HomeMy WebLinkAbout01/10/2017 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 10, 2017
I. ROLL, CALL - 6:00 p.m.
Present: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member
Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
IL PUBLIC COMMENTS
Jim Mosher reminded the Council that it was allowed to discuss closed session items in public and
requested the Council consider additional openness.
City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss
the items as listed in the Closed Session agenda and read the titles.
III. CLOSED SESSION - 6:02 p.m.
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City
Manager, Barbara Salvini, Human Resources Director; and Peter Brown, Esq., Negotiators. _
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards
(ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League
(NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association
(NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police
Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach
Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of
Newport Beach (PTEANB).
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 2 matters
Rubendario Cabrera v. City of Newport Beach, et al.
Orange County Superior Court Case No. 30-2014-00726252-CU-PO-CJC
Maria Balbuena v. City of Newport Beach, et al.
Orange County Superior Court Case No. 30-2014-00724934-CU-PO-CJC
IV. RECESS
V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member
Peotter, Council Member O Neill, Mayor Pro Tem Duffield, Mayor Muldoon
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City of Newport Beach
Regular Meeting
January 10, 2017
VII. CLOSED SESSION REPORT
VIII. PLEDGE OF ALLEGIANCE - Council Member Avery
IX. INVOCATION - Council Member Peotter
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member O'Neill commended Chief Jon Lewis' discussion at Speak Up Newport. He stated he
toured Sage Hill School and encouraged residents to support their sports teams. He discussed his
attendance at the Boat Parade and Deputy Chief McGill's retirement.
XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Creation of Subcommittee re; Council Policy D-3 (Review of the Council Policy Manual)
(O'Neill)
Council Member O'Neill requested a future agenda item for the Mayor to create a subcommittee to comply
with City Council Policy D-3. The City Council concurred.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher commended Council Member O'Neill for his interest in City Council Policies. He discussed
the proposed addition to the December 13, 2016 minutes related to the vote on the Museum House and
questioned where City Council Policy A-10 indicated an abstention was counted with the majority vote.
City Attorney Harp noted that Mr. Mosher can find this on page 9 of the policy.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the December 13, 2016 City Council Meeting [100-2017]
Waive reading of subject minutes, approve as amended, and order filed.
Council Members Herdman, Avery and O'Neill abstained on the portion of the minutes prior
to being sworn in as Council Members.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
ORDINANCES FOR INTRODUCTION
3. Temporary Extension of Nonexclusive Solid Waste Franchises [421100-20171
a) Find that the adoption of the temporary extension 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
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City of Newport Beach
Regular Meeting
January 10, 2017
b) Introduce Ordinance No. 2017-1, An Ordinance of the City Council of the City of Newport Beach,
California, Temporarily Extending Nonexclusive Solid Waste Franchises from March 1, 2017 to
November 8, 2017 to Ensure Adequate Provision of Solid Waste Collection Services within the City
of Newport Beach, and pass to second reading on January 24, 2017.
RESOLUTIONS FOR ADOPTION
4. Resolution Updating the List of Designated Employees for 2017 Under the City's Conflict
of Interest Code [100-2017]
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. 2017.1, A Resolution of the City Council of the City of Newport Beach,
California, Adopting an Updated Designated Employees List for 2017.
5. Declaration of Support for an Energy Partnership between Southern California Edison
Company and Southern California Gas Company [421100-2017]
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. 2017-2, A Resolution of the City Council of the City of Newport Beach,
California, Supporting an Energy Partnership Between the City of Newport Beach, Southern
California Edison Company and Southern California Gas Company to be known as the 'Energy
Partnership."
6. Amend the Membership of the Balboa Village Advisory Committee [100-2017]
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. 2017-3, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Membership of the Balboa Village Advisory Committee.
Resolution No. 2017-4: Dissolving the Tidelands Management Committee and Referring its
Duties to the Harbor Commission [100-2017]
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. 2017-4, A Resolution of the City Council of the City of Newport Beach,
California, Dissolving the Tidelands Management Committee and Shifting its Duties to the Harbor
Commission
CONTRACTS AND AGREEMENTS
S. City Radio Tower Rehabilitation - Notice of Completion of Contract No. 7094-1 (16M13)
[38/100-2017]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. (At the July 26, 2016 meeting, this project was found to be exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302);
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 the Civil Code; and
c) Release the Faithful Performance Bond one year after the acceptance by the City Council; and
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City of Newport Beach
Regular Meeting
January 10, 2017
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XVIII. MOTION FOR RECONSIDERATION. None
XIX. ADJOURNMENT - At 7:22 p.m. in memory of Dennis "Denny" O'Neil and William "Billy" Craig
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
January 5, 2017, at 4:00 p.m.
jo, r
11 I t
City Clerk
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