HomeMy WebLinkAbout01 - MinutesApril 12, 2022
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
March 22, 2022
I. ROLL CALL - 4:00 p.m.
II.
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
SSI. Clarification of Items on the Consent Calendar
In response to Council Member Brenner's question regarding Item 3 (Code Amendments
Pertaining to Raft -Ups, Live-Aboards, On -Shore Moorings, and Other Miscellaneous
Provisions), City Manager Leung announced that the item will be continued to the April 12,
2022 City Council meeting.
SS2. National Library Week Proclamation
Mayor Muldoon read the proclamation and presented it to Library Services Director Hetherton,
Library Board of Trustees Chair Pau -Watkins, and Library Board of Trustees Member Doug
Coulter. Chair Watkins recounted hiMibrary experiences as a youngster, announced the theme
"Connect with Your Library," noted the progress in the library system, and announced Library
Services Director Hetherton's upcoming retirement. Library Services Director Hetherton
thanked the City Council fo];,ijWntinued support of library programming and Trustee Coulter
expressed his enthusias time at the library.
SS3. Financial Evaluation"a' work for Future Inclusionary Housing Ordinance
(PA2022-045)
Community&pmlsnt Dir r Ju jisPrincipal Planner Murillo, and Kathy Head from
Keyser Marociates, Inc. utilized a presentation to review the financial evaluation
and future framework for inclusionary housing, the background, inclusionary housing definition
and the reasons for having it, focus areas, affordability, annual housing production count, State
Density Bonus Law, the City's inclusionary ordinance, financial evaluation parameters, pro
forma analysis, evaluation tests, the previously repealed ordinance, supportable requirements
and analysis for rental and ownership projects, Southern California examples, possible
ordinance options, and a proposed timeline.
In response to Council Member Dixon's questions, Community Development Director Jurjis
provided an example of how the Density Bonus Law works with State laws, discussed the
General Plan and Inclusionary Ordinance, and highlighted concerns by the Building Industry
Association (BIA) regarding in -lieu fees.
In response to Council Member O'Neill's question, Community Development Director Jurjis
concurred that currently no Orange County city is in compliance with the California Department
of Housing and Community Development (HCD). Council Member O'Neill further expressed
concern regarding the Housing Element compliance requirements, utilizing an inclusionary
housing ordinance, and the potential rezoning of the City.
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March 22, 2022
In response to Council Member Brenner's questions, Community Development Director Jurjis
indicated that the City Council was previously in favor of adopting an inclusionary housing
ordinance, questioned the timing, and noted an opportunity for in lieu fees with a threshold to
provide flexibility to applicants and the necessity of all options to reach compliance. He further
relayed that developers will be forced to use State Density Bonus Law if the City delays
implementation of an inclusionary housing ordinance, provided examples of potential projects
using the State Density Bonus Law with no inclusionary amount, challenges related to high
land values and penciling projects with no density boost, and emphasized the reasons for having
an inclusionary number in place prior to the City rezoning. Council Member Brenner expressed
concern for delaying implementing an inclusionary housing ordinance.
In response to Council Member Avery's questions, Kathy Head explained that the in -lieu fees
are tied to the affordability gap based on the rental support inclusionary requirement, indicated
the analysis is conservative, balanced, and avoids a constraint to housing, and agreed with lower
numbers if the City desires. Council Member Avery expressed his concern for market volatility
and questioned the housing crisis.
In response to Council Member Dixon's questions,
stated that, without an ordinance, a lack of affordab
the developer wants to take advantage of the Sta
Murillo reviewed State Density Bonus Law amend
recent update being last year. Community Developt.
between available housing opportunities and what.
approximately 350 housing units remaining with
rezoning and updates to the Land Use Element, ,pre
Density Bonus Law to mitigate expenses, concurred
noted escalated construction, labor costs, and challe_
amenity Development Director Jurjis
,using development is predicted unless
ensity,Bonus Law. Principal Planner
s throughout the years with the most
Director Jurjis clarified the difference
raining in the General Plan, reported
)00 housing units to be added after
d 90% of developers will use the State
market forces play a part in this, and
for inexperienced developers.
Mayor Avery relayed the challenges of making the Housing Element work, discussed problems
created by the State Density Bonus Law, and expressed concerns related to parking, a
supportive market, buildingoosts, andkeeping expectations low.
Mayor Pro Tem Blom noted the; premature nature of adding an inclusionary amount before
receiving feedback from HCD on the Housing Element, projects using the State Density Bonus
Law, m-heu fees, building preferences, timing, and the need for more information.
Council Member gNeill recognized incentives for super -dense housing and used Irvine as an
example. In response to his questions, Principal Planner Murillo shared the State Density Bonus
Law slide to explain how the State Density Bonus Law and in -lieu fees work and concurred with
the recognition of incentives and challenges related to housing unit goals for the next three
years.
In response to Council Member Brenner's question, Principal Planner Murillo indicated that,
with the absence of an inclusionary housing requirement, developers can choose not to
incorporate affordable housing units, making the City unable to mandate units or in-heu fees.
With an adoption of an inclusionary housing ordinance, he stated that developers who choose to
not include affordable housing units would pay the City an equivalent inclusionary housing fee
that includes in -leu fees, and added there would be lost housing opportunities to meet the
affordable housing requirement, and a very -low income incentive for rental units with no
inclusionary. Community Development Director Jurjis pointed out that an ordinance is
necessary to require or provide an option for in -lieu fees, and noted the slow growth measure
(Greenlight) and additional housing opportunities after City rezoning, updates, and voting.
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City Council Meeting
March 22, 2022
Council Member Dixon suggested moving forward slowly, recapped the working relationship
with developers and the use of development agreements, explained the use of collected fees for
the community's benefit, and expressed concern for parking and green space loss with the State
Density Bonus Law. In response to her questions, Community Development Director Jurjis
confirmed that fees can be negotiated in a development agreement until City rezoning, pursuant
to the current code and a future impact fee option, and Council Member O'Neill confirmed his
interest in having more time for discussion after the City receives comments on the Housing
Element from HCD, noted Greenlight constrictions, and expressed uncertainty for meeting
housing goals.
In response to Council Member Avery's question, Principal Planner Murillo disclosed that very
low-income units are the easiest way to maximize the State Density Bonus Law and incentives,
and detailed the incentives for development costs, waivers, parking rates, and square footage
requirements.
In response to Council Member Brenner's questions, Community Development Director Jurjis
confirmed that development agreements can be used for community benefit, discussed
affordable housing funding requirements until City rezoning, and noted there there are
approximately 100 projects in the City that do not require development agreements. As a result,
Council Member Brenner expressed her support for delaying implementing an inclusionary
housing ordinance.
Nancy Scarbrough supported
implementing a a 7% or 8% inc
Jim Mosher noted State Density Bon
30% affordable housing requirement
contracted with Keyser Marston and
confusion for how the State Density
in -lieu fees, and the analysis results.
Charles Klobe
housing units
ordinance is',j
development.
in -lieu feed to current affordable housing projects,
amount, and moving quickly with more studies.
incentives for affordable housing development, a
1300 Bristol project (Item 15), questioned who
:es, Inc. and the cost of the report, and expressed
Law and inclusionary ordinance work together,
Hotel project will not provide for affordable
py the in -lieu fee, no General Plan amendment is required, an
in -lieu fees, and expressed the opinion that having an
demonstrates the City's commitment to affordable Housing
Larry Tucker stated that one policy will not fit all areas and supported the City Council taking
more time to have discussions with property owners.
Mayor Muldoon received consensus by the City Council to delay implementing an inclusionary
housing ordinance at this time, predicted a noncompliant outcome for the Housing Element, and
mentioned influences of the free market.
In response to Council Member Dixon's questions, Principal Planner Murillo explained how the
30% affordable housing requirement in the 1300 Bristol project resolved a development
constraint in the Fourth Cycle Housing Element and stated that no other area is subject to the
requirement.
In response to Council Member Brenner's question, Community Development Director Jurjis
announced that he has the authority to mandate in -lieu fees by way of the Director's
Determination.
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS - None
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City of Newport Beach
City Council Meeting
March 22, 2022
IW
V.
Lim
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed in the Closed Session agenda, read the titles, and indicated City Clerk
Brown would be recusing herself on Item IVB due to personal financial interests.
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 Newport
Beach Lifeguard Management Association (NBLMA).
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Kevin Muldoon��and Noah Blom, Mayor Pro Tem.
Unrepresented Employee: Leilani I. Brown, C�rk, anon C. Harp, City Attorney.
RECESSED - 5:16 p.m.
VII. 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
VIII. CLOSED SESSION RT - None
IN. INVOCATION - P t avid Manne, Calvary Chapel of Costa Mesa
X. PLEDGE OF ALLEGIA Council Member Brenner
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
Council Member O'Neill:
Attended the Transportation Corridor Agency (TCA) Board meeting, Newport Beach Baseball
Association Opening Day, and the Corona del Mar Residents Association (CdMRA) meeting with
Council Member Brenner
Council Member Dixon:
Utilized a presentation to invite residents to the Civic Engagement Forum on March 31, 2022 at
5:00 p.m. in the Civic Center Community Room
Introduced her grandsons, Walker and Brooks Tompkins, and her husband, Pat
Requested a future agenda item to direct staff to monitor cities with fractional ownerships and
report back to the City Council in six months
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City of Newport Beach
City Council Meeting
March 22, 2022
Council Member Brenner:
• Along with Council Member O'Neill, attended the Solid Waste Recycling City Council Working
Group meeting and announced a Study Session in April to provide an update on the refuse program
• Attended the Orange County Mosquito and Vector Control Trustee and Public Relations meetings
Council Member Avery:
• Attended the Orange County Sanitation District (OCSD) administration meeting, the Homeless Ad
Hoc Committee meeting, and the Finance Committee meeting
• Represented the City in the opening of the new Orange Coast College Student Union building
Mayor Pro Tem Blom:
• Attended the Finance Committee meeting, a regatta in Long Beach with the Newport Aquatic
Center (NAC), and the Balboa Island undergrounding vault installation
• Thanked the Utilities and Public Works Departments for their work on Pacific Coast Highway
(PCH)
Mayor Muldoon:
• Utilized a presentation to announce the Compost Givea er Shredding, E -Waste Disposal,
and Organics Kitchen Pail Pick -Up on April 9, 2022, f ,0 to noon
• Requested a future agenda item to consider adopti esolut questing that State legislature
suspend the gas tax, to provide immediate relief ornian o are paying historically high
gas prices
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consider reviewing Newport Beach Municipal Code Section 5.46 regarding film permits
[Council Member Dixon]
The City Council unanimou c red to bring the item back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Brenner requested tT the March 8, 2022 minutes Item 1) note that she attended
the memorial service for Officer Vella and be amended to incorporate Jim Mosher's change regarding
her statement about the fair an quitable treatment of all parties when leasing out public space.
In response to a question b ayor Muldoon regarding possible conflicts related to Item 11 (Agreement
for Pay -By -Cell and Parking Reservation Services), City Attorney Harp announced that Council
Members do not have conflicts related to this item because the matter falls within the public generally
exception.
Jim Mosher questioned the area being assigned to District 1 in the City Council districting map
(Item 4).
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the March 8, 2022 City Council Meeting [100-2021]
Waive reading of subject minutes, approve as amended, 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.
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City Council Meeting
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ORDINANCE FOR INTRODUCTION
3. Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to
Raft -Ups, Live-Aboards, On -Shore Moorings, and Other Miscellaneous Provisions [100-
2021]
Continue to the April 12, 2022 City Council Meeting.
Council Member Duffield recused himself on Item 3 due to business interest conflicts.
ORDINANCES FOR ADOPTION
4. Ordinance No. 2022-7: City Council Districting Map (PA2021-035) [100-2021]
a) Find this project statutorily 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. 2022-7, An Ordinance of the City Council of
the City of Newport Beach, California, Changing and Redefining the City Council District
Boundaries as aResult of the United States Census Beau's 2020 Census.
5. Ordinance No. 2022-8: Amendment Authorizing Staff to E'tend the Time to Complete
Construction for One -Unit and Two -Unit Dwellings [100-2029X]
a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 21080.17 of the
Guidelines, which states that the adc
the provisions of Sections 65852.1 ai
requirements of CEQA; and
b) Conduct second reading and adopt C
the City of Newport Beach, Ca ifor
Municipal Code Authorizing an Ext(
Additional Year. ,
Resource Code and Section 15282(h) of the CEQA
f an ordinance regarding second units to implement
52.2 of the Government Code are exempt from the
NAF022-8, An Ordinance of the City Council of
nding Section 15.02.095 of the Newport Beach
the Time Limit to Complete Construction for an
Mayor Muldoon aA1dLUgK PWZem Alom voted "no" on Item 5.
CONTRACTS
6. Slurry Seal Progrct No. 21R04) - Notice of Completion for Contract No. 7893-1
[38/100-2021]
a) Accept the com'teZorkand authorize the City Clerk to file a Notice of Completion for the
proj ect;
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 Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
Mission Bay Drive Street Improvements - Notice of Completion for Contract No. 7889-3
(21R03) [38/100-2021]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
proj ect;
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 Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
S. Central Library Boiler and Civic Center Hot Water Heater Replacement Project -Award
of Contract No. 8730-1 (20F02) [38/100-2021]
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City of Newport Beach
City Council Meeting
March 22, 2022
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (maintenance of existing public mechanical equipment) 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. 8730-1 to F.M. Thomas for the total bid price of $171,176, and authorize
the Mayor and City Clerk to execute the contract; and
d) Establish and encumber a contingency of $17,824 (approximately 10 percent of the total bid) to
cover the cost of unforeseen work not included in the original contract.
9. Alley Reconstruction (AD -116, 116B & F Street Areas) - Award of Contract No. 7976-1
(22R07) [381100-2021]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (repair and maintenance of existing highways and streets, sidewalks, and gutters
involving 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. 7976-1 to IE Engineering Inc. for the total bid price of $621,688, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish and encumber a contingency of $62,000roximately 10 percent of the total bid) to
cover the cost of unforeseen work not included original contract.
Mayor Muldoon recused himself on Item 9 du ialidiness interest conflicts.
10. Superior Avenue Pedestrian/Bicyclokdge a rking Lot (Project No. 15T09) -
Approval of Professional Services Agreement wi rdurra (Contract No. 8020-6) and
Amendment No. Two with Dokken Engineering ntract No. 8020-5) [381100-2021]
a) Determine this action is exempt from the C rnia Environmental Quality Act (CEQA)
pursuant to Sections 15069(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 a Professional Services Agreement with Ardurra of Newport Beach, California, for the
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project at a not -to -exceed price of
$1,250,146, and authorize the Mayor and City Clerk to execute the Agreement; and
c) Amendment No. Two to Professional Services Agreement with Dokken Engineering of San
Diego, Califma, for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project to
increase th total not -to -exceed amount by $125,116 for a total not -to -exceed amount of
$2,015,006, and authorize the Mayor and City Clerk to execute the Amendment.
Mayor Muldoon recused himself on Item 10 due to potential business interest conflicts.
11. Amendment No. Four to Professional Services Agreement with Parkmobile, LLC for
Pay -By -Cell and Parking Reservation Services (C-7079-1) [381100-2021]
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) Approve Amendment No. Four to extend the Agreement termination date to March 31, 2023,
and add $116,000 to the not -to -exceed amount; and
c) Authorize the City Manager and City Clerk to execute Amendment No. Four to the Agreement.
MISCELLANEOUS
12. Planning Commission Agenda for the March 17, 2022 Meeting [100-2021]
Receive and file.
13. Acceptance of Donations for the Police, Fire and Library Departments from the Dorothy
Arens Ressel Trust [100-2021]
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City of Newport Beach
City Council Meeting
March 22, 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; and
b) Accept donations from the Dorothy Arens Ressel Trust for the benefit of the Police, Fire and
Library Departments that in total are anticipated to equal or exceed $120,000, and authorize
the City Manager to take any actions necessary to accept these donations.
14. 2021 Annual General Plan and Housing Element Progress Report (PA2007-195) [100-2021]
a) Find the preparation, review and submission of the 2021 General Plan Progress Report not
subject to the California Environmental Quality Act (CEQA) as the actions are not a project as
defined by Section 15378(b)(2) of the Public Resources Code;
b) Review the 2021 General Plan Progress Report, including the Housing Element Annual
Progress Report; and
c) Authorize the submittal of the 2021 General Plan Progress Report to the California Office of
Planning and Research and the submittal of the Housing Element Annual Progress Report to
the State Department of Housing and Community Development.
Motion by Mavor Pro Tem Blom, seconded by Council Member O'Neill, to approve the Consent
Calendar; and noting the recusal by Council Member Duffield to Item 3, the recusals by Mayor Muldoon
to Items 9 and 10, the "no" votes by Mayor Muldoon and Mayor Pro Tem Blom to Item 5, the amendments
to Item 1, and the continuance of Item 3. 1
The motion carried unanimously.
Ado-
XVL ITEMS REMOVED FROM THE CONSENT CALENDAR -None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Lynn Swain expressed her oppos}tiftasure B n the June 7, 2022 ballot.
City Attorney Harp reminded speakers that campaigning at City Council meetings is not allowed.
XVIII.
Nancy Scarbrough rd oHousing Needs Assessment (RHNA) audit by the California
Alliance of Local El nd a crenancv in the resident counts.
15. Resolution Nos. 20 and 2022-20: Land Use Entitlements for the Residences at
1300 Bristol Project ( A2021-161)
Community Development Director Jurjis and Associate Planner Crager utilized a presentation to
review the residences at 1300 Bristol Street project, map, project description, transfer of
development rights, Development Standard waiver requests, incentive requests, and the project
consistency relative to City zoning and State laws.
Ken Picerne, President and CEO of The Picerne Group, utilized a presentation to review the
multifamily, mixed-use project, reviewed the One Uptown Newport project, and noted the project
will have 169 market rate rental units and 24 affordable housing units.
Amanda Tropiano, Principal of De Novo Planning Group, Irwin Yau, Principal at TCA Architects,
and Matt Jackson, Vice President of MJS Landscape Architecture, utilized a presentation to
highlight the project, the project team, Picerne Group's background, One Uptown Newport, the
vicinity map, existing conditions, project context map, the project design, site plan, project
perspectives from Bristol and Spruce Streets, elevations, building sections, materials, the lifestyle
imagery, composite landscape plan, ground level view, podium level view, roof deck amenities, and
examples of amenity and plant imagery.
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City of Newport Beach
City Council Meeting
March 22, 2022
M"
Ms. Tropiano continued the presentation to review community letters of support, project benefits,
and The Picerne Group's commitment to the community through addressing housing needs,
supporting local businesses, and respecting the community.
Council Member Dixon expressed how impressed she is by the investments in the City from
The Picerne Group and her interest in greater park space. In response to Council Member Dixon's
question, Mr. Picerne confirmed he is a Newport Beach resident and shared his excitement for
helping the City realize its vision.
In response to Council Member Avery's questions, Associate Planner Crager reported that there will
be about $2 million in park fees and $3 million in public benefit fees for the 77 transferred units
that are subject to change. Council Member Avery discussed the project scale, The Picerne Group's
track record in the City, the need for affordable very low and low-income housing, and market rate
housing.
Council Member Duffield discussed the support from a Santa
Mayor Muldoon opened the public hearing.
Jim Mosher commented on the Newport Place planned reside
zoning incentives should apply to a market rate project at t
aircraft flight paths used to avoid Santa Ana Heights.
Hearing no further testimony, Mayor Muldoon closed_th
No. 2022-19, A Resolution of the City
Addendum No. 5 (ER2022-001) to the
Report and 2008-2014 City of Newp,
Declaration for the Residences at 134
(PA2021-161); and b) adopt Resolutm
Newport Beach, California, Approvi
Housing Implementation Placa No. E
Development Rights No. TD2022 001
1300 Bristol Street (PA2021 161).
The motion
Heights resident.
nmunity, questioned whether
amount, and noted the small
public hearing.
ded by'Council 'Member O'Neill, to a) adopt Resolution
Council of the City of Newport Beach, California, Adopting
2006 General Plan Update Program Environmental Impact
W Beach Housing Element Update Initial Study/Negative
) Bristol Street Project Located at 1300 North Bristol Street
i No. 2022-20, AResolution of the City Council of the City of
ig Site Development Review No. SD2021-003, Affordable
12022-001, Traffic Study No. TS2022-001, and Transfer of
for the Residences at 1300 Bristol Project Located at North
16. Appointment to the Building and Fire Board of Appeals to Fill an Unscheduled Vacancy
[241100-2021]
City Clerk Brown read the ballot votes as follows:
Michael Manning—Mayor Muldoon, Mayor Pro Tem Blom, Council Member Avery, Council Member
Brenner, Council Member Dixon, Council Member Duffield, and Council Member O'Neill
City Clerk Brown announced that Michael Manning was appointed to the Building and Fire Board
of Appeals for a term that expires on June 30, 2023.
17. Resolution No. 2022-21: Seventh Amended and Restated Employment Agreement for City
Attorney (C-7034-5) [38/100-2021]
City Attorney Harp recused himself due to personal financial effect conflicts.
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City of Newport Beach
City Council Meeting
March 22, 2022
Human Services Director Salvini provided an overview of the proposed City Attorney employment
agreement through December 20, 2028, including terms and conditions effective January 26, 2021,
a five percent merit adjustment upon the effective date, cost of living adjustments tied to those
received by executive management employees beginning January 2023 and each January thereafter,
deferred compensation for City contributions to a 401(a) account as of the agreement's effective date
in the amounts of $14,500 with an increase of $2,500 in January of each year for the remainder of
the employment agreement term, and severance provisions if terminated without cause providing a
cash settlement from the City equal to the monthly salary multiplied by the number of remaining
months on the unexpired agreement term subject to conditions.
Jim Mosher noted the change in the contract's term length and suggested a severance provision cap
of six months.
In response to Mayor Muldoon's questions, Human Resources Director Salvini clarified the
severance provision as per the Government Code, clarified an 18 -month maximum provision, and
reported there would be an 18 month severance provision if terminated without cause before
March 22, 2026, and a 12 month severance provision after March 22, 2026.
this action is exempt from the California Environ
15060(c)(2) and 15060(c)(3) of the CEQA Guidelin
change to the environment, directly or indirectly;
Seventh Amended and Restated Employment Ag
City Attorney Aaron C. Harp, subject to the tern
c) adopt Resolution No. 2022-21, A Resolution a
California, Modifying the Salary Range for the C
No. 22-047 appropriating $5,303 from unappropr
benefit accounts to implement the terms of the N
The motion carried
XX.
XXI. ADJOURNMENT
The agenda was poste
located in the entrap
March 17, 2022, at 4:00
Leilani I. Brown
City Clerk
uncil Member Dixon, to a) determine
!uahty Act (CEQA) pursuant to Sections
e this action will not result in a physical
ee and authorize the Mayor to execute a
between the City of Newport Beach and
)nditions approved by the City Council;
Council of the City of Newport Beach,
zey; and d) approve Budget Amendment
eral Fund balance to various salary and
for the remainder of FY 2021-22.
p.m. in memory of Andrew Dossett III
y's website and on the City Hall electronic bulletin board
City Council Chambers at 100 Civic Center Drive on
Kevin Muldoon
Mayor
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