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Home My WebLink About08/31/2017 - Special MeetingCITY OF NEWPORT BEACH City Council Minutes Closed Session and Special Meeting August 31, 2017 I. ROLL CALL - 4:00 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 believed that current Closed Session agendas do not provide enough descriptive information for the public and referenced two separate Closed Session agendas from 2009 and 2010 as examples. He recommended going back to the agenda procedures from the past. III. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(4)): 1 matter IV. RECESS - 4:03 p.m. V. RECONVENED AT 5:00 P.M. FOR SPECIAL 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. PLEDGE OF ALLEGIANCE - Council Member Herdman VIII. INVOCATION - Council Member Peotter IX. CLOSED SESSION REPORT City Attorney Harp reported that there were no reportable actions taken. X. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Mosher commended the City Clerk's Office for the new and improved public records request procedures, the Notice of Determination letter process, and the updated records request page on the City's website. XI. CURRENT BUSINESS Mayor Muldoon explained his reasons for opposing Item 6 [Resolution Amending the Capital Improuement Program Budget to Include Funding from the Road Repair and Accountability Act of 2017 (RMRA) and Budget Amendment No. 18BA-0021 at the August 8, 2017 City Council meeting. He indicated that he received many emails from his constituents asking him to reconsider and bring this item back to Council for another vote. He reported that this was the reason he called the special meeting. In addition, he stated the most effective way to send a message to Sacramento is to support the initiative to repeal the gas tax and indicated he would be donating $1,000.00 to this initiative. He invited his Volume 63 - Page 346 City of Newport Beach Closed Session and Special Meeting August 31, 2017 Council colleagues to do the same in helping him achieve his goal of raising a minimum of $20,000.00 in private donations. Council Member Herdman stated the reasons he originally was going to vote to approve Resolution No. 2017-54 at the August 8, 2017 meeting and summarized the logistics of the Road Repair and Accountability Act of 2017. Motion by Council Member Herdman, seconded by Council Member Peotter, to bring back Item 6 [Resolution Amending the Capital Improvement Program Budget to Include Funding from the Road Repair and Accountability Act of 2017 (RMRA) and Budget Amendment No. 18BA-002] from the August 8, 2017 City Council meeting for reconsideration at this meeting. Council Member Peotter voiced his approval of the example of representative government that has occurred with this item. He discussed his reasoning for originally voting against this item at the August 8, 2017 meeting and believed the gas tax is still bad policy, but he has changed his mind and will be voting to approve Resolution No. 2017-54. City Attorney Harp confirmed that public comments would be taken two times for this item — once for the Motion to Reconsider and then again for the item itself. Susan Skinner indicated that she was pleased Council changed its mind and made additional remarks on the mailers sent out by Mayor Muldoon and Mayor Pro Tem Duffield. Marilyn Brewer thanked Council Member Dixon and Council Member Avery for originally voting to approve this item and thanked Council Member Herdman for making the motion to reconsider the item. 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 Mayor Muldoon thanked the Council and citizens for their input, attendance and patience regarding this issue. Motion by Council Member Dixon. seconded by Council Member Herdman, to 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) adopt amended Resolution No. 2017.54, A Resolution of the City Council or the City of Newport Beach, California, Amending the Adopted Capital Improvement Program Budget for Fiscal Year 2017-18 to Include Road Maintenance and Rehabilitation Account (RMRA) Funding Under the Road Repair and Accountability Act of 2017 - Local Streets and Roads Program and Approving Budget Amendment No. 18BA-002, increasing revenue estimates by $481,309.00 in Account 12101-431127 and appropriating $481,309.00 to Account 12101110.980000- 18R23 for MacArthur Boulevard/University Drive Pavement Rehabilitation project. Council Member Dixon suggested amending Resolution No. 2017-54 to include the following provisions: The City Council does not support SBI or any future increase in fuel excise and sales taxes or vehicle registration fees that may arise from its adoption; City taxpayers contributed to funding RMRA, and the City is eligible for an apportionment of RMRA funding; the City Council is willing to accept its apportionment of RMRA funding to recover the intended benefit of taxes paid by City taxpayers and to continue to maintain and improve City streets; the City Council's acceptance of RMRA funding is not intended to be an endorsement of SB I or any future increase in fuel excise and sales taxes or vehicle registration fees. Volume 63 - Page 347 City of Newport Beach Closed Session and Special Meeting August 31, 2017 Mayor Pro Tem Duffield indicated he would be changing his original vote on this item and contributing $1,000.00 to the gas tax repeal initiative. He believed that due to the poor financial decisions of the State of California and the taxes being placed on hard working citizens, manufacturing businesses are leaving the State. He thanked all the constituents for their emails and reminded them that Council listens to their requests. Mayor Muldoon expressed his disappointment that green energy businesses are vacating the State of California. Council Member Avery explained the reasons he voted to approve this item at the August 8, 2017 meeting and indicated he completely understood the decisions made by the other Council Members that did not support the item. Council Member Herdman summarized the rules of decorum from City Council Policy A-1 and asked that, in the future, Council be given more than three days to study this type of item to prevent Council from having to make a hurried decision. Mayor Muldoon clarified that this item is a perfect example of why Council is allowed to request continuance for agenda items to future meetings. Nancy Skinner agreed with Council Member Herdman's comment regarding the lack of time Council has to study certain items on the agenda and thanked Council for taking the time to bring this item back for reconsideration. Jim Mosher commented on City Council Policy A-1 regarding the timeframe for written comments that Council receives, the amendments to Resolution No. 2017-54, and not utilizing public funds to support the initiative to repeal SB 1. Gail Demers thanked Council for reconsidering the item and expressed the hardship that taxes have on the citizens of Newport Beach. Council Member Dixon commented on the impact of democracy in the community and reminded constituents that every voice does matter in local government. She indicated that she was very proud of her colleagues and that she would be donating $1000.00 to the initiative to repeal the gas tax. 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 XII. MOTION FOR RECONSIDERATION - None XIII. ADJOURNMENT - 5:33 p.m. The special agenda was posted on the City's website and on t e Ci all EI tunic B lletin Board located in the entrance of the City Council Cham rs 00 Civ' Center ive on August 30, 2017, at 4:00 p.m. Leilani I. Brown, City Clerk Volume 63 - Page 348 Mayor