HomeMy WebLinkAbout01 - MinutesNovember 27, 2018
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Study Session and Regular Meeting
November 13, 2018
I. ROLL CALL - 4:00 p.m.
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman,
Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield
Absent: Council Member Kevin Muldoon (excused)
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Recognition from Yellow Ribbon America for the City's Continued Support of
Operation Christmas for Our Troops and Their Families
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Avery, to allow Yellow
Ribbon America to recognize the City for its continued support of Operation Christmas for Our
Troops and Their Families.
The motion carried by the following roll call vo
Ayes: Council Member Herdman, Council Member Dixon, Council Member Peotter, Council
Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
Absent: Council Member Muldoon
Brad White, representing Yellow Ribbon America, thanked the City for its support, presented
the Flag of Honor to the City of Newport Beach, invited the City Council to the 163rd Ordnance
Company, U.S. Army Reserve, Christmas party at Knott's Berry Farm on December 9, 2018,
and provided them with yellow ribbon lapel pins.
City Clerk Brown announced that donations will be accepted in the City Clerk's Office and
OASIS Senior Center from November 23 to December 20, 2018.
SS3. Sidewalk Vendor Ordinance
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Community Development Director Jurjis, Associate Planner Zdeba and License Supervisor
Navarette utilized a PowerPoint presentation to explain what a sidewalk vendor is and current
City prohibitions, discuss Senate Bill 946, list what the State allows cities to regulate, highlight
proposed Newport Beach Municipal Code (NBMC) Section 5.97, discuss the permit requirement,
permitted hours, prohibited locations and the reasons the locations are prohibited, highlight
distancing restrictions and park restrictions, and discuss enforcement, penalties and the appeal
process. City Attorney Harp reported on why the Lifeguard Headquarters has a distancing
restriction.
In response to Council questions, Community Development Director Jurjis, Associate Planner
Zdeba, and City Attorney Harp confirmed the permitted vending hours in residential areas
matches allowed solicitation hours, vending is not permitted on beaches, and the Police
Department could respond to any weekends calls; highlighted the maximum allowed cart
dimensions, discussed sound regulations, the number of vendors per cart, requirement to display
the vendor permit and separation of 100 feet between vendors, and limitations on what is
allowed to be sold; discussed the January 1, 2019 deadline; noted residential areas will most
likely only have roaming vendors, not stationary vendors; and highlighted the proposed permit
revocation process.
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City Attorney Harp indicated that the hours of solicitation and vending can be revisited at a
future meeting. Further, there is no urgency to adopt the ordinance, but if the ordinance is not
in effect on January 1, 2019, the City would not have any regulations in place. He also explained
the difference between the permit process and requiring a business license.
Discussion ensued relative to using "boardwalk" to describe the walkways around Balboa Island
and the ocean walk on Balboa Peninsula.
Community Development Director Jurjis reported that drafting the proposed ordinance involved
almost every department in the City. He thanked Associate Planner Zdeba, License Supervisor
Navarette, the Public Works Department, and the City Attorney's Office for their assistance.
City Attorney Harp indicated the Senate Bill came about due to how the City of Los Angeles
was interacting with street vendors.
Jim Mosher noted the Coastal Land Use Plan refers to the Balboa Island walkway as the
Bayfront boardwalk, believed the list of parks is incomplete and inaccurate, took issue that the
ordinance was drafted without Council or public input, is not sure staff's interpretation of
SB 946 is correct, believed beaches are pathways, questioned the reason for not allowing vendors
at the Civic Center, believed specifying a maximum cart dimension is restrictive, and noted
Los Angeles' ordinance is different than the draft ordinance.
David Tanner discussed vendors in Ensenada and believed tVity could learn from them and
how the new ordinance could impact residential areas.
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Unidentified speaker/Balboa Village business owner expressed concerns for the businesses and
pedestrian traffic if vendors were allowed on Edgewater Place, questioned the vendors use of
electricity or generators, noted vendors do not pay rent, and believed vendors should be
prohibited from the Fun Zone area.
In response to public comments, City Attorney Harp reported vendors are prohibited from the
Civic Center campus since it houses the Fire Department's Headquarters, their equipment, and
the Emergency Operation Center (EOC). Regarding the concern about electricity, he noted
vendors are prohibited from using City or private outlets. Council Member Avery indicated he
does not feel like he was not involved or is not setting policy, and assured everyone this can be
tailored later, if needed. Associate Planner Zdeba noted vendors are prohibited from being
25 feet from business entrances due to ingress/egress and for Americans with Disabilities Act
(ADA) access.
SS4. Accessory Dwelling Units
Out of an abundance of caution, Council Member Avery recused himself due to real
property interests that may in the future be subject to an Accessory Dwelling Unit
(AD U).
Community Development Director Jurjis and Senior Planner Murillo, utilizing a PowerPoint
presentation, described conversion and new construction ADUs, changes in State law, reasons
to adopt an ordinance, conversion standards, properties eligible for conversions, new
construction standards and restrictions on the types of changes that can be made by cities;
discussed limitations due to bus lines and lot size restrictions; displayed maps of ADUs by
Council District; explained why 5,000 square foot lots were used; and reviewed the nine
applications received thus far to build ADUs, what other cities are doing, the City's Zoning Code
(Title 20) and Local Coastal Program (Title 21), and recommendations.
In response to Council Member Dixon's questions, Senior Planner Murillo confirmed ADU
requirements would not affect homeowner associations if they are governed by Covenants,
Conditions and Restrictions (CC&Rs). He also reviewed the ADU restriction near public transit
and displayed a map of how that would affect the Peninsula.
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Jim Mosher remarked that CC&Rs and HOAs are not the same, the City is unable to enforce
CC&R issues and believed this should be clarified in the presentation, and questioned the
introduction or reintroduction of the ordinance with California Coastal Committee (CCC)
modifications.
David Tanner discussed AB 494, SB 2299 and the proposed ordinance, indicated he is not in
support of these bills but supports the proposed ordinance, and questioned how this is going to
impact the health and safety of the community.
In response to Mayor Pro Tem O'Neill's question, Senior Planner Murillo explained this issue
would involve two ordinances, one dealing with zoning codes and one with approved
modifications from the CCC.
III. PUBLIC COMMENTS
Jim Mosher discussed his concerns regarding Item IV.B and a letter sent to the City from California
River Watch, and requested Council reconsider Ordinance No. 2018-18.
City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the
items listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter .�
Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant
City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators.
Employee Organizations: Newport BeRh 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); and Part Time Employees Association of Newport Beach (PTEANB).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9 (d)(2)(e)(3)): 1 matter
On January 22, 2018, California River Watch sent the City of Newport Beach a Notice of Intent to
File Suit Under the Federal Water Pollution Control Act (Clean Water Act, 33 U.S.C. § 1251 et seq.).
A copy of the Notice is available for public inspection at the City Clerk's Office, located at 100 Civic
Center Drive, Newport Beach, California 92660.
V. RECESSED - 5:40 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman,
Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill,
Mayor Duffy Duffield
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VIII. CLOSED SESSION REPORT
Regarding Item IV.B, City Attorney Harp reported the City Council authorized the City Manager to
execute a settlement agreement with California River Watch and highlighted the terms. He indicated
the motion was made by Mayor Pro Tem O'Neill, seconded by Council Member Avery, and passed
unanimously 6-0, with Council Member Muldoon being absent.
IX. INVOCATION - Reverend Joy Price, Christ Church By The Sea
X. PLEDGE OF ALLEGIANCE - Council Member Dixon
XI. NOTICE TO THE PUBLIC
XII
Without objection, Mayor Duffield combined Items XII and XVIII.
COMMITTEE ACTIVITIES
Council Member Avery:
• Attended the Eagle Scout ceremony of his Newport Harbor igh School mentee, and a Veterans
Day barbecue on Balboa Island with Council Member Herdman and his wife
• Displayed a slide regarding updates on the West Coast Highway Landscaping Improvements
Council Member Dixon: _
• Displayed slides to announce the United Way of Orange County's efforts to end homelessness and
gave an update on what the City is doing to address the homeless population, and commended Ernie
Schroeder for his efforts in providing apartments for homelessness
• Congratulated the Newport Beach Foundation for a successful leadership event on October 24,
2018, at the Newport Harbor Yacht Club
• Attended the Newport Beach Historical Socie 's presentation on the history of the boat parade
• Announced that City Manager Leung would be speaking at Speak Up Newport on November 14,
2018, in the Civic Center Community Room
• Reported the City would be scheduling another shredding event in December or January
Council Member Herdman:
• Attended the Newport Harbor High School Grandparents Day, the Irvine Terrace Homeowners
Association's annual meeting
• Provided an update from the Aviation Committee and Water Quality/Coastal Tidelands Committee
meetings he attended, and commended Council Member Avery for his leadership as Chair of the
Water Quality/Coastal Tidelands Committee
• Announced the Public Works Department will be installing grab bars on the sea wall extension
Council Member Muldoon:
• Provided an update on the Newport Beach Fire Department's involvement in the California
wildfires and commended Fire Chief Duncan and all the firefighters for their brave efforts
Mayor Pro Tem O'Neill:
• Attended the Citizen of the Year event recognizing Debbie Snavely, the Boys and Girls Club event
announcing the renovations of several facilities, including the Newport Beach location, and the
Office of Intergovernmental Affairs conference in Washington, D.C. where he had the opportunity
to hear President Trump speak
• Wished a Happy 73rd Wedding Anniversary to Tom and Jean Naughton and Happy Birthday to
Jack Callahan
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Mayor Duffield:
• Attended an Ocean Protection Committee meeting in Santa Cruz, discussed the details about a trash
collecting machine that will be installed at San Diego Creek and thanked Senior Civil Engineer
Kappeler and volunteer Billy Benton for all their efforts on making this project successful
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 23, 2018, 2018 City Council Meeting [100-2018]
Waive reading of subject minutes, approve as written, and order filed.
Mayor Pro Tem O'Neill recused himself on Item 1 since he was not in attendance at the
October 23, 2018 meeting.
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
y
3. Second Reading and Adoption of Ordinance No. 2018-16, Amending Title 21, Local Coastal
Program Implementation Plan [100-2018]
a) Find the action statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3
of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements
of preparing an environmental impact report or otherwise complying with CEQA in connection
with the adoption of a Local Coastal Program; and
b) Conduct second reading and adopt Ordinance No. 2018-16, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Title 21 of the Newport Beach Municipal Code
to Approve Local Coastal Program Amendment No. LC2017-002, as Modified by the California
Coastal Commission (PA2017-047).
RESOLUTIONS FOR ADOPTION
4. Resolutions Approving Submittal of Grant Funding Applications Under Orange County
Transportation Authority (OCTA) Comprehensive Transportation Funding Program
(CTFP) (C-8574-2) [38/100-2018]
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;
b) Adopt Resolution No. 2018-76, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Submittal of a Funding Application for an Arterial Capacity
Enhancement Project to the Orange County Transportation Authority for Funding Under the
Comprehensive Transportation Funding Program, for the Old Newport Boulevard and West
Coast Highway Improvement Project; and
c) Adopt Resolution No. 2018-77, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Submittal of a Funding Application for an Intersection Capacity
Enhancement Project to the Orange County Transportation Authority for Funding Under the
Comprehensive Transportation Funding Program, for the West Coast Highway and Superior
Avenue/Balboa Boulevard Intersection Improvement Project.
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5. Approval of Measure M2 Expenditure Report [100-20181
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2018-78, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the
Fiscal Year Ending June 30, 2018.
CONTRACTS AND AGREEMENTS
6. Approval of Cooperative Agreement No. C-8-1898 with the Orange County Transportation
Authority for the Bicycle and Pedestrian Bridge across Superior Avenue (15T09) (C-8575-
1) [38/100-20181
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Cooperative Agreement No. C-8-1898 between OCTA and the City of Newport Beach
for the Bicycle and Pedestrian Bridge across Superior Avenu .
7. Median Landscape Turf Replacement — Jamboree Road from Ford Road to University
Drive — Award of Contract No. 8151-2 (16L02) [38/100-2018]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) (reconstruction of existing facility 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 drawings and specifications-
c)
pecificationsc) Recognize Conserve LandCare as the lowest responsive bidder based on the base bid plus all
additive bid items and award Contract No. 8151-2 to Conserve LandCare for the base bid price
of $381,147.05 plus additive bid items 27, 28, 29 to add artificial rocks for $45,760.00, and
additive bid items 31, 32, 33, 34, and 35 to upsize plant material for $74,182.56, for a total
contract price of $501,089.61, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a $50,000.00 (approximately 10 percent) contingency to cover the cost of unforeseen
work not included in the original contract; and
e) Approve Budget Amendment No. 19BA-015 recognizing $128,142.00 in new rebate revenue from
the Municipal Water District of Orange County (Revenue Account No. 13801-431430) and
appropriating $225,000.00 (new and existing rebates) to Account No. 13801-980000-16L02 for
Median Landscape Turf Replacement.
8. Street Pavement Repair Project — Award of Contract No. 7442-1 (19R03) [38/100-20181
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no expansion
of capacity) of the CEQA Guidelines, because this project has no potential to have a significant
effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7442-1 to EBS General Engineering, Inc. for the total bid amount of
$422,630.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $42,000.00 (approximately 10%) to cover the cost of unforeseen work
not included in the bid price.
9. Pulled from the Consent Calendar
MISCELLANEOUS
10. Planning Commission Agenda for the November 8, 2018 Meeting [100-2018]
Receive and file.
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11. Accept the 2017 Emergency Management Performance Grant (C-8075-4) [100-20181
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly
b) Accept the grant funding in the amount of $12,271 to be used in support of the City's emergency
management program; and
c) Approve Budget Amendment No. 19BA-017 to accept grant funds from the Federal Emergency
Management Agency (FEMA) through the County of Orange, and increase expenditures
appropriations by $12,271 in account 0103511-821005.
12. Confirmation of Nominations to Fill the Vacancy on the Planning Commission [24/100-
20181
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Confirm the nominations of Chris Chewens, Curtis Ell Sarah Klaustermeier and Debbie
Stevens to fill the vacancy on the Planning Commiss a term which expires on June 30,
2020.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the
Consent Calendar, except for Item 9; and noting the abstention by Mayor Pro Tem O'Neill on Item 1.
The motion carried by the following roll call vote:
A
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member
Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
XV. ITEM REMOVED FROM THE CONSENT CALENDAR
9. Balboa Village Streetscape Improvements -Award of Contract No. 7489-1 (171111) [38/100-
20181
Acting City Engineer Sinacori utilized a PowerPoint presentation to discuss the Balboa Village
Master Plan, the details of the contract, including the total project cost and the funding source.
Council Member Peotter voiced his concerns about the cost of the project and the need for continued
maintenance. '
Motion by Council Member Dixon, seconded by Council Member Herdman, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c)
(reconstruction of existing facility 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 drawings and specifications; c) award
Contract No. 7489-1 to Optima RPM for the total bid price of $672,880.72, and authorize the Mayor
and City Clerk to execute the contract; d) approve Budget Amendment No. 19BA-016 appropriating
$181,000.00 from the unappropriated Balboa Village Parking Management fund balance to Account
No. 53501-980000-17R11 and $230,000.00 from the unappropriated Measure M Fair Share fund
balance to Account No.12201-980000-17R11 for the Balboa Village Streetscape Improvements
project; and e) establish $33,000.00 (approximately 5 percent) contingency amount to cover the cost
of unforeseen work not included in the original contract.
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
Nays: Council Member Peotter
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XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Ryan Reza Farsai discussed his experience with the Los Angeles City Council, his homeowners
association, and the City of Mission Viejo, and reviewed the history of Veterans Day.
David Tanner referenced the current California fires, expressed concern for the state of the City's
emergency preparedness, and requested the City review the emergency preparedness and recovery plan
to assure citizens they are safe from these types of events.
Ruth Kobayashi thanked Council for their service to the community, along with the City's Fire
Department for their efforts with the wildfires, and discussed a new program from Stanford she is
involved with at Corona del Mar High School that is addressing the current school climate and mental
health issues.
Jim Mosher requested Council reconsider Ordinance No. 2018-18 regarding the Harbor speed limit.
Ann Ayres thanked Council for their service to the City, discussed her disappointment that the Planning
Commission granted a Conditional Use Permit (CUP) for another auto dealership along Mariners Mile,
and indicated citizens are interested in the Planning Commission appointment (Item 12) and requested
Council listen to them regarding the appointment.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVIII. CURRENT BUSINESS
13. An Ordinance Creating a Sidewalkg Program in Compliance with California
Senate Bill 946 [100-2018)
Community Development Director Jurjis indicated a presentation was given during study session
and listed comments from Council pertaining to the hours of solicitation in residential areas and
regarding identification of the Peninsula and Balboa Island boardwalks.
Ruth Kobayashi requested additional clarification be provided to assist residents understand
exactly where Jhey can expect vendors and asked that staff also review the restrictions on
panhandlers in the area.
Jim Mosher expressed conc6rns regarding the adoption of ordinances, prohibiting vendors at the
Civic Center, the economic competition vendors will have with Balboa Village merchants, and not
allowing vendors to move their carts off the sidewalk to get out of the way of pedestrians.
In response to Mayor Pro Tem O'Neill's question, Community Development Director Jurjis
confirmed that economic competition was not the motivation for this ordinance.
Associate Planner Zdeba, utilized a PowerPoint presentation to highlight the areas where vendors
are prohibited and discussed the reasons for additional restrictions.
In response to Council questions, City Attorney Harp provided a brief background on SB 946, how
the City is complying with it by adopting a vendor program, the difference between a stationery
vendor and a roaming vendor, and the allowable size of the vending carts, and confirmed why area
restrictions are being established. Associate Planner Zdeba explained the resources residents will
have to ensure vending cart regulations are being followed, discussed the visible permit
requirements and the administration citation process, and provided a code enforcement's phone
number (949-644-3215). Community Development Director Jurjis explained Central Library and
City Hall were looked at by staff as part of the Civic Center and, therefore, the same restrictions
would apply to both.
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Council Member Muldoon requested this item come back in the future if problems with vendors on
residential streets arise.
In response to Council Member Dixon's questions, Community Development Director Jurjis pointed
out a portion of Edgewater Place is private property, reiterated the ordinance precludes any vendor
within 25 feet of a business entrance due to egress and wheelchair access, and confirmed the City's
revenue division will be handling the permitting side of the program and Code Enforcement will be
handling site visits.
Council Member Avery assured everyone that Council would revisit this and make any needed
adjustments once public feedback is collected.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Peotter, to a) find this
action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) waive full reading, direct the City Clerk to
read by title only, introduce amended Ordinance No. 2018-19, An Ordinance of the City Council of
the City of Newport Beach, California, Creating a Program to Regulate and Permit Sidewalk Vending
Pursuant to California Senate Bill 946, and pass to second reading on November 27, 2018.
The motion carried by the following roll call vote: 1 0,; 10
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
XIX. MOTION FOR RECONSIDERATION
Council Member Avery explained his reasons for requesting a motion for reconsideration of Ordinance
No. 2018-17 and Ordinance No. 2018-18. .
Motion by Council Member Avery, seconded by Council Member Muldoon, to bring back
Item 3 (Second Reading and Adoption of Ordinance No. 2018 -17 -Amending Titles 1 and 17 Related to
the Harbor Department) and Item 4 (Second Reading and Adoption of Ordinance No. 2018-18 -
Amending Newport Municipal Code Title 17, Pertaining to Vessel Speed Limits) from the October 23,
2018 City Council Meeting.
City Attorney Harp suggested Mayor Duffield and possibly Council Member Peotter recuse themselves
from this item since they recused themselves during the October 23, 2019 City Council meeting.
Mayor Duffield recused himself due to business interest conflicts.
Council Member Peotter recused himself since he was not in attendance at the October 9, 2018
meeting and did not hear the public testimony.
Jim Mosher thanked Council Member Avery for requesting the reconsideration.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Avery, Mayor Pro Tem O'Neill
Recused: Council Member Peotter, Mayor Duffield
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November 13, 2018
XXI. ADJOURNMENT - Adjourned at 8:16 p.m. in memory of Newport Beach Police Department
Reserve Officer Steve Schogel
The agenda and amended agenda were 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 November 8, 2018, at 4:00 p.m. and November 9, 2018, at 1:45 p.m.,
respectively.
Leilani I. Brown
City Clerk
Marshall "Duffy" Duffield
Mayor
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