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Home My WebLink About01 - MinutesJanuary 24, 2017 Agenda Item No. 1 CITY 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 II. 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. IV. RECESS V. RECONVENE 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 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 that the Mayor create a subcommittee to comply with City Council Policy D-3. The City Council concurred. Volume 63 - Page 165 City of Newport Beach Regular Meeting January 10, 2017 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 [100-2016] Waive reading of subject minutes, approve as amended, and order filed. Council Members Herdman, Avery and O'Neill abstai 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 dire the City Clerk to read by title only. -- ORDINANCES FOR INTRODUCTION 1% 3. Temporary Extension of Nonexclusive olid Waste Franchises [42/100-2016] a) Find that the adoption of the temporary extension is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 1!5060(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) 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 FAR ADOPTION *, 0 4. Resolution Updating the List of Designated Employees for 2017 Under the City's Conflict of Interest Code [100-2016] 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 [42/100-2016] 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." Volume 63 - Page 166 City of Newport Beach Regular Meeting January 10, 2017 6. Amend the Membership of the Balboa Village Advisory Committee [100-2016] 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. 7. Resolution No. 2017-4: Dissolving the Tidelands Management Committee and Referring its Duties to the Harbor Commission [100-2016] 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 Committ and Shifting its Duties to the Harbor Commission CONTRACTS AND AGREEMENTS City Radio Tower Rehabilitation - Notice oil' Completion of Contract No. 7094-1 (16M13) [38/100-2016] 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 Viond pne year after the acceptance by the City Council; and d) Approve Budget Amendment No. 17BA-021fecognizing $180,000.00 in reimbursement revenue from the County of Orange for City Radi6 Tower Project Account No. 13501-431315-16M13, appropriating $180,000.00 to Account No.' 13501-980000-16M13 and transferring expenditures in the amount of $280,000.00 from Account 75401-980000-16M13 to Account 13501-980000-16M13 to expense the County's portion of the project. MISCELLANEOUS 9. Coastal Developmen it Application for the Demolition and Reconstruction of a New Restaurant at the En the Newport Pier [100-2016] a) Find the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(b) of the CEQA Guidelines for the replacement of existing facilities; and b) Authorize City staff to submit a CDP application to the California Coastal Commission for the demolition of the existing building and construction of a new building for use as a restaurant at the end of the Newport Pier. 10. Annual Mayoral Appointments [100-2016] 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 Mayor Kevin Muldoon's appointments under City Council Policy A-9, as provided in the staff report. Mayor Muldoon recused himself on the San Joaquin Hills Transportation Corridor Agency Board of Directors appointment due to a business conflict. Volume 63 - Page 167 City of Newport Beach Regular Meeting January 10, 2017 Motion by Mayor Pro Tem Duffield, seconded by Council Member Peotter, to approve the Consent Calendar; and noting the abstentions by Council Members Herdman, Avery, and O'Neill on a portion of the minutes (Item 1), and the recusal by Mayor Muldoon on a portion of Item 10. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon XV. ITEM REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Mosher apologized for not having read the entire City Council Policy A-10, but believed it was inconsistent with the City Charter. He requested the subcommittee consider revisions. He further discussed the unusual nature of the agenda with only have Consent. alendar items and the newness of the City Council. 19k V George Schroeder discussed the current makeup of thI City Council, all being elected, and thanked staff for its work in 2016. Barbara Burkhart requested the City Council take action to ensure enforcement of rules and regulations at Corona del Mar State Beach. City Manager Kiff indicated he would set up a meeting with Ms. Burkhart and the Municipal Operations Director to explain processeand hear concerns. Nancy Skinner asked if the City Council would start the process to video tape the Planning Commission meetings. Mayor Muldoon stated a staff report was being prepared on that matter. XVII. ORAL REPORTS FROM- 4TY COUNCIL ON COMMITTEE ACTIVITIES - None XVIII. MOTION FOR RECONSIDERATION, None XIX. ADJOURNMENT - At 7:22 p.m. 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. City Clerk Mayor Volume 63 - Page 168