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HomeMy WebLinkAbout01 - MinutesMay 9, 2017 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting April 25, 2017 I. ROLL CALL - 4:00 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. MADD Presentation Newport Beach Police Officers Jacob Khor and Mike Striek (Neal Schuster and Bill Hume — not in attendance) were presented with the MADD Deuce Award by MADD Representative, Robert Cox, Program Manager, assisted by Police Chief John Lewis, after a brief presentation by Mr. Cox, regarding MADD. SS3. Poppy Month Proclamation Mayor Muldoon read and presented the proclamation declaring May as Poppy Month. Miss Poppies Ashley and Madison Trester recited the poem "In Flanders Field" and distributed poppy boutonnieres to the Council Members on behalf of the American Legion Auxiliary. Carolyn Whitlinger and Debbie Schubert, Co -Chairs for Poppy Fundraisers American Legion Auxiliary Post 291, thanked Council for the proclamation. SS4. Child Abuse Prevention Month Scott Trotter, Executive Director of the Child Abuse Prevention Center, and Debashis Chowdhury, Board Chair of the Orange County Chapter, presented the Council with a certificate of recognition, thanking and recognizing the Newport Beach City Council Members for their dedication to the children of Newport Beach through strong community and civic leadership. SS5. National Autism Awareness Month Proclamation Oksana Voyk, Ms. America, 2017, gave a brief presentation regarding the Ms. America program and her dedication to helping Autistic individuals. Mayor Muldoon read and presented the proclamation, declaring May as Autism Awareness Month, to Ms. Vovk and her 20 -year old, autistic son, Stephen. SS6. Orange County Water District (OCWD) Regarding the Orange County Water Basin Municipal Operations Director Murdoch introduced the item and the representatives from the Orange County Water Basin. John Kennedy, OCWD Executive Director of Engineering and Water Resources, presented a PowerPoint outlining groundwater levels, operational facilities, stormwater capture at Prado Volume 63 - Page 251 City of Newport Beach Study Session and Regular Meeting April 25, 2017 Dam, facilities in Anaheim, managing Santa Ana River, and the groundwater replenishment system (GWRS). He displayed the video OCWD and OCSD: Turning wastewater into drinking water and discussed the expansion and success of GWRS. Steve Sheldon, OCWD Director, discussed the Green Acres project, which will bring recycled water for landscaping to Newport Beach. Municipal Operations Director Murdoch discussed the use of recycled water for the City's two golf courses. SS7. City's Emergency Management Update Police Chief Lewis introduced the item and Emergency Preparedness Coordinator Eing. Emergency Preparedness Coordinator Eing presented a PowerPoint providing an update on the City's Disaster Preparedness Program. The presentation included the responsibilities of disaster service workers, along with tsunami and earthquake preparedness and planning. In response to Mayor Muldoon, Emergency Preparedness Coordinator Eing stated residents could sign up for earthquake notifications at USGS.gov. She discussed earthquakes triggering tsunamis. Emergency Preparedness Coordinator Eing discussed power outages, proclaiming a local emergency, and roles and responsibilities of the emergency operation center. Council Member Dixon asked how often employees were trained. Emergency Preparedness Coordinator Eing explained that new employees are trained upon hire and management employees participate in an annual training exercise. She stated Council Members do not respond to emergencies; therefore, do not need to be trained. Emergency Preparedness Coordinator Eing discussed the City's Emergency Operations Plan and Hazard Mitigation Plan. She reviewed the Municipal Code requirements in emergencies, emergency supplies, and 2017 training and drills. Council Member Dixon asked how the Community Emergency Response Team (CERT) intersected with disaster planning. Emergency Preparedness Coordinator Eing stated she was responsible for internal coordination and the Fire Department had a position to educate the community. In response to Council Member Herdman's question regarding the availability of preventative grants, Emergency Preparedness Coordinator Eing stated the City had twice applied and been denied for seawall grants. Tom Collister, active CERT member, informed residents of the annual community drill on April 29, 2017, and invited residents to come to Irvine Terrace. He encouraged residents to prepare a week's supply of food and water. Mayor Muldoon asked what happened to the water in the pipes. Mr. Collister suggested shutting off water to the home. He discussed the earthquake in Newhall and impact on water supplies. Municipal Operations Director Murdoch discussed the Big Canyon Reservoir. He stated the City would notify residents if there was water contamination. In response to Mayor Muldoon, City Manager Kiff discussed staffs obligations during emergencies. Volume 63 - Page 252 City of Newport Beach Study Session and Regular Meeting April 25, 2017 In response to Council Member Dixon, Emergency Preparedness Coordinator Eing stated she was the only staff in her department. Council Member Dixon commended Emergency Preparedness Coordinator Eing and emergency volunteers. III. PUBLIC COMMENTS Jim Mosher discussed the closed session items and requested additional information. He discussed the placement of items on the agenda by individual Council Members and asked if public comments would be allowed. He stated there was interest on the relocation of the Ronald Reagan statue and questioned whether the votes at the last meeting were invalid and violated the Brown Act. In response to Mayor Muldoon, Mr. Mosher stated Council Members are allowed to place an item on an agenda rather than requiring Council approval. City Attorney Harp discussed the Council's approval of the professional services agreement with Arts for Orange County and stated there was no Brown Act issue. Saboohi Currim agreed with policy revisions for invocations in Item 6. She expressed concern regarding the Reagan statue and the current political environment. Mayor Muldoon stated the statue was recently damaged and the Civic Center was not ready for statues at the time of initial installation. City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items as listed in the Closed Session agenda, with the exception of Item D, and read the titles. IV. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 3300 Newport Boulevard, Newport Beach, California Agency Negotiator: Lauren Wooding-Whitlinger, Real Property Administrator Negotiating Party: Lido House, LLC Under Negotiation: Instruct Negotiator as to Price and Terms of Payment B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Connie Barraclough v. City of Newport Beach, Chief Lewis, et al. United States District Court case No. 8:16-cv-00733-DOC-PLA D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director; Peter Brown, Esq., Negotiators. Volume 63 - Page 253 City of Newport Beach Study Session and Regular Meeting April 25, 2017 Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL) and Newport Beach Police Association (NBPA). E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk F. 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 - 5:28 p.m. VI. RECONVENED AT 7:03 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 - Council Member Herdman X. INVOCATION - Council Member Peotter XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) Council Member O'Neill stated he attended the Newport to Ensenada Race Kick Off. He announced the Newport Beach Chamber of Commerce Scholarship Awards on April 26, 2017 and the Library Book Sale on May 6, 2017. Council Member Dixon announced the Finance Committee meeting on April 27, 2017, at 3:00 p.m. and the City Board, Commission or Committee application workshop on May 4, 2017, at 12 p.m. She congratulated the Public Works Department on the selection of Marina Park as a Public Works Association Project of the Year. She commended those involved in the Film Festival. She requested a future agenda item on options for parking, and discussed pension legislation. Council Member Herdman discussed the tour of the City utilities yard. He thanked staff that attended and assisted with the Corona del Mar Residents Association. He stated he and Mayor Muldoon met with Boy Scouts. He commented on attending the Oasis Volunteer Luncheon at which he spoke and discussed his participation at Chamber of Commerce meetings. He commended the Film Festival, Volume 63 - Page 254 City of Newport Beach Study Session and Regular Meeting April 25, 2017 stated he attended the Orange County lunch for newly elected officials and announced the District 5 Town Hall meeting on May 1, 2017, at 6:30 p.m. He requested a future agenda item to receive an update from the Sister City organization. Council Member Avery thanked Municipal Operations Director Murdoch for the tour of the City utilities yard and commended the graffiti removal crew. Mayor Pro Tem Duffield commended Municipal Operations Director Murdoch and his crew. He announced the birth of his grandson, Peter Duffield. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Parking Strategies for the Peninsula, Mariners Mile (Dixon) The City Council unanimously concurred to place the matter on a future agenda. • Regulations Relating to Food Trucks, Including on the Newport Pier (Peotter) The City Council concurred to place the matter on a future agenda, by a vote of 4-3 with Council Members Herdman, Dixon, and O'Neill voting no. • Relocation of the Statue Honoring Ronald Reagan from Bonita Canyon Sports Park to Civic Center Park (Muldoon) In response to Mayor Muldoon, City Attorney Harp explained the Council's prior action on the professional services agreement with the Arts of Orange County during which the scope of work, including planning and selection for pieces for the sculpture garden, had been discussed. He stated there was no violation of the Brown Act. The City Council unanimously concurred to place the matter on a future agenda. Advocacy Positions on Pension Reform Bills Authored by State Senator John MW Moorlach (Dixon) The City Council unanimously concurred to place the matter on a future agenda. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR None. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the April 11, 2017 City Council Meeting [100-2016] 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. ORDINANCES FOR ADOPTION 3. Waterfront Project Guidelines and Standards - Harbor Design Criteria, Commercial & Residential Facilities: Second Reading [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 Volume 63 - Page 255 City of Newport Beach Study Session and Regular Meeting April 25, 2017 will not result in a physical change to the environment, directly or indirectly. Alternatively, determine this action 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) Conduct second reading and adopt Ordinance No. 2017-8, An Ordinance of the City Council of the City of Newport Beach, California, Deleting Newport Beach Municipal Code Subsection 17.01.030(A)(2) and Amending Newport Beach Municipal Code Subsections 17.01.030(D)(1), 17.35.010(A), 17.50.040(A) and 17.50.050(D) Relating to the City's Waterfront Project Guidelines and Standards, Harbor Design Criteria - Commercial and Residential Facilities. Mayor Pro Tem Duffield recused himself from Item 3 due to a leased business property he has on the waterfront. Council Member Avery recused himself from Item 3 due to a potential conflict with relation to his employer. 4. Second Reading and Adoption of Ordinance 2017-9 Amending the Coastal Implementation Plan for the Lido House Hotel Floor Area Expansion, Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061) [100-20161 a) Find that all significant environmental concerns for the proposed project have been addressed in previously certified environmental documents; and b) Conduct second reading and adopt Ordinance No. 2017-9, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2016-001 as Modified by the California Coastal Commission Related to the CV -LV Coastal Zoning District for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061). RESOLUTIONS FOR ADOPTION 5. Adoption of Resolution Repealing Resolution No. 2016-87, which Declared a Level Two Water Supply Shortage [100-20161 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 Resolution No. 2017-28, A Resolution of the City Council of the City of Newport Beach, California, Repealing Resolution No. 2016-87, Which Declared a Level Two Water Supply Shortage. CONTRACTS AND AGREEMENTS 7. Newport Heights Sewer Improvements - Notice of Completion for Contract No. 7028-2 (Project No. 17S03) [38/100-20161 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On June 28, 2016, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(c); 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. Council Member Avery recused himself from Item 7 due to a potential conflict with relation to his employer. 8. Approval of Amendment No. One to Agreement with Orange County Sanitation District (OCSD) for Dry Weather Urban Runoff Discharges from Big Canyon Creek to Sanitary Sewer (C-5988) [38/100-2016] Volume 63 - Page 256 City of Newport Beach Study Session and Regular Meeting April 25, 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) Approve Amendment No. One to the Dry Weather Urban Runoff Discharge Agreement with OCSD (Amendment) to allow operation and maintenance of two dry -weather diversions from Big Canyon Creek to the sanitary sewer; and c) Authorize the City Manager and City Clerk, to approve future Amendments to the Dry Weather Urban Runoff Discharge Agreement. Council Member Peotter recused himself from Item 8 because he is on the Orange County Sanitation District Board. 9. Approval and Award of Network Wiring and Cabling Services Contract (C-8471-1) [38/100-20161 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) Authorize and Approve the Contract to Pacific Coast Cabling. MISCELLANEOUS 10. Planning Commission Agenda for the April 20, 2017 Meeting [100-20161 Receive and file. 11. Designation of Applicant's Agents for Federal and State Financial Disaster Assistance) [100-20161 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 Cal OES Form 130, authorizing the City Manager, the Finance Director or Municipal Operations Directors to execute California Office of Emergency Services (Cal OES) and/or Federal Emergency Management Agency (FEMA) documents for present and future disaster relief applications. 14. Changing the Name of "Balboa Island Former Resident [100-20161 Direct the Parks, Beaches and Recreation recommendation to the City Council. Park" to "Ralph Rodheim Park" to Honor the Commission to review the issue and bring back a Motion by Mayor Pro Tem Duffield, seconded by Mayor Muldoon, to approve the Consent Calendar, except for the item removed (Item 6); and noting recusals by Mayor Pro Tem Duffield and Council Member Avery to Item 3, recusal by Council Member Avery to Item 7, recusal by Council Member Peotter to Item 8, 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 XVI. ITEM REMOVED FROM THE CONSENT CALENDAR 6. Resolution No. 2017-29 — Adopting a Revised City Council Policy A-19 (Guidelines for Invocations) [100-20161 Volume 63 - Page 257 City of Newport Beach Study Session and Regular Meeting April 25, 2017 Council Member Herdman discussed emails he received on invocations and stated the new resolution would expand rather than restrict the opportunity. Council Member Dixon stated the revision expanded the opportunities, extended invitations beyond the City limits and fulfilled Freedom of Speech requirements. In response to Council Member O'Neill, City Attorney Harp stated the policy was in conformance with US Supreme Court and 9th Circuit law. Mayor Muldoon indicated support for the policy. Jim Mosher stated prayer was not within the subject matter jurisdiction of the City Council. He expressed concern about the mandatory injection of prayer into every commission and committee meeting. Saboohi Currim suggested guidelines to prevent hurtful statements against other faiths and religions. She suggested invocations only at Council meetings. Mayor Muldoon clarified that invocations could be led by a group or no group, religion or no religion or could be a moment of silence. He stated the goal was to expand speech, not limit it. He stated the separation of church was an important concept and explained the establishment clause. He stated the policy was being updated to error on the side of freedom. Council Member Herdman stated derogatory remarks could be dealt with in policy. City Clerk Brown stated those invited to give the invocation were provided with the policy. Mayor Muldoon invited anyone to be included on the list of invocation leaders. Motion by Mayor Muldoon, seconded by Council Member Herdman, to 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. 2017-29, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Revised City Council Policy Regarding Invocations. 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 XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS David Shockley, Honorary Commodore of the Newport Ocean Sailing Association, thanked the Council for its support of the Newport to Ensenada Race and announced upcoming events. Mayor Muldoon stated it was a great event and he thanked the organizers. Mike Glenn discussed Council Member Dixon's comments regarding him owing the City money for Public Records Act requests. He stated he had not asked for documents to be printed. He discussed his disagreements with Council Member Dixon but stated public humiliation was inappropriate and he was owed an apology. Ashley Jacobs discussed Council Member Dixon's allegations against Mike Glenn. In response to Mayor Muldoon, City Attorney Harp explained the process for Public Records Act requests and payment of fees. Volume 63 - Page 258 City of Newport Beach Study Session and Regular Meeting April 25, 2017 Charles Griffin discussed nuclear reactors and electrical power and urged the Council to visit focusfusion.org. Dan Daley, Alzheimer Orange County, discussed services provided including the South County Adult Day Services Center. Steve Ray, Executive Director of Banning Ranch Conservancy, congratulated and welcomed the newly elected Council Members. He discussed efforts to work together on the future of Banning Ranch. He discussed the Coastal Commission denial and US Supreme Court reversal of the City's approval. He requested meeting with the City. Jim Mosher stated public records could be inspected at no cost. He stated the public was allowed to comment on items prior to Council decisions and voiced concern that the prior meeting agenda did not indicate the Reagan Centennial Memorial was being considered. Suzanne Savary discussed her involvement in the City and previous involvement in the Reagan statue. She argued that a John Kennedy statue should be installed as well. She requested the Council maintain a non-partisan model. Darrel Ferguson, Surfrider Foundation Newport Beach Chapter, discussed trash debris from storms and sand dredging and announced cleanup opportunities. He discussed problems from the Santa Ana River Flood Control Channel. City Manager Kiff suggested Mr. Ferguson contact the Public Works Department. Patty Humphreys stated art should not be politicized. George Schroeder stated rational for the statue was that Ronald Reagan was Governor of California and President of the United States. . Patty Gwin expressed concern with placing a statue of a political figure in the garden. Mayor Muldoon stated Ronald Reagan's campaign and personal ties were deep in Newport Beach. He stated he viewed Reagan as an artist, being a former actor, and thanked the speakers for their thoughts. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XIX. CURRENT BUSINESS 12. Bonita Canyon Sports Park Pickleball Courts — Award of Contract No. 8130-2 (17P12) [38/100-2016] Deputy Public Works Director Vukojevic and Recreation and Senior Services Director Detweiler presented a PowerPoint highlighting pickleball programs and growth in Newport Beach. The presentation included the proposed court location at Bonita Canyon Sports Park, design highlights, project schedule and next steps. Council Member O'Neill asked why the entire project was not funded from Park fees. City Manager Kiff stated it could all come from Park Fees. Senior Services Director Detweiler stated there was adequate funding. Deputy Public Works Director Vukojevic explained that it could be transferred to the Park fund. City Manager Kiff recommended use of Park funds. In response to Council Member Dixon, Senior Services Director Detweiler stated the San Joaquin courts would revert to tennis courts and discussed studies on tennis court usage. Volume 63 - Page 259 City of Newport Beach Study Session and Regular Meeting April 25, 2017 Council Member O'Neill indicated support for improving parks. Motion by Council Member O'Neill, seconded by Council Member Dixon, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) based on the project is a minor alteration of a public facility involving negligible expansion of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) approve the project drawings and specifications; c) award Contract No. 8130-2 to Green Giant Landscape, Inc. (Green Giant) for the total bid price of $531,100.00, and authorize the Mayor and City Clerk to execute the contract; d) establish $53,900.00, approximately 10 percent, contingency amount to cover the cost of unforeseen work not included in the original contract; and e) approve amended Budget Amendment No. 17BA-031 appropriating $625,000.00 from the Contributions (Park Fees) unappropriated fund balance to Account No. 13501-980000-171`12. Council Member Avery concurred with Council Member O'Neill. Council Member Peotter thanked staff for the pickleball demonstration and expressed excitement for the development. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon 13. Changing the Name of "Ensign View Park" to "John Wayne Park" to Honor the Former Resident [100-20161 City Manager Kiff presented the staff report regarding the name change of the park. In response to Mayor Muldoon, City Manager Kiff stated the park was not currently signed. He stated the park was previously named for a resident actively involved in the School District. Taryn Palumbo, John Wayne Foundation, urged the Council to approve the name. She discussed the fundraising event on May 26, 2017, with proceeds ongoing to the Cancer Foundation. Council Member Herdman indicated support due to John Wayne's significance to the City. He stated the park was already named after a person. Council Member Avery indicated support for John Wayne but discussed the policy of not naming parks after people. He suggested geographic names. Motion by Council Member Avery, seconded by Council Member Dixon, to direct that this issue be reviewed by the Parks, Beaches and Recreation Commission and bring back a recommendation to the City Council at a future meeting Council Member Dixon stated she seconded the motion in order to follow the appropriate process. Mayor Pro Tem Duffield concurred with Council Member Herdman that the park was already named after a person. He indicated support for naming the park after John Wayne. Substitute motion by Council Member Peotter, seconded by Mayor Muldoon, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) because this action will not result in a physical change to the environment, directly or indirectly; b) waive the requirements set forth in City Volume 63 - Page 260 City of Newport Beach Study Session and Regular Meeting April 25, 2017 Council Policy B-9, Naming of City Parks and Facilities, to allow the City Council to rename "Ensign View Park" to "John Wayne Park;" and c) adopt Resolution No. 2017-30, A Resolution of the City Council of the City of Newport Beach, California, Changing the Name of Ensign View Park to John Wayne Park to Honor the Former Resident. Nancy Skinner urged the Council to follow the process. She suggested something in Bay Shore be named after John Wayne. Jim Mosher endorsed the motion made by Council Member Avery. He suggested the park was named to identify it since it is near Ensign school. He suggested other naming opportunities. Council Member O'Neill discussed the purpose of the Subcommittee on Council Policies. He suggested the name of the park go through Parks, Beaches and Recreation Commission. Motion by Council Member O'Neill, seconded by Council Member Dixon, to table the item, pending review by the Parks, Beaches and Recreation Commission. City Attorney Harp stated the Council policy was to have one substitute motion. Council Member O'Neill stated Roberts Rule of Order allowed for two motions and he did not recall the policy determining the number of motions allowed. City Attorney Harp stated the Council's past practice was to allow only one substitute motion. City Clerk Brown stated either motion could be voted upon. Mayor Muldoon gave an impassioned speech on the importance of John Wayne and the Cancer Foundation to Newport Beach. He explained his reasoning for suggesting renaming the park. Council Member Peotter's motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon Nays: Council Member Avery, Council Member Dixon, Council Member O'Neill 15. Appointments to the Harbor Commission [24/100-20161 City Clerk Brown provided the staff report and explained the voting process. She reported that, if Council voted to extended one of the new Harbor Commissioner's terms from June 30, 2017 to June 30, 2021, the nominee receiving the most votes will receive the 2021 term. Motion by Council Member Peotter, seconded by Council Member Dixon, to extend one of the new Harbor Commissioner's terms from June 30, 2017 to June 30, 2021. 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 City Clerk Brown read the ballot votes for the Harbor Commission as follows: Ira Beer — Council Member Peotter, Mayor Muldoon Scott Cunningham — Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon Jamshed Dastur — Council Member Dixon John Drayton — Council Member Avery, Mayor Pro Tem Duffield Paul Prioleau — Council Member O'Neill Volume 63 - Page 261 City of Newport Beach Study Session and Regular Meeting April 25, 2017 Donald Yahn — Council Member Herdman City Clerk Brown announced that Scott Cunningham was appointed to the Harbor Commission for a term that expires on June 30, 2021. City Clerk Brown announced that the City Council would vote between Ira Beer and John Drayton for the remaining seats, and read the ballot votes as follows: Ira Beer — Council Member Peotter, Mayor Muldoon John Drayton — Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member O'Neill, Mayor Pro Tem Duffield City Clerk Brown announced that John Drayton was appointed to the Harbor Commission for a term that expires on June 30, 2019. Council Member Peotter stated he met with several candidates and they were all well qualified. He encouraged them to continue to apply for future openings. Mayor Pro Tem Duffield discussed the applicants and encouraged them to reapply in the future. Council Member O'Neill discussed the 14 qualified applicants and thanked the Mayor for appointing him to the subcommittee. Council Member Avery discussed the quality of the applicants and encouraged those not appointed to reapply. Council Member Dixon stated it was difficult to select from the quality applicants. She discussed the opening in June 2017. 16. Amended and Restated Employment Agreements for the City Manager (C-7033-2), City Attorney (C-7034-2), and City Clerk (C-7032-2) [38/100-20161 City Manager Kiff, City Attorney Harp and City Clerk Brown left the meeting. Human Resources Director Salvini presented the staff report. Jim Mosher questioned whether the goals were met. He pointed out an error in each contract regarding PERS contributions. Mayor Muldoon discussed Federal laws related to confidentiality of employee reviews. Council Member Peotter agreed with Mr. Mosher and suggested "8% of the salary". Human Resources Director Salvini disagreed stating the language as it currently read was appropriate. Council Member Peotter stated the language was unclear and needed to be corrected. Council Member O'Neill stated outside Council had vetted the agreements and City Attorney Harp had vetted the agreements for City Manager Kiff and City Clerk Brown, therefore he would not vote for the change. Mayor Muldoon indicated he would support the motion to allow review of the language. Council Member Peotter stated the language needed to clearly state the PERS contribution was 8% of compensation, not member contribution. Volume 63 - Page 262 City of Newport Beach Study Session and Regular Meeting April 25, 2017 Motion by Council Member Peotter, seconded by Mayor Pro Tem Duffield, 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; b) approve and authorize the Mayor to execute the Fifth Amended and Restated Employment Agreement between the City of Newport Beach and Dave Kiff, City Manager, as amended; c) approve and authorize the Mayor to execute the Fourth Amended and Restated Employment Agreement between the City of Newport Beach and Aaron Harp, City Attorney, as amended; d) approve and authorize the Mayor to execute the Fourth Amended and Restated Employment Agreement between the City of Newport Beach and Leilani Brown, City Clerk, as amended; and e) adopt Resolution No. 2017-32, A Resolution of the City Council of the City of Newport Beach, California, Modifying the Salary Range for the City Clerk and Establishing the Auto Allowances for the City Manager, City Attorney, and City Clerk. The motion carried by the following roll call vote: Ayes: Council Member Dixon, Council Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon Nays: Council Member Avery, Council Member Herdman, Council Member O'Neill XX. MOTION FOR RECONSIDERATION Motion by Council Member Dixon, seconded by Council Member Herdman, to reconsider the vote on Item 16. The motion carried by the following roll call vote: Ayes: Council Member Avery, Council Member Dixon, Council Member Herdman, Mayor Pro Tem Duffield Nays: Council Member O'Neill, Council Member Peotter, Mayor Muldoon Mayor Pro Tem Duffield requested to re -vote on the Motion for Reconsideration since he wanted to change his vote. The re -vote failed by the following roll call vote: Ayes: Council Member Dixon, Council Member Herdman Nays: Council Member Avery, Council Member O'Neill, Council Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon XXI. ADJOURNMENT - 9:10 p.m. in memory of Reed Johns 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 April 20, 2017, at 4:00 p.m. City Clerk Mayor Volume 63 - Page 263