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Home My WebLink About12/12/2017 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 12, 2017 I. ROLL CALL - 6:00 p.m. Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Will O'Neill, Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon H. PUBLIC COMMENTS Ronnie Weinstein, President of the Dover Shores Homeowners Association and founding member of Citizens Against Airport Noise and Pollution, referenced the Closed Session item and requested to meet with Council to discuss the group's concerns. He believed the City's health, well-being, and quality of life are not being addressed during mediation. Marsha Kendall, Citizens Against Airport Noise and Pollution, believed the court is requiring the Federal Aviation Administration (FAA) to listen to and communicate with citizens after the success of the Phoenix and Point Loma lawsuits. Anita Brown, Citizens Against Airport Noise and Pollution, believed the airlines knew the temporary noise monitors were being used on Monday and Tuesday and, therefore, flew higher in order to generate less noise. Julie Johnson, Citizens Against Airport Noise and Pollution, expressed concern for the health of her children since Corona del Mar High School is under the flight path, believed the Closed Session item is an environmental lawsuit, and requested that the City not settle until the planes are required to fly at higher altitudes. She provided the group's mission statement. City Manager Kiff indicated the airlines did not know about the temporary noise monitors, but was unsure why the planes were flying at higher altitudes. He noted that the departure patterns have changed. Council Member Herdman added that the aggressive letter writing campaign to the airlines may have had a positive effect. Mayor Muldoon encouraged the group to work with the City and join the effort, but noted the current litigation is not a fix -all. City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the item as listed in the Closed Session agenda and read the title. III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(1)): 1 matter City of Newport Beach u. United States Federal Auiation Administration et al. United States Court of Appeals for the District of Columbia Circuit Case Number 17-1008 IV. RECESSED - 6:10 p.m. V. RECONVENED AT 6:30 P.M. FOR REGULAR MEETING Volume 63 - Page 412 City of Newport Beach Regular Meeting December 12, 2017 VI. ROLL CALL Present: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Will O'Neill, Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon VII. CLOSED SESSION REPORT - None VIII. INVOCATION - Council Member Peotter IX. PLEDGE OF ALLEGIANCE - Council Member O'Neill X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) Council Member O'Neill: • Announced that the Newport Coast Community Center hosted a day with Santa, he and Council Member Dixon judged the YMCA Youth in Government event last week, the Boat Parade begins December 13, and the Boat Parade family event will be held at Marina Park on December 15 Council Member Dixon: • Displayed a PowerPoint presentation to announce the Central Avenue Pier ribbon cutting ceremony on December 13 at noon, and the Island Avenue seawall dedication • Announced that the library received the Star Library Award for 2017 Council Member Herdman: • Attended the Municipal Operations Department holiday luncheon last week with Council Member Dixon and Mayor Pro Tem Duffield, and recognized Municipal Operations Director Murdoch's retirement Mayor Muldoon: • Provided information about the Operation Christmas campaign through the City Clerk's Office • Recognized businessman Mario Marovic for his dedication to the community • Read and presented a proclamation to Municipal Operations Director Murdoch on his retirement XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA Consideration of a review and update of regulations on passenger charter vessels in Newport Harbor, to address the size of vessels, parking, amplified noise, water quality and the City's enforcement practices (Dixon) Mayor Pro Tem Duffield recused himself due to business interests. The City Council unanimously concurred to place the matter on a future agenda. XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 3 (Newport Banning Ranch Repeal Ordinance Adoption), Jim Mosher discussed inconsistencies between the City's General Plan map and the County's Master Plan of Arterial Highways, specifically as it relates to the 19th Street Bridge and the road through Banning Ranch from 17th Street and connecting to a 15th Street extension. Regarding Item 4 (Planning Commission Agenda for the December 7, 2017 Meeting), he noted he provided written comments and expressed hope that the item he referenced would be called up for review by one of the Council Members in order to not impede views of the Cove. Volume 63 - Page 413 City of Newport Beach Regular Meeting December 12, 2017 Regarding Item 3, Steve Ray, Executive Director of the Banning Ranch Conservancy, thanked Council for adopting the ordinance, emphasized that none of the current Council Members were seated when the action was approved, clarified the proposed project, reiterated that the goal is to acquire the property, and requested a partnership with the City. Regarding Item 3, Terry Welsh, President of the Banning Ranch Conservancy, expressed hope that Council prioritize the acquisition of Banning Ranch as an open space amenity and offered support to make it a team effort. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 28, 2017 City Council Meeting [100-2017] 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. Newport Banning Ranch Repeal Ordinance Adoption [100-2017] a) Determine that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. In addition, determine that this action is not a project under CEQA because it is a ministerial action. (Pub. Resources Code, § 21080, subd. (b)(1).); and b) Conduct second reading and adopt Ordinance No. 2017-17, An Ordinance of the City Council of the City of Newport Beach, California, Repealing All Approvals for the Newport Banning Ranch Planned Community Project (PA2008-114). MISCELLANEOUS 4. Planning Commission Agenda for the December 7, 2017 Meeting [100-2017] Receive and file. Motion by Mayor Pro Tem Duffield, seconded by Council Member Peotter, to approve the Consent Calendar. The motion carried by the following roll call vote: Ayes: Council Member Jeff Herdman, Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS -None XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XVIII. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 7:08 P.M. Volume 63 - Page 414 City of Newport Beach Regular Meeting December 12, 2017 5. Presentation of Certificate of Recognition to Mayor Muldoon by District Director Tim Whitacre, on behalf of Chairwoman of the Board of Supervisors Michelle Steele District Director Whitacre read and presented Mayor Muldoon with a certificate, and commended the entire City Council. 6. Presentation of Gavel Plaque to Outgoing Mayor Kevin Muldoon and Remarks by Outgoing Mayor Mayor Pro Tem Duffield presented Mayor Muldoon with a gavel plaque. Mayor Muldoon thanked his wife, Council colleagues, staff, and citizens; expressed his honor of serving as the Mayor; and read thank you letters from 2nd grade students about what they liked most about Newport Beach. He urged everyone to treat each other with love and respect. 7. Election of Mayor City Clerk Brown, in presiding, placed all members of the City Council on an equal basis to nominate and elect. Council Member Peotter nominated Council Member Duffield for the position of Mayor. Motion by Council Member Peotter. seconded by Council Member O'Neill, to close nominations. The motion carried without objection. Interested parties were invited to address the City Council. There being none, public comments were closed. City Clerk Brown asked if there was any further discussion relative to the nomination for Mayor. There being no further discussion, City Clerk Brown conducted oral votes for the Mayor seat. Without objection, Council Member Duffield was selected as the Mayor of the City of Newport Beach for 2018. Mayor Duffield took his place at the Council dais. 8. Election of Mayor Pro Tem Mayor Duffield, in presiding, placed all members of the City Council on an equal basis to nominate and elect. Council Member Avery nominated Council Member O'Neill for the position of Mayor Pro Tem. Motion by Council Member Muldoon, seconded by Council Member Dixon, to close nominations. The motion carried without objection. Interested parties were invited to address the City Council. There being no public comments, Mayor Duffield asked if there was any further discussion relative to the nomination for Mayor Pro Tem. There being no further discussion, Mayor Duffield conducted oral votes for the Mayor Pro Tem seat. Volume 63 - Page 415 City of Newport Beach Regular Meeting December 12, 2017 Without objection, Council Member O'Neill was selected as the Mayor Pro Tem of the City of Newport Beach for 2018. Mayor Pro Tem O'Neill took his place at the Council dais. 9. Seating Arrangements for City Council The Council Members decided on the seating arrangement for the Council dais, pursuant to City Council Policy A-1. The following seating order was determined (left to right): Jeff Herdman — Kevin Muldoon — Will O'Neill — Duffy Duffield — Diane Dixon — Scott Peotter — Brad Avery 10. New Mayor Remarks Mayor Duffield thanked his wife and family, praised former Mayor Muldoon for his service, and thanked his Council colleagues and the citizens of the City. He assured all the citizens of Newport Beach that he will continue to be available to them and is only a phone call away. He discussed the state of the City and highlighted his goal of managing the harbor, improving water quality, and continuing beach replenishment. XIX. MOTION FOR RECONSIDERATION Motion by Mayor Duffield, seconded by Council Member Peotter, to reconsider Item 19 (Request to Install Toshiba Classic Street Light Banners) from the November 28, 2017 City Council meeting in order to extend the amount of time the banners can be displayed. Jim Mosher requested and received clarification from City Attorney Harp that the motion is to bring back the item at a future meeting for reconsideration. The motion carried by the following roll call vote: Ayes: Council Member Jeff Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XX. ADJOURNMENT - 7:32 p.m. The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on December 7, 2017, at 4:00 p.m. Leilani I. Brown City Clerk Duffy bufield Mayor Volume 63 - Page 416