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HomeMy WebLinkAbout01 - MinutesI. II. IV. February 22, 2022 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Planning Session (Special Meeting) January 29, 2022 Call the Meetine to Order - 9:00 a.m. Roll Call: Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill Invocation - Council Member O'Neill Pledge of Allegiance - Council Member Brenner Public Comments on Non -Agenda Items Jim Mosher reminded Council that they voted to place a ballot measure on the June 2022 ballot and noted that there is still time to place a ballot measureon the November 2022 ballot to conduct by -district elections with runoff, ranked -choice voting. He also referenced a Stu News article about the Planning Session agenda and noted that conducting the invocation and pledge of allegiance at this type of meeting has only occurred since 2017 and discussed why he feels the invocation should be eliminated. Undate on Financial Status City Manager Leung reported that the City has a strong financial planning process which has held well during both good and tough times, and noted that today is an opportunity to look at areas that allow the City to continue building its strong financial foundation. Finance Director Catlett utilized a presentation to provide an update regarding FY 2021-22 General Fund revenues and expenditures, discuss the budget surplus, review the FY 2022-23 preliminary revenue outlook, and review the top three revenue source projections for FY 2022-23: property tax, sales tax, and Transient Occupancy Tax (TOT). Operating Budget Finance Director Catlett utilized a presentation to discuss the budget process timeline, public review of the budget, and operating budget pressures. Pension Funding Update Finance Director Catlett utilized a presentation to report on the current unfunded liability paydown strategy, the roll -froward of 2020 valuations to June 30, 2021, the impact of investment returns and additional payments, and staff pension funding recommendations. In response to Council questions, Finance Director Catlett indicated that the target paydown will occur in seven years and the City will have a zero balance, which has not occurred since 2005, confirmed the City currently pays at least $80 million annually to CaIPERS, and commended the City on its strong financial shape. Volume 65 - Page 242 City of Newport Beach Planning Session (Special Meeting) January 30, 2022 Finance Director Catlett continued the presentation to discuss infrastructure maintenance and replacement as it relates to the Facilities Financial Plan (FFP) and Harbor and Beaches Master Plan; and highlighted historical and recommended program funding levels. Council Member O'Neill noted that this will be coming back to Council after the Finance Committee reviews it. Council Member Brenner requested and received confirmation from City Attorney Harp that Council Members may attend Finance Committee meetings, but cannot participate. Council Member Dixon indicated that, when the FFP returns to Council, she would like to see how the balance changed over the years, as she suspects the FFP is at its lowest due to key projects that have been approved. She noted the FFP was created 15 years ago and is an excellent planning tool, but pointed out that large projects will be coming forward in the next ten years. Service Needs Police Chief Lewis and Deputy Director Stafford utilized a presentation to discuss the proposed Police Department equipment upgrades related to body worn cameras and laser replacements, and reported that using body cameras could assist the City and Police Department with transparency and decrease liability. In response to Council questions, Police Chief Lewis and Deputy Director Stafford discussed the body camera pilot program, noted that labor groups were involved in the change, and explained that the proposed budget includes the equipment, unlimited storage for the recordings, and additional staffing. City Manager Leung indicated that she will be evaluating the entire organization relative to departmental staffing requests. Police Chief Lewis indicated that over 75% of Orange County cities use body cameras, but vary in the degree of technology in the field, and the Police Department thinks it is better to have both vehicle and body cameras He added that the cameras also assist with verifying officers' stories and public complaints. Regarding the laser replacement request, he reported the current lasers are out of warranty, sometimes just seeing a laser is a deterrent, and the new technology will allow officers to deploy the laser from a greater distance and with more accuracy. He further reviewed the training program and distinctions between the laser and firearm. Homeless Services Assistant City Man summarize the many and Homeless Liaison Basmaciyan utilized a presentation to ams currently being offered to the homeless population. In response to Council questions, Assistant City Manager Finnigan and Homeless Liaison Basmaciyan discussed promoting newportbeachca.gov/goodgiving more and what the funds have been used for, current shelter usage, how COVID-19 has affected the shelter and the City's ability to enforce its anti - camping ordinance, whether the current bed count at the shelter is sufficient but may need to be revisited when the shelter reopens, and other options outside of using the shelter, like hotel vouchers. City Attorney Harp clarified Los Angeles' current targeted approach and City Manager Leung assured everyone that the City's homeless team is making regular contacts with the homeless population, noted the City cannot force them into certain actions, and expressed the importance of finding long-term solutions. Council Member Brenner stated that everyone needs to understand how much is in the works and how much work the City has done to assist the homeless population, noting that the issue will not be solved unless something changes in the country. In response to her concern relative to people who may pose a danger to the public, City Attorney Harp and Police Chief Lewis reviewed the options but indicated that, depending on the charge, consequences and outcomes are limited. Council Member Avery commended the Be Well program and received confirmation from Assistant City Manager Finnigan that the budget covers staffing. Volume 65 - Page 243 City of Newport Beach Planning Session (Special Meeting) January 30, 2022 V. Assistant City Manager Finnigan continued the presentation to review the proposed $2.76 million budget associated with homeless services and initiatives. Council Member O'Neill pointed out that, just afew years ago, the City did not have any of these services and programs, but residents are feeling they are not seeing a difference, noted the City has between 20 to 90 homeless people, depending on the season, but Los Angeles County has about 80,000, which is almost the City's population, emphasized this is a regional issue, assured everyone that the City cannot tolerate people living on the streets permanently, expressed concern that tents are a sign of permanence, and requested that people utilize the City options and opportunities to give since the City has access to resources. In response to Council Member Dixon's question, Homeless Liaison Basmaciyan discussed housing vouchers and City Manager Leung reported that the City has not had the interest from motel owners to be purchased by the City. Council Member Brenner agreed that this topic can be discussed for days, but pertinent to today's discussion, is that the residents are saying to spend the money needed to take care of this problem and suggested that a public/private partnership develop to assist the City in finding land to build permanent supportive housing. City Manager Leung reported that affordable housing developers have been looking for sites for the past 1.5 years, but it has been a challenge. Council Member Dixon suggested looking at unincorporated areas in the County. Staffing City Manager Leung utilized a presentation to Council Member O'Neill noted that, just 18 m( and was unsure if it could make its unfunded li situation, he stated that now is the time the C that, when the unfunded liability payment is $40 million annually that will be freed up for f Mayor Muldoon thanked past and present Fin and managing workload demands. go, the City had hiring freezes, deferred projects, payments; however, in light of the current budget the ability to invest in the future. He pointed out 3ted and the balance is zero, there will be about Councils to allocate. Committee members. Jim Mosher questioned whether the Ad Hoc Committee on Homeless Task Force should be sunsetted or turned into a standing committee that holds public meetings, stated that development agreement funds are not intended to be gifts for existing residents but are supposed to be used to assist with the needs created by the new development, indicated that the Water Master Plan and Wastewater Master Plan receive less attention than the other master plans, and discussed the articles in Stu News regarding the changes to the Newport Beach Marriott Hotel and Spa (soon to become VEA Newport Beach), noting it is within the Coastal Zone and the City is responsibility for obtaining a Coastal Development Permit. Discussion ensued by and between Mayor Muldoon and City Attorney Harp regarding the shelter, enforcement of the anti -camping ordinance, and when it would be appropriate to sunset the Ad Hoc Committee on Homeless Task Force. City Attorney Harp added that he will look into whether the committee has completed all its tasks. Budeet Development - Capital Improvement Program WIP) City Attorney Harp announced that Council Member Brenner would be recusing herself during discussions relative to the Storm Drain System Project due to real property interest conflicts; Mayor Pro Tem Blom would be recusing himself during discussions relative to the Balboa Island Drainage System Project due to real property interest conflicts, and Mayor Muldoon would be recusing himself during discussions relative to the Boys and Girls Club Project out of an abundance of caution due to real property interest conflicts, and the Sunset View Park Pedestrian Bridge Project, the Fire Station No. 2 Project, and any streetlight and traffic light project due to potential business interest conflicts. Volume 65 - Page 244 City of Newport Beach Planning Session (Special Meeting) January 30, 2022 Public Works Director Webb and Deputy Public Works Director Houlihan utilized a presentation to review the proposed $86 million CIP budget, surplus fund recommendations to assist with FFP projects, and highlight the Balboa Peninsula Fire Station and Branch Library replacement project. Council Member Dixon suggested adding more parking to the project. Public Works Director Webb reviewed planned facility projects, including the Bonita Creek Park synthetic turf replacement, Police facility replacement and land purchase, and Santa Barbara Fire Station replacement; and neighborhood enhancement projects, including the Balboa Island drainage improvement project and the backlog for street pavement rehabilitation. In response to Council questions, Public Works Director Webb explained the current project on Coast Highway in Corona del Mar, reviewed the list of neighborhood enhancement and CIP projects that total $15.5 million, and stated that the future Balboa Island street replacement project is expensive and might be done by using the money that was once used for the unfunded liability payments. Council Member Dixon commended staff for also securing grants from external sources to assist with funding CIP projects. Public Works Director Webb continued the presentation to discuss the General Plan Update project, City park assessment and replacement/rehabilitation study, and various neighborhood enhancement projects. Recreation and Senior Services Director Detweiler reported that there are 65 parks in the City. Council Member Avery requested that the City_ also consider fixing smaller areas that need repairs, noted areas around Newport Harbor High School and landscaping by the trailer park as you head towards Huntington Beach, as it builds value in the community. Public Works Director Webb continued the presentation to discuss the possibility of using the $10.1 million of American Rescue Plan Act (ARPA) Funds toward the City's share of the Central Library Lecture Hall Project and Junior Lifeguard Building and Parking Lot Improvements. He also discussed City facilities that will require consideration and/or direction in the future, such as the Balboa Yacht Basin. In response to Council. Member Dixon's [questions, Public Works Director Webb reviewed the history of the Balboa Yacht Basin, noted the buildings on the site are on the FFP, but are not currently funded, the slips and dredging are in the harbor and Beaches Master Plan, remodeling the apartments is not an immediate need but the City can probably gain more revenue from them, and there are other options that can be considered for the area. Council Member Brenner requested that the Galley Restaurant maintain its historical charm when refurbished, similar to what was done to the Crab Cooker. Mayor Pro Tem Blom suggested that discussions about what to do with the Balboa Yacht Basin area first go before the Finance Committee. Public Works Director Webb utilized a presentation to discuss the needs relative to the Corporation Yard Fueling Facilities and Wash Racks, fueling and siting challenges, and project funding and scheduling for the fleet fueling improvements. In response to Council questions, Public Works Director Webb indicated that a clean energy discussion should take place with Council, the electric vehicle mandate begins in 2025 but does not require the City to replace its current fleet immediately, confirmed that State funding may be available but it is unclear how it will be distributed, and stated the City may have other options for the fuel station, such as using the private market. Public Works Director Webb continued the presentation to discuss the Newport Pier/McFadden Plaza area rehabilitation concept, the demolition of the existing restaurant on the pier, and the project status. Volume 65 - Page 245 City of Newport Beach Planning Session (Special Meeting) January 30, 2022 In response to Council Member Brenner's questions, City Manager Leung reported that the City currently set aside $1 million of General Fund money toward homeless issues, Council previously directed staff to look at using development agreement funds for Regional Housing Needs Assessment (RHNA) infrastructure needs but a study will be coming back to Council, indicated staff needs direction on how to appropriate the surplus funds for the coming budget, and reviewed the purpose of the Water and Wastewater Fund, but stated a sewer rate adjustment may be needed. Council Member Dixon expressed support for the projects on the $15.5 million neighborhood enhancement and CIP list, and suggested creating an incentive program for residents to build Accessory Dwelling Units (ADUs) or a program to offset the permit fees, which would also assist with affordable housing. Community Development Director Jurjis reported that the City Council already approved waiving all permit fees for ADUs, indicated that staff is working on updating the ADU website and standard plans, stated they are looking into some type of finance program or loan program, but need more information or direction from Council, and indicated they can look at whether other agencies have loan programs. Council Member Brenner asked that staff also look at ways to incentivize residents to make existing ADUs conforming. Nancy Scarbrough indicated that she previously sc creating a loan program which will be paid back to the Charles Klobe stated that he is not a proponent of lease the land instead. Martin Colver provided a handout and re ends at 36th Street so bikers are not riding non -conforming ADUs and •ty is paid off or transferred. and suggested that the City consider extending the bike path that Seashore Drive. Paul Watkins stated his support for the Balboa Library Replacement and Fire Station projects, as well as the Library Lecture Hall prosect; however, he is not in favor of extending the bike path and provided the background relative to this suggestion. Without objection, Public Works Director Webb received confirmation for the following: • Having the Finance Committee conduct the initial review of the Balboa Yacht Basin project • Proceeding with developing an electric vehicle policy • Including the Balboa Library Replacement and Fire Station project in the budget Unanimous straw votes were received for the following: • Support for the $15.5 million project list • Using the ARPA funds toward the Library Lecture Hall and Junior Lifeguard Building projects • Having a Council subcommittee look at purchasing land for the future Police Department headquarters VI. Adiournment - 11:53 a.m. The special meeting 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 January 26, 2022 at 11:30 a.m. Leilani I. Brown City Clerk Kevin Muldoon Mayor Volume 65 - Page 246 February 22, 2022 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Meeting Minutes Study Session and Regular Meeting February 8, 2022 I. ROLL CALL - 4:00 p.m. Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar — None SS2. Update from the City Council Ad Hoc Redistricting Committee Community Development Director Jurjis and Systems and Administrative Manager Campagnolo utilized a presentation to summarize t le of the City Council Ad Hoc Redistricting Committee, City Charter Section 1005 air Maps Act of 2020 (AB 849) requirements, and public engagement mapping op�tio Dr. Justin Levitt, National Demographic Corporation (ND , utilized a presentation to review the City Council Ad Hoc Redistricting Comn ittee's recommiations, the current boundary configuration, redistricting map options, and next steps. Council Member O'Neill thanked NDC, participating residents, and Mr. Mosher who noted from - district voting and not by -district votini, stated he favQPd Restricting Map 1, and clarified how the City handles district voting. jr Council Member Dixon supported Redistricting Map 1, complying with requirements, making minimum changes, keeping communities together, and discussed Newport Shores' interests and issues with the other mgps options. Jim Mosher s4ported Redistricting ap 1, asked for clarification on the number of Ad Hoc Redistricting Committee meetings that occurred, questioned if tonight's meeting will count as a public hearing, clarified the Fair Maps Act criteria for map drawing, and discussed the pros and cons for from -district voting. The City Council took a unanimous straw vote to support moving forward with Redistricting Map 1. SS3. Outdoor Dining in Public Right -of -Way on Balboa Island and Newport Pier Areas Mayor Pro Tem Blom recused himself due to real property interests. Newport Pier Area Community Development Director Jurjis utilized a presentation to discuss the status of outdoor dining permits, current activity in the area, and concerns with public parking and sidewalk access. In response to Council Member Dixon's questions, Community Development Director Jurjis confirmed that each public parking space in that area averages $441 a month in revenue and Volume 65 - Page 247 City of Newport Beach City Council Meeting February 8, 2022 $100,000 average annual revenue for the 18 public parking spots that are currently being used for outdoor dining, clarified the Coastal Development Permit application process with the California Coastal Commission (CCC) for permanent use of public parking spaces, and reported five restaurants would be affected. In response to Council Member O'Neill's questions, Community Development Director Jurjis clarified the City parking spaces, noted challenges related to public access findings during the peak season, hypothesized assessing usage charges through mid-May, and the impact to the City from sales tax generated. In response to Council Member Brenner's questions, Community Development Director Jurjis clarified the use of the public parking area and $100,000 average annual revenue for the Newport Pier area. Mayor Muldoon reported revenue generation from filled dining tables and open parking spaces during a recent bicycle ride through the area. With Mayor Pro Tem Blom recusing himself, the allow temporary use of public parking space fo; Area. took a 6-0 straw vote to ng in the Newport Pier Balboa Island Public Works Director Webb utilized a presen n to d'pla otos of Marine Avenue, right- of-way sidewalk clearance, alcohol restrictions, and concerns and considerations associated with City Council Policy L-21. Council Member O'Neill expressed his enthusiasm 4 Marine Avenue dining and resident support, supported updating City Council Policy L-21 to take Marine Avenue into account, and noted his desire to continuk with the improvement associations on Balboa Island. Council Member Brenner reported recei g supportive emails regarding outdoor dining on Balboa Island; however; noted the imp c to out-of-town guests and restaurants b removing g Y g parking options. In response to Counci Member Brenner's questions, Public Works Director Webb clarified outdoor dining annual fees and addressed the options and impacts to merchants by removin ublic parking spaces and adjusting street furniture. Council Me b Dixon supported outdoor dining in the public right-of-way and cleanliness by restaurant owners, reported having not received correspondence opposing outdoor dining, and noted issues with newsstands hindering sidewalk use. In response to Council Member Dixon's suggestion, Public'E?Vorks Director Webb discussed the option of reducing or relocating newsstands without removing public access to news, clarified outdoor restaurant cleanliness requirements, reviewed the Marine Avenue sidewalk maintenance and schedules, noted McFadden Square cleaning and surface level concerns and considerations, and clarified the exclusion of parking space use in this request. Council Member Avery noted the success of outdoor dining and expressed his concern for maintaining and accommodating the Americans with Disabilities Act (ADA) in public right-of- ways. In response to Council Member Avery's questions, Public Works Director Webb noted minimum ADA distancing guidelines and seasonal activity considerations, and requested policy guidance from Council for City minimum distancing requirements in public right-of-ways. In response to Council Member Dixon's questions, Public Works Director Webb reported no complaints received about wheelchair access and clarified the four -foot ADA minimum space requirement for wheelchair access. Volume 65 - Page 248 City of Newport Beach City Council Meeting February 8, 2022 Nancy Scarbrough supported outdoor dining and expressed concern for liability exposure to the City for ADA noncompliance. Jim Mosher suggested a potential bias towards outdoor dining in correspondence received and pointed out that the Department of Alcohol and Beverage Control (ABC) has fencing requirements. Council Member Brenner expressed concern for liability exposure to the City as it relates to alcohol service at outdoor dining locations and the impact nearby restaurant parking may have to neighbors. In response to Council Member Brenner's question, Public Works Director Webb confirmed and clarified the alcohol serving and barrier requirements by ABC found on page 7 of the Council Policy, outdoor wine service availability, emergency policy direction versus permanent policy direction, and permanent policy changes according to ABC rules. Council Member O'Neill noted that the City cannot waive an ABC requirement by Council Policy. Council Member Dixon shared her concern for liability exp ure to the City as it relates to ADA requirements and recommended design standards fort o a*pearance of outdoor dining areas. In response to Council Member Dixon's questions, City Attorney Harp reported on the limited term policy, impact to ADA requirements with revocation of an Emergency Order by the Governor, and ADA requirements and responsi 'ties to busin s owners. With Mayor Pro Tem Blom recusing hims the City C cil took a 6-0 straw vote in favor of making the Council Policy work for Marine Avenue in tandem with area merchants and consideration for ADA equirements, safety measures, and minimum wheelchair access space. J SS4. Be Well OC Mobile Response Unit Program Implementation Update Homeless Services Coordinator BAsmaannounced the launch of the Be Well Crisis Unit and van parked outside City Hall. Alyssa Guerrero, Be Well OC Super, provided her background, announced her position as the Supervis for the Newport Beach Mobile Hope Team, and outlined the Team's mission, collaboratio ts, passionate first response model, and February 14, 2022 launch. In respons t ouncil ember Brenner's questions, Ms. Guerrero explained the referral process, collaborative r ionships with emergency services, the role of the Team, and positive response for help by the mentally ill population. Council Member Dixon expressed her concern for resistant candidates who are a threat to themselves or members of the community. In response to Council Member Dixon's question, Ms. Guerrero confirmed their shared goal and mission with the City to provide shelter for the homeless and long-term care. Jim Mosher questioned the availability of Be Well OC to residents of the City, contact options, and service charges. Jenna Downs shared her recent experience with an individual experiencing homelessness, questioned police response time, inquired about protocols, and noted homelessness on the beach. Amy South inquired how residents can help individuals experiencing homelessness and expressed personal safety concerns. Volume 65 - Page 249 City of Newport Beach City Council Meeting February 8, 2022 Anthony Delgado, Be Well Mobile Crisis Response Team Director, shared his background and described their approach, responsibility, campus locations, continuum of care services, domestic response, and Team member credentials. In response to Council Member Brenner's questions, Mr. Delgado confirmed collaboration plans with the Police Department and explained the Be Well OC care services and plans. In response to Council Member Dixon's questions, Homeless Services Coordinator Basmaciyan indicated that, by calling 911 or the nonemergency Police Department line, anyone can access the Be Well OC office located in the Police Department, and discussed collaboration with CityNet. SS5. Trellis International Community Impact Team Program Update Public Works Administrative Manager Schweitzer utilized a presentation to explain the Trellis Grant background, the program update, and map of the Trellis' Community Impact Teams (CIT) project locations. Terry Moore, Trellis International Community Impact T'Im representative, introduced Ian Stevenson, Trellis Executive Director, and Scott Ziegler, Community Impact Team Program Director, and utilized a presentation to share pe V1 blights. Public Works Director Webb credited Mr. Moore for his work and noted the program's success, mutual benefit to community members and th6(4ty, and plans for expansion. Council Member Avery expressed his appreciation to the members of Trellis and acknowledged the program's positive impact to the community. 4W Council Member Dixon expressed her appreciation to the members of Trellis for providing a vital service to the community In response to Public Works Director Vyebb's question, Mr. Moore reported that three participants have been Wdwanently employed after participating in the program. AENEW Council Member Bren ex sed pride in the program and extended her appreciation to Mr. Moore. III. PUBLIC COMMENTS ON AGI1DA AND NON -AGENDA Jim Mosher recommended revis'Ions to the Newport Beach Municipal Code (NBMC) regarding posting of notices. Walter Stahr urged a no vote on the June 2022 ballot measure to change the City Charter. City Attorney Harp announced that it is not appropriate for speakers to advise people on how to vote during the City Council meeting. Laura Curran announced a Composting 101 Seminar on February 26, 2022, hosted by the Environmental Nature Center (ENC), questioned the ownership verification efforts by staff of the Miramar Recovery Integral Facility, and requested equal resource distribution among mental health service programs. City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the item listed in the Closed Session agenda and read the title. Volume 65 - Page 250 City of Newport Beach City Council Meeting February 8, 2022 IV. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human Resources Director, and Charles Sakai, Esq., Negotiators. Employee Organizations: Newport Beach Police Management Association (NBPMA) and Association of Newport Beach Ocean Lifeguards (ANBOL). V. RECESSED — 5:42 p.m. VI. RECONVENED AT 6:10 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council Member Joy Brenner, Council Member Diane , Council Member Duffy Duffield, Council Member Will O'Neill VIII. CLOSED SESSION REPORT — None IX. INVOCATION — Dr. Ahmed Soboh, Islamic Shura Council of Southern California X. PLEDGE OF ALLEGIANCE — Council Mem Dixor XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES AW Council Member O'Neill: • Attended the Associated California Cities 'Orange County (ACC -OC) infrastructure presentation and an Eagle Scout Award presentation • Announced thepcoming San Joaquin Hills Transportation Corridor Agency (TCA) Board meeting and an upcomi Finance Committde meeting • Thanked staff the discussion at the City Council Planning Session • Spoke with Costa 1Jesa Brief regarding Senate Bills (SB) 8, 9, and 10 • Judged the Pacifica Christian High School Declamations Contest and attended the new building ribbon cutting • Gave blood at the American Legion and reminded the public about blood donation opportunities through the American Red Cross Council Member Duffield: • Announced the work being done in Santa Ana Heights on rehabilitation home issues and a community meeting coming up in a couple of weeks Council Member Dixon: • Announced her service on the Orange County Council of Governments (OCCOG) and Southern California Association of Governments (SCAG) boards and important decisions made to communicate to the California Department of Housing and Community Development (HCD) • Announced an Aviation Committee meeting on February 28, 2022 • Utilized a slide to announce the Joint Town Hall meeting for Districts 1 and 6 on March 3, 2022 Volume 65 - Page 251 City of Newport Beach City Council Meeting February 8, 2022 Council Member Brenner: • Discussed the reason for the Joint Town Hall meeting • Announced the Corona del Mar Residents Association (CdMRA) meeting at the OASIS Senior Center to discuss Be Well OC on February 17, 2022 • Elaborated on her conversation with the Exchange Club and gratitude for the annual Avenue of Flags Council Member Avery: • Attended the City Council Planning Session on January 29, 2022, and the Orange County Sanitation District (OCSD) Board of Directors meeting Mayor Pro Tem Blom: • Announced the upcoming Balboa Island meeting on February 12, 2022, at the Fire Station Mayor Muldoon: • Utilized a slide to announce the Organic Recycling Program rollout, cart deliveries, collection day changes, street sweeping, and online resources. XIII. PUBLIC COMMENTS ON CONSENT CALENDAR — None XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES id 1. Minutes for the January 25, 2022 City Council Meeti g [100-20211 Waive reading of subject minutes, approve as ended,an 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. Ordinance No. 2022-4: Amending ewport Beach Municipal Code for the Multiple Vessel Mooring Aystem [100-20211 a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing IFaciTities) of the CEQA Guidelines, California Code of Regulations, Title 14, Divisiap 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 becauslthis action has no potential for resulting in physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt 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. Council Members Avery, Dixon and Duffield recused themselves from Item 3 due to their membership in the Newport Harbor Yacht Club. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2022-11: Approval of the 2020 Urban Areas Security Initiative Grant Program Transfer Agreement (C-7042-6) [38/100-20211 Volume 65 - Page 252 City of Newport Beach City Council Meeting February 8, 2022 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. 2022-11, A Resolution of the City Council of the City of Newport Beach, California, Approving the Agreement for Transfer or Purchase of Equipment /Services or for Reimbursement of Training Costs for Fiscal Year 2020 Urban Areas Security Initiative (UASI) between the City of Newport Beach and the City of Anaheim; and c) Authorize the City Manager to sign the agreement. 5. Correct Recently Approved Street Sweeping Days in Resolution No. 2022-7; and Adopt Resolution No. 2022-12 [100-2021] 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; b) Adopt Resolution No. 2022-12, A Resolution of the City Council of the City of Newport Beach, California, Establishing "No Parking" Restrictions on Designated Streets on Specific Days and Times to Improve Street Sweeping Effectiveness and Rescinding Resolution No. 2022-7. CONTRACTS AND AGREEMENTS 6. Street Pavement Repair Program (Project No. 22 — ward of Contract No. 8792-1 [381100-20211 a) Find this project exempt from the California Environm ntal Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of exg pubs facilities involving negligible or no expansion of use), of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 8792-1 to PALP Inc., dba Excel Paving Company for the total bid price of $429,748, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $108,000 (approximately 25 percent of total bid) to cover the cost of unforeseen work not inAd ed in the origi� contract. 7. Civic Center Dog Parkurbishment —Award of Contract No. 8717-1 (22P12) [38/100- 2021] � a) Find this project exem from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities) of the CEQA Guidelines, because this project has npote tial to have a significant effect on the environment; b) Approve the prVJect plansind specifications; c) Relieve Metrocell Construction, Inc. (Metrocell) of their bid; d) Award Contract No. 8717-1 to Western State Builders for the total bid price of $241,036.26, and authorize the MaydWa'nd City Clerk to execute the contract; e) Establish a contingency of $25,000 (approximately 10 percent of the total bid) to cover the cost of unforeseen work not included in the original contract; and f) Approve Budget Amendment No. 22-041 appropriating $77,969 from the unappropriated General Fund Capital Improvement Program fund balance to Account No. 01201929-980000- 22P12 (Dog Park Refurbishment). Motion by Mayor Pro Tem Blom, seconded by Council Member Duffield, to approve the Consent Calendar; and noting the recusals by Council Members Avery, Dixon, and Duffield to Item 3, and the amendments to Item 1 and the staff report for Item 4. With Council Member Avery abstaining, the motion carried 6-0-1. XV. ITEM REMOVED FROM THE CONSENT CALENDAR — None Volume 65 - Page 253 City of Newport Beach City Council Meeting February 8, 2022 XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Claudia O'Connor expressed her concern for personal safety in the community, shared recent experiences, and requested programs targeted towards Newport Beach residents and repeat offenders. Susan Skinner addressed the Elect -A -Mayor ballot measure on the June 2022 ballot and discussed term limit concerns. XVII. PUBLIC HEARING 8. Resolution Nos. 2022-13 and 2022-14: Overriding ALUC's Determination of Inconsistency and Adopting the 2021-2029 Housing Element Update [100-20211 Community Development Director Jurjis, Deputy Community Development Director Campbell, and Senior Planner Zdeba utilized a presentation to review the 2021-2029 6th Cycle Draft Housing Element, outreach and engagement efforts, makeup of the Housing Element Update, key policy actions, the Housing Plan, focus area strategy, Airport Land Use Commission (ALUC) overrule, Assembly Bill (AB) 1398, status of the Housing Element cerfications in the SCAG region and Orange County, next steps, and thanked the Housing ElenTent Update Advisory Committee (HEUAC). i In response to Council Member Avery's question!, Community Development Director Jurjis explained housing opportunities, zoning, public v ting, timix1g, factors, and variables in the private market for labor, the supply chain, interest ratessWoperty acquisition, land value and affordable housing challenges, and forecasting metrics based on historical data. Ank- In response to Council Member Dixon's questions, Community Development Director Jurjis clarified that the affordable housing component is unaffected by SB19, nor does the California Coastal Zone allow for SB 9, noted that the California Coastal Commission (CCC) has requested that agencies adapt and change local Coastal Plans, and reiterated the direction from Council to change the code and make it restrictive for properties outsideth Coastal Zone. Mayor Muldoon opened Republic hearin . Jim Mosher requested clarXi on the posted Housing Element Update redline markings, inquired about advantages to adopting the Housing Element in advance of the HCD deadline, and asked about the consequences if the �rivate market does not develop. He requested more public debate on the goals and policiVs included in the Housing Element Update document. Hearing no further testimony, Mayor Muldoon closed the public hearing. Deputy Community Development Director Campbell related that colored track changes in the Housing Element have no meaning other than to reflect changes made by staff and consultants in response to comments made by HCD. In response to Council Member Dixon's questions, Community Development Director Jurjis explained what the Council is being asked to approve, the transition to the General Plan Update process, areas of the Housing Element subject to public vote, and the City website access to Housing Element policies. In response to Council Member Brenner's question, Community Development Director Jurjis clarified the purpose and process for adopting the Housing Element Update. Motion by Mayor Muldoon, seconded by Mayor Pro Tem Blom, to a) find these activities exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Volume 65 - Page 254 City of Newport Beach City Council Meeting February 8, 2022 the CEQA Guidelines, because they have no potential to have a significant effect on the environment; b) adopt Resolution No. 2022-13, AResolution of the City Council of the City of Newport Beach, California, Finding the Newport Beach General Plan 61h Cycle Housing Element Update for the 2021-2029 Period Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Land Use Commission's Determination that it is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2017-141); and c) adopt Resolution No. 2022-14, A Resolution of the City Council of the City of Newport Beach, California, Adopting the 6th Cycle Draft Housing Element for the 2021-2029 Period as General Plan Amendment No. GP2021-005 (PA2017- 141). The motion carried unanimously. XVIII. CURRENT BUSINESS 9. Sculpture Exhibition in Civic Center Park — Phase VII (C-8834) [100-2021] Library Services Director Hetherton introduced Richard Stein, Arts Orange County President, and Joseph Lewis, Arts Orange County CEO and UCI Professor. _ Richard Stein introduced the team and utilized a presentation to review the sculpture exhibition selection process, Phase VI ground map, and the Phase Ileco� ded selections, alternates, and site locations. Council Member Dixon extended her appreciation congratulations, and complimented the City Arts Commission and Arts OC, and acknowledged the community selection process. In response to Council Member Dixon's question, Mr. Stein proposed an increased budget to attract more local artists and noted challenges related to attracting sculptors. In response to Council Member Brenner's question, 1VIr. Stein discussed changing the voting guidelines for future phases, tr hooting voting technology issues, and permanent sculpture acquisitions. I Jim Mosher suggested a voting system altern tive and noted a lighting discrepancy relative to the Bird Nest on a Tower sculpture. Arlene Greer fAanked Council for supporting the City Arts Commission and programming, expressed her pleasure with public input received during the selection process, recounted the engaging sculptures, and proposed an aggressive publicity and marketing approach to reach Southern California artists. r Council Member Averywnmended the City Arts Commission, acknowledged the effort behind art rotations, and relayed the exceptional collection in Phase VII. Ms. Greer noted the opportunity provided to visitors with an open-air museum during the pandemic. Council Member Dixon thanked the Arts Foundation for its fundraising contribution of $20,000, and in response to her question, Ms. Greer explained the logic for the voting guidelines and suggested future ideas for voting. Motion by Council Member Dixon, seconded by Council Member Brenner, 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) approve the 10 sculptures and their placement and four alternate sculptures within Civic Center Park, as selected by the public and recommended by the City Arts Commission, for the temporary sculpture exhibit. Volume 65 - Page 255 City of Newport Beach City Council Meeting February 8, 2022 XIX. The motion carried unanimously. 10. Amended and Restated Employment Agreements for Police Chief (C-7098-4) and Fire Chief (C-8182-2); and Resolution No. 2022-15: Adjusting Salary Ranges for Police Chief and Fire Chief [38/100-20211 Human Resources Director Salvini provided a summary of the employment agreement terms for the Police Chief and Fire Chief to include four-year terms with an ending date of December 30, 2025, a one-time deferred compensation in the amount of $2,000, a salary adjustment of 2% effective July 1, 2022, a cost of living and salary range adjustment tied to their respective Safety Management Groups' salary adjustment, effective July 1, 2023, and thereafter. She reported that the differences include the Police Chief receiving a salary increase of 1.5% effective January 1, 2023, and will be brought to the top of the salary range in January 2024 which is estimated to be approximately a 1.6% adjustment; and the Fire Chief will receive a salary increase of 1.43% effective January 1, 2023, and will be brought to the top of the salary range in January 2024 which is estimated to be approximately 1%. Motion by Mayor Pro Tem Blom seconded by Council Member Dixon, to a) determine this action is exempt from the California Environmental Quality ct (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) authorize the City Manager to Execute a Third Amended and Restated Employment Agreement between the City ofNewport Beach and Jon Lewis for Police Chief Services; c) authorize the City Manager to Execute a First Amended and Restated Employment Agreement between the City of Newport Beach and Jeff Boyles for Fire Chief Services; and d) adopt Resolution No. 2022-15, A Resolution of the City Council of the City of Newport Beach, California, Modifying the Salary Ranges for th Police Chirnd Fire Chief. The motion carried unanimously. IL MOTION FOR RECONSIDERATIOT XX. ADJOURNMENT — 7:22 p.m. The agenda was posted on the City's I located in the entrance of the City February 3, 20221 at 4:00 p.m. Leilani I. Brown City Clerk Wte and on the City Hall electronic bulletin board Council Chambers at 100 Civic Center Drive on Kevin Muldoon Mayor Volume 65 - Page 256