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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JANUARY 25, 2022
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 5:30 P.M.
KEVIN MULDOON, Mayor
NOAH BLOM, Mayor Pro Tem
BRAD AVERY, Council Member
JOY BRENNER, Council Member
DIANE B. DIXON, Council Member
DUFFY DUFFIELD, Council Member
WILL O'NEILL, Council Member
GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI I. BROWN, City Clerk
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting.
PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given.
This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas.
The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(a�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
JANUARY 25, 2022
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 5:30 P.M.
ROLL CALL — 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Orange County Housing Finance Trust Update
The Orange County Housing Finance Trust will provide an update on its activities over the past year as they work to help solve homelessness and the housing crisis in Orange County.
The City of Newport Beach is a Trust member city.
SS3. Housing Element Update
Staff will present recommended changes to the draft Housing Element based on the January 14, 2022 comments received from the California Department of Housing and Community Development (HCD).
III. PUBLIC COMMENTS ON AGENDA / NON -AGENDA ITEMS
The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non -agenda items. Speakers must limit comments to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items.
IV. CLOSED SESSION — After Study Session
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: American Legion, 215 15th Street, Newport Beach, CA 92663; Assessor Parcel Number 047-222-11.
Agency Negotiator: Seimone Jurjis, Community Development Director.
Negotiating Parties: Evin Planto on behalf of the American Legion.
Under Negotiation: Instructions to the Agency's Negotiator will concern the lease price and terms of payment.
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager and Barbara Salvini, Human Resources Director, Negotiators.
Employee Organizations: Part Time Employees Association of Newport Beach (PTEANB), and Association of Newport Beach Ocean Lifeguards (ANBOL).
V. RECESS
City Council Meeting
January 25, 2022
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Debbie Meline, Director of the Merage Jewish Community Center of OC, Irvine X. PLEDGE OF ALLEGIANCE
XI. NOTICE TO THE PUBLIC
The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items.
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA
• Consider extension of the revocable license agreement dated October 1, 2014, between the City of Newport Beach and Kobe, Inc., which was later assigned to Pacifica Christian High School, for the use of City property located at 1499 Monrovia Avenue [O'Neill] XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 — 8). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item.
All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the January 11, 2022 City Council Meeting 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.
City Council Meeting
January 25, 2022
ORDINANCES FOR ADOPTION
3. Ordinance No. 2022-1: Amending the Newport Beach Municipal Code for Lido Isle Hedge Heights (PA2019-132)
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. 2022-1, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2019-002 to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Hedge Heights in Front Setbacks Abutting Stradas in Lido Isle (PA2019-132).
4. Ordinance Nos. 2022-2 and 2022-3: Amending the Newport Beach Municipal Code Related to Cottage Preservation (PA2019-181)
a) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment; b) Conduct second reading and adopt Ordinance No. 2022-2, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Revisions to Zoning Code Amendment No. CA2019-006 Amending Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Cottage Preservation for Consistency with the California Coastal Commission's Modifications (PA2019-181); and
c) Conduct second reading and adopt Ordinance No. 2022-3, An Ordinance of the City Council of the City of Newport Beach, California, Accepting California Coastal Commission's Suggested Modifications and Adopting Local Coastal Program Amendment No. LC2019-004 to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Cottage Preservation (PA2019-181).
RESOLUTION FOR ADOPTION
5. Resolution No. 2022-8: Adopting a Memorandum of Understanding with the Newport Beach Employees League (LEAGUE) and Associated Salary Schedule 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. 2022-8, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Employees League and Associated Salary Schedule; and c) Approve Budget Amendment No. 22-038 appropriating $257,926 from unappropriated fund balances to various salary and benefit accounts to implement the terms of the MOU for the remainder of FY 2021-22, representing the first six months of the four-year period covered by the MOU.
MISCELLANEOUS
6. Grants and Donations Report for the Quarter Ending December 31, 2021 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) Receive and file.
City Council Meeting
January 25, 2022
7. Financial Statement Audit Results and Related Communication 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) Receive and file.
8. Dredging Disposal Alternatives Analysis by a Private Party: Harbor Commission Recommendation
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 the action will not result in a physical change to the environment, directly or indirectly; and b) Receive and file the Harbor Commission's recommendations to City Council that the Confined Aquatic Disposal Facility for dredged materials in Newport Harbor is the most viable and cost-effective solution with the most sufficient timeline for completing the project and not to consider the alternatives presented by Team Palmer any further.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record.
XVIII. CURRENT BUSINESS
9. Resolution No. 2022-2: Creating the General Plan Update Steering Committee (PA2017- 141) — continued from the January 11, 2022 City Council meeting 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. 2022-2, A Resolution of the City Council of the City of Newport Beach, California, Creating the General Plan Update Steering Committee (PA2017-141).
10. Ordinance No. 2022-4: Multiple Vessel Mooring System Clarifying Statements and Updates; and Resolution No. 2022-9: Multiple Vessel Mooring System Plans and Specifications
a) Determine this action exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it will result in negligible or no expansion of existing use, and also determine this action is not subject to CEQA pursuant to Section 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because this action has no potential for resulting in physical change to the environment, directly or indirectly;
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022- 4, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 17.01.030 and Section 17.60.040 of the Newport Beach Municipal Code to Delete Vessel Length Requirements and Clarify Approval Responsibility for the Multiple Vessel Mooring System and to Require Compliance with Applicable Plans and Specifications, and pass to second reading on February 8, 2022; and
City Council Meeting
January 25, 2022
c) Adopt Resolution No. 2022-9, A Resolution of the City Council of the City of Newport Beach, California, Amending the City of Newport Beach Design Criteria and Standard Drawings for Public Works Construction and the Waterfront Project Guidelines and Standards, Harbor Design Criteria, Commercial and Residential Facilities Related to Multiple Vessel Mooring Systems.
11. Resolution No. 2022-10: Adopting the 2022 Key and Management Compensation Plan for the Period January 1, 2022, through December 31, 2025, and Amending the City's Salary Schedule
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. 2022-10, A Resolution of the City Council of the City of Newport Beach, California, Adopting the 2022 Key and Management Compensation Plan, Which Shall be Effective from January 1, 2022, and Amending the City's Salary Schedule; c) Approve Budget Amendment No. 22-037 appropriating $343,614 from unappropriated fund balances to various salary and benefit accounts to implement the terms of the Key and Management Compensation Plan for the remainder of FY 2021-22, representing the first six months of the four-year period covered by the Plan; and d) Approve and adopt the revisions to the Citywide salary schedule as reflected in the 2022 Key and Management Compensation Plan.
12. Third Amended and Restated Employment Agreement for City Manager 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) Approve and authorize the Mayor to execute a Third Amended and Restated Employment Agreement between the City of Newport Beach and City Manager Grace K. Leung, subject to the terms and conditions approved by the City Council; and c) Approve Budget Amendment No. 22-039 appropriating $12,547 from unappropriated General Fund balance to various salary and benefit accounts to implement the terms of the Agreement for the remainder of FY 2021-22 (January 1, 2022, through June 30, 2022).
XIX. MOTION FOR RECONSIDERATION
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side.
XX. ADJOURNMENT
Testimony given before the City Council is recorded.
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