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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR MEETING AND CLOSED SESSION MAY 12, 2020 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING — 4:00 P.M. (CONSENT CALENDAR AND CURRENT BUSINESS) CLOSED SESSION — FOLLOWS CURRENT BUSINESS PUBLIC HEARINGS — 7:00 P.M. WILL O'NEILL, Mayor BRAD AVERY, Mayor Pro Tem JOY BRENNER, Council Member DIANE B. DIXON, Council Member DUFFY DUFFIELD, Council Member JEFF HERDMAN, Council Member KEVIN MULDOON, Council Member GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. BROWN, City Clerk CAROL JACOBS, Assistant City Manager SPECIAL NOTICE REGARDING COVID-19 On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 12, 2020, Governor Newsom issued Executive Order N-25-20, which allows Council Members to attend City Council meetings telephonically. Please be advised that to minimize the spread of COIVD-19, some, or all, of the Newport Beach City Council Members may attend this meeting telephonically. Also, please be advised that on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allows for the public to participate in any meeting of the City Council telephonically or by other electronic means. Given the health risks associated with COVID-19, the City of Newport Beach has decided to not have City Council Chambers open to the public for this meeting. As a member of the public, if you would like to participate in this meeting, you can participate via the following options: 1. You can submit your questions and comments in writing for City Council consideration by sending them to the City Clerk at cityclerk(cDnewportbeachca.gov. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, May 11, 2020, at 5:00 p.m. 2. In addition, members of the public can participate in this meeting telephonically. Specifically, the meeting will be viewable on NBTV and live streamed on the City's website. If you are watching the meeting on NBTV or via the live stream, during the meeting, phone numbers for the public to call and to comment on specific agenda items will be posted on the screen. When you call, you will be placed on hold until it is your turn to speak. Please note that only twenty (20) people can remain on hold at a time. If you call in to speak on an item and the line is busy, please call back after a few moments. The City will ensure that it allows enough time per item for everyone to call in to comment. Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the process set forth above, please contact the City Clerk at (949-644-3005 or cityclerk(a�newportbeachca.goy) and she will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City's website. The City of Newport Beach thanks you in advance for continuing to take precautions to prevent the spread of the COVID-19 virus. NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting. PUBLIC HEARINGS If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NOTICE TO THE PUBLIC Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(a-)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 MAY 12, 2020 REGULAR MEETING — 4:00 P.M. (CONSENT CALENDAR AND CURRENT BUSINESS) CLOSED SESSION — FOLLOWS CURRENT BUSINESS PUBLIC HEARINGS — 7:00 P.M. ROLL CALL — 4:00 p.m. INVOCATION III. PLEDGE OF ALLEGIANCE IV. 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. V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES VI. PUBLIC COMMENTS ON CONSENT CALENDAR [949-270-8175] This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 16). 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. VII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the April 28, 2020 Special Meeting and April 28, 2020 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. ORDINANCE FOR ADOPTION 3. Ordinance No. 2020-13: Amending Section 6.04.170 Prohibiting Commercial Properties and Businesses from Disposing of Solid Waste in Public Waste Containers 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 City Council Meeting May 12, 2020 Page 2 b) Conduct second reading and adopt Ordinance No. 2020-13, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 6.04.170 of Chapter 6.04 of Title 6 of the Newport Beach Municipal Code Pertaining to the Commercial Use of Public Solid Waste, Recyclable Material or Divertible Material Containers/Bins. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2020-42: Increase of On -Street Parking Time Limit on Bayview Way 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. 2020-42, A Resolution of the City Council of the City of Newport Beach, California, Limiting the Parking of Vehicles on Certain Streets and Repealing Resolution No. 2019-68. 5. Resolution No. 2020-43: Summary Vacation of Existing Public Utilities Easement at 700 Malabar Drive 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. 2020-43, A Resolution of the City Council of the City of Newport Beach, California, Declaring the City's Summary Vacation of an Existing 10 -Foot Wide Public Utilities Easement Within a Portion of Lot 93 of Tract No. 1701 at 700 Malabar Drive and Directing the City Clerk to Record Same with the County Recorder's Office; c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. 6. Calling the November 3, 2020 General Municipal Election a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2020-44, A Resolution of the City Council of the City of Newport Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 3, 2020, for the Election of Members of the City Council as Required by the Provisions of the City Charter, c) Adopt Resolution No. 2020-45, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 3, 2020, with the Statewide Primary Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Electing Members of the City Council; and d) Adopt Resolution No. 2020-46, A Resolution of the City Council of the City of Newport Beach, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, November 3, 2020. 7. Calling the November 3, 2020 General Municipal Election —Proposed Charter Amendment a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2020-47, A Resolution of the City Council of the City of Newport Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 3, 2020, for the Submission of a Proposed Charter Amendment; City Council Meeting May 12, 2020 Page 3 c) Adopt Resolution No. 2020-48, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 3, 2020, with the Statewide Primary Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Submitting a Proposed Charter Amendment; d) Adopt Resolution No. 2020-49, A Resolution of the City Council of the City of Newport Beach, California, Setting Priorities for Filing Written Arguments Regarding a City Measure, and Directing the City Attorney to Prepare an Impartial Analysis; e) Adopt Resolution No. 2020-50, A Resolution of the City Council of the City of Newport Beach, California, Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to the Voters at the General Municipal Election to be Held on Tuesday, November 3, 2020, Pursuant to California Elections Code Section 9285; and f) Designate Mayor Will O'Neill, Mayor Pro Tem Brad Avery, and Council Member Duffy Duffield to draft a Direct Argument for the ballot measure and any Rebuttal Argument, if needed. CONTRACTS AND AGREEMENTS 8. Newport Island Park Enhancements — Notice of Completion for Contract No. 7500-1 (191-01) a) On November 19, 2019, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c); b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; and c) 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 release Faithful Performance Bond one year after acceptance by the City Council. 9. Street and Alley Pavement Repair Project — Notice of Completion for Contract No. 7680-1 (20R03, 20R07 and 20R11) 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. 10. Underground Utility Assessment District No. 117 — Notice of Completion for Contract No. 7337-1 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On June 26, 2018, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(d); 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 11. Bonita Canyon Drive and Ford Road Pavement Rehabilitation — Award of Contract No. 7588-2 (19R22) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b)(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. 7588-2 to R.J. Noble Company, for the total bid price of $2,252,925.00 and authorize the Mayor and City Clerk to execute the contract; City Council Meeting May 12, 2020 Page 4 d) Establish a contingency of $225,000.00 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 20-046 recognizing contributions and appropriating funds for the project. 12. Community Room Audio -Visual Improvements — Award of Contract No. 7817-1 (19F02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) (Interior or exterior alteration involving electrical conveyances) of the CEQA Guidelines, because this project results in negligible or no expansion of existing capacity; b) Approve the project drawings and specifications; c) Award Contract No. 7817-1 to VMI Inc. for the total base bid amount of $122,492.21, and authorize the Mayor and City Clerk to execute the associated construction contract; d) Establish $12,250.00, (approximately 10 percent) contingency to cover unforeseen conditions, extra work and/or material quantities; and e) Approve Budget Amendment No. 20-045 appropriating $118,842.21 in increased expenditures from unappropriated General Fund, PEG Fee Reserve fund balance to Account No. 01201925-980000-19F02. 13. Approval of Amendment No. 1 to Water Meter Reading Service Agreement with Alexander's Contract 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 Amendment No. 1 to the Service Agreement with Alexander's Contract Services for Water Meter Reading Services, with an additional $500,000 in contract compensation and a two-year contract extension, and authorize the Mayor and City Clerk to execute the agreement. 14. Approve the Professional Services Agreement for Potable Water Laboratory Services with Sierra Analytical Labs, Inc. 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 Professional Services Agreement for Potable Water Laboratory Services with Sierra Analytical Labs, Inc., for a five-year term with a total not -to -exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the Agreement. 15. Approval and Award of On -Call Professional Services Agreements for Marine Engineering and Harbor Related 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 Professional Services Agreements with Moffatt & Nichol, Anchor QEA, LLC, and Noble Consultants, Inc., with each agreement being for a term of three -years and a total not -to -exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the agreements. MISCELLANEOUS 16. Planning Commission Agenda for the May 7, 2020 Meeting Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED City Council Meeting May 12, 2020 Page 5 VIII. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165] IX. CURRENT BUSINESS 17. Emergency Ordinance Nos. 2020-003 and 2020-004: Review and Consider Extending the Prohibition on Short -Term Lodging Activity [949-270-8175] a) Find this action exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15269(c) (the activity is necessary to prevent or mitigate an emergency), Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Review the current status of Emergency Ordinance No. 2020-001 and take no further action, allowing the Emergency Ordinance to expire on May 20, 2020 or sooner; or c) Pursuant to City of Newport Beach Charter Section 412, waive full reading, direct the City Clerk to read by title only, and adopt Emergency Ordinance No. 2020-003, An Emergency Ordinance of the City Council of the City of Newport Beach, California, Extending the Restrictions Set Forth in Emergency Ordinance No. 2020-1 Prohibiting: (1) the Issuance of Any New Short Term Lodging Permit Pursuant to Newport Beach Municipal Code Chapter 5.95, and/or (2) the Rental of Any Lodging Unit, for a Period of Thirty (30) Consecutive Days or Less, to Any Person Other than a Medical Professional or Emergency Responder Coming to the City of Newport Beach to Aid with the COVID-19 Outbreak; or d) Pursuant to City of Newport Beach Charter Section 412, waive full reading, direct the City Clerk to read by title only, and adopt Emergency Ordinance No. 2020-004, An Emergency Ordinance of the City Council of the City of Newport Beach, California, Extending the Restriction Set Forth in Emergency Ordinance No. 2020-001 Prohibiting the Issuance of Any New Short Term Lodging Permit Pursuant to Newport Beach Municipal Code Chapter 5.95 and Requiring a Minimum Night Stay for All Short Term Lodging Rentals. 18. Review of the Adopted Fiscal Year 2019-20 Capital Improvement Program (CIP) Budget and the Proposed Fiscal Year 2020-21 through 2025-26 Capital Improvement Program Budget (Continued from the April 28, 2020 City Council Meeting) [949-270-8165] 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) Review both the adopted FY 2019-20 Capital Improvement Program and the proposed FY 2020-21 through FY 2025-26 Capital Improvement Program and provide any comments and further direction regarding projects or programs within the Capital Improvement Program budgets. 19. Novel Coronavirus (COVID-19) Update [949-270-8175] An oral report will be provided. X. PUBLIC COMMENTS ON CLOSED SESSION AND NON -AGENDA ITEMS [949-270-8165] Public comments are invited on Closed Session and 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. City Council Meeting May 12, 2020 Page 6 XI. CLOSED SESSION — Follows Current Business A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Susan Bidart Riddle v. City of Newport Beach & John Vallely Orange County Superior Court Case No. 30-2015-00808124-CU-WM-CJC; Court of Appeal, 4th Appellate District, Division 3, Case No. G057397 XII. RECESS XIII. RECONVENE AT 7:00 P.M. FOR PUBLIC HEARINGS XIV. ROLL CALL XV. CLOSED SESSION REPORT XVI. PUBLIC HEARINGS 20. Approval of the Fee Study Update [949-270-8175] Discuss the fee study update at the May 26, 2020 Study Session and bring the fees back to the City Council for adoption at the June 9, 2020 City Council meeting. 21. Resolution No. 2020-33: Appeal of Planning Commission Approval for The Garden Office and Parking Structure Proposed at 215 Riverside Avenue (PA2019-023) (Continued from the April 28, 2020 City Council Meeting) [949-270-8165] a) Conduct a de novo public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment, and c) Adopt Resolution No. 2020-33, A Resolution of the City Council of the City of Newport Beach, California, Upholding and Affirming the Planning Commission's Approval of Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 to Demolish an Existing Restaurant and Office Building and Construct a New Office Building and Parking Structure Located at 215 Riverside Avenue (PA2019-023); or d) Direct staff to return with a Resolution Reversing or Modifying the Planning Commission's Approval of Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 to Demolish an Existing Restaurant and Office Building and Construct a New Office Building and Parking Structure Located at 215 Riverside Avenue (PA2019-023). 22. Ordinance No. 2020-14: Terminating Non -Exclusive Commercial Solid Waste Franchises (Continued from the April 28, 2020 City Council Meeting) [949-270-8175] a) Conduct a public hearing to consider termination of 2017 Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services with twelve firms as listed in this staff report due to not obtaining insurance of the types and amounts in the 2017 Franchise and providing evidence of coverage by February 10, 2020, and/or not providing evidence of a collision avoidance system on all equipment that operates in Newport Beach by January 1, 2020; b) Determine this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15308 of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly and is categorically exempt pursuant to Section 15321; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020- 14, An Ordinance of the City Council of the City of Newport Beach, California, Terminating Those Certain 2017 Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services Within the City of Newport Beach, and pass to second reading on May 26, 2020. City Council Meeting May 12, 2020 Page 7 23. Resolution No. 2020-51: Community Development Block Grant — 2020-24 Consolidated Plan, 2020-21 Action Plan, and Citizen Participation Plan Amendment [949-270-8165] a) Conduct a public hearing to receive comments on the Draft 2020-24 Consolidated Plan, Draft 2020-21 Action Plan, and Draft Citizen Participation Plan Amendment; b) Find the approval of the 2020-24 Consolidated Plan, 2020-21 Action Plan, and Citizen Participation Plan Amendment exempt from the National Environmental Policy Act ("NEPA") pursuant to 24 CFR Part 58, Section 58.34; c) Find the approval of the 2020-24 Consolidated Plan, 2020-21 Action Plan, and Citizen Participation Plan Amendment are exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 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 it has no potential for resulting in physical change to the environment, directly or indirectly; d) Adopt Resolution No. 2020-51, A Resolution of the City Council of the City of Newport Beach, California, Approving the 2020-2024 Consolidated Plan, the 2020-2021 Annual Action Plan, and the Citizen Participation Plan for the Federal Community Development Block Grant Program; and e) Authorize the City Manager to: 1. Submit the 2020-24 Consolidated Plan, 2020-21 Action Plan, and Citizen Participation Plan Amendment to HUD; 2. Execute the 2020-21 CDBG Program Grant Agreement and all related documents on behalf of the City; 3. Execute the sub -recipient agreements with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan; and 4. Authorize the Community Development Director, or his/her designee, to be the official representative of the City of Newport Beach, and to submit required environmental documentation for CDBG projects. 24. Resolution No. 2020-52: Denying a Request to Waive City Council Policy L-2, Driveway Approaches, at 106 and 110 Sonora Street [949-270-8175] a) Conduct a public hearing; b) Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Article 19, of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3, (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2020-52, A Resolution of the City Council of the City of Newport Beach, California, Denying a Request to Waive City Council Policy L-2 (Driveway Approaches) and Approving Coastal Development Permit No. CD2019-007 to Allow the Demolition of an Existing Duplex and the Construction of a New Duplex Subject to a Modification of the Project to Provide Vehicular Access from the Alley for the Properties located at 106 and 110 Sonora Street (PA2019-029). XVII. 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. XVIII. ADJOURNMENT Testimony given before the City Council is recorded.