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HomeMy WebLinkAbout00 - Agenda/off i� \�FORN CITY OF NEWPORT BEACH CITY COUNCIL AGENDA NOVEMBER 29, 2022 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 5:30 P.M. KEVIN MULDOON, Mayor NOAH BLOM, Mayor Pro Tern BRAD AVERY, Council Member JOY BRENNER, Council Member DIANE B. DIXON, Council Member DUFFY DUFFIELD, Council Member WILL O'NEILL, Council Member GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. BROWN, City Clerk NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting. PUBLIC HEARINGS If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NOTICE TO THE PUBLIC Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or citvclerk(a�newportbeach ca. gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 NOVEMBER 29, 2022 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION - FOLLOWS STUDY SESSION REGULAR MEETING - 5:30 P.M. ROLL CALL — 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of items on the Consent Calendar SS2. Proclamation recognizing Bill Witte and Keiko Sakamoto for their support of the Library Lecture Hall SS3. Potential traffic calming options for Tustin Avenue As a follow up to the June 28, 2022 City Council meeting, staff will provide more information related to possible traffic calming options for Tustin Avenue. III. PUBLIC COMMENTS The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non -agenda items. Speakers must limit comments to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL Vill. CLOSED SESSION REPORT IX. INVOCATION — Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal Church X. PLEDGE OF ALLEGIANCE XI. PRESENTATION Presentations to Outgoing Council Member Diane Dixon City Council Meeting November 29, 2022 Page 2 XII. NOTICE TO THE PUBLIC The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. XIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIV. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Direct staff to work with the Airport Village Community Plan Group to develop a Memorandum of Understanding for a community plan in the Airport Area [Muldoon] XV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 20). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item. All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action. XVI. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 15, 2022 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCES FOR ADOPTION 3. Ordinance No. 2022-23: Amending the Newport Beach Municipal Code to Remove Reference to License Supervisor and License Inspector a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2022-23, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Sections 1.12.020(C) and 5.12.230(E) to Remove Reference to License Supervisor and License Inspector. City Council Meeting November 29, 2022 Page 3 4. Ordinance No. 2022-24: Designating Portions of Fernleaf Avenue, Goldenrod Avenue and Dahlia Avenue in Corona del Mar as One -Way Streets a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2022-24, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 12.52.040 (Corona del Mar) of the Newport Beach Municipal Code to Designate Portions of Streets as One -Way Traffic Only. 5. Ordinance No. 2022-25: Approving a Zoning Code Amendment Related to Nonconforming Uses and Structures (PA2022-076) a) Find this amendment exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15060(c)(2) and 15060(c)(3), California Code of Regulations, Title 14, Division 6, Chapter 3, because it will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2022-25, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2022- 004 to Amend Sections 20.18.030 (Residential Zoning Districts General Development Standards), 20.38.040 (Nonconforming Structures), and 20.38.050 (Nonconforming Uses) of the Newport Beach Municipal Code to Conform with State Law and Correct Errors Related to Setbacks (PA2022-076). 6. Ordinance Nos. 2022-26 and 2022-27: Adoption of the 2022 California Building Standards Codes with Local Amendments and 2022 California Fire Code with Local Amendments a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resource Code and Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; b) Conduct second reading and adopt Ordinance No. 2022-26: An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 15 (Building and Construction) of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division 11 of the 2022 California Building Code Designated as the Newport Beach Administrative Code; to Adopt the 2022 California Historical Code; the 2022 California Existing Building Code; the 2022 California Green Building Standards Code; and the 2022 California Energy Code; to Adopt with Local Amendments the 2021 International Property Maintenance Code; the 2022 Edition of the 2022 California Building Code; the 2022 Edition of the California Residential Code; the 2022 California Electrical Code; the 2022 California Mechanical Code; and the 2022 California Plumbing Code; to Adopt with Local Amendments the 2021 International Swimming Pool and Spa Code; and to Amend Chapters 15.19 Electrical Vehicle Charging and 15.50 Floodplain Management; and c) Conduct second reading and adopt Ordinance No. 2022-27: An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the 2022 Edition of the California Fire Code, as set forth in Title 24, Part 9 of the California Code of Regulations, with Local Amendments. City Council Meeting November 29, 2022 Page 4 RESOLUTIONS FOR ADOPTION 7. Resolution No. 2022-85: Approval of Measure M2 Expenditure Report a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2022-85, A Resolution of the City Council of the City of Newport Beach, California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the Fiscal Year Ending June 30, 2022. 8. Resolution No. 2022-86: Extension of Waiver of Fees for the Permitting of Accessory Dwelling Units (PA2022-037) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2022-86, A Resolution of the City Council of the City of Newport Beach, California, Extending the Temporary Waiver of Building Plan Check, Building Construction Permit, and Other City Permit Fees Directly Related to the Design and Construction of Accessory Dwelling Units and JuniorAccessory Dwelling Units. 9. Resolution No. 2022-87: Adoption of the City Emergency Operations Plan (EOP) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2022-87, A Resolution of the City Council of the City of Newport Beach, California, Rescinding the Former Emergency Operations Plan Adopted by Resolution No. 2011-93, Adopting the 2022 City of Newport Beach Emergency Operations Plan, and Authorizing Submittal of the 2022 Emergency Operations Plan to the California Office of Emergency Services. 10. Resolution No. 2022-88: Continuation of a Level Two Water Supply Shortage 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. 2022-88, A Resolution of the City Council of the City of Newport Beach, California, Extending the Declaration of a Level Two Water Supply Shortage as Mandated by the State Water Board; and c) Direct staff to implement additional water conservation public education and use restrictions to conserve water. CONTRACTS AND AGREEMENTS 11. East Coast Highway and Marguerite Avenue Pavement Rehabilitation (Project No. 21R12) — Notice of Completion for Contract No. 7807-2 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. City Council Meeting November 29, 2022 Page 5 12. Via Lido Soud and Nord Pavement Rehabilitation (Project No. 21R11) — Notice of Completion for Contract No. 7992-1 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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. 13. Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation — Award of Contract No. 8728-2 (22R14) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public 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. 8728-2 to All American Asphalt for the total bid price of $5,669,268.50, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $566,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract; e) Approve the Reimbursement Agreement with Irvine Ranch Water District (IRWD) for the cost of adjusting IRWD utilities on Newport Coast Drive; and f) Approve Budget Amendment No. 23-037 appropriating $195,562 in new revenue and expenditures from IRWD to 13501-980000-22R14 and appropriating $984,303.75 in increased expenditures in Account No. 12201-980000-22R14 from Measure M Fair Share Fund unappropriated fund balance. 14. Concrete Replacement Program (Project No. 23R06) — Reject All Bids for Contract No. 8921-1 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) Reject all bids received for Contract No. 8921-1 and direct staff to return all bidders bonds; and c) Direct staff to re -advertise the Concrete Replacement Program project for construction. 15. Approval of Agreement with Streetlight Restoration Specialists, Inc. for Streetlight Pole Painting & Restoration Services 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 On -Call Maintenance/Repair Services Agreement with Streetlight Restoration Specialists, Inc., for streetlight pole painting and restoration services, for a term of five years with a total not -to -exceed contract compensation amount of $500,000, and authorize the Mayor and City Clerk to sign and execute the Agreement. 16. Approval of Professional Services Agreement with Black & Veatch Management Consulting, LLC for 2023 Wastewater and Water Rate Study 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 the Professional Services Agreement for the 2023 Wastewater and Water Rate Study with Black and Veatch Management Consulting, LLC for $120,000; and c) Authorize the Mayor and City Clerk to execute the Agreement. City Council Meeting November 29, 2022 Page 6 17. Amendment No. Three to the Professional Services Agreement with Psomas for Environmental Services for the Revised Newport Village Mixed -Use Project (PA2022-0166) 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 Amendment No. Three to the Professional Services Agreement with Psomas for Environmental Impact Report (EIR) for Newport Village Mixed -Use Development in an amount not to exceed $555,111, and authorize the Mayor and City Clerk to execute the agreement. 18. Professional Services Agreement with Townsend Public Affairs, Inc. for State & Local Government Relations & Advocacy Services 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 Professional Services Agreement with Townsend Public Affairs, Inc. for state and local government relations and advocacy services for an initial two-year term, ending November 28, 2024, with two optional one-year extensions and a total not to exceed amount of $288,000, and authorize the Mayor and City Clerk to execute the agreement. 19. Gift Agreement Between City of Newport Beach and Friends of Newport Beach Animal Shelter to Accept Donation of the Real Property at 20282 Riverside Drive a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this action will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager and City Clerk to execute the Gift Agreement and all associated documents necessary to complete the donation transaction, with Friends of Newport Beach Animal Shelter, to accept donation of the property at 20282 Riverside Drive, in a form substantially similar to the agreement prepared by the City Attorney. MISCELLANEOUS 20. Accept the 2020 Emergency Management Performance Grant 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) Accept the grant funding in the amount of $11,706 to be used in support of the City of Newport Beach's emergency management program; and c) Approve Budget Amendment No. 23-035 to accept grant funds from the FEMA through the County of Orange, increase revenue estimates by $11,706 in account 01035352-431250, and increase expenditures appropriations by $11,706 in account 0103511-821005. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED City Council Meeting November 29, 2022 Page 7 XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XVIII. PUBLIC HEARINGS 21. Annual Review of Zoning Agreement for Sierra by the Sea (PA2010-150) — continued from the October 25, 2022 City Council meeting a) Conduct a public hearing; b) Find this review exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; c) Find that Sierra by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement; and d) Receive and file the documents submitted by Sierra by the Sea to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. 22. Ordinance No. 2022-28 and Resolution No. 2022-90: Amendments to Allow the Transfer of Development Rights in the Coastal Zone (PA2019-154) a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment; c) Adopt Resolution No. 2022-90, A Resolution of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2019-003 as Modified by the California Coastal Commission adding Policy No. 2.1.1-2 to the Coastal Land Use Plan Related to the Transfer of Development Rights (PA2019-154); and d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-28, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2019-003 as Modified by the California Coastal Commission Amending Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to the Transfer of Development Rights (PA2019-154), and pass to second reading on December 13, 2022. 23. Annual Reports on Development Impact Fees and Development Agreements a) Conduct a public hearing; b) 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 c) Receive, review, and file the Annual Reports on Development Impact Fees and Development Agreements. City Council Meeting November 29, 2022 Page 8 XIX. CURRENT BUSINESS 24. Superior Avenue Pedestrian/Bicycle Bridge and Sunset View Park Parking Lot — Award of Contract No. 8020-6 (15T09) a) Find the requirements for environmental review under the California Environmental Quality Act (CEQA) is satisfied by the November 19, 2019 Council adoption of Resolution No. 2019- 102, A Resolution of the City Council of the City of Newport Beach, California, Adopting Mitigated Negative Declaration No. ND2019-002 (SCH# 2019099074) for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (PA2019-014), including the Mitigation Monitoring and Reporting Program, pursuant to CEQA Guidelines and City Council Policy K-3; b) Approve the project plans and specifications; c) Approve Budget Amendment No. 23-038 appropriating $2,743,600 in increased expenditures in Account No. 14001-980000-15T09 from the Circulation and Transportation unappropriated fund balance; appropriating $544,345 in increased expenditures in Account No. 56201-980000-15T09; and transferring funds from the Facilities Financial Planning (FFP) unappropriated fund balance to the FFP: Parks and Community Centers fund; d) Award Contract No. 8020-6 to Reyes Construction, Inc. for the total bid price of $10,518,759, and authorize the Mayor and City Clerk to execute the contract; e) Establish a contingency of $842,000 (approximately 8 percent of total bid) to cover the cost of unforeseen work not included in the original contract; f) Authorize an Amendment No. Three to the Professional Services Agreement with Dokken Engineering for professional engineering services to increase the total not -to -exceed amount by $79,993, for a total not -to -exceed amount of $2,094,999, and authorize the City Manager and City Clerk to execute the Amendment in a form to be approved by the City Attorney; and g) Authorize an Amendment No. Four to the Professional Services Agreement with Chambers Group, Inc. for environmental services as required by the Mitigation Monitoring and Reporting Program to increase the total not -to -exceed amount by $220,407, for a total not -to -exceed amount of $628,279, and authorize the City Manager and City Clerk to execute the Amendment in a form to be approved by the City Attorney. 25. Resolution No. 2022-91: Adding a Human Resources Specialist Position for Police Department Recruitment and Retention 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. 2022-91, A Resolution of the City Council of the City of Newport Beach, California, Adding a Human Resources Specialist Position to the Human Resources Department; and c) Approve Budget Amendment No. 23-031 appropriating $71,640 to various salary and benefit accounts. City Council Meeting November 29, 2022 Page 9 26. Resolution No. 2022-92: Approving Side Letter Agreements with the Labor Groups Representing City Employees, Approving a Second Amendment to the Key and Management Compensation Plan, and Approving Amendments to the Appointee Employee Agreements and Police and Fire Chief Agreements 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. 2022-92, A Resolution of the City Council of the City of Newport Beach, California, Approving Side Letter Agreements with the Labor Groups Representing City Employees, Approving a Second Amendment to the Key and Management Compensation Plan, and Approving Amendments to the Appointee Employee Agreements and Police and Fire Chief Agreements; and c) Approve Budget Amendment No. 23-036 transferring $303,153.25 to various salary and benefit accounts. XX. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side. XXI. ADJOURNMENT Testimony given before the City Council is recorded. The timer light will turn yellow when the speaker has one minute remaining. The timer light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE