreme Court decision is a departure from years of law, Council Member Peotter's views are not radical or off the mainstream. Donald Phares took issue that the proposed resolution will not allow Council Members to share their personal views on any upcoming legislation and asked that the language be modified. He questioned why people would be confused regarding whether Council Member Peotter represented the views of the City. He spoke in support of free speech and in opposition to Council Member Peotter being vilified for stating his beliefs. Bill Dunlap believed that Council Member Peotter's personal views clearly are not the City's position. He encouraged residents to stop demonizing each other and stated that he looks toward Council to lead in the effort. Denise Penn commented on people's reactions when she mentions she is from Orange County because they believe Orange County is a homophobic place. She stressed that, as elected officials, Council serves as a role model for young people and hoped that Council will accept the invitation to attend the cultural competency training on LGBT issues. Leslie Polacheck believed that Council Member Peotter's comments were irresponsible and inappropriate, especially from an elected official. He urged Council to take a hard look at the divisive atmosphere created by Council Member Peotter and to focus on local issues. He noted that there is a way to disagree without being disrespectful and expressed hope to have better rhetoric from this Council going forward. Jeff Herdman expressed concerns with the downward spiral taking place in the City and believed that Council Member Peotter violated the NBMC relative to acceptance of excess contributions, violated the Political Reform Act when he failed to report the contribution return, violated the Political Reform Act when he failed to report contributions from a fundraiser, violated the Brown Act when he spoke at a meeting in Costa Mesa and revealed confidential settlement information, and attempted a cover -up when he attempted to post an edited video of the event. Further, he believed that Council Member Peotter violated City policy on Commission appointments, as well as the NBMC when he used the City seal on his campaign newsletter to attack City Council colleagues and raise money for his campaign. He reported contacting the District Attorney to investigate the violations and believed that Council Member Peotter continues to violate the law. He took issue with Council Member Peotter's attacks on current Council colleagues, his efforts to restructure City debt, and proposals regarding deficit spending, and believed he is funneling taxpayer dollars to his political allies and campaign supporters. He requested that Council Member Peotter resign, for the good of the City; however, if he does not resign, he believed that he should be recalled to avoid further embarrassment to the City. Zoe Nicholson provided a brief history of her time in the City and her experience as the Director of the Free Clinic in Orange County in 1983. She encouraged Council Members to state their opinions regarding the matter and noted that the best rainbows she has seen have been in the Back Bay and belong to everyone. Volume 62 - Page 398 City of Newport Beach Special Meeting July 14, 2015 John Spots spoke in support of Council making a symbolic gesture that Council is open to diversity. He added that everyone is created equal and deserves equal treatment. James McDonald commented that judging others is wrong and believed that comments, such as those of Council Member Peotter, could have a ripple effect on the community. Nancy Skinner stated that she was offended by Council Member Peotter's email. She expressed support of the proposed resolution and asked that Council approve it. Violet Lorensen expressed sadness in hearing so many divisive comments and read comments by Rick Warren relative to not compromising convictions in order to be compassionate. Jim Mosher believed that Council Member Peotter did not violate any existing City Council Policy and does not object to Council Member Peotter identifying himself as an elected official. He expressed his disappointment regarding the noticing of the Special Meeting. He expressed support for the proposed resolution, but expressed concerns regarding specific statements in the resolution. He also took issue with some of the statements made by the City Attorney in the staff report and referenced the City Attorney's duties in the City Charter. He further offered corrections to typographical errors within the resolution. Council. Member Petros acknowledged the presence of Costa Mesa Mayor Steve Mensinger and thanked him for attending the meeting. He expressed sadness regarding this matter and resents that two hours of official City business has been spent on this issue. He apologized to residents for having to take the time out of their schedules to address the issue. He highlighted his beliefs and noted that the Country was founded with the notion that all are created equal and that we are all endowed with certain inalienable rights. He stressed that Newport Beach is not a discriminatory city but is a unified community. Council Member Muldoon thanked everyone for their respectfulness. He noted the importance of free speech and indicated that he cannot support the resolution, as written. He expressed his belief that the City is a welcoming place and that we should love our neighbors. He agreed that restrictions should be placed regarding the use of the City seal. Council Member Curry thanked Mayor Selich for arranging this Special Meeting since this was a conversation that the community needed to have. He commented on his recent experience attending a meeting with the Dalai Lama who spoke about creating communities of respect, and compassion, and where residents work to help each other. He commented about the possibility of the community participating in the "Random Acts of Compassion" campaign and noted his surprise and sadness regarding the email that was issued by Council Member Peotter. He believed that the proposed resolution should be adopted, but expressed the need to do more. He agreed that Council Member Peotter has the right to express his views and comments as an individual; however, he noted the importance of thinking about the Oath of Office and responsibilities as an elected official, leader, and employer. Council Member Curry reported that the action of putting the City seal on a personal communication is illegal and violates the NBMC. He noted other occasions in which Council Member Peotter used the City seal in communications that included links to raise funds for his campaign. He added that Council Member Peotter's comments create a hostile workplace. He also expressed concerns with the possible effects on tourism. He suggested forwarding this matter to the District Attorney's Office, revising the NBMC to close loopholes regarding the use of the City seal, and bring back a resolution of censure, noting there is a precedent for the censure resolution. Council Member Curry believed that this was a misuse of authority and noted the need to prevent any further issues, Council needs to police itself regarding statements made to show this is an inclusive community, and these actions will not be tolerated in the future. Volume 62 - Page 399 City of Newport Beach Special Meeting July 14, 2015 Council Member Peotter stated that it was never his intent to inflame the community and that he does not believe that he used the City seal illegally. He indicated that, because of this situation, he has since removed it from his communications. He apologized to staff and his Council colleagues. He added that he did not intend to hurt anyone and that he was stating an opinion regarding the recent Supreme Court ruling. He commented regarding intolerance from the LGBT community and noted his right to free speech. He addressed religious freedom and pointed out the need to accept that those beliefs may not agree with same -sex marriage. He added that Democracy thrives with different opinions, hoped that residents will respect his opinions, and stated that he will be more careful in the future. He apologized to those who were insulted by his opinions. Mayor Pro Tem Dixon spoke in support of the proposed resolution and noted the importance of reflecting that the City is an open and diverse community, respecting all of the rights and privileges granted by this great Country. Regarding the resolution, Council Member Peotter expressed concerns with Section 1, believing it is an imposition on free speech rights. He suggested language in support of freedom of speech and religion and how these shall not be infringed. Regarding Section 2, he suggested expressing the City's support of diversity and removing the second, third, and fourth "Whereas" statements as they imply that he does not agree with diversity. Council Member Muldoon believed that Section 1 is overly broad and unconstitutional. Motion by Council Member Muldoon, seconded by Council Member Peotter, to adopt Resolution No. 2015 -63, A Resolution of the City Council of the City of Newport Beach, California, Adopting City Council Policy A -20 Relating to City Council Members' Expression, of an Official City Position or Policy and Affirming the City of Newport Beach's Support for Diversity, Equality and Inclusiveness, but striking Council Member Peotter's name from the "Whereas" statements and striking the restriction on freedom of speech from Section 1. Council Member Curry reported that the resolution presented was designed as a compromise and should be supported because of the expressions it conveys. Substitute motion by Council Member Curry, seconded by Council Member Petros, to a) adopt Resolution No.2015 -63, A Resolution of the City Council of the City of Newport Beach, California, Adopting City Council Policy A -20 Relating to City Council Mein bers'Expression of an Official City Position or Policy and Affirming the City of Newport Beach's Support for Diversity, Equality and Inclusiveness; b) refer the alleged violations of the Newport Beach Municipal Code regarding the use of the City seal to the District Attorney for evaluation, c) waive Policy A -6 (Open Meeting Policies) and ask the City Attorney to bring back an ordinance to clarify the use of the City seal to prevent this from happening in the future; and d) bring back a resolution modeled after former Council Member Nichols' resolution in 2003 which specifically addresses the actions of Council Member Peotter. Mayor Selich agreed with Council Member Petros' earlier comments. Regarding Mr. Mosher's previous comment, he noted that the Mayor has the ability to call a Special Meeting, stating that it provided a forum so an action could be taken. He emphasized that the issue, is not the specific statements made by Council Member Peotter, but the use of the City seal and mistakenly representing that the view of one Council Member may be City policy. He expressed the opinion that the action reflected poor judgement on the part of Council Member Peotter and accepted his apology. He acknowledged his removal of the City seal from documents and materials, and asked that he remove the original page from the internet. Volume 62 - Page 400 City of Newport Beach Special Meeting July 14, 2015 Mayor Selich expressed his support of the substitute motion. He indicated that, although the idea of a censure is strong, he believed there is a need for public discussion on it. Council Member Curry believed that the substitute motion has nothing to do with Council Member Peotter's freedom of speech, but rather his violation of the NBMC. In response to Council Member Peotter's question, City Attorney Harp reported that the City Attorney is the prosecutor for violations of the NBMC and that the District Attorney also has jurisdiction. City Attorney Harp stated that the issues of a referral to the District Attorney and the consideration of a censure are not on the agenda at this time. He advised that those issues come back to Council for separate action. Council Member Petros reluctantly agreed, but noted his belief that Council can act on the items tonight; however, if it shows transparency and provides a greater comportment with the City's ordinance, he accepted the proposed changes. Council Member Peotter asked to bifurcate the votes into four separate votes. Mayor Selich noted that those items have been withdrawn from the substitute motion. Council Member Curry confirmed that the referral of items to the District Attorney's Office will return for separate action. City Attorney Harp clarified that Council may direct staff to bring back all of these items with a waiver of City Council Policy A -6 as the first item. If Council decides to waive City Council Policy A -6, Council may act on all of the issues at that one meeting. Under City Council Policy A -6, Council has the authority to make those requests and they do not need to be part of the motion. Amended substitute motion by Council Member Curry, seconded by Council Member Petros, to adopt Resolution No. 2015 -63, A Resolution of the City Council of the City of Newport Beach, California, Adopting City Council Policy A =20 Relating to City Council Members' Expression of an Official City Position or Policy and Affirming the City of Newport Beach's Support for Diversity, Equality and Inclusiveness. In response to Mayor Pro Tem Dixon's question, City Attorney Harp reported reviewing First Amendment issues and that the proposed City Council Policy is being presented to avoid confusion by the public, not to regulate the content or hinder freedom of speech. He indicated that the policy has a neutral viewpoint and allows Council Members to choose how they will convey their message to the public without confusing the public, such as with the use of the City seal. He added that it is a City Council Policy, giving Council the authority to review what other Council Members have done, and see how they are complying with the policy. He added that it would also include the option of possible censure for violations of the policy. The amended substitute motion carried by the following roll call vote: Ayes: Council Member Petros, Council Member Curry, Mayor Pro Tern Dixon, Mayor Selich Noes: Council Member Peotter, Council Member Duffield, Council Member Muldoon III. PUBLIC COMMENTS ON NON - AGENDA ITEMS -None IV. ADJOURNMENT — 9:15 p.m. Volume 62 - Page 401 City of Newport Beach Special Meeting July 14, 2015 The agenda for the Special Meeting 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 13, 2015, at 3:30 p.m. The corrected agenda for the Special Meeting 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 13, 2015, at 4:12 p.m. Recording Secretary fr t r F ir c 1�t City Clerk Volume 62 - Page 402