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HomeMy WebLinkAbout03/28/2017 - Study Session / Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting March 28, 2017 I. ROLL CALL - 5:30 p.m. Present: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. City Arts Commission Annual Update City Arts Commission Chair Lynn Selich presented a PowerPoint presentation that outlined performing arts, highlighted Concerts on the Green and visual arts, including the Newport Beach Art Exhibition, library exhibitions, and cultural arts grants. Council Member Dixon asked the relationship between the City Arts Commission, the Newport Beach Arts Foundation, and the Balboa Island Museum. Commission Chair Selich discussed grants for programming partners. She explained that the Arts Foundation was responsible for helping to raise funds to be used towards programming. Council Member Dixon stated the City also funded the Balboa Island Museum. City Arts Commission Vice Chair Michael Kerr discussed the grant application process. Council Member Herdman clarified that City funds were used by the Balboa Island Museum to support the cost of exhibits and staff. Council Member Dixon asked if the Arts Foundation could help raise funds. Commission Chair Selich stated the more funds available for fundraising, the better. Commission Chair Selich continued the PowerPoint presentation, discussing partnerships; Newport Beach art in the news; public/private partnerships, including the Ben Carlson Memorial Statue, Pacific Symphony performances, the Balboa Island Centennial celebration, and Cows4Camp; and cultural tourism. Commission Vice Chair Kerr continued the PowerPoint presentation, outlining the Commission's premise, future programming, requested direction from the City Council, and current and proposed budgets. Council Member O'Neill discussed the Transient Occupancy Tax (TOT) contract with Visit Newport Beach (VNB). City Manager Kiff stated his recollection was that the specific use of TOT had not been determined. Council Member O'Neill discussed the diminishing amount of developer fees going into the Facility Financing Program (FFP). He noted the Uptown Newport project would contribute $800,000 to the Public Arts and Cultural Facilities fund and asked the plan for use of City Council Policy I-13 (Public Arts and Cultural Facilities Fund) funds. Commission Vice Chair Kerr discussed using funds for the sculpture garden. Council Member Dixon commended the City Arts Commission for its work. Commission Vice Chair Kerr pointed out that the budget did not include expenditures for the sculpture garden nor use of City Council Policy I-13 funds. Council Member Dixon indicated support for the Volume 63 - Page 225 City of Newport Beach Study Session and Regular Meeting March 28, 2017 proposal to reconstitute the Arts Foundation and expressed concern with limited private fund donations. Council Member Herdman complimented the Commissioners on their presentation. He discussed his support of the arts and recognized the members of the Arts Foundation. Council Member Avery commended the Commission and indicated support for reconstitution of the Arts Foundation. In response to Mayor Muldoon's question, Library Services Director Hetherton stated the balance of City Council Policy I-13 fund was $431,000. He stated the contract for use of the funds for the sculpture garden was currently being reviewed by the City Attorney's Office. Mayor Muldoon suggested the fund be used for capital improvements due to the large pool of other available funds. Michaell Magrutsche, former City Arts Commissioner, discussed the need for engagement to build community. He believed Council needed to determine the direction for arts. Mayor Muldoon totaled the proposed budget request and asked if Council had opinions relative to the use of City Council Policy I-13 funds. Council Member Dixon discussed the FFP fund and declining developer contributions. She suggested capping the City Council Policy I-13 funds and commended the program, but requested more private contributions from the community. In response to Mayor Muldoon's question, City Attorney Harp stated a straw poll could be taken on the use of City Council Policy I-13 funds. Council Member O'Neill expressed concern about the continuing viability of City Council Policy I-13 funds. He indicated support for continuing arts using General Fund money rather than developer fees. Council Member Peotter agreed with Council Member O'Neill and stated there were higher priorities in the FFP. Council Member Avery stated he could support the General Fund approach. He requested suggestions on potential City matches for certain projects, depending on the project's financial situation. Council Member Herdman indicated that he would have liked to have seen an anticipated target for Arts Foundation work. Mayor Pro Tem Duffield concurred with Council Members O'Neill and Peotter, regarding arts funding coming from the General Fund, and Council Member Dixon's suggested cap. He expressed frustration with cutting funds due to past City Council financial decisions, such as City Hall. Mayor Muldoon believed $690,000 was a lot of money for the arts. He suggested the City Council Policy I-13 funds account be revisited and reallocated. Commission Vice Chair Kerr clarified that there was $240,000 surplus. He explained consideration of the use of the Balboa Trust Fund and discussed the proposed administrative position for fundraising efforts. Volume 63 - Page 226 City of Newport Beach Study Session and Regular Meeting March 28, 2017 SS3. Update on Tsunami Awareness Week and City's Emergency Management and Disaster Preparedness Efforts Without objection, City Manager $if£ recommended continuation of the item. III. PUBLIC COMMENTS Regarding the Closed Session performance reviews of the City Manager, City Attorney and City Clerk, Jim Mosher suggested the public be informed of the performance goals. Mike Joseph introduced Steve Colwell and discussed his service in the Marine Corps. Mr. Colwell, representing the 1/5 Vietnam Veterans Association, discussed challenges with building the 5th Marines Vietnam Memorial at Camp Pendleton and requested City Council and community support for the building of the memorial (www.5thmarinesvietnammemorial.org). City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. IV. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk B. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6 (a)) Agency Designated Representative: Council Member Diane Dixon Unrepresented Employees: Dave Kiff, City Manager, Aaron C. Harp, City Attorney, and Leilani Brown, City Clerk. V. RECESSED - 6:30 p.m. VI. RECONVENED AT 7:02 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon VIII. CLOSED SESSION REPORT City Attorney Harp reported that there were no reportable actions taken. IX. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Duffield X. INVOCATION - Pastor Mark Whitlock, Christ Our Redeemer - A.M.E. Church XI. NOTICE TO THE PUBLIC Volume 63 - Page 227 City of Newport Beach Study Session and Regular Meeting March 28, 2017 XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) Council Member O'Neill congratulated Policy Chief Lewis on completing his first year as Chief of Police. He announced the Police Appreciation Breakfast on March 29, 2017, and congratulated the Police Department on placing first in the Baker to Vegas Race. He stated he represented the City at the Nowruz event in Irvine. He applauded Council Member Avery for hosting the District 2 Town Hall meeting. Council Member Dixon announced the Compost Giveaway on April 1, 2017, District 1 Town Hall Meeting on April 6, 2017 at 6:30 p.m. at Marina Park, and the Finance Committee Meeting on March 30, 2017. She thanked the community for attending the Women in Newport Networking (WiNN) Forum on March 16, 2017. In response to Mayor Dixon's question, City Clerk Brown stated Board and Commission appointments would be coming to the City Council in April. Council Member Dixon commended Dottie McDonald for her service to the Police Department and community. She indicated support for St. James the Great Church and stated Item 14 [Current Land Use at 505 32nd Street and 3209 Via Lido (site of St James the Great Episcopal Church)] would be pulled from the agenda. Council Member Herdman stated he attended the Santa Ana Flood Protection Committee meeting, Newport Bay Watershed Committee meeting, the Newport Beach Chamber of Commerce Government Affairs Committee meeting, and the Balboa Island Marketing Inc. (BIMI). meeting. He discussed his future Town Hall Meeting and requested the Bayside Drive Traffic Calming project come back to the City Council. Council Member Avery discussed the Town Hall Meeting for District 2. He stated he attended the Newport Harbor High School Mentor Program lunch. Mayor Pro Tem Duffield stated he, Public Works Director Webb, Harbor Resources Manager Miller and Council Member Avery went to Sacramento and Washington DC to discuss dredging techniques and funding. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Renaming of Two City Parks (Muldoon and Herdman) Council Member Herdman's request for a future agenda item to rename Balboa Island Park to the Ralph Rodheim Park was approved 5-2, with Council Members Avery and Peotter dissenting. Mayor Muldoon's request for a future agenda item to rename an existing park to John Wayne Park was approved 5-2, with Council Members Avery and Herdman dissenting. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR City Manager Diff recommended moving Item 14 to the Consent Calendar. Jim Mosher commented on Item 11 [General Plan Annual Status Report Including Housing Element Report (PA2007-195)] and questioned whether the City acknowledged that it was 100 units behind State mandated housing requirements. He stated Item 14 related to a land use issue. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES Volume 63 - Page 228 City of Newport Beach Study Session and Regular Meeting March 28, 2017 1. Minutes for the March 14, 2017 City Council Meeting [100-2017] 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 4. Second Reading and Adoption of Ordinance No. 2017-5, Reauthorizing the City's Public, Educational and Governmental Access Fee on State Video Franchises [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) Conduct second reading and adopt Ordinance No. 2017-5, An Ordinance of the City Council of the City of Newport Beach, California, Reauthorizing the Public, Educational and Governmental (PEG) Fee on State Video Franchises Operating within the City of Newport Beach. RESOLUTIONS FOR ADOPTION 5. Investment Policy Update [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) Staff and the Finance Committee recommend adopting Resolution No. 2017-19, A Resolution of the City Council of the City of Newport Beach, California, Finding Consistency with Stated Investment Objectives and Amending City Council Policy F -I Requiring Long -Term Credit Rating Minimums to be in the "A" Category or Better, and to Allow for the Use of Mutual Funds in a Manner• Consistent with Government Code Section 53601. These changes are in furtherance of the City's investment objectives. 6. Accept $75,562 from California Division of Boating and Waterways Boating Infrastructure Grant and Approve Budget Amendment for Central Avenue Public Pier and Plaza Improvements (17H12) (8197-3) [38/100-2017] 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; b) Adopt Resolution No. 2017-20, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City Manager to Accept a Grant from the State of California's Department of Parks and Recreation's Division of Boating and Waterways through its Boating Infrastructure Grant Program for the Construction and Operation of the Central Avenue Public Pier and Approving Budget Amendment No. 17BA-029; and c) Approve Budget Amendment No. 17BA-029 to increase revenue estimates by $75,562.00 in Account 13501-431385-17H12 and appropriate $75,562.00 to Account 13501-980000-17H12 for Central Avenue Public Pier and Plaza Improvements project. Mayor Pro Tem Duffield, Council Member Dixon and Council Member Avery recused themselves from Item 6 since they are members of the Newport Harbor Yacht Club. CONTRACTS AND AGREEMENTS 7. Streetlight LED Retrofit - Notice of Completion of Contract No. 6427 (Project No. 16V11) (C-6427) [38/100-2017] Volume 63 - Page 229 City of Newport Beach Study Session and Regular Meeting March 28, 2017 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On May 10, 2016, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(c) (Reconstruction of existing facility involving negligible or no expansion of capacity) because it has no potential to have a significant effect on the environment; 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 Faithful Performance Bond one (1) year after acceptance by the City Council. 8. Slurry Seal Program FY 2016-2017 - Award of Contract No. 8273-1 (171104) [381100-20171 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) Approve the project specifications; c) Award Contract No. 8273-1 to American Asphalt South, Inc. for the total bid price .of $558,494.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $56,000.00 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. 9. Approve Agreement with Trane U.S. Inc. for Civic Center HVAC Maintenance (C-8456- 1) [381100-20171 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) Approve the on-call maintenance and repair agreement with Trane U.S. Inc. for Civic Center HVAC maintenance for a total amount not to exceed $270,000, and authorize the Mayor and City Clerk to sign the agreement. MISCELLANEOUS 10. Planning Commission Agenda for the March 23, 2017 Meeting [100-2017] Receive and file. 11. General Plan Annual Status Report Including Housing Element Report (PA2007-195) [100-20171 a) Determine this action is not a project as defined in Section 15378(b)(2) of the Public Resources Code; and b) Authorize submittal to the State of California Office of Planning and Research and State Department of Housing and Community Development. 14. Current Land Use at 505 32nd Street and 3209 Via Lido (site of St James the Great Episcopal Church) 1100-20171 Continue indefinitely. Motion by Mayor Pro Tem Duffield, seconded by Council Member Herdman, to approve the Consent Calendar, except for the item removed (Item 3); and noting recusals by Mayor Pro Tem Duffield, Council Member Dixon and Council Member Avery to Item 6, and moving Item 14 from Current Business to Consent Calendar. 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 Volume 63 - Page 230 City of Newport Beach Study Session and Regular Meeting March 28, 2017 XVI. ITEM REMOVED FROM THE CONSENT CALENDAR 3. Harbor Mooring Regulation Modifications [100-2017] Motion by Mayor Muldoon, seconded by Council Member Peotter, to a) determine the 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 15375) 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. Alternatively, the City Council finds the approval of the Ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment; and b) introduce amended Ordinance No. 2017-7, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Title 17 Relating to Moorings, including keeping the existing 50% rate in place, and pass to second reading on April 11, 2017. Harbor Resources Manager Miller discussed the existing rate of 50% of the annual mooring fee which was proposed to increase to 75% of the annual mooring fee. Council Member Peotter stated he was not in favor of reducing the transfer fee. He suggested not limiting transfers to two per year. He questioned the restriction on leasing the mooring past 30 days. Substitute motion by Council Member Peotter to eliminate the number of times the mooring could be transferred per year. Mayor Pro Tem Duffield stated the transfer limit was established to reduce profit making ventures. The substitute motion died for lack of a second. In response to Council Member Dixon's question, Harbor Resources Manager Miller explained the proposed limit on the number of transfers per year. He noted the Harbor Commission's recommendation was to be 75% of the annual mooring fee. Council Member Avery stated the Harbor Commission and mooring permittees provided input on the proposed fees and explained the restrictions on transfers. Mayor Muldoon believed the increase was effectively a tax increase and, therefore, he preferred retaining the existing rate. Council Member Peotter stated he viewed the mooring fee as profit sharing, rather than a tax. He stated he could support the proposal of 50% of the annual mooring fee. Mayor Muldoon clarified his motion to approve the staff recommendation, but reduce the recommended mooring fee from 75% to 50%. Jim Mosher believed the ordinance was not ready for adoption. He questioned whether the transfer fees would be posted on the City's website. He stated transfer of moorings needed clarification. Friendly amendment by Council Member O'Neill to change "may" to "shall" in Section 9 of the ordinance. The maker and seconder accepted the amendment. Volume 63 - Page 231 City of Newport Beach Study Session and Regular Meeting March 28, 2017 The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon Nays: Council Member Avery, Council Member Dixon XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Mosher suggested the City Council allow the public the opportunity to comment on Matters Which Council Members Have Asked to be Placed on a Future Agenda. He discussed a Council debate in El Cajon regarding placing items on agendas and stated the Brown Act allowed a member or body as a whole to place items on the agenda. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XIX. PUBLIC HEARING 12. Authorization to Issue Obligations by the California Enterprise Development Authority to Benefit the Discovery Science Center of Orange County [100-2017] Finance Director Matusiewicz provided the staff report In response to Council Member Dixon's question, Finance Director Matusiewicz stated there was no liability, cost, or financial residual impact to the City since it was not the issuer. Mayor Muldoon asked for an explanation of what happened in the event of default. Finance Director Matusiewicz stated the Discovery Science Center would be responsible for the debt. City Manager Mff reiterated there was no consequence to the City. Mayor Muldoon opened the public hearing. Jim Mosher suggested obtaining a clear idea of the proposed use of the funds John Adams, President of the Discovery Science Center of Orange County, expressed excitement for being in Newport Beach. He explained that they were refinancing the property with a better interest rate through the bond and the savings would be used toward programming. Sam Balisy, counsel on the transaction, explained that this was a loan eligible for tax exemption and the City had no obligations. He stated the bank had recourse to the property in case of a default. Hearing no further testimony, Mayor Muldoon closed the public hearing. Motion by Council Member O'Neill, seconded by Council Member Dixon, to a) find the approval of the Resolution 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. Alternatively, find the approval of the Resolution is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment; and b) adopt Resolution No. 2017-21, A Resolution of the City Council of the City of Newport Beach, California, Approving the Issuance of Reuenue Obligations by the California Enterprise Development Authority of an Aggregate Principal Amount not to Emceed $6,000,000 for Volume 63 - Page 232 City of Newport Beach Study Session and Regular Meeting March 28, 2017 the Purpose of Refinancing Facilities for the Benefit of the Discouery Science Center of Orange County. 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 Nays: Mayor Muldoon XX. CURRENT BUSINESS 13. Approval of Purchase Agreement with Haaker Equipment Company for One CNG - Powered Sewer Cleaner Truck (C-8060-2) [381100-20171 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) approve an agreement for the purchase of one CNG -powered Sewer Cleaner Truck from Hanker Equipment Company for a total cost of $522,735.63, and authorize the Mayor or City Clerk to execute the agreement. Jim Mosher questioned whether the Sewer Enterprise Fund had been paying into the Equipment Fund. He discussed the last sewer cleaning truck purchased on June 14, 2016, and questioned whether the proposed truck would service larger streets. Municipal Operations Director Pisani discussed the larger truck proposed for purchase. He stated the current truck is 13 years old and had averaged over 11,000 miles per year. Council Member O'Neill commended staff and the City Council for long term planning and cost savings. 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 15. Annual Traffic Signal Rehabilitation Project, Removal of a Crosswalk and Installation of Rectangular Rapid Flashing Beacons - Award of Contract No. 8337-1 (17T01) [38/100- 20171 Traffic Engineer Brine presented a PowerPoint presentation, outlining the Annual Traffic Signal Rehabilitation project, proposed locations for rectangular rapid flashing beacons, and crosswalk removals. Council Member Dixon requested clarification of the crosswalk removal on Via Lido. Traffic Engineer Brine stated the second crosswalk would be removed. He discussed the Balboa Peninsula Crosswalk study and stated he would include the Via Lido area. Traffic Engineer Brine summarized the crosswalk study and the proposed project schedule, including the next steps. Motion by Council Member Peotter, seconded by Council Member Dixon, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (for repair, maintenance and minor alteration of existing public facilities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because Volume 63 - Page 233 City of Newport Beach Study Session and Regular Meeting March 28, 2017 it has no potential to have a significant effect on the environment; b) approve the removal of the east leg crosswalk at Via Lido and Via Oporto and consolidate pedestrian crossings to the west leg crosswalk at Via Lido and Via Oporto, including the installation of a new Rectangular Rapid Flashing Beacon at that crosswalk; c) approve the project drawings and specifications; d) award Contract No. 8337-1 to Elecnor Belco Electric, Inc. for the total bid price of $635,416.00, and authorize the Mayor and City Clerk to execute the contract; e) establish $63,500.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract; and 0 approve Budget Amendment No. 17BA-028 transferring $162,000.00 from Account No. 01201927-980000-17T02 (Traffic Management / Modernization) to Account No. 01201927- 980000-17T01 (Traffic Signal Rehabilitation Program). Jim Mosher asked if in -pavement flashing lights would be included, similar to the crosswalk at Westcliff. Traffic Engineer Brine clarified that the new installations were rapid flashing beacons without lights in the pavement. He stated the only existing in -pavement lights were on Coast Highway at Orchid, and there were no plans for further in -pavement lighted crosswalks. 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 XXI. MOTION FOR RECONSIDERATION Motion by Council Member Peotter, seconded by Council Member O'Neill, to reconsider Item 3. 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 Nays: Mayor Muldoon, Mayor Pro Tem Duffield 3. Harbor Mooring Regulation Modifications [100-20171 Motion by Council Member Peotter, seconded by Council Member Dixon, to a) determine the 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. Alternatively, the City Council finds the approval of the Ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment; and b) introduce amended Ordinance No. 2017-7, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Title 17 Relating to Moorings, including keeping the rate at 75%, and pass to second reading on April 11, 2017. Council Member Avery discussed the Mooring Subcommittee's consideration of the fee, at which agreement was reached for 100% of the annual mooring fee. He stated his previous "no" vote was to support the Harbor Commission's recommendation for 75% of the annual mooring fee. Mayor Muldoon stated he would be voting "no" because he believed the mooring holders were grateful for a leasehold interest and he could not support increasing taxes. Volume 63 - Page 234 City of Newport Beach Study Session and Regular Meeting March 28, 2017 Council Member Peotter suggested the rental income be used to provide additional services to mooring owners, such as wash stations, bilge pump -out stations, and maintenance stations. Council Member Avery agreed with the need to provide more services. Jim Mosher questioned the process and believed the matter should come back at a future meeting, especially since the interested parties had left the current meeting. City Attorney Harp stated it was appropriate to reconsider the motion at this time. Mayor Muldoon added that the public had the opportunity to address the City Council at the second reading of the ordinance (April 11, 2017 City Council meeting). 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 Nays: Mayor Muldoon XXII. ADJOURNMENT -Adjourned at 8:16 p.m. in memory of Marilyn Broughton, Bill Ficker, and John Ryan 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 March 23, 2017, at 4:00 p.m. 1--?, �i ty C I 14rk 7 Volume 63 - Page 235