Loading...
HomeMy WebLinkAbout04/10/2018 - Study Session / Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting April 10, 2018 I. ROLL CALL - 4:30 p.m. Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon (arrived at 4:40 p.m.), Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield II. CURRENT BUSINESS SSI. Clarification of Items on the Consent Calendar - None SS2. Recognition of Eagle Scout Chandler Airth Mayor Duffield discussed Eagle Scout Chandler Airth's project to illuminate markers throughout the Harbor and presented him with a proclamation. SS3. National Library Week Proclamation Library Services Director Hetherton, on behalf of the Board of Library Trustees, library staff and visitors, thanked Council for their continued support and introduced Chair Jill Johnson - Tucker, Vice Chair Janet Ray, and Members Doug Coulter and Paul Watkins. Mayor Duffield read the proclamation and presented it to Library Services Director Hetherton and the Board Members. SS4. Donate Life Run/Walk Proclamation Mayor Duffield read the proclamation and presented it to Tina Vanderhorst, Ambassador of One Legacy, who discussed the importance of donation and transplantation. Dr. Rose O'Meeghan invited everyone to participate in the 16th Annual Donate Life Run/Walk at Cal State Fullerton on April 28, 2018. SS5. Poppy Month Proclamation Miss Poppies Ashley and Madison Treater 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 their support. Mayor Duffield read the proclamation and presented it to Debbie Schubert, Carolyn Whitlinger and Miss Poppies. SS6. Child Abuse Prevention Month Proclamation Mayor Duffield read the proclamation and presented it to Scott Trotter, Executive Director of the Child Abuse Prevention Center, who provided the history of the Child Abuse Prevention Center. Debashis Chowdhury, President of Canterbury Consulting Group, presented the City with the Champion of Children award. III. PUBLIC COMMENTS Volume 63 - Page 479 City of Newport Beach Study Session and Regular Meeting April 10, 2018 Regarding Closed Session, Jim Mosher believed Item IV.A is late and none of the goals for the Council appointed employees have been shared with the public, Item IV.B is also late and no notice regarding the negotiations has been provided, expressed gratitude for listing the litigation under Item IV.0 but questioned spending City funds on the issue, and believed Item IV.E should be a conference with legal counsel, not labor negotiators as the agenda states. Dura Young expressed her reasons to support the recommendations listed in Item 13 (Opposing SB 54). Kenny Straws expressed his reasons to support the recommendations listed in Item 13 (Opposing SB 54). Julie Johnson, representing Citizens Against Airport Noise and Pollution (CAANP), stated CAANP is concerned with City Manager Kiffs retirement (Item 12) due to his expertise in airport issues. Lorian Petry expressed hope that City Manager Kiff remains with the City to assist with airport and NextGen issues (Item 12). Marsha Kendall, CAANP member, expressed hope that the City will hire a national executive recruiting firm to find City Manager Kiffs replacement (Item 12). Fred McIntosh expressed opposition to SB 54 (Item 13). Larry Bales read a letter he sent to the City of Los Alamitos regarding SB 54 (Item 13). Unknown speaker expressed her reasons to support the recommendations listed in Item 13 (Opposing SB 54). Michelle St. Amour, representing DJM Capital Partners and Lido Marina Village, expressed support for the Balboa Peninsula Trolley (Item 5). Mary Kyle expressed her reasons to oppose the recommendations listed in Item 13 (Opposing SB 54). City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items as listed in the Closed Session agenda, read the titles and announced that City Manager Kiff will be recusing himself from Items IV.A and IV.B based on personal financial impacts. IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957 (b)(1)): 1 matter Title: Dave Kiff, City Manager B. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6 (a)): 1 matter Agency Designated Representative: Marshall "Duffy" Duffield, Mayor Unrepresented Employee: Dave Kiff, City Manager C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter Volume 63 - Page 480 City of Newport Beach Study Session and Regular Meeting April 10, 2018 United States of America u. State of California, et al. USDC Case No. 2:18-cv-00490-JAM-KJN (Senate Bill 54 - California Values Act) D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director, Brian P. Walter and Peter Brown; Labor Negotiators. Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA); Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Employee Association (NBPTEA). E. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e)(2)): 6 matters The Newport Beach Lifeguard Management Association (NBLMA), the Newport Beach Firefighters Association (NBFA), the Laborers International Union of North America Local 777 (as affiliated with and on behalf of the Newport Beach Professional and Technical Employees Association (NBTEA) and Newport Beach City Employees Association (NBCEA)), on behalf of the current and former members of said unions, as well as Robert Salerno, in his individual capacity, are aware of the United States Court of Appeals for the Ninth Circuit's decision in the case of Flores u. City of San Gabriel (9th Cir. 2016) 824 F.3d 890 which may result in litigation against the City of Newport Beach related to the calculation and payment of overtime compensation. V. RECESSED -.5:21 p.m. VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield VIII. CLOSED SESSION REPORT Regarding Item IV.C, City Attorney Harp announced that the City Council authorized the City Attorney's Office to take action to support the lawsuit filed by the United States of America, including but not limited to filing an amicus brief. The motion was made by Council Member Muldoon, seconded by Mayor Duffield, and unanimously approved. He further expressed Council's primary concern relative to this issue. IX. INVOCATION - Council Member Peotter X. PLEDGE OF ALLEGIANCE - Mayor Pro Tem O'Neill XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) Volume 63 - Page 481 City of Newport Beach Study Session and Regular Meeting April 10, 2018 Council Member Dixon: • Requested a future agenda item to review City Council Policy A-1 (City Council) • Announced the reopening of St. James Episcopal Church on April 8, 2018, the Speak Up Newport meeting to discuss homeless on April 11, 2018, the Finance Committee meeting on April 12, 2018, and her Town Hall meeting on April 16, 2018 Council Member Herdman: • Announced he participated in a STAYY simulation at the Long Beach Airport on April 3, 2018 which simulated take -offs at John Wayne Airport (JWA) Mayor Pro Tem O'Neill: • Attended the Police Appreciation Breakfast and a housing conference • Announced he participated in the Special Olympics Torch Run event and read to children as part of National Library Week Mayor Duffield: Attended the Police Appreciation Breakfast, the Special Olympics Torch Run event, and the Newport Elementary School's performance of the Wizard of Oz where he was presented a proclamation by the Mayor of Munchkin City XIII. PUBLIC COMMENTS ON CONSENT CALENDAR - None XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 27, 2018 City Council Meeting [100-2018] 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. Non -Exclusive Commercial Solid Waste Franchise [421100-2018] 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. 2018-3, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non -Exclusive Solid Waste Franchise to Provide Solid Waste Handling Seruices within the City of Newport Beach. RESOLUTIONS FOR ADOPTION 4. Adoption of 2015 Amended Urban Water Management Plan [100-2018] 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; b) Adopt Resolution No. 2018-19, AResolution of the City Council of the City of Newport Beach, California, Adopting the 2015 Amended Urban Water Management Plan; and c) Direct staff to fulfill the notification requirements set forth by the Water Code once the UWMP is adopted. 5. Authorize Submittal of Orange County Transportation Authority Grant Application for Expansion of the Balboa Peninsula Trolley Program and Approve Amendment No. 3 with Professional Parking (C-8306-2) [381100-2018] Volume 63 - Page 482 City of Newport Beach Study Session and Regular Meeting April 10, 2018 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; b) Adopt Resolution No. 2018-20, A Resolution of the City Council of the City of Newport Beach, California, Approving the Submittal of the Balboa Shuttle Expansion Program Application to the Orange County Transportation Authority for Funding Under The Project VCommunity- Based Transit/ Circulators Program; c) Authorize the City Manager to sign grant documents; and d) Approve Amendment No. Three with Professional Parking for the Balboa Peninsula Trolley Program allowing 10, 12 or 15 weekend schedules and direct the City Manager to proceed on the 15 -weekend schedule only upon approval of the grant. Mayor Pro Tem O'Neill and Council Member Muldoon voted "no" on Item 5. 6. Disposition of Excess Special Improvement District Fund Balances [100-20181 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. 2018-21, AResolution of the City Council of the City of Newport Beach, California, Authorizing the Payment of Extra Monies held in Connection with Special Improvement District No. 95-1 to Property Owners Located Therein, which authorizes staff to refund net special tax proceeds on a pro rata basis based on each property owners proportional share of special taxes collected in excess of amounts required to pay debt service and administrative costs of Special Improvement District No. 95-1 (CIOSA) to property owners located therein. CONTRACTS AND AGREEMENTS FY 2016-17 Traffic Signal Rehabilitation Project — Notice of Completion for Contract No. 8337-1 (Project 17T01) [38/100-20181 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On March 28, 2017, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (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. S. 2017-2018 Playground Improvements Project — Notice of Completion for Contract No. 8494-1 (181`01) [38/100-20181 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On September 26, 2017, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (Replacement or Reconstruction); 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 the Faithful Performance Bond one year after acceptance by the City Council. 9. FY 2017-18 Traffic Signal Rehabilitation Project — Award of Contract No. 7314-1 (Project 18T01) [381100-2018] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c) (maintenance of existing public facilities involving negligible or no expansion of use); b) Approve the project plans and specifications; c) Award Contract No. 7314-1 to California Professional Engineering, Inc. for the total bid price of $359,684.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $36,316.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract. Volume 63 - Page 483 City of Newport Beach Study Session and Regular Meeting April 10, 2018 10. Approval and Award of Agreement to Hardy & Harper, Inc. for Sidewalk Grinding Services(C-8547-1)[381100-2018] Continue to the April 24, 2018 City Council meeting. MISCELLANEOUS 11. Planning Commission Agenda for April 5, 2018 [100-20181 Receive and file. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the Consent Calendar; and noting the "no" votes by Mayor Pro Tem O'Neill and Council Member Muldoon on Item 5. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None Without objection, the City Council concurred to allow Congressman Dana Rohrabacher the ability to speak on Item 13 at this time because he had a flight to catch. XVIII. CURRENT BUSINESS 13. Adoption of Resolution No. 2018-23 Opposing Senate Bill 54 (California Values Act) [100-2018] Congressman Rohrabacher expressed his reasons why the City should join other Orange County cities in opposing SB 54. XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Mosher referenced his written comments, discussed the potential Port Master Plan, noted California Coastal Commission staff oppose AB 1196, and believed the City should stop its efforts. Reverend Canon Cindy Voorhees, St. James Episcopal Church, thanked the City for its support over the last three years. Russell Niewiarowski discussed a proposal he and Charles Griffin developed to assist with mitigating noise from JWA, offered to provide the information to Council, and requested Council allow them to work with City Manager Kif£ on long term and short term solutions. Charles Griffin discussed the changes in how airplanes are made and noted their proposal directs flights over the freeway, not the City. Mike Glenn discussed a meeting last year in which the trolley program was discussed, played a voicemail he received in response to a Public Records Act Request (PRAR), and requested an apology from the City. City Attorney Harp highlighted the lawsuit Mr. Glenn filed against the City, discussed the reason for hiring outside counsel, and noted the City won the lawsuit. Kim Sorgente discussed immigration and requested that Council adopt a resolution against illegal immigration. City Attorney Harp noted that the request is out of the subject matter jurisdiction of the City Council. Volume 63 - Page 484 City of Newport Beach Study Session and Regular Meeting April 10, 2018 Bethany Webb took issue with the previous speaker's comments. Phil Greer invited everyone to a symposium about the environmental impacts of homelessness hosted by Orange Coast River Park and the UCI School of Social Ecology on April 19, 2018, at the UCI Beckman Center. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Avery discussed the April 5, 2018 Water Quality/Coastal Tidelands Committee meeting. Mayor Pro Tem O'Neill announced he will be attending the San Joaquin Hills Transportation Corridor meeting on April 12, 2018. XVIII. CURRENT BUSINESS 12. City Manager Employment Agreement Amendment and Commencement of Process for Recruitment of New City Manager (C-7033-3) [381100-2018] City Manager Kiff recused himself based on personal financial affect. Lauri Preedge read and provided a letter believing that a Brown Act violation occurred and requested the City Attorney conduct an investigation. Mel Beale, Airport Working Group (AWG), commended the City's efforts in dealing with the airport, noted City Manager Mffs knowledge of airport issues, expressed concern with the timing of his resignation due to upcoming airport discussions, and requested there be community involvement in the City Manager recruitment process. Lorian Petry expressed concern with future leadership continuity on airport issues, discussed the importance of finding the right executive search firm, emphasized the need for transparency, and believed this should not be rushed. James Lapossas noted that he and others in the community appreciate the City Council, thanked City Manager Kiff for his years of service, and believed Council will find a qualified and competent new City Manager. Seymour Beek noted the City has gone through many City Managers and believed Council is acting in a levelheaded manner in this situation. Nancy Gardner expressed confusion about the contract and how it came about, and believed the City should use its subpoenaing power to get answers. Walter Stahr requested Council oppose the approval of the contract or defer the issue. Michael McClellan thanked Council for what they do and believed they are planning ahead for an important executive position change. John O'Hara expressed his appreciation for what Council does and their time commitment. Nancy Skinner noted City Manager Kif's knowledge and expressed concern about the future of the City due to a Council majority not involving their colleagues in major decisions. Peter Van Voorhis believed there are more important issues to deal with than debating about a City Manager since any employee can be replaced. Volume 63 - Page 485 City of Newport Beach Study Session and Regular Meeting April 10, 2018 Susan Skinner believed there was a violation of the Brown Act, indicated she made copies of her correspondence and placed it in the vestibule, believed City Manager Mffs replacement has already been selected, and discussed Mark Denny's background. Tim Steaks stated he would like City Manager Mff to complete his current contract and personally thanked him for a number of projects he was involved with. Joy Brenner encouraged Council to do what is best for the City, requested a transparent process to find the next City Manager, and suggested retaining City Manager Kiff for the transition of the new City Manager. Bob Rush believed there is no need for insinuations, the new City Manager might even be better than City Manager Kiff, and there should be a transition plan for every key position in the City. Mayor Duffield reviewed City Manager Kiffs retirement announcement, noted his standing meetings with him, discussed the transition plan, reported that it was expected that this would be discussed with the entire Council, and explained that City Manager Kiffs plans were sped up when the rumors began. He assured everyone that a majority of Council did not demand his resignation, no one has been selected to replace him, an outside executive search firm will assist with the process, and all Council Members will be involved. Mayor Pro Tem O'Neill noted that City Manager Kiff had been planning to retire for over a year, commended the strength of the department directors and their staff, and for assisting the City during the transition. He reported he has never met or spoken to Mark Denny and assured the process will include an outside executive search firm and all Council Members. Council Member Dixon explained why she needed to leave the March 27, 2018 Council meeting and reviewed a timeline of events that was given to her by and proofread by City Manager Kiff. She asked how the Mayor and Mayor Pro Tem were able to have this happen without consulting the full Council, and believed the actions were inconsistent with the City Charter and Council Policies. She stated, for the record, Council did not approve the idea, negotiations, or terms, and Council Members Dixon, Herdman and Avery did not see the contract until the agenda packet was made public. She believed there was time to discuss the City Manager's performance and contract in Closed Session. She emphasized the need for transparency. Council Member Herdman noted he placed copies of his comments in the vestibule, referenced the City Charter, indicated the entire Council had a right to participate in the process, expressed concern for how this action will affect the City, took issue relative to the current City Council Policy A-1 (City Council), and expressed concern with the monetary compensation associated with the conditions of termination in the contract. Council Member Avery believed this did not have to happen and stated everyone needs to move forward and get back to business. Council Member Peotter noted City Manager Kiff informed Council last year that he was going to retire at the end of 2018; however, decided an earlier retirement allows for an easier and transparent transition. He assured everyone there was no Brown Act violation, reported he did not see the contract until the agenda packet was made public, indicated he had mentioned Mark Denny to City Manager Kiff because of his harbor experience, not as a replacement, reminded everyone that Council selects the City Manager, and pointed out that Council Member Herdman voted against City Manager Kiffs contract. Council Member Muldoon assured everyone that his respect for City Manager Kiff has grown over the years and he leaned on City Manager Kiff when he was Mayor. He expressed disappointment that a Brown Act violation complaint was filed today. He agreed that City Manager Kiff talked about retiring ever since he began his term on Council. Volume 63 - Page 486 City of Newport Beach Study Session and Regular Meeting April 10, 2018 Motion by Council Member Muldoon, seconded by Council Member Peotter, to a) determine this action is exempt from the California Environmental Quality Act ("CEQX') 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; b) adopt Resolution No. 2018-22, AResolution of the City Council of the City of Newport Beach, California, Approving and Authorizing the Mayor to Execute the Sixth Amended and Restated Employment Agreement between the City of Newport Beach and Dave Kiff, City Manager; and c) appoint a City Council ad hoc committee to interview and recommend an executive search firm to look for a new City Manager. The ad hoc committee shall make its recommendation to the City Council, and the Mayor is authorized to sign the agreement with the executive search firm. Council Member Herdman noted that Mark Denny was convicted of voter fraud and believed City Manager Kiff was pressured into retiring early. Mayor Pro Tem O'Neill pointed out that Council Member Dixon did not have the full conversation with City Manager Kiff, indicating City Manager Kiff told him he never felt pressured to retire. He added that City Manager Kiff developed the transition plan. He indicated, however, he wished he would have rethought about not bringing this to Council immediately. Without objection by the maker of the motion and seconder, Mayor Pro Tem O'Neill suggested that the Council ad hoc committee consist of Council Members Dixon, Muldoon and Avery. City Attorney Harp reviewed the terms of the contract. Following discussion, substitute motion by Council Member Dixon. 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; b) adopt Resolution No. 2018-22, A Resolution of the City Council of the City of Newport Beach, California, Approving and Authorizing the Mayor to Execute the Sixth Amended and Restated Employment agreement between the City of Newport Beach and Dave Kiff, City Manager, including amending the date within the agreement from April 3, 2018, to April 4, 2018; and c) direct the City Clerk to oversee the executive search firm process for the City Council, including requesting qualifications and coordinating with City staff, bringing the responses back to the City Council for review, and communicating directly with the City Council until the firm is hired; once an executive search firm is selected by the City Council, the City Clerk will interface with the firm, City staff, and the City Council and be the custodian of records for all applications in the interview process, arrange interview dates and times; place an item on a future agenda in order to receive public input on the qualifications the community expects in a City Manager; facilitate a community survey on the City's website in order to receive more input about the qualifications for the new City Manager; and emphasize that the hiring of the City Manager will include all members of the City Council, including reviewing and interviewing City Manager candidates as recommended by the executive search firm. In response to Council Member Herdman's question, City Clerk Brown confirmed she does not have experience with selecting an executive search firm or the City Manager recruitment process. Mayor Duffield reported he initially had issues with City Manager Kiff before he was on Council, but has been meeting with him every Monday for 3'/2 years and has grown to admire him. He pointed out that some of the conversations that were displayed by Council Member Dixon were 3 to 4 years old. The substitute motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield Volume 63 - Page 487 City of Newport Beach Study Session and Regular Meeting April 10, 2018 Mayor Duffield recessed the meeting at 9.03 p.m. and reconvened the meeting at 9:15 p.m. with all Council Members in attendance. 13. Adoption of Resolution No. 2018-23 Opposing Senate Bill 54 (California Values Act) [100-20181 The following individuals expressed their reasons for supporting the recommended action to oppose SB 54: Kenny Strawa Lauren Canty Fred Denny Patrice Lynes Stella May Denise Aliberti Francisco Gonzalez Bob Gast Leonor Ferris Megan Dowling Ava Bays Dean Stratton Sara Sullivan Kim Sorgente Unidentified Speaker Hernando Garcia Unidentified Speaker Unidentified Speaker Elsa Aldeguer Ruth Kobayashi Rickie Hulsey Unidentified Speaker Suni Meagher The following individuals expressed their reasons for opposing the recommended action to oppose SB 54: Tyler Wong Alex Rabbi Stephen Einstein Unidentified Speaker Martin Dietrich Joanna Weiss Jutta Gamboa Unidentified Speaker Michelle Jordan Two Unidentified Speaker Judy Wilke Steve Timberman Sabrina Hughes Luis Alesman Unidentified Speaker Samir Durani Karen Coyne Sara Holland Skye Wagoner Fay Hezar Bethany Webb Omar Siddiqui Volume 63 - Page 488 City of Newport Beach Study Session and Regular Meeting April 10, 2018 Council Member Muldoon noted that the lawsuit Council voted on in Closed Session, addresses convicted criminals and their treatment upon release, and indicated there is no legal liability to filing an amicus brief and probably no cost to the City. Council Member Peotter expressed support for the resolution and pointed out that this is being done so the City's police department can effectively fight criminals and coordinate with other agencies to do the same. Motion by Council Member Peotter, seconded by Council Member Dixon, 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. 2018- 23, A Resolution of the City Council of the City of Newport Beach, California, Opposing Senate Bill 54 (California Values Act). Mayor Pro Tem O'Neill reported that Council voted on August 8, 2017, to send a letter opposing SB 54, emphasized the City has a strong history of respecting the decency and rights of people who come into the community, and pointed out the issue of constitutionality will be decided by the Federal court. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - 10:51 p.m. in memory of Ronald Loutherback 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 5, 2018, at 4:00 p.m. 61A WA Mayor Leilani I. Brown City Clerk Volume 63 - Page 489