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January 9, 2018
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
December 12, 2017
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
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 Gzfiy'a health, well-being, and quality of
life are not being addressed during mediation.
Marsha Kendall, Citizens Against Airport Noise
Federal Aviation Administration (FAA) to listen to
the Phoenix and Point Loma lawsuits.
Anita Brown, Citizens Against Airport. Noise
noise monitors were being used on Monday ar
less noise.
the court is requiring the
citizens after the success of
the airlines knew the temporary
flew higher in order to generate
Julie Johnson, Citizens Against Ai. bit Noise and Pollution, expressed concern for the health of her
children since Corona del Mar High School is un l6the 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.,,,, rlin 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 Herdragn added that the aggressive letter writing campaign to the airlines
may have had a positive ef£�ct Mhyor 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.
CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
City of Neivport. Beach v. United States Federal Aviation Adnanistra:tion et al.
United States Court of Appeals for the District. of Columbia Circuit. Case Number 17-1008
RECESSED - 6:10 p.m.
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 h*ed 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
Mayor Muldoon:
• Provided information about the Operation Christmas campaign through the City Clerk's Office
• Recognized businesA.M.8n Marini Marovic for his dedication to the community
• Read and presented a proclamation to Municipal Operations Director Murdoch on his retirement
...................
XII. MATTERS WHICH COVN!QIL MEMBERS HAVE
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 151h 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 [100-20171
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
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.
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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.
The motion carried without objection.
Interested parties were invited to edclress theit.y Council. There being none, public comments
were closed. ..
City Clerk Brown asked if there was;; eny further discussion relative to the nomination for Mayor.
There being no further discusslon� City CIerk Brown conducted oral votes for the Mayor seat.
Without objectio'1, Council Member Duffield was selected as the Mayor of the City of Newport Beach
for 2018.
Mayor Duffield took hip plane 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.
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City of Newport Beach
Regular Meeting
December 12, 2017
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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.
ADJOURNMENT -7
er, to reconsider Item 19 (Request
28, 2017 City Council meeting in
d.
at.ion from City Attorney Harp that the motion is to bring
�ouncil Member Muldoon, Council Member Dixon, Council
Avery, Mayor Pro Tem O'Neill, Mayor Duffield
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 Duffield
Mayor
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