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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA DECEMBER 12, 2017 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH CLOSED SESSION - 6:00 P.M. REGULAR MEETING - 6:30 P.M. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 7:00 P.M. KEVIN MULDOON, Mayor DUFFY DUFFIELD, Mayor Pro Tem BRAD AVERY, Council Member DIANE B. DIXON, Council Member JEFF HERDMAN, Council Member WILL O'NEILL, Council Member SCOTT PEOTTER, Council Member DAVE KIFF, City Manager AARON HARP, City Attorney LEILANI BROWN, City Clerk CAROL JACOBS, Assistant City Manager NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting. PUBLIC HEARINGS If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the City Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the City Council. If you do fill out the card, please place it in the box at the podium. Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office located at 100 Civic Center Drive (Bay E, 2nd Floor). Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. The agendas, minutes and staff reports are also available on the City's website: http://www.newportbeachca.gov/agendas. The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(o)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH DECEMBER 12, 2017 CLOSED SESSION - 6:00 P.M. REGULAR MEETING - 6:30 P.M. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 7:00 P.M. I. ROLL CALL - 6:00 p.m. II. PUBLIC COMMENTS The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non -agenda items. Speakers must limit comments to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter City of Newport Beach v. United States Federal Aviation Administration et al. United States Court of Appeals for the District of Columbia Circuit Case Number 17-1008 IV. RECESS V. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION IX. PLEDGE OF ALLEGIANCE X. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. As a courtesy, please turn cell phones off or set them in the silent mode. XI. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) City Council Meeting December 12, 2017 Page 2 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) XIII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 4). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item. All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 28, 2017 City Council Meetings Waive reading of subject minutes, approve as written, 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 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 Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED City Council Meeting December 12, 2017 Page 3 XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 7:00 P.M. 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 6. Presentation of Gavel Plaque to Outgoing Mayor Kevin Muldoon and Remarks by Outgoing Mayor 7. Election of Mayor The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor and conduct election by roll call vote; b) The new Mayor is announced by the City Clerk; and c) The Mayor takes his/her proper place at Council dais. 8. Election of Mayor Pro Tem The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor Pro Tem and conduct election by roll call vote; b) The new Mayor Pro Tem is announced by the City Clerk; and c) The Mayor Pro Tem takes his/her proper place at Council dais. 9. Seating Arrangements for City Council Council decides on seating arrangement of Council dais (per Council Policy A-1, Council Members elected in 2014 would have first preference, then Council Members elected in 2016 — In the event of equal seniority, selection of seats shall be made by the Council Member who received the highest margin of victory percentage in the most recent election). 10. New Mayor Remarks XIX. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side. XX. ADJOURNMENT Testimony given before the City Council is recorded. The timing light will turn yellow when the speaker has one minute left. The timing light will turn red when the speaker has 10 seconds left. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.