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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
NOVEMBER 16, 2021
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 — 6:30 P.M.
BRAD AVERY, Mayor
KEVIN MULDOON, Mayor Pro Tem
NOAH BLOM, 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.. 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 citvclerk6d�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
NOVEMBER 16, 2021
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 6:30 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Housing Element Update Discussion
Staff will present the changes made to the updated draft Housing Element, based on the
October 12, 2021 comments received from the California Department of Housing and
Community Development (HCD).
SS3. Fractional Home Ownership
Staff will present on the growing trend of fractional ownership of residential property and how
their use may be interpreted in the City's Municipal Code.
SS4. Water Conservation Ordinance Update
Staff will present an overview of the City's existing water conservation ordinance, Newport
Beach Municipal Code Section 14.16. An update to the code is needed because of new State
requirements and in preparation for likely drought scenarios. Prior to assembling the updated
ordinance, staff would like to receive feedback on concepts and principles.
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 LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, and Barbara Salvini,
Human Resources Director, Negotiators.
Employee Organization: Newport Beach Employees League (NBEL)
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Brad Avery, Mayor; and Kevin Muldoon, Mayor Pro Tem
Unrepresented Employee: Grace K. Leung, City Manager
V. RECESS
City Council Meeting
November 16, 2021
Page 2
VI. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Pastor Rick Mixon, Fairview Community Church
X. PLEDGE OF ALLEGIANCE
XI. 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.
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of a resolution supporting the Support Action for Spent Fuel Now coalition,
which facilitates a network of stakeholders to make offsite spent fuel storage and/or
disposal a priority at the Federal level, including for the San Onofre Nuclear Generation
Station site [Dixon]
• Consideration of allocating funding to hire a Government Affairs firm to represent the City
of Newport Beach regarding laws, rules and regulations related to residential care
facilities [Muldoon]
Consideration of a resolution expressing support for Initiative 21-0016, which:
(1) opposes the legislature of the State of California's adoption of legislation that
overrides local zoning and land use authority; and (2) ensures that zoning and land use
authority is retained by local governmental entities that represent the communities in
which the residents reside, and allows local government to participate in solving
affordable housing issues through solutions that effectively address the unique needs
and conditions of each local community [Brenner]
• Consideration of adopting a resolution supporting a ban on new offshore oil drilling
[Duffield and Avery]
• Request to have staff assess service needs and resources related to fire response in the
harbor and present the analysis, costs, and alternatives to City Council [Blom]
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 24). 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.
City Council Meeting
November 16, 2021
Page 3
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.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 26, 2021 City Council Regular 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. 2021-23: Fifth Amendment to the Hoag Development Agreement (PA2020-
065)
a) Determine that the Final EIR No. 142, which was certified by the City of Newport Beach in
1992, fully addresses the potential environmental effects associated with the Hoag Hospital
Master Plan development program; and
b) Conduct second reading and adopt Ordinance No. 2021-23, An Ordinance of the City Council
of the City of Newport Beach, California, Amending a Development Agreement between the
City of Newport Beach and Hoag Memorial Hospital Presbyterian (Development Agreement
Amendment No. DA2021-001).
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2021-107: Proclaiming the Termination of the Local Emergency Declared
on October 5, 2021 and Ratified on October 12, 2021 Related to the Oil Spill in the Pacific
Ocean
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. 2021-107, A Resolution of the City Council of the City of Newport
Beach, California, Proclaiming the Termination of the Local Emergency Declared on
October 5, 2021 and Ratified on October 12, 2021 Related to the Oil Spill in the Pacific
Ocean.
5. Resolution No. 2021-108: Authorizing the Recreation and Senior Services Director to
Apply for the Per Capita Grant Funds Under Proposition 68, Parks and Water Bond Act of
2018 to Construct Pickleball Courts at Newport Ridge Park
a) Find this action is not subject to 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,
Division 6, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; and
b) Adopt Resolution No. 2021-108, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing the Recreation and Senior Services Director to Apply for the
Per Capita Grant Funds Under County Per Capita Grant Funds in the amount of $177,952
and $53,284, Respectively.
City Council Meeting
November 16, 2021
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6. Resolution No. 2021-109: Adopting a Memorandum of Understanding with the Newport
Beach City Employees Association (CEA) and Newport Beach Professional and Technical
Employees Association (ProfTech) and Associated Salary Schedules
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. 2021-109, A Resolution of the City Council of the City of Newport
Beach, California, Adopting a Memorandum of Understanding Between the City of Newport
Beach and the Newport Beach City Employees Association and the City of Newport Beach
and the Newport Beach Professional and Technical Employees Association and the
Associated Salary Schedules; and
c) Approve Budget Amendment No. 22-018 appropriating $86,102 in increased expenditures in
various City division salary and benefit accounts from unappropriated General Fund
balances.
7. Resolution No. 2021-110: Medi -Cal Managed Care Rate Range Intergovernmental Transfer
(IGT) Program for Cost Recovery of EMS 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;
b) Adopt Resolution No. 2021-110, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing the Mayor and City Manager, or Designees, to Execute
Agreements and Amendments with the Department of Health Care Services (DHCS) and
CalOptima to Participate in the Rating Period of January 1, 2021 through December 31, 2021
Medic -Cal Rate Range Intergovernmental Transfer (IGT) Program;
c) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement Regarding
Transfer of Public Funds with the California Department of Health Care Services;
d) Authorize the Mayor and City Clerk to execute the Health Plan -Provider Agreement
Intergovernmental Transfer Rate Range Program Agreement with CalOptima; and
e) Approve Budget Amendment No. 22-021 increasing revenue estimates and expenditure
appropriations related to the Medi -Cal IGT Program. Additional revenues are estimated to
be up to $579,129 in Medi -Cal IGT Program funds (account number 01040404-431246) and
increased expenditure appropriations are estimated to be up to $310,177 in Medi -Cal IGT
Program expenditures (account number 01040404-821008).
8. Resolution Nos. 2021-111 and 2021-112: Proposed Assessment District No. 120-2 — Area
Along Santa Ana Avenue, Cliff Drive, La Jolla Lane and La Jolla Drive
a) The City Council deemed this project exempt from the California Environmental Quality Act
(CEQA) on October 12, 2021 pursuant to Section 15302(d) (conversion of overhead electric
utility distribution system facilities to underground including connection to existing overhead
electric utility distribution lines where the surface is restored to the condition existing prior to
the undergrounding);
b) Adopt Resolution No. 2021-111, A Resolution of the City Council of the City of Newport
Beach, California, Declaring its Intention to take Proceedings Pursuant to the Municipal
ImprovementAct of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of 1915,
and Make Certain Findings and Determinations in Connection therewith, all relating to the
Formation of Assessment District No. 120-2; and
c) Adopt Resolution No. 2021-112, A Resolution of the City Council of the City of Newport
Beach, California, Preliminarily Approving the Assessment Engineer's Report and Fixing the
Time and Place of the Public Hearing for Assessment District No. 120-2.
9. Resolution No. 2021-113: 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
City Council Meeting
November 16, 2021
Page 5
b) Adopt Resolution No. 2021-113, 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, 2021.
10. Resolution No. 2021-114: Supporting the Water Infrastructure Funding Act of 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) Adopt Resolution No. 2021-114, A Resolution of the City Council of the City of Newport
Beach, California, Supporting the Water Infrastructure Funding Act of 2022.
11. Resolution No. 2021-115: Supporting the Stopping Hazardous Incidents in the Pacific Act
of 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; and
b) Adopt Resolution No. 2021-115, A Resolution of the City Council of the City of Newport
Beach, California, Supporting the Stopping Hazardous Incidents in the Pacific Act of 2021
("SHIP Act').
12. Resolution No. 2021-116: Supporting the Inclusion of the City in a Coastal Orange County
Congressional District
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. 2021-116, A Resolution of the City Council of the City of Newport
Beach, California, Requesting the California Citizens Redistricting Commission Include the
City of Newport Beach and All Other Orange County Coastal Cities in the Same
Congressional District, and
c) Authorize the Mayor to sign the letter to the California Citizens Redistricting Commission.
CONTRACTS AND AGREEMENTS
13. Dover Shores Traffic Calming Improvements — Notice of Completion for Contract
No. 7998-1 (Project No.19T12)
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 Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
14. FY2019-20 Streetlight Improvements (Eastbluff) — Notice of Completion for Contract
No. 7661-2 (20V02)
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.
15. FY2019-20 Traffic Signal Rehabilitation Project — Notice of Completion for Contract
No. 7818-1 (20T01)
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 16, 2021
Page 6
16. FY2021-22 Traffic Signal Rehabilitation Project — Award of Contract No. 8746-1 (22T01)
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 project plans and specifications;
c) Award Contract No. 8746-1 to International Line Builders, Inc. dba ILB Electric for the total
bid price of $733,221, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish $74,000 (approximately 10 percent) contingency to cover the cost of unforeseen
work not included in the original contract.
17. Ocean Piers Maintenance Project — Award of Contract No. 7884-2 (22H03)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (minor alteration of existing public facilities with negligible expansion) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project
has no potential to have a significant effect on the environment;
b) Approve the project drawings and specifications;
c) Award Contract No. 7884-2 to APC for the total bid price (includes additive bid items) of
$578,770, and authorize the Mayor and City Clerk to execute the contract;
d) Establish an amount of $57,877 (10%) to cover the cost of unforeseen work not included in
the original contract; and
e) Approve Budget Amendment No. 22-022 appropriating $140,000 from Tidelands Capital
Fund unappropriated fund balance to Account No. 10001-980000-221-103 (Tidelands
Maintenance fund).
18. City Bridge Maintenance Project — Award of Contract No. 7679-2 (21 R13)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (c) (repair and maintenance of existing street with 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 drawings and specifications;
c) Award Contract No. 7679-2 to Applied Restoration, Inc. for the total bid price of $669,420,
and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $67,000 (approximately 10 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
19. Approval of Agreement for On -Call Plant Healthcare Services with West Coast Arborists,
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 a three-year On -Call Agreement with two automatic annual extensions with West
Coast Arborists, Inc. for plant healthcare services for City trees and landscape with a not -to -
exceed amount of $600,000, and authorize the Mayor and City Clerk to execute the
agreement.
20. Ford Road Pump Station Rehabilitation — Approval of Amendment No. 1 to Walden &
Associates Professional Services Agreement (Contract No. 7731-1)
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; and
b) Approve Amendment No. 1 to the Professional Services Agreement with Walden &
Associates of Irvine, California, for the Ford Road Pump Station Rehabilitation project to add
$69,477 to the current contract for a total not -to -exceed amount of $174,922, and authorize
the Mayor and City Clerk to execute the agreement.
City Council Meeting
November 16, 2021
Page 7
21. Professional Services Agreement for Pier and Boardwalk Safety
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, and
b) Approve a Professional Services Agreement with Contemporary Services Corporation of
Northridge, California, for Pier and Boardwalk Safety in an amount not -to -exceed
$1,050,000, and authorize the Mayor and City Clerk to execute the Agreement.
22. Approval of Amendment No. Two to Janitorial Services Agreement with Universal
Building Maintenance, LLC dba Allied Universal for Janitorial Services at City Facilities
(Contract No. 8567-1)
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) Approve Amendment No. Two to the Janitorial Services Agreement with Universal Building
Maintenance, LLC dba Allied Universal to increase the total not -to -exceed amount by
$426,126, for a total not -to -exceed amount of $2,668,144.76, and extend the term for
six months to June 30, 2022; and
c) Authorize the Mayor and City Clerk to execute the amendment.
MISCELLANEOUS
23. Annual Reporting on Development Impact Fees and Development 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; and
b) Receive, review, and file the Annual Reports on Development Impact Fees and Development
Agreements.
24. Fiscal Year 2021-22 First Quarter Financial 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;
b) Approve Budget Amendment No. 22-005, adjusting revenue estimates and expenditure
appropriations for the FY 2021-22 budget as outlined in the staff report; and
c) Receive and file the report of budget amendments for the first quarter.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
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.
City Council Meeting
November 16, 2021
Page 8
XVIII. PUBLIC HEARINGS
25. Resolution No. 2021-117: Call for Review of the Corona del Mar 76 Service Station
Remodel (PA2019-027)
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no
potential to have a significant impact on the environment; and
c) Adopt Resolution No. 2021-117, A Resolution of the City Council of the City of Newport
Beach, California, Upholding the Decision of the Planning Commission and Approving
Conditional Use Permit No. UP2019-004 and Coastal Development Permit No. CD2019-005,
which Supersedes Conditional Use Permit No. UP1580, to Remodel and Expand an Existing
Convenience Store Including a Waiver of Some Service Station Development Standards and
the Introduction of a Type 20 (Off -Sale Beer and Wine) Alcohol Beverage Control License
for the Property Located at 2201 East Coast Highway (PA2019-027).
26. Ordinance No. 2021-24: Amendment to the Newport Place Planned Community (PC -11)
(PA2021-147)
a) Conduct a public hearing;
b) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15303 of the CEQA Guidelines because it has no potential to have a
significant effect on the environment; and
c) Waive full reading, read by title only, introduce Ordinance No. 2021-24, An Ordinance of the
City Council of the City of Newport Beach, California, Approving an Amendment to the
Newport Place Planned Community (PC -11) No. PD2011-001 to Change the Land Use
Designation from "Restaurant Site 1 " to "General Commercial Site 8" for Property Located at
4241 MacArthur Boulevard, and pass to second reading on November 30, 2021.
27. Annual Review of Zoning Agreement for Sierra by the Sea (PA2010-150)
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 SBTS has demonstrated good faith compliance with the terms of the Zoning
Implementation and Public Benefit Agreement; and
d) Receive and file documents submitted by SBTS to demonstrate good faith compliance with
the terms of the Zoning Implementation and Public Benefit Agreement.
XIX. CURRENT BUSINESS
28. Ordinance No. 2021-25: Solid Waste and Divertible Material Container and Bulky Item
Requirements
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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
25, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Chapter 6.04 (Garbage, Refuse and Cuttings), Chapter 6.06 (State Mandated Municipal
Solid Waste Diversion Programs), and Chapter 14.17 (Water -Efficient Landscaping) of the
Newport Beach Municipal Code Necessary to Implement Senate Bill 1383 (Short -Lived
Climate Pollutant Reduction Act of 2016) State Mandates, and pass to second reading on
November 30, 2021.
City Council Meeting
November 16, 2021
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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.
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