HomeMy WebLinkAbout06/25/2019 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Closed Session and Regular Meeting
June 25, 2019
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
IX. 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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mitigation measures, City staff and members from the Back Bay Conservancy to discuss the timeline
on the Big Canyon Restoration project, and Jim Walker from The Bungalow Restaurant to discuss
Business Improvement Districts (BIDs)
• Requested Council consider forming a Traffic Affairs Committee to get more input from the public
about traffic issues throughout the City
Council Member Herdman:
• Thanked members of the community that attended the Orange County Board of Supervisors meeting
that morning regarding John Wayne Airport (JWA)
• Attended the Sculpture Exhibition and thanked members of the City Arts Commission, and the Balboa
Island Improvement Association Pancake Breakfast and Awards Ceremony for the Balboa Island
Parade
• Spoke at the Corona del Mar Chamber of Commerce meeting
• Recognized Tim Stoaks, President of Friends of the Newport Beach Animal Shelter (FONBAS), and
displayed a slide to tell the story of Maggie, a successful shelter rescue
• Announced a free Pet Adoption Day at the Tustin Animal Shelter on June 29, 2019
• Discussed the Orange County Mosquito and Vector Control District's Tip and Toss campaign to remind
residents to eliminate standing water and shared statistics
Mayor Pro Tem O'Neill
• Attended the Corona del Mar High School Living History Program, Newport Beach Chamber of
Commerce ribbon cutting for Spinnaker Investments, Newport Beach Art Exhibition, Concert on the
Green and announced the next concert is July 7, 2019, Chapman University's Economic Forecast, and
the Boys and Girls Club Breakfast with Council Member Herdman
• Announced the Fourth of July celebrations at Mariners Park and the Peninsula, and the Junior
Lifeguard Program's celebration of Ben Carlson Day on July 6, 2019
• Spoke at the Newport Beach Chamber of Commerce Government Affairs Committee meeting
Mayor Dixon:
• Chaired and highlighted the Association of Orange County Cities (ACC -OC) panel discussion regarding
pension issues and reported Finance Director Matusiewicz also sat on the panel
• Attended the Newport Beach Art Exhibition and opening of the Sculpture Exhibition
• Displayed slides to announce July 4th celebrations on the Peninsula and Mariners Park, and invited
everyone to the Vote Center Community Workshop on June 28, 2019 in the Friends Room
• At the Mayor's request, City Attorney Harp utilized a PowerPoint presentation to review the morning's
Orange County Board of Supervisors meeting to discuss the General Aviation Improvement Program
proposal at JWA
Philip Bettencourt recognized and shared his memories of former Mayor and Council Member John Cox.
XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
Consideration of Forming an Ad Hoc Committee for the Design and Construction of the
Library Lecture Hall — Members to be Appointed by the Mayor, Confirmed by the City
Council, without Compliance of City Council Policy A-2 (Dixon)
The City Council unanimously concurred to place the matter on a future agenda.
Without objection, Mayor Dixon took Item 26 out of order.
XVIII. CURRENT BUSINESS
26. Resolution No. 2019-65: Declaring July 6 as Benjamin M. Carlson Day [100-20191
Mayor Dixon read the proclamation and presented it to Teri Carlson, Ben's mother, Stephanie Janz,
Ben's sister, Jake Janz, Ben's brother-in-law and artist who created the McFadden Square statue, and
Ben's nephews, Brody and Bronson.
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On behalf of the family, Jake Janz thanked Council for recognizing his brother-in-law.
Motion by Mayor Pro Tem O'Neill seconded by Council Member Herdman, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) adopt Resolution No. 2019-65, A Resolution of
the City Council of the City of Newport Beach, California, Recognizing July 6 as Benjamin M. Carlson
Day.
The motion carried unanimously.
Without objection, Mayor Dixon announced that Item 25 under Current Business would be taken out of
order.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher explained why he believed Item 3 (Ordinance regarding the Medium Density Residential Zone)
should be referred to the Planning Commission, took issue with waiving City Council Policy F-7 for Item
12 (Farmers' Market Agreement), and questioned the support to the Newport Beach Film Festival in Item
13 (Special Events Support). Community Development Director Jurjis noted the Planning Commission
already reviewed Item 3, recommended approval, and indicated staff will be researching the density
questions.
Hoiyin 1p utilized slides to discuss Item 9 (General Plan Update Outreach) and affordable housing. She
also encouraged attendance at the General Plan Update Steering Committee meetings.
Regarding Item 13, Daniel Hodge, Commodore of the Newport Ocean Sailing Association (NOSA), noted
NOSA hosts the Newport to Ensenada Yacht Race which just completed its 72nd year, thanked the City for
its support over the years and requested continued support, discussed the updated tracking devices, and
announced the new race they will be hosting.
Regarding Item 13, Stefanie Salem, Founder and CEO of the Newport Beach Wine & Food Festival,
requested City support for the festival in order to grow the event and discussed the event, ticket prices,
and marketing. Recreation and Senior Services Director Detweiler explained the reason for recommending
that the grant request not be funded.
Regarding Item 13, Robert Moores noted NOSA is a non-profit organization, the Newport to Ensenada
Yacht Race is a Newport Beach event that is centered around Newport Harbor, is one of the world's largest
and longest running offshore races, discussed the event's economic impact to the City, and noted they
requested $25,000 but is recommended to receive $10,000.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the June 11, 2019 City Council Meeting [100-20191
Waive reading of subject minutes, approve as amended, 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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2019-10: Adoption of an Ordinance Amending the Municipal Code to Rename
the Multiple Residential Detached (RM -D) Zoning District to Medium Density Residential
(RMD) and Include Reference to Attached Dwelling Units (PA2019-065) [100-20191.
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a) Find this project from the California Quality Act (CEQA) pursuant to Section 15303 under Class 5
(Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential
to have a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2019-10, An Ordinance of the City Council of the
City of Newport Beach, California, Amending the Newport Beach Municipal Code to Rename the
Multiple Residential Detached (RM -D) Zoning District to Medium Density Residential (RMD) and
Include Reference to Attached Dwelling Units (PA2019-065).
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2019-56: Adopting a Memorandum of Understanding with the Part Time
Employees Association of Newport Beach (PTEANB) (C-3362) [38/100-2019]
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. 2019-56, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Memorandum of Understanding Between the City of Newport Beach and the
Part Time Employees Association of Newport Beach and Establishing Salary Ranges for Certain
Represented and Unrepresented Part-time Positions for the period January 1, 2019 through
December 31, 2021; and
c) Authorize Finance Department staff to post an administrative budget amendment in Fiscal Year
2019-20 in the amount of $112,014 to provide funding for the first twelve months of the PTEANB
contract.
5. Resolution No. 2019-57: Adopting a Memorandum of Understanding with the Newport Beach
Fire Management Association (NBFMA) (C-2946) [38/100-2019]
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 Resolution No. 2019-57, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Memorandum of Understanding Between the City of Newport Beach and the
Newport Beach Fire Management Association; and
c) Authorize Finance Department staff to post an administrative budget amendment in Fiscal Year
2019-20 in the amount of $26,939 to provide funding for the first twelve months of the NBFMA
contract.
6. Resolution No. 2019-58: Approving the Side Letter of Agreement to the Memorandum of
Understanding between the City of Newport Beach and the Newport Beach Firefighters
Association (C-2060) [38/100-2019]
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. 2019-58, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Side Letter of Agreement to the Memorandum of Understanding between
the City of Newport Beach and the Newport Beach Firefighters Association.
Resolution No. 2019-59: Proposed Deletion of City Council Policy I-7 — Library Meeting
Rooms and Approval of Newport Beach Public Library Policy 14 [100-2019]
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) Delete Council Policy I-7, Library Meeting Rooms, and approve new Newport Beach Public Library
Policy 14, The Friends Meeting Room; and
c) Adopt Resolution No. 2019-59, A Resolution of the City Council of the City of Newport Beach,
California, Deleting City Council Policy T 7 "Library Meeting Rooms" from the City Council Policy
Manual and approving "Newport Beach Public Library Policy 14.
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CONTRACTS AND AGREEMENTS
8. Balboa Island Water Main Replacement Phase II - Notice of Completion for Contract
No. 7173-2 (19W11) [381100-2019]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On November 27, 2018, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
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 Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
Council Member Herdman recused himself on Item 8 due to real property interest conflicts.
9. Professional Services Agreement with Kearns & West for General Plan Update Outreach (C-
8180-1) [381100-2019]
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) Accept the General Plan Update Steering Committee's Recommendation and Authorize the Mayor
and City Clerk to execute a Professional Services Agreement with Kearns & West to prepare,
implement, and facilitate an outreach program to assist in preparation of a future General Plan
update in an amount not to exceed $452,000.
10. Amendment No. One to On -Call Maintenance and Repair Services Agreements for
Underground Utility Installation and Repair Services with GCI Construction, Inc. and T.E.
Roberts, Inc. [381100-2019]
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) Approve Amendment No. 1 to On -Call Maintenance and Repair Services Agreement for
Underground Utility Installation and Repair Services with GCI Construction, Inc. (C-8556-1) and
T.E. Roberts, Inc. (C-8556-3) with an additional $250,000 for each agreement for a total not -to -
exceed amount of $750,000 for each agreement, and authorize the Mayor and City Clerk to execute
the Amended Agreements.
Council Member Muldoon recused himself on Item 10 due to business interest conflicts.
11. Approval of Amendment No. 1 to the Professional Services Agreement with NV5, Inc. for On -
Call Development and Utility Permit Inspection Services and Construction Administration
(C-7565-1) [381100-2019]
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) Approve Amendment No. 1 to the current Professional Services Agreement with NV5, Inc. for on-
call Development and Utility Permit Inspection Services and Construction Administration,
increasing the original contract by $180,000 and extending the term of the agreement to September
24, 2023; and
c) Authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement.
Council Member Muldoon recused himself on Item 11 due to business interest conflicts.
12. Revocable License Agreement with Lido Group Retail, LLC to Operate a Certified Farmers'
Market Located in Lido Marina Village (C-8181-1) [381100-2019]
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;
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b) Approve a waiver of City Council Policy F-7 — Income Property based on the findings contained in
this staff report and the license agreement, that conducting an open bid process or changing the
licensee would result in excessive vacancy, and the use of the property provides an essential or
unique service to the community and is of a statewide benefit, and might not otherwise be provided
were an open bid or full fair market value of the property be required; and
c) Authorize the City Manager and City Clerk to execute a five-year Revocable License Agreement for
Temporary Use of City Property for a Certified Farmers' Market at Lido Marina Village with Lido
Group Retail, LLC, in a form substantially similar to the agreement attached to the staff report.
13. Special Event Support Program Fiscal Year 2019-20 Funding Recommendations (C-8082)
[381100-2019]
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) Approve the Special Event Support Program recommendations for Fiscal Year 2019-20;
c) Authorize staff to execute one-year grant agreements with Signature event organizers for the
Komen Orange County Race for the Cure, Hoag Classic, Newport Beach Restaurant Week, and the
Newport to Ensenada Yacht Race; and
d) Authorize staff to enter a three-year agreement with Newport Beach Film Festival. This agreement
is for $150,000 per year for three consecutive years for a total of $450,000.
Council Member Herdman recused himself on Item 13 due to real property interest conflicts.
14. Removed from the Consent Calendar
15. Removed from the Consent Calendar
MISCELLANEOUS
16. Planning Commission Agenda for the June 20, 2019 Meeting [100-2019]
Receive and file.
17. Confirmation of Voting Delegate and Alternate for the 2019 League of California Cities
Annual Conference — October 16, 2019 to October 18, 2019 [100-2019]
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;
b) Designate Mayor Pro Tem Will O'Neill to be the Voting Delegate and Council Member Kevin
Muldoon to be the Alternate Voting Delegate at the League of California Cities Conference; and
c) Direct the City Clerk to complete and submit the designation form to the League of California
Cities.
Motion by Mayor Pro Tem O'Neill seconded by Council Member Herdman, to approve the Consent
Calendar, except the items removed (14 and 15); and noting the recusals by Council Member Herdman on
Items 8 and 13, recusals by Council Member Muldoon on Items 10 and 11, and amendments to Item 1.
The motion carried unanimously.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
14. Approval of Funding Support for the Balboa Village Merchants Association (BVMA Inc.) (C-
8132-5) [38/100-2019]
Mayor Pro Tem O'Neill questioned why the City still provides funding after seven years when it was
supposed to stop after five years. City Manager Leung requested Council direction on how to proceed.
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Craig Batley explained -why the BVMA Inc. was created, how their model saves the City money, the
importance of the funding to BVMA Inc. since they do not assess businesses because they are not a
BID, and how the funds are used.
Council Member Brenner suggested the Business Improvement District Ad Hoc Committee review
BVMA Inc.'s funding.
Deputy City Manager Finnigan provided the background behind BVMA Inc. and Balboa Island
Marketing, Inc. (Item 15), and noted it is the Council's discretion whether to continue funding.
Steve Rosansky, President and CEO of the Newport Beach Chamber of Commerce, noted the City once
had employees that handled economic development and encouraged the City to assist business
organizations.
Jim Mosher discussed BIDs and how they are supposed to assess themselves, noted the City's funding
makes up BVMA Inc.'s entire budget, took issue with their use of the funds, agreed with Council
Member Brenner's suggestion to have the ad hoc committee review BVMA Inc. and Balboa Island
Marketing, Inc.'s funding, and recommended this type of funding be offered to every business.
Craig Batley indicated BVMA Inc. makes money on some of their events and explained how Newport
Beach and Company is used to promote some of their events.
Mayor Pro Tem O'Neill discussed BVMA Inc.'s budget, believed they could request funding for specific
events through the special event funding process, noted Balboa Village also has a parking district, and
suggested decreasing the amount to $20,000 this year and encouraging them to apply for special event
funding so this does not come back next year.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Duffield, 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) approve $20,000 in funding support for the BVMA
Inc. for Fiscal Year 2019-20 and encourage them to apply for Special Event Support Program funding
next year; and c) authorize the City Manager to execute a grant agreement with the BVMA Inc. for
Fiscal Year 2019-20.
Mayor Dixon agreed that this should be looked at holistically and clarified the purpose of the Balboa
Village Advisory Committee (BVAC).
Council Members Muldoon, Avery and Duffield expressed support for the motion and agreed that all
businesses should have the opportunity to request funding.
The motion carried unanimously.
15. Approval of Funding Support for Balboa Island Marketing, Inc. (C-8133-5) [381100-2019]
Council Member Herdman recused himself due to real property conflicts.
Mayor Pro Tem O'Neill indicated his concerns are similar to what was mentioned in Item 14.
Jim Mosher noted the City's funding makes up Balboa Island Marketing, Inc.'s entire budget and has
more money carried over from last year than BVMA Inc. did.
Motion by Mayor Pro Tem O'Neill seconded by Council Member Duffield, 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) approve $20,000 in funding support for the Balboa
Island Marketing, Inc. for Fiscal Year 2019-20 and encourage them to apply for Special Event Support
Program funding next year; and c) authorize the City Manager to execute a grant agreement with the
Balboa Island Marketing, Inc. for Fiscal Year 2019-20.
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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.
Lindsay 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 Council's Decision on May 28, 2019 to Approve the Application
for a Reconfigured Residential Dock at 939 Via Lido Soud [100-20191
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 Mayor 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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Hearing no further testimony, Mayor Dixon closed the public hearing.
Council Member Avery noted the City will be trying to make the standards uniform in the Harbor, but
cannot ask current dock owners to change their dock configuration, believed a system is needed to check
dock sizes before home purchases are final, and indicated he will be supporting the motion but feels
this issue needs to be contained.
Council Member Brenner indicated she will be abstaining in deference to the Harbor Commission.
With Council Member Brenner abstaining, the motion carried 6-0-1.
19. Public Hearing, Adopt a Resolution to Confirm the Levying of Assessments, and Appointing
the Advisory Board of Directors for the Corona del Mar Business Improvement District's
Fiscal Year 2019-20 [100-2019]
Administrative Analyst Locey explained the annual renewal process and confirmed no protests were
received.
Mayor Dixon opened the public hearing.
Jim Mosher discussed his myths about BIDS relative to State law, the 1989 BID law, that BIDs are
areas, BIDs do not need to be renewed annually, and how the Board of Directors are appointed.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Motion by Council Member Duffield seconded by Council Member Herdman, to a) adopt
Resolution No. 2019-60, A Resolution of the City Council of the City of Newport Beach, California,
Confirming the Levying of Assessments for the Fiscal Year of July 1, 2019 to June 30, 2020 for the
Corona del Mar Business Improvement District, since the protests represented less than 50 percent of
the total assessment amount; b) 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 c) appoint
the following Corona del Mar Business Improvement District members to serve as the Corona del Mar
Business Improvement District's Advisory Board of Directors for Fiscal Year 2019-2020: Ernie
Caponera, Newport Properties; Keith Dawson, Dawson & Dawson; Edward Hanley, Hanley Investment
Group; Hamid Kianipur, 76 Gas Station; Scott LaFleur, representing Cafe Jardin; Scott Laidlaw,
Laidlaw Schultz Architects; Shawn Lim, Rose Bakery Cafe; Jasmin Mortazavi, Mathnasium; and
Bernie Svalstad, Upland Stor King.
With Mayor Pro Tem O'Neill and Council Member Muldoon voting no, the motion carried 5-2.
20. Public Hearing, Adopt a Resolution to Confirm the Levying of Assessments, and
Appointment of the Advisory Board of Directors for the Newport Beach Restaurant
Association Business Improvement District's Fiscal Year 2019-20 [100-20191
Administrative Analyst Franceschini provided a brief report and City Clerk Brown confirmed no
protests were received.
Mayor Dixon opened the public hearing.
Hoiyin Ip utilized a PowerPoint presentation to encourage creating an environmental program that
would include banning plastic in restaurants.
Jim Walker noted no protests were received and requested Council support.
Hearing no further testimony, Mayor Dixon closed the public hearing.
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Motion by Council Member Herdman, seconded by Council Member Brenner, to a) adopt
Resolution No. 2019-61, A Resolution of the City Council of the City of Newport Beach, California,
Confirming the Levying of Assessment for the Fiscal Year of July 1, 2019 to June 30, 2020 for the
Newport Beach Restaurant Association Business Improvement District, since the protests represented
less than 50 percent of the total assessment amount; b) 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 c) appoint the following Newport Beach Restaurant Association Business
Improvement District members to serve as the Newport Beach Restaurant Association Business
Improvement District's Advisory Board of Directors for Fiscal Year 2019-2020: Phil Crowley, Modo Mio;
Thaddeus Foret, The Winery Restaurant and Bar; Juan Carlos Godinez, On the Rocks Bar & Grill;
Matthew Meddock, Sessions West Coast Deli; Jordan Otterbein, A Restaurant and A Market; Kenyon
Paar, Five Crowns; Eunjoo Pluenneke, Balboa Lily's; Christopher Roman, Fork, Knife + Spoon; Talia
Samuels, Moulin; Ron Schwartz, Muldoon's Irish Pub; Jim Walker, The Bungalow Restaurant.
With Mayor Pro Tem O'Neill voting no, the motion carried 6-1.
XVIII. CURRENT BUSINESS
Without objection, Item 25 was considered first under Current Business.
25. Addition of One Full -Time Police Officer Position [100-20191
Mayor Dixon utilized a PowerPoint presentation to discuss her reasons for requesting an additional
Police Officer position, which included crime statistics in Newport Beach and surrounding cities, the
possible reasons for the increase in crime, the current department staffing levels, the attrition rates,
costs involved in hiring an additional officer, California's safest cities (Newport Beach is number 38 of
50), and quotes from District Attorney Todd Spitzer and Orange County Supervisor Don Wagner.
Motion by Mayor Dixon, seconded by Council Member Herdman, to a) determine this action is
exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and
15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the
environment, directly or indirectly; b) approve addition of one Police Officer FTE to the Police
Department Patrol Division; and c) authorize Finance Department staff to execute an administrative
budget amendment appropriating $136,555.30 in the Patrol Division's salary and benefit accounts and
$10,000.00 in uniforms and equipment in the Fiscal Year 2019-20 budget.
Mayor Pro Tem O'Neill believed that one of the prime directives of the City Council is public safety,
but indicated he could not support adding another position at this time. He utilized a PowerPoint
presentation to explain his reasons for not supporting an additional officer position, which included
Newport Beach crime statistics, calls for service and ABC Licenses, a 2018 area comparison of Part 1
crimes, department staffing levels since 2010, Newport Beach Police Department budget comparison
with other Orange County cities' general funds, PERS funding statistics, and the economy inverted
yield curve. He suggested using the allocated funds for the proposed position towards overtime,
believing this would save the City from having to add to the pension deficit by adding another
permanent position..
Council Member Muldoon voiced his concerns about the State distorting crime numbers and passing
propositions that are adding to crime rates. He believed the Council's job is to see trends on the horizon
and supports adding one position, but prefers allowing the Police Chief to make the decision on where
the position is needed. He agreed with Council Member Brenner that Council should be aspiring for
lower crime rates.
Council Member Duffield concurred with Mayor Pro Tem O'Neill on using the proposed funds for
overtime instead of adding another position and expressed concern regarding the length of time it would
take to hire another officer when the need is great right now.
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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 friendly 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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In response to Mayor Pro Tem O'Neill's question, Council Member Brenner confirmed that Arlene Greer
asked to serve for only one year but, due to the City Charter, would end up being appointed to a four-
year term.
Motion by Mavor Pro Tem O'Neill, seconded by Council Member Herdman, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) make appointments pursuant to City Council
Policy A-2 (Boards, Commissions and Committees).
The motion carried unanimously.
City Clerk Brown read the ballot votes for the Board of Library Trustees as follows:
Janet Ray — Avery, Brenner, Dixon, Duffield, Herdman, Muldoon, O'Neill
Barbara Glabman — Avery, Brenner, Dixon, Duffield, Herdman, O'Neill
Ash Kumra — Muldoon
City Clerk Brown announced that Janet Ray was reappointed and Barbara Glabman was appointed to
the Board of Library Trustees for a four-year term.
City Clerk Brown read the ballot votes for the Building and Fire Board of Appeals as follows:
Robert Ahlke — Brenner, Dixon, Duffield, Herdman, Muldoon, O'Neill
Crystal Chavez -Jones — Avery
City Clerk Brown announced that Robert Ahlke was reappointed to the Building and Fire Board of
Appeals for a four-year term.
City Clerk Brown read the ballot votes for the City Arts Commission as follows:
Arlene Greer — Avery, Brenner, Dixon, Duffield, Herdman, Muldoon, O'Neill
City Clerk Brown announced that Arlene Greer was reappointed to the City Arts Commission for a
four-year term.
City Clerk Brown read the ballot vote for the Civil Service Board as follows:
Maiqual (Mike) Talbot — Avery, Brenner, Dixon, Duffield, Herdman, Muldoon, O'Neill
City Clerk Brown announced that Maiqual (Mike) Talbot was appointed to the Civil Service Board for
a four-year term.
City Clerk Brown read the ballot votes for the Harbor Commission as follows:
Marie Marston — Avery, Brenner, Dixon, Duffield, Herdman, Muldoon, O'Neill
Steve Scully — Avery, Dixon, Duffield, Muldoon
Renee West — Brenner, Herdman, O'Neill
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Avery, to appoint Marie
Marston to the Harbor Commission for a term ending June 30, 2023, and Steve Scully to the Harbor
Commission with a term ending June 30, 2021.
The motion carried unanimously.
City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission as follows:
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Laird Hayes — Avery, Brenner, Dixon, Duffield, Herdman, Muldoon, O'Neill
Cynthia Sender — Dixon
Kate Malouf — Avery, Brenner, Duffield, Herdman, Muldoon, O'Neill
City Clerk Brown announced that Laird Hayes was reappointed and Kate Malouf was appointed to the
Parks, Beaches and Recreation Commission for four-year terms.
City Clerk Brown read the ballot votes for the Planning Commission as follows:
Sara Klaustermeier — Avery, Brenner, Dixon, Duffield, Herdman, Muldoon, O'Neill
Alex Chazen — Brenner, Dixon, Herdman
Mark Rosene — Avery, Duffield, Muldoon, O'Neill
City Clerk Brown announced that Sara Klaustermeier and Mark Rosene were appointed to the
Planning Commission for four year terms.
22. Resolution No. 2019-62: Underground Utility Assessment District No. 116 — Authorization of
Limited Obligation Improvement Bonds (C-7572-4 & C-7572-5) [381100-2019]
Council Member Muldoon recused himself due to business interest conflicts and City Clerk
Brown recused herself due to real property interest conflicts.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Duffield, 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 Resolution No. 2019-62, AResolution of the
City Council of the City of Newport Beach, California, Authorizing and Providing for the Issuance of
Bonds Pursuant to the Provisions of the Improvement Bond Act of 1915 for City of Newport Beach
Assessment District No. 116 and Approving Certain Documents and Authorizing Certain Actions in
Connection Therewith; and c) authorize the City Manager and or designee to take any and all actions
necessary to execute and deliver any and all documents deemed necessary or advisable in consultation
with the City Attorney and Bond Counsel in order to carry out the intent of this resolution, the Fiscal
Agent Agreement and the Bond Purchase Agreement.
With Council Member Muldoon recusing himself, the motion carried 6-0.
23. Resolution No. 2019-63: Underground Utility Assessment District No. 116B — Authorization
of Limited Obligation Improvement Bonds (C-7572-6 & C-7572-7) [381100-2019]
Council Member Muldoon recused himself due to business interest conflicts.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; b) adopt Resolution No. 2019-63, A Resolution of the
City Council of the City of Newport Beach, California, Authorizing and Providing for the Issuance of
Bonds Pursuant to the Provisions of the Improvement Bond Act of 1915 for City of Newport Beach
Assessment District No. 116B and Approving Certain Documents and Authorizing Certain Actions in
Connection Therewith; and c) authorize the City Manager and or designee to take any and all actions
necessary to execute and deliver any and all documents deemed necessary or advisable in consultation
with the City Attorney and Bond Counsel in order to carry out the intent of this resolution, the Fiscal
Agent Agreement and the Bond Purchase Agreement.
With Council Member Muldoon recusing himself, the motion carried 6-0.
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24. Resolution No. 2019-64: City Council Policy Manual Update - H-1 (Harbor Permit Policy)
[100-20191
Council Member Duffield recused himself due to business interest conflicts.
Administrative Manager Miller, Mayor Pro Tem O'Neill, and Mayor Dixon provided a brief explanation
of the policy history.
Sherman Stacey discussed concerns with the policy amendment process and requested the permit issue
date be amended.
Jim Mosher expressed his support for the policy amendments, but asked for clarification on the appeal
process, and questioned why Council would approve the policy and then send it to the Harbor
Commission for review after the fact.
Mayor Pro Tem O'Neill confirmed that five factors would be analyzed by the Harbor Commission and
reviewed by the City Council if there was an appeal and confirmed with City Attorney Harp that the
permit issue date in Resolution No. 2019-64 should be changed to June 26, 2019.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Avery, to a) find that the
action is exempt from the California Environmental Quality Act C'CE"') pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, Code of Regulations, Title 14, Chapter 3 because
it will not result in a physical change to the environment, directly or indirectly; b) adopt amended
Resolution No. 2019-64, A Resolution of the City Council of the City of Newport Beach, California,
Adopting Revised City Council Policy H-1; and c) direct the Harbor Commission to review the revised
City Council Policy H-1 and to make recommendations to the City Council regarding any proposed
revisions thereto.
With Council Member Duffield recusing himself, the motion carried 6-0.
26. Discussed before Consent Calendar
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 10:54 p.m. in memory of former Mayor and Council Member
John Cox
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 June 20,
2019, at 4:00 p.m.
Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
Cf'1
nnum �' d
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