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Home My WebLink About01 - MinutesApril 24, 2018 CITY OF NEWPORT BEACH Agenda Item No 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 SS1. 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 proclam tion. 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 tri Library Services Director Hetherton and the Board Members. SS4. Donate Life Run/Walk Mayor Duffield read the proclamationand presented it to Tina Vanderhorst, Ambassador of One Legacy, who. discussed the importance of donation and transplantation. Dr. Rose O'Meeghan invited evcaryone tc! participate in the 16th Annual Donate Life Run/Walk at. Cal State Fullerton on Axrril;'28, SS5. Poppy Mo Miss Poppies AshIP 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 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 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 Volume 63 - Page 479 City of Newport Beach Study Session and Regular Meeting April 10, 2018 questioned spending City funds on the issue, and felt 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 Strawa 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). Marcia 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 Unknown speaker expressed her reasons to (Opposing SB 54). Michelle St. Amour, representing DJM Ca] for the Balboa Peninsula Trolley (Item 5). SB 54 (Item 13). listed in Item 13 Marina Village, expressed support 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 Studv Session - Council Chambers Conference Room A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code §154957 (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 United States of America. ty. 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 Volume 63 - Page 480 City of Newport Beach Study Session and Regular Meeting April 10, 2018 V. VI. (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 (NBPNIA); 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 Ass( Firefighters Association (NBFA), the Laborers Intern (as affiliated with and on behalf of the Newport Bea Association (NBTEA) and Newport: Beach City Empl the current and former members of said unions, -4.8., capacity. are aware of the United States Court o App case of Flores v. City of San. Gabriel (9th Cir. 2016) 8 against the City of Newport Beach related to th compensation. RECESSED - 5:21 p.m. VII. ROLL CALL VIII. Present: Council Will (NBLMA), the Newport. Beach rnion of North America Local 77 i sional and Technical Employees suciation (NBCEA)), on behalf of lobert Salerno, in his individual he Ninth Circuit's decision in the 90 which may result in litigation ition and payment of overtime ,Council Member Diane Dixon, Council Member Jeff in Muldoon, Council Member Scott Peotter, Mayor Pro Tem Regarding Item IV.C, City IAttorney 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. INVOCATION - Council Member Peotter PLEDGE OF ALLEGIANCE - Mayor Pro Tem O'Neill NOTICE TO THE PUBLIC CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) 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 Volume 63 - Page 481 City of Newport Beach Study Session and Regular Meeting April 10, 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 Con; Waive reading of subject minutes, approve as 2. Reading of Ordinances Waive reading in full of all ordinances title only. ORDINANCE FOR ADOPT [10&20181 and direct the City Clerk to read by 3. Non -Exclusive Commerci4 Solid Waste:Franchise [42/100-20181 a) Determine this action is exempt froth the California Environmental Quality Act (CEQA) pursuant. to Sectiatts 16060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result ix1, 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 Neu?;port. & ch, California., Granting a Non -Exclusive Solid Waste Franchise to Provide Solid Wast 'Handling Serui.ces within the City of Newport Beach.. RESOLUTIONS FOR ADOPTION 4. Adoption of 2015 Amended Urban Water Management Plan [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; b) Adopt Resolution No. 2018-19, A Resolutionof the City Council of the City of Newport Beach-, California, Adopting the 2015 Amended Urban: Water Ma.nagem.en.t Plan:; and c) Direct staff to fulfill the notification requirements set, forth by the Water Code once the UWMP is adopted. 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) [38/100-20181 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; b) Adopt Resolution No. 2018-20, A Resolution of the City Council of the City of Necvport Beach, California, Approving the Submittal of the Balboa Shuttle Expansion Program Application. Volume 63 - Page 482 City of Newport Beach Study Session and Regular Meeting April 10, 2018 to the Orange Cou.n.ty Transportation Authority for Fu.n:ding Under Th.e Project V Coman un.ity- Based Tran.sUlCi.rculators 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 [100-2018] 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) Adopt Resolution No. 2018-21, AResolution of the City Council of the City of Newport Beach., California, Au.thorlZi.ng the Payment of Extra Monies held in Connection with Special Improuenten.t, 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 D.,No. 95-1 (CIOSA) to property owners located therein. CONTRACTS AND AGREEMENTS 7. FY 2016-17 Traffic Signal Rehabilitation Project.!.."Notice of Completion for Contract No. 8337-1 (Project 17T01) [381100-2618] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On March 28, 2017, City Couiicit.1 and `this project exempt, from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c). b) Authorize the City Clerk to srelease the Labor and Materials Bond 65 days after the Notice of Completion has been re.corded 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. 2017-2018 Playground ImproYments Project — Notice of Completion for Contract No. 8494-1 (18P01)[38/1#&201$ a) Accept the e.ompleted WbA 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) [38/100-2018] 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. 10. Approval and Award of Agreement to Hardy & Harper, Inc. for Sidewalk Grinding Services (C-8547-1) [38/100-2018] Continue to the April 24, 2018 City Council meeting. Volume 63 - Page 483 City of Newport Beach Study Session and Regular Meeting April 10, 2018 MISCELLANEOUS 11. Planning Commission Agenda for April 5, 2018 [100-2018] 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 Tern O'Neill, Mayor Duffield XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None Without objection, the City Council concurred to allow the ability to speak on Item 13 at this time because he i XVIII. CURRENT BUSINESS XVI. 13. Adoption of Resolution No. 2018-23 Opposing Congressman Rohrabacher expressed cities in opposing SB 54. Jim Mosher referenced his California Coastal Commiss Reverend Canon Cindy the last three years. Russell Niewiarow noise from JWA, o1 work with City Ma ressman Dana Rohrabacher flight to catch. Values Act) [100-2018] City should join other Orange County issed the potential Port Master Plan, noted and believed the City should stop its efforts. al Church, thanked the City for its support over roposal he and Charles Griffin developed to assist with mitigating the information to Council, and requested Council allow them to ig 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. 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. Volume 63 - Page 484 City of Newport Beach Study Session and Regular Meeting April 10, 2018 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) [38/100-2018) City Manager Kiff recused himself based on personal financial affect. Lauri Preedge read and provided a letter believing that requested the City Attorney conduct an investigation. Mel Beale, Airport Working Group (AWG), co airport, noted City Manager Kiffs knowledge of of his resignation due to upcoming airport d involvement in the City Manager recruitment F Lorian Petry expressed concern with fui the importance of finding the right execu and believed this should not be rushed. Act violation occurred and s efforts in dealing with the ,sled concern with the timing guested there be community uity on airport issues, discussed asized the need for transparency, 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 one 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 Kiffs 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. 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 Kiffs replacement has already been selected, and discussed Mark Denny's background. Tim Stokes stated he would like City Manager Kiff to complete his current contract and personally thanked him for a number of projects he was involved with. Volume 63 - Page 485 City of Newport Beach Study Session and Regular Meeting April 10, 2018 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 ne( and reviewed a timeline of events that was gig She asked how the Mayor and Mayor Pro Tem the full Council, and believed the actions.wer Policies. She stated, for the record, Council dit Council Members Dixon, Herdman and Aver was made public. She believed there was tun contract, in Closed Session. She emphasized tl ✓e the March 27, 2018 Council meeting oky and proofread by City Manager Kiff. to have this happen without consulting ,ent, with the City Charter and Council ve the idea, negotiations, or terms, and ,e the contract until the agenda packet s the City Manager's performance and 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 theCity, took issue relative to the current City Council Policy A-1 (City Couraeii}, 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 Kiff s 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. Motion by Council Member Muldoon, seconded by Council Member Peotter, 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, AResolu.t.ion of the City Council of the City of Newport. Beach, California, Approving and Authorizing the Mayor to Execute the Sixth. Arnen.ded and Restated Emplgyrnen.t. Agreement Volume 63 - Page 486 City of Newport Beach Study Session and Regular Meeting April 10, 2018 between. the City of Neuport Beach, and Dawe Kiff, City Manager; and c) appoint a City Council ad hoe 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 fromthe California Environmental Quality Act ("CEQA") pursuant. to Sections l i06t?(c)(2)„ and 15ti6t}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 Resolu,tio.n of th.e ,01y;,Council. of the City of Newport Beach., California, Approving and Authorizing: ilte.Mayor to Execute the Sixth Amended and Restated. Ernployment. Agreement between, the City of 1 Wiptaort. 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 Citv Council, including requesting qualifications and eoordiaaatin with City staff, bringing the responses back to the City Council for review, and eommunicat.ing directly with the City Council until the firm is hired; once an executive search firin is selected by the City Council, the City Clerk will interface with the firm, City staff, and the City Cr6un& and be the custodian of records for all applications in the interview procest1, arrax ge Iinterview dates and times; place an item on a future agenda in order to receive public input on tle qualifications the community expects in a City Manager; facilitate a conlznitnzty suru€y on the City's website in order to receive more input about the qualifications for th.e new City Manager; and emphasize that the hiring of the City Manager will include all members;bf fh6iiCitv Council, including reviewing and interviewing City Manager candidates as recominended 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 31/2 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 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) [100-2018] Volume 63 - Page 487 City of Newport Beach Study Session and Regular Meeting April 10, 2018 The following individuals expressed 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 their reasons for supporting the recommended action to 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. Volume 63 - Page 488 City of Newport Beach Study Session and Regular Meeting April 10, 2018 Council Member Peott.er 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 h) adopt Resolution No. 2018- 23, A Resolution of the City Coicncil 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 outthe 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 M Member Peot.t.er, Council Member Avery, Mayor, XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - 10:51 p.m. in memory of The agenda was posted on the City's we located in the entrance of the City April 5, 2018, at 4:00 p.m. Leilani I. Brown City Clerk Volume 63 - Page 489 Meml:)er Dixon, Council Mayor Duffield City Hall electronic bulletin board rs at 100 Civic Center Drive on Duffy Duffield Mayor