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HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach City Council Meeting January 25, 2022 February 8, 2022 Agenda Item No. 1 Nancy Scarbrough suggested an alternative plan for an inclusionary requirement by using surplus funds to loan Accessory Dwelling Unit (ADU) owners to bring units up to code, thus reducing the number of affordable housing units in other parts of the City. Jim Mosher noted the number of deficiencies in the first and second HCD letters, predicted the upcoming Housing Element Update will not be compliant with State law, and questioned action steps by staff to comply with the public participation requirement and General Plan Update. Debbie Stevens expressed her disappointment in the Housing Element Update and questioned the approach staff is taking to understand the details of the HCD comment letter. Community Development Director Jurjis and Deputy Community Development Director Campbell related meetings with HCD and staff to gain greater clarification of Housing Element requirements, inconsistent instruction of laws from HCD, and lawsuit exposure. In response to Council Member Dixon's questions, Community Development Director Jurjis clarified staffs request for direction on whether to include or remove Banning Ranch in the Housing Element Update and disnersel+wrse affordable units in other areas of the City. Council Member Dixon recounted the 2016 California Coastal CommissionCC) decision that denied Banning Ranch property owners the ability to develop�l'ie property tile preserving 90 percent for open space. y Mayor Pro Tem Blom acknowledged and comed thee, energy, and money contributed by the Council, public, and staff towards this p e t and discussed possible future opportunities with Banning Ranch. In response to Council Member Br miner's quest#n, Deputy Community Development Director Campbell confirmed that the outreach efforts by the City to the homeless community are included in the low affordable housing requirement. During a straw vote to MOWBanning Ranch in the Housing Element Update inventory and not conto RHNA, there was a vote of 6-1 with Council Member Brenner uotin o; h r, wring the Closed Session Report, it was noted that she changed her of ative. III. PUBLIC COMMENT DA AND NON -AGENDA ITEMS - None City Attorney Harp a unced that the City Council would adjourn to Closed Session to discuss the items listed in the Closed Session agenda and read the titles. Council Member Brenner recused herself from Closed Session Item IV.A due to her American Legion Auxiliary membership and potential bias. IV. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS EXISTING LITIGATION (Government Code § 54956.8): 1 matter Property: American Legion, 215 15th Street, Newport Beach, CA 92663; Assessor Parcel No. 047-222- 11. Agency Negotiator: Seimone Jurjis, Community Development Director. Negotiating Parties: Evin Planto on behalf of the American Legion. Volume 65 - Page 230 City of Newport Beach City Council Meeting January 25, 2022 suggested and issues with the sites as it pertains to grading plans, the ability to receive permits, project timing, U.S. Environmental Protection Agency (EPA) guidelines for sediment disposal, and future costs related to sand mining off the ocean floor. In response to Mayor Muldoon's question, Public Works Director Webb and Public Works Administrative Manager Miller indicated that 250,000 to 260,000 cubic yards of the harbor bottom material is recoverable and can be usedfor sand replenishment near the shore zone, along the ocean beaches. Mayor Muldoon shared his reasons for allowing the hearing to take place, including the lack of clarity from the consultant and notice to Team Palmer, his interest in gaining a rebuttal from the consultant, and the opportunity for two options. Mr. Luckey shared mitigation alternatives thatte preclude plant growth, ideas for Castaways Park space, and clarified the sand removal plan (Potential Area No. 1). In response to Council Member Dixon's question, Mr. Luckey i ted that the high-level grading plan slide has been slightly modified from his original propos d offered to send a watercolor rendering of the grading plan to show land usability. Brent Mardian, Team Palmer consultant, clarifi that evel grading slide is a Team Palmer conceptual drawing and, in response to cil er Dixon's question, Mr. Mardian expressed the opinion that the material can be pl t rd site but more time is needed to refine the idea, and clarified the time exten est, challenges related to sediment management, Team Palmer's intentions, time ancies, and first CEQA public scoping meeting objectives and decision making options. In response to Mayor Muldoon's qu tion, Mr. Luckey reported that Team Palmer considered 11 potential sites, of which eight we site surveyed, three were further considered, and Lower Castaways was found most sensibl6, Mayor Pro Tem Blom exprthat disgruntled homeowners living near a CAD could result in potential project d In response to Counc 3"Duffiekfs question, Public Works Administrative Manager Miller confirmed there would , 00 cubic yards of disposal from the Federal channel and 50,000 cubic yards more from residential and City disposal, Team Palmer's proposal would only accommodate 100,000 cubic yards. Shana Conzelman expressed her concern for the Harbor's water quality, dismay in the CAD location, and referenced a comparative site in Minnesota. Harbor Commission Chair Kenney noted the study conducted by the Harbor Commission, the relationship between the City and Federal government, the dredging window of opportunity, noted the EIR is certified, the ramifications of a delays with a site change, private homeowner provisions for cleaning under docks, time and analysis given to Team Palmer, and recommended that Council move forward with the CAD. Harbor Commission Vice Chair Beer noted his role as a conduit between Team Palmer and staff, three key elements needing to be satisfied, cost saving opportunities, time factor threats to EPA concessions, material size needs and shortages, the unlikely ability for Team Palmer to receive permits, and the history of the project since inception. Volume 65 - Page 235 City of Newport Beach City Council Meeting January 25, 2022 XVII. Council Member Avery noted the importance of exploring alternatives, but not at the cost of losing the current plan or timeline, emphasized that the Lower Castaways is an iconic site, and expressed his support for a solution that does not produce a CAD, recognized the . ; fficulty of no CAD, and acknowledged the current process and focus on long-term Harbor health. In response to Council Member Brenner's question, Public Works Director Webb and Public Works Administrative Manager Miller indicated that, without further calculations, it appears the material would fill up to the road level and then back up the slope of Lower Castaways, questioned if the City Council or regulatory agencies would agree to this plan or issue a permit, and reiterated the material amounts allowable by the Federal government to dump in the ocean water and estimated by the City, and concessions and appeal opportunities from the EPA. Mayor Muldoon concurred with Council Member Brenner that the CCC may be opposed to changing the appearance of the bluff, questioned space availability, and offered distribution alternatives. Council Member O'Neill concurred with Council Member AvAry and thanked staff and Council Member Duffield for their time and effort in this project.' A In response to Council Member Dixon's questions, Public Works Administrative Manager Miller noted other California harbors who are seeking funding and struggling to manage dredged materials and sediment disposal. Council Member Dixon expressed concerns that the City Council does not want to risk losing funding and disrupt the timeline, and expressed her appreciation to staff, the community, and Harbor Commission for a thorough review and analysis of the project. In response to Council Member Duffiekfs question, Pub11FWorks Administrative Manager Miller reported that Newport Harbor is the only harbor awarded Federal funding for dredging this year throughout the State of California. Mayor Muldoon noted that no one on (uncil has expressed opposition to dredging. Council Member Dixon anno e role of Congresswoman Steel in the Federal funding approval. A With Council Ahr Dufi -ting "no," the motion carried 6-1. Mayor Muldoon recess eeting at 7.40 p.m. and reconvened the meeting at 7.48 p.m. Dennis Bress reported the start of the John Wayne Airport (JWA) Fly Quiet Program and credited members of Council, staff, the Aviation Committee, and volunteers for their contributions, indicated the number of flights expected this year, discussed supporters and non -supporters of the American Rescue Plan, and expressed his expectations of elected officials. Susan Skinner read the press release issued by the Lincoln Club and asked Council to consider a no vote on the Elect Our Mayor ballot measure that is on the June 2022 ballot. Jim Mosher questioned the residential trash collection green cart distribution schedule, Standard Valet Service charges, three cart allotment per household or per lot, and recyclable sorting guidelines. In response to Council Member Brenner's questions, Public Works Director Webb clarified recycling cart allotment designations and the Standard Valet Service. Mayor Muldoon expressed his gratitude for the efforts of Congresswoman Steel, staff, and the City Council for securing the Federal funding for dredging in Newport Beach. Volume 65 - Page 237 City of Newport Beach City Council Meeting January 25, 2022 In response to Council Member Brenner's request for regular updates to the City Council, Council Member O'Neill suggested a change to Section G (Purpose and Responsibility) to provide at least bi-monthly reports to the City Council. Mayor Muldoon clarified the friendly amended motion to exclude members of the City Council, include a minimum bi-monthly report to the City Council, and support the Mayor's right to appoint the members. The motion carried unanimously. 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 [100-2021] Council Members Avery, Dixon and Duffield recused themselves due to their membership in the Newport Harbor Yacht Club. Public Works Administrative Manager Miller referenced the revised ordinance that reflected a change in language from Harbor Department to Harbormaster and ut11Li&d a presentation to review the Multiple Vessel Mooring System (MVMS), single point moor l�e at Balboa Yacht Club and Newport Harbor Yacht Club, and a MVMS depiction. Harbor Commission Vice Chair Beer clarified the solutions or small boats with this resolution, proposal initiatives, yacht club consensus, and the multi -tier approach. Public Works Administrative Manager Millr elaborated on the updates to the existing MVMS with the intent to develop review and approval pVs�ctandards. Jim Mosher questioned the particip�pf'Cty staff and Harbor Commission members with NewpHvt 14arbHP Yacht Club meml�d the need for a Coastal Development Permit. Heid Hall applauded the work of t arbor Commission, questioned the intent of an update, requested the ordinance wording remain unchanged, and suggested adding a moratorium until the work is completed, F Harbor Commission Vice Chenr Beer clarified the MVMS aspects of Title 17, indicated the current issues in the mooring fields, necessary improvements to increase navigation safety and space efficiency, plans to introduce floats for a two-point MVMS for City -owned moorings, and outlined the plan steps. Heidi Hall explained her obstacles and interest in obtaining a two -mooring permit as a lessee. Harbor Commission Vice Chair Beer noted the current space limitations at the mooring field rows and plans to increase capacity after the redesign. Mayor Muldoon acknowledged his understanding of why the Harbor Commission chose the Balboa Yacht Club and Newport Harbor Yacht Club for redesign. City Attorney Harp reiterated that an amended ordinance was circulated with minor modifications. Motion by Mavor Muldoon, seconded by Mavor Pro Tem Blom, to 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 Volume 65 - Page 239 City of Newport Beach City Council Meeting January 25, 2022 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 amended 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 c) adopt Resolution No. 2022-9, A Resolution of the City Council of the City of Newport Beach, California, Amending the City of NewportBeach 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. With Council Members Avery, Dixon, and Duffield recusing themselves, the motion carried 4-0. 11. Resolution No. 2022-10: Adopting the 2022 Key and Man*ment Compensation Plan for the Period January 1, 2022, through December 31, 2025, Amending the City's Salary Schedule [100-2021] Human Resources Director Salvini summarized the terms and codktions of employment for 90 unrepresented employees, noted that the plan is not a contract nor is negotiated with the employees, and outlined the proposal inclusions of a four-year term, wage adjustments of two percent each January, the one-time lump sum payment of $2,000 for covered employees, City -paid short-term and long-term disability benefits, and discussed the implementation of a 401(al plan. Motion by Mavor Pro Tem Blom, 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 CE414--uidelines because this action will not result in a physical change to the environment, directly or indirectly; b) adopt Resolution No. 2022-10, AResolution of the City Council of the City of Newprt 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. The motion carrie!onanimously. 12. Third Amended and Restated Employment Agreement for City Manager (C-8568-4) [38/100-2021] City Manager Leung recused herself due to the potential financial interest conflicts. Human Resources Director Salvini summarized the provisions of the agreement to include a five- year term ending December 30, 2026, a five percent merit adjustment upon the contract effective date, cost of living adjustments tied to those received by executive management members in the Key and Management Compensation Plan group beginning in January 2023 and each January thereafter, 2.5 percent performance pay contingent on satisfactory performance reviews, implementation of a deferred compensation account and 401�aj account with annual City contributions on the effective date of the agreement, the proposed adjustment for flex leave accrual rate, and a severance agreement to provide a cash settlement equal to the monthly salary multiplied by the number of months remaining on the unexpired term of the employment agreement, which is subject to an 18 month cap. Volume 65 - Page 240