HomeMy WebLinkAbout01 - Minutes - Amended PagesJuly 9, 2019
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Closed Session and Regular Meeting
June 25, 2019
I. ROLL CALL - 5:30 p.m.
Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member
Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member
Kevin Muldoon
II. PUBLIC COMMENTS - None
III. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
IV. RECESSED - 5:31 p.m.
V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member
Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member
Kevin Muldoon
VII. CLOSED SESSION REPORT - None
VIII. INVOCATION - Father Michael Laffoon, St. Mark Antiochian Orthodox_ Church
13L PLEDGE OF ALLEGIANCE - Council Member Herdman
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Avery:
• Attended Concert on the Green on June 16, 2019, and recognized Michelle Bendetti, Vice Chair of the
City Arts Commission, for her assistance in selecting the bands
Council Member Duffield:
• Attended the Watershed Executive Committee meeting and provided an update on what is being done
to keep the City's water clean
Council Member Brenner:
• Attended Speak Up Newport, a Corona del Mar Chamber of Commerce Government Affairs meeting,
a solid waste and recycling meeting, the annual Newport Beach Art Exhibition, the Sculpture
Exhibition grand opening in the Civic Center Park, the Corona del Mar Residents Association meeting,
the Newport Beach Sister City Association meeting, two family graduations, a graduation play day at
the Civic Center, and an Election Reform Committee meeting
• Utilized slides to discuss her attendance at the Junior Lifeguard Program opening day ceremony and
recognized the founder Reenie Boyer
• Met with City staff, the Balboa Island Improvement Association and representatives from Southern
California Edison to discuss work on Balboa Island, Scott Griffiths from Great Scott Tree Care to
discuss the preservation of Eucalyptus trees on Marine Avenue, Murphy McCann regarding traffic
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City of Newport Beach
Closed Session and Regular Meeting
June 25, 2019
With Council Member Herdman recusing himself, the motion carried 6-0.
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Denys Oberman expressed concerns regarding fire clearance setbacks in residential zones and believed the
City is supposed to submit updates to the State related to fire -related building codes by June 30, 2019.
Community Development Director Jurjis reported staff met with Ms. Oberman regarding fire clearance,
her property has two access points, there is no June 30, 2019 deadline for local governments, and the City
will be updating its codes toward the end of the year.
Ken Rawson expressed concerns regarding boardwalk safety, requested the Police Department release
statistics relative to citations issued on the boardwalk, and took issue that laws are not being enforced,
especially for electric bikes, surreys and skateboards.
Cari Mock relayed a bicycle accident incident involving her son and a vehicle at Clay Street and Fullerton
Avenue while on his way to Ensign Intermediate School, explained why she believed the accident occurred,
and requested the City continue to look for safety solutions.
Murphy McCann discussed accidents over the years on Clay Street, between Irvine Avenue and Fullerton
Avenue, and believed the City should install sidewalks and bike lanes. Public Works Director Webb
discussed the traffic study that was conducted and noted that the community is opposed to installing bike
lanes. Council Member Avery confirmed that the neighborhood is not in favor of those solutions because of
parking concerns and emphasized the need for community support.
At the request of Mayor Dixon, Police Chief Lewis discussed traffic safety initiatives the Police Department
has been doing in school areas.
Council Member Brenner indicated this is one of the reasons she is recommending creating a Traffic Affairs
Committee and suggested this issue be looked at Citywide.
Lindsaey Fox discussed traffic issues on Clay Street, suggested creating bike lanes for school access, but
limit the bike lane hours since the area has ample parking on the side streets.
XVII. PUBLIC HEARINGS
18. Reconsideration of the City Councirs Decision on May 28, 2019 to Approve the Application
for a Reconfigured Residential Dock at 939 Via Lido Soud [100-2019]
Mayor Dixon reported her concerns regarding the existing dock have been clarified and indicated she
will be supporting the applicant's request to rebuild the dock. She noted City Council Policy H-1
(Harbor Permit Policy) will be discussed under Item 24.
Motion by Mavor Dixon. seconded by Council Member Duffield, to a) find the project exempt
from the California Environmental Quality Act (CEQA') pursuant to Section 15301 (Existing
Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, Code of
Regulations, Title 14, Chapter 3; and c) adopt Resolution No. 2019-48, AResolution of the City Council
of the City of Newport Beach, California, Approving the Residential Dock Reconstruction Project (File
No. 2585-2018) at the Property Located at 939 Via Lido Soud.
Mayor Dixon opened the public hearing.
Jim Mosher took issue with making a motion prior to hearing public testimony and believed Council
should consider the information in Attachment G, nothing should be built past the pierhead line, and
Council should not approve the request.
Sherman Stacey, on behalf of Mark and Shana Conzelman, utilized a PowerPoint presentation to
discuss the findings, the current and neighboring docks, and why the project should be approved.
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City of Newport Beach
Closed Session and Regular Meeting
June 25, 2019
Discussion ensued between Council and staff regarding overtime, pension, and current staffing levels
in the Police Department.
The following individuals provided their reasons for supporting the hiring of an additional officer:
Craig Batley
Carol Martin
Maureen Cotton
Denys Oberman
Kellee Fitzgeorge
Fred Levine
Unidentified Speaker
Jim Mosher expressed opposition to increasing the Police Department's budget and discussed other
areas of the City where the additional funds could be used, questioned the accuracy of the crime
statistics, concurred with Mayor Pro Tem O'Neill's suggestion regarding overtime, and believed the
way the item was agendized could be an issue if Council chooses to move forward.
In response to Mayor Dixon's questions, City Manager Leung and Police Chief Lewis discussed the
overtime rate and workers' compensation costs, and confirmed there would be no increase in benefit
costs when utilizing overtime.
Council Member Muldoon offered a friendlv amendment to the motion to include approving
$25,000.00 from the base annual salary for the additional officer to cover additional overtime during
the summer months since it is likely the position will not be filled for some time.
City Manager Leung confirmed that, if the position is put into the Fiscal Year 2019-20 budget until it
is filled, the added surplus could be used for overtime.
Mayor Dixon and Council Member Herdman accepted the friendly amendment.
Mayor Pro Tem O'Neill restated his reasons for not supporting the additional position, expressed
concerns regarding pension savings in the future, and noted he was not in support of the current
motion.
Mayor Dixon conveyed her concern with the increase in crime and believed more enforcement is needed.
With Mayor Pro Tem O'Neill, Council Member Duffield, and Council Member Avery voting no, the
amended motion carried 4-3.
21. Annual Appointments to Boards and Commissions [241100-2019]
City Clerk Brown provided a brief report and noted four votes are required in order to be appointed.
Jim Mosher questioned if the appointment process properly adhered to City Council Policy A-2,
suggested requiring the City Clerk to retain applications until a confirmed lack of interest is received
by the applicant, and expressed opposition to possibly reappointing Arlene Greer to the City Arts
Commission for a third term since it would contradict with Council's message that encourages people
to keep applying for positions.
Council Member Brenner supported the idea of requiring the City Clerk to retain all applications until
a lack of interest was received and suggested staff liaisons for the various boards, commissions and
committees be part of the interview process. Noting she served on the City Council ad hoc review
committee, she believed appointees should have the expertise and skillset needed to advise Council.
Mayor Dixon announced the City received 43 applications, with 21 individuals being interviewed, and
explained that some candidates applied for positions that they are not experienced in and Council
cannot nominate someone just to fill a slot.
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