HomeMy WebLinkAbout01 - MinutesDecember 14, 2021
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
November 30, 2021
I. ROLL CALL - 4:00 p.m.
Mayor Avery welcomed Cub Scout Pack 108 from Costa Mesa/Newport Beach.
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Certificate of Recognition to Jeffrey Herkins of Boy Scout Troop 106
Mayor Avery presented a Certificate of Recognition to Mr. Herkins for earning 138 merit badges
and emphasized the importance of scouting. Jeffrey Herkins discussed how he earned some of
his more challenging badges and spoke about joure plail
SS3. Water Conservation Ordinance Update r
Utilities Director Vukojevic utilized adw.Lsentation to discuss the current drought situation,
background, process to achieve water cutbacks, o4stomer categories, policy discussions for
prioritizing water use, the method for water alocatioa)water budgets, examples of water use
and the customer portal, examples of a 30% cutback based on historical use and water budgets,
the water allocation m^hodcation and en rcement, drought stages, next steps, and
questions to consider.
In response to Counci, Utilities Director Vukojevic confirmed that rebates are
available for artificial turf replacement hared information about the rebate programs and past
educational ma4keting efforts, note no plans exist for tree elimination, explained water budget
determinants, discussed digital metering, the mywaternb app, provided an update on the
Advanced Meter Infrastructure (AMI) project, challenges related to rental and historic use data,
and water consultation opportunities, confirmed that a 30% water consumption reduction is an
estimate made by the City, reviewed past water reduction amounts and factors, shared options
for prioritizing water use, relayed that the State will be asking for additional information from
the City and the clWlenges associated with balancing efficient water use across all customer
categories, and discussed the City's recycled water initiatives since the last drought. He agreed
that digital meters could make a positive difference in water consumption habits and added that
consultation and enforcement will be the remedy for noncompliance.
Council Member O'Neill favored using historical water use data to allocate water and the
standard code enforcement process.
Mayor Pro Tem Muldoon favored a consumer education program and an invitation to participate
in water use reduction.
Council Member Blom expressed his concern for safety and sanitation in the commercial sector
by regulating services and the affect on residents and companion agencies.
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Council Member Dixon favored using historical water use data to allocate water with a
transition to a budget -based system, and using the standard code enforcement process.
Nancy Scarbrough discussed recycled water use opportunities, the impact to residents due to
Senate Bill (SB) 9, an objective standards option, and shared the California State Building Code
landscaping restrictions.
David Tanner requested the City share with the public future population growth projections to
assist in water consumption forecasting.
In response to Charles Klobe's question, Utilities Director Vukojevic confirmed that the
ordinance update is limited to those with water service provided by the City.
Chuck Fancher supported proactive measures, a water budget -based system, community
education and communication mechanisms, consequences for overuse, and requested lowering
artificial turf minimum space requirements.
In response to Council Member Dixon's questions, Utilities irector Vukojevic discussed Purple
Water Line projects, infrastructure costs, primary in ents, and future recycled water
studies.
SS4. Discussions Relative to SB 9 and SB 10 4f F ,+
Community Development Director Jurjis, Principal Planner Murillo, and Senior Planner Zdeba
utilized a presentation to provide an overview of SB 10 and considerations, and an overview of
SB 9, exclusions, Coastal Zoning, development standards, existing objective standards, SB 9
mandatory standards, a comparison of various City areas, opportunities for more restrictive
standards, SB 9 urban lot split, limitations, and exams, implications for the City, what other
cities are doing, questions for Council, and next steps, including Item 9 (Resolution No. 2021-
122: Initiation of Code Amendments Related to Senate Bill No. 9) on the Consent Calendar.
In response to Council questions, Principal Planner Murillo confirmed that SB 9 applies to
single-family zoned lots, indicated than parking can be included as a development standard,
and homeowner as�igtions are exempt from SB 9. Senior Planner Zdeba further described
privacy meaMes.
Questions:.
1. SB10: Doe Co it wish to adopt an ordinance to opt -in and allow 10 units on a
parcel?
2. SB9: Does the Council want to adopt more restrictive standards to limit SB9 projects or
utilize our current code?
3. SB9: Does the Council want to limit the maximum number of units to two per lot
including Accessory Dwelling Units?
Mayor Pro Tem Muldoon clarified HOA's protected rights and chose "no" for question 1 and
"yes" for questions 2 and 3.
Council Member O'Neill chose "no" for question 1 and "yes" for questions 2 and 3.
Council Member Duffield questioned the impact on the City's infrastructure with
measurable growth over time and chose "no" for question 1 and "yes" for questions 2 and 3.
Council Member Dixon chose "no" for question 1 and "yes" for questions 2 and 3.
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In response to Council Member Dixon's questions, Community Development Director Jurjis
clarified the Council's purview relative to restrictions and agreed to disclose nonrecoverable
costs to the City. Principal Planner Murillo clarified the setback standards.
Mayor Avery chose "no" for question 1 and "yes" for questions 2 and 3.
In response to Mayor Avery's question, Senior Planner Zdeba concurred that SB 9 is an evolving
bill.
In response to Council Member Brenner's question, Senior Planner Zdeba confirmed that the
City would benefit from restoring local control through the proposed amendment to the
Constitution of California. Principal Planner Murillo explained the Accessory Dwelling Unit
(ADU) count and parking limitation rules.
In response to Council Member Dixon's questions, Senior Planner Zdeba explained the schedule
and Community Development Director Jurjis noted the ordinance priority and the unclear
deadline for changes by the Council to the objective design standards.
Nancy Scarbrough applauded the City's efforts to exppdi1SB 9 and SB 10, shared a recent
solicitation to her property from commercial investors, and discussed the process for changing
objective design standards. - 1
Jim Mosher suggested that public comment be shared before Council provided direction to staff,
questioned the understanding of how SB 9 applied to the Coastal Zone, and explained the
distinction between HOAs and Conditions, Covenants and Restrictions (CC&Rs).
David Tanner discussed the potential challenges of increased on street parking and asked that
the Council seek guidance from the California Coastal Commission.
Chuck Fancher cautioned the C uncil about creating restrictions with potential long-term
disadvantages and suggested optiks for test probable value to residents and provisions for
parking and garage space.
City AttorneyIarp confirmed thCouncil unanimously favored "no" for question 1 and
"yes" for questions 2 and 3.
SSS. Parking Code Update
A
Community Development Director Jurjis and Senior Planner Schneider utilized a presentation
to review the background for parking study, restaurant parking, bicycle use, rideshare and
delivery services, commercial parking ratio updates, parking in -lieu fees, parking space
reductions, expansion of outdoor uses, and feedback.
Council Member O'Neill indicated that calculation updates are site-specific, discussed
restaurant parking variables based on smaller, fast casual dining versus longer stay, larger
restaurants, noted that opportunities for bicycle and rideshare users are site -dependent, and
parking waiver determinants are based on the size and scope of the parking study. In response
to Council Member O'Neill's questions, Senior Planner Schneider confirmed that a full
professional traffic study is used to determine the parking waiver.
In response to Council Member Dixon's questions, Senior Planner Schneider explained the
parking supply and demand, ratio updates and incentives that may create a parking surplus,
potential impacts to off-site parking, rideshare nuisance, and bicycle use to support the
recommendation, and discussed the zoning ordinance fluency and outdated parking rates.
Community Development Director Jurjis noted potential development stimulus for the Balboa
Village, staff's pursuit for areas to implement overlays, and the fee-based public parking use for
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restaurant owners seeking additional parking spaces. Council Member Dixon supported the
recommendations and expressed interest in investigating an in -lieu parking program.
Council Member O'Neill supported the recommendation contingent on adding an in -lieu parking
program and used the City of Fountain Valley as an example.
Council Member Blom supported the parking waiver, alternate modes of transportation,
incentives, an independent approach to restaurant parking spaces, and a fund to address
parking challenges.
Council Member Brenner supported a site-specific approach, explained residential parking
challenges, and suggested community education on the recommendations.
Mayor Avery noted the lack of parking and parking options in the City based on current and
future housing development, supported alternative transportation modes, and struggled with
the idea of reducing parking.
Council Member Dixon shared the potential economic,.mpact and influence of parking
opportunities relative to business types, discussed the ongoi�ig parking problem, and suggested
a partnership with a private entity for additional parking.
Chuck Fancher shared his experience as a businegs operator, the,evolution of attracting retailers
with parking, the decreased parking ratios, a how paring supplies are dictated by landlords,
owners, and government, and suggested a sha ,Parking concept and the City focus on less rote
indexes, more local conditions, and greater discretion to staff.
Admikk
Nancy Scarbrough shared the incremental costs to a restaurant owner relevant to parking
reductions. 40 1-1,
Jim Mosher suggested a revision to the title of Item 8 (Resolution No. 2021-121: Initiation of
Zoning Code and LCP Amendments Relatid to Parking Regulations) to include commercial
parking and noted the delayed submissio by the Council relative to the Balboa parking
management proposal.
David Tanner noted the challenge to get the California Coastal Commission to approve a
reduction iri parking, and offered parking space suggestions. He also suggested that new
construction take responsibility for mitigating their financial impact on the City, new laws
added to the Geperal Plan Update and environmental report, and there be alternatives to attract
more tourists to McFadden Square.
City Attorney HarrEonfirmed that the Council supported having the Planning Commission
review the recommendations.
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Chad Kroeger explained the cliff erosion problem in Santa Barbara County and his group's solution,
and requested that the Council recognize the cliffs from Freebirds Burritos to Sea Lookout Park be
recognized as a place of special historic interest.
JT Parr shared his experience in the group's solution and requested the Isla Vista Cliffs in Santa
Barbara County be recognized as a place of special historic interest.
Jim Mosher commented on Closed Session Item IV.A, questioned the City's involvement in a lawsuit
outside of its jurisdiction, and requested a list of City lawsuits.
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Council Member O'Neill announced a conflict with Closed Session Item IV.A due to business
interest conflicts.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed in the Closed Session agenda and read the titles, and reported that
City Manager Leung, City Attorney Harp, and City Clerk Brown will be recusing themselves
on Closed Session Item IV.0 due to potential financial interest conflicts.
IV. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
In Re: National Prescription Opiate Litigation
United States District Court, Northern District of Ohio, Case No. 1:17 -MD -2804
B. 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 Organizations: Part Time Employeesssociation of Nelort Beach (PTEANB), Newport
Beach Professional and Technical Employees Association (NBPTEA), Newport Beach City Employees
Association (NBCEA), Association of NBeach Ocean Lifeguards (ANBOL), and Key &
Management - unrepresented employees
C. CONFERENCE WITH LABOR l
(Government Code § 54957.6): 1
Agency Designated Representativ : B dery, Mayor; and Kevin Muldoon, Mayor Pro Tem
Unrepresented Employees: Grace ng, City Manager, Aaron C. Harp, City Attorney, and
Leilani I. Brown, City Clerk
110 10
V. RECESSED — 6:41 p.m.
VI. RECONVENED AT 7. M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
VIII. CLOSED SESSION REPORT
Regarding Closed Session Item IV.A, City Attorney Harp announced that Council Member Dixon made a
motion, which was seconded by Mayor Avery, to authorize the City Manager to participate in the
nationwide settlement related to the opioid crisis which could result in a $3 million settlement to the City
over an 18 -year period upon the finalized settlement. With Council Member O'Neill recusing himself, the
motion carried 6-0.
IX. INVOCATION — Council Member Dixon
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X. PLEDGE OF ALLEGIANCE - Council Member Blom
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Blom:
• Announced his purpose for serving on the City Council and his different leadership style, discussed
his drinking at the dais, thanked the community for their feedback, and noted that he will focus on
the best interests of the City
Council Member Brenner:
• Attended the Corona del Mar Association (CdMRA) meeting with Council Members Blom and
O'Neill and the Orange County Mosquito and Vector Control meeting
• Toured the Port of Long Beach with Harbormaster Blank, Long Beach Mayor Robert Garcia, and
the Port of Long Beach Executive Director Mario Cordero
Council Member O'Neill:
• Attended the Citizens of the Year ceremony and a San Joaquin Hills Transportation Corridor
Agency (TCA) workshop
• Hosted a Girl Scout Troop and the Seashore Academe in the Council Chambers
• Announced a City Council Redistricting Committe meeting.Qn December 13, 2021, and noted those
interested in creating their own redistricting map 4n go to the City's website
Council Member Dixon: AOM-
• Requested a future agenda item to consider amending Council Policy A -l's Rules of Decorum
related to the consumption of alcohol at pudic meetings a the Newport Beach Municipal Code to
prohibit drinking in public buildings 1
• Attended the Citizens of thOYYemony Council Member Duffield:Extended congratulations tarbor igh School (NHHS) for their football championship
Mayor Pro Tem MulAw
• Utilized a slideAlo announce that the City is collecting toys, DVDs, and other items for Operation
Christmas until noon on Dec*er 22, 2021, and encouraged the community to donate
Mayor Avery:
• Attended the Citizen e Year ceremony and the Orange County Sanitation District (OCSD)
board meeting
Utilized slides to announce that the fisheries reopened on November 30, 2021, at noon, citizens can
participate in a drought survey at watersmartnewport.com until December 3, 2021, and the NHHS
football team won the CIF Southern Division 6 Champion and will play their next game on
December 3, 2021
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Brenner requested and received clarification regarding Item 5 (Ordinance No. 2021-
25: Solid Waste and Divertible Material Container and Bulky Item Requirements) from Deputy Public
Works Director Martin, Item 16 (East Coast Highway and Marguerite Avenue Pavement Rehabilitation
— Award of Contract No. 7807-2) from Public Works Director Webb and Deputy Public Works Director
Houlihan, and Item 7 (Resolution No. 2021-120: Supporting Initiative No. 21-0016 to Amend Article XI
of the California Constitution to Provide That Local Land Use and Zoning Laws Override Conflicting
State Laws) and Item 9 (Resolution No. 2021-122: Initiation of Code Amendments Related to Senate
Bill No. 9 (PA2021-277)) from Community Development Director Jurjis.
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Jim Mosher suggested Item 8 (Resolution No. 2021-121: Initiation of Zoning Code and LCP Amendments
Related to Parking Regulations) include the word "Commercial' in the title, shared his disappointment
that there was no public discussion on Items 20 (Tentative Agreement with Newport Beach Police
Association (NBPA)) and 21 (Tentative Agreement with Newport Beach Firefighters Association
(NBFA)), and questioned the bonus structure.
Susan Skinner noted the website stopsb9oc.com for anyone interested in supporting the Statewide
initiative to prevent the State of California from dictating zoning decisions and restore local control of
zoning laws to the City.
Jax Richards urged Council to support Item 10 (Resolution No. 2021-123: Supporting a Ban on New
Offshore Oil and Gas Drilling) to protect beaches, marine life, and local economy, minimize climate
change, phases out fossil fuels, and promotes clean energy.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 16, 2021 City Council Special Meeting and Regular Meeting
[100-2021]
Waive reading of subject minutes, approve as amende and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consi tion and direct the City Clerk to read by title
only.
ORDINANCE FOR INTRODUCTION
3. Ordinance No. 2021-26: Amending the LCP Implementation Plan Related to Corrections,
Clarifications, and Inconsistencies (PA2019-055) [100-2021]
a) Find this project statutorily exempt from #ie California Environmental Quality Act (CEQA)
pursuant to Section 21065 of CEQA a4l State CEQA Guidelines Sections 15060(c)(2),
15060(c)(3) and 15378. The proposed ac4iaff is also exempt pursuant to State CEQA Guidelines
Section 15061(b)(3) because it has 4&Qpoftential to have a significant effect on the environment;
and 1k
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-26,
An Ordinance of the City Council of the City of Newport Beach, California, Amending
Title 21 (Local)(bastal Program Implementation Plan) of the Newport Beach Municipal Code
and Adopting Local Coastal Program Amendment No. LC2019-001 Correcting and Clarifying
Provisions Related to Minimum Lot Size and Dimension, Overlays and Public Hearing Notice
Requirements (PAS -055), and pass to second reading on December 14, 2021.
ORDINANCES FOR ADOPTION
4. Ordinance No. 2021-24: Amendment to the Newport Place Planned Community (PC -11)
(PA2021-147) [100-2021]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 of the CEQA Guidelines because it has no potential to have a
significant effect on the environment; and
b) Conduct second reading and adopt 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. PD2021-001 to Change the Land Use Designation from "Restaurant Site
1" to "General Commercial Site 8" for the Property Located at 4241 MacArthur Boulevard
(PA2021-147).
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Council Member O'Neill recused himself from Item 4 due to his membership in the Pacific
Club.
5. Ordinance No. 2021-25: Solid Waste and Divertible Material Container and Bulky Item
Requirements [100-2021]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2021-25, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Chapter 6.04 (Garbage, Refuse, 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.
RESOLUTIONS FOR ADOPTION
6. Resolution No. 2021-119: Supporting the Action for Spent Fuel Now Coalition [100-2021]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of th'y CEQA Guidelines because it has no
potential for resulting in physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2021-119, A Resolution of the City Council of the City of Newport Beach,
California, in Support of the Action for SpentF Now Coalitio
7. Resolution No. 2021-120: Supporting Initiat No. 21-0016 to Amend Article XI of the
California Constitution to Provide That Local Land Use and Zoning Laws Override
Conflicting State Laws [100-2021]
Adllkk-
a) Determine this action is exempt from environmental'revi4w under the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) 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. 2021-120, A Resoluj4n of the City Council of the City of Newport Beach,
California, Expressing Support for InitiaW No. 21-0016 to Amend Article XI of the California
Constitution to Provide That Local Land Me and Zoning Laws Override Conflicting State Laws.
8. Resolution No. 2021-121: Initiation of Zoning Code and LCP Amendments Related to
Parking Regulations (PA2021-104) [100-2021]
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 1526V (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2021-121, A Resolution of the City Council of the City of Newport Beach,
California, Initiati?RFAmendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal
Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Parking
Regulation (PA2021-104).
9. Resolution No. 2021-122: Initiation of Code Amendments Related to Senate Bill No. 9
(PA2021-277) [100-2021]
a) Determine this action is exempt from environmental review under the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15262 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. 2021-122, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to the General Plan, Coastal Land Use Plan of the Local
Coastal Program, and Titles 19 (Subdivisions), 20 (Planning and Zoning), and 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code Related to the City's
Implementation of Senate Bill No. 9 (PA2021-277).
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10. Resolution No. 2021-123: Supporting a Ban on New Offshore Oil and Gas Drilling [100-
20211
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. 2021-123, A Resolution of the City Council of the City of Newport Beach,
California, Supporting a Ban on New Offshore Oil and Gas Drilling.
11. Resolution No. 2021-124: Repealing Resolution No. 2021-32 and Designating a Portion of
31st Street in Cannery Village as a One -Way Street [100-20211
a) 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. 2021-124, A Resolution of the City Council of the City of Newport Beach,
California, Repealing City Council Resolution No. 2021-32 and Designating a Portion of
31st Street in Cannery Village as a One -Way Street.
Council Member Blom recused himself from Item 11 due to property interest conflicts.
12. Resolution No. 2021-125: Authorizing the Project List Submittal for Coronavirus
Response and Relief Supplemental Appropriations Act of 2021 Funding Through the
Orange County Transportation Authority 2Oalifornia
Pavement Management Relief Funding
Program [100-20211
a) Determine this action is exempt from the 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. 2021-125, A Resolution of the 'City Council of the City of Newport Beach,
California, Certifying that the City of Newport Beach hrrs Authorized the Project List Submittal
for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 Funding Through
the Orange County Trans on Authority 2021 Pavement Management Relief Funding
Program.
CONTRACTS AND
13. Arches Diversion Projec aompletion for Contract No. 8279-2 (16X11) [381100-
2021]
a) Accept the completed work an authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the Cly Clero release the Labor and Materials Bond 65 days after the Notice of
Completion has been re orded in accordance with applicable portions of Civil Code; and
c) Release Faithful Pmrormance Bond one year after acceptance by the City Council.
14. FY 2021-22 Streetlight Improvement Project (Harbor View Hills) — Award of Contract
No. 7661-3 (22V02) [38/100-20211
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) (replacement of existing utility facilities involving negligible expansion of
capacity) 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. 7661-3 to Calpromax for the total bid price of $768,665 (base bid), and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish and encumber a $76,900 (approximately 10 percent) contingency amount to cover the
cost of unforeseen work not included in the original contract.
Mayor Pro Tem Muldoon recused himself from Item 14 due to potential business interest
conflicts.
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15. Balboa Boulevard Median Improvements (19R11) — Award of Contract No. 7629-2 [38/100-
20211
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301, 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. 7629-2 to Green Giant Landscape, Inc. for the total bid price of $1,488,767,
and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $150,000 (approximately 10 percent of the total bid) to cover the cost
of unforeseen work not included in the original contract.
16. East Coast Highway and Marguerite Avenue Pavement Rehabilitation (211112) — Award
of Contract No. 7807-2 (22T01) [38/100-20211
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no expansion
of capacity) of the CEQA Guidelines, because this project s no potential to have a significant
effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7807-2 to All American Asphalt tal bid price of $3,363,056, and
authorize the Mayor and City Clerk to execute the contract; ands.
d) Establish a contingency of $337,000 (approximately 10 percent of total bid) to cover the cost of
unforeseen work not included in the original contract. if
17. Approval and Award of MaintenantVMepair Services Agreement with Merchants
Landscape Services, Inc. for Landscape Maintenance of Parks and Facilities (C-8772-1)
[38/100-2021]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Approve a one-year Maintenance/Repair Services Agreement with four automatic one-year
extensions with Merchants for the Laniseape Maintenance of Parks and Facilities, at a base
cost of $1,950,000 per year with an allowance of $600,000 for additional as -needed services; and
c) Authorize the Mayor and City Clerk to execute the agreement.
18. Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation (221114) — Approval
of Professional §ervices Agreement with Stantec Consulting Services, Inc., Contract
No. 8728-1 [38/100-20211
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 Professional Services Agreement with Stantec Consulting Services, Inc., of Irvine,
California, for the Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation project
at a not -to -exceed price of $396,214, and authorize the Mayor and City Clerk to execute the
Agreement.
19. Final Tract Map No. 18121 for a Residential Condominium Development Located at
1501 Mesa Drive and 20462 Santa Ana Avenue (C-8809-1) [38/100-20211
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) Review and approve the Subdivision Agreement for Final Tract Map No. 18121 pursuant to
Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the
Subdivision Agreement;
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c) Review and approve the required construction securities for the Final Tract No. 18121 pursuant
to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute
and release the securities; and
d) Review and approve the Final Tract Map No. 18121 located at 1501 Mesa Drive and 20462 Santa
Ana Avenue pursuant to Section 19.60.010 of the Municipal Code.
Council Member O'Neill recused himself from Item 19 due to the potential appearance of
a bias.
Mayor Pro Tem Muldoon voted "no" to Item 19.
20. Tentative Agreement with Newport Beach Police Association (NBPA) (C-2056) [38/100-
2021]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Receive and consider the Tentative Agreement between the City of Newport Beach and the
Newport Beach Police Association.
21. Tentative Agreement with Newport Beach Firefighters Association (NBFA) (C-2060)
[38/100-2021] _
a) Determine this action is exempt from the Ca6forn a Eiviranmental 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 and consider the Tentative Agreement between the City of Newport Beach and the
Newport Beach Firefighters Associat'
MISCELLANEOUS
22. Planning Commission Actio ort for the November 18, 2021 Meeting [100-2021]
Receive and file.
23. Budget Amendment to A for Government Relations Consulting Services
[100-2021] �
a) Determine tha� the actin i mpt from the California Environmental Quality Act (CEQA)
pursuant to §§15060(c)(2) an 60(c)(3) of the CEQA Guidelines because it will not result in
a physical change to the environment, directly or indirectly; and
b) Approve Budged Amendment No. 22-029 in the amount of $50,000 and appropriate to the City
Council's Professional Services budget to fund government relations consultant services for
matters related to group residential uses.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member O'Neill, to approve the
Consent Calendar; and noting the recusals by Council Member O'Neill to Items 4 and 19, the recusal by
Council Member Blom to Item 11, the recusal by Mayor Pro Tem Muldoon to Item 14, the "no" vote by
Mayor Pro Tem Muldoon to Item 19, and the amendments to Item 1.
The motion carried unanimously.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Susan Skinner discussed alcohol consumption while working and requested that Council prohibit the
consumption of wine at Council meetings.
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Jennifer Irani took issue with Council Member Blom's consumption of wine during a City Council
meeting and discouraged consumption while working.
Lynn Swain took issue with Council Member Blom's explanation of the situation, stated he owes the
voters and his fellow Council Members respect, discussed past incidents involving Council Member Blom
that displayed his character related to not paying child support, judgments related to not paying his
vendors, a dispute with his neighbor about his dog, and how he handled losing on "Top Chef," and asked
that the remaining Council Members teach him manners and how to show respect.
Erin Barry discussed Smart Coast California, their interest in engaging with the City, the number of
stakeholders, collaborative stewardship of the coast, their dedication to sustainability, private property
rights, and environment, the solutions to sea level rise, and State nuances.
Don Schmitz, consultant for Smart Coast California, utilized a presentation to introduce the Smart
Coast California 2021 Board of Directors, sea -level rise projections, sea level rise threats to existing
development, Smart Coast California's top policies, managed retreat, and options to construct 0.9 miles
of artificial reef to protect the beaches and development along one -mile of coastline, expand bulkheads
and seawalls, and shoreline protection exception areas.
XVII. PUBLIC HEARINGS
24. Resolution No. 2021-126: Central Library Lecture Hall Building - Approval of Conceptual
Design and Associated Memorandum of Understandig with the Newport Beach Public
Library Foundation (C-7444-4) [38/100-2021] 4 If
Council Member O'Neill clarified that policiet-enacted by the Board of Library Trustees cannot be
changed by the City Council and noted an amendment to the resolution to make the City a first -use
priority.
lqqw
Mayor Avery opened the public he+ring.
Jim Mosher expressed his confusion about t pacts from Section M and questioned the Council's
intention about the cost-shavri4g terms.'
Mayor Avery note the st ng relationship between the City and the Newport Public Library
Foundation, an the benefits of the11cture hall.
Council Membe on commended and congratulated the committee, staff, community, Board of
Library Trustees, and Library Foundation for their contributions and support of this project.
Hearing no further Atimony, Mayor Avery closed the public hearing.
Motion by Council Member Dixon, seconded by Mayor Avery, to a) find this project exempt
from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1 -
Existing Facilities) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of the
California Code of Regulations, Title 14, Division 6, Chapter 3 and CEQA Guidelines, because this
project has no potential to have a significant effect on the environment; b) adopt Resolution
No. 2021-126, A Resolution of the City Council of the City of Newport Beach, California, Exempting
the Library Lecture Hall Project from Development Standards in Accordance with Section 20.10.040
(Applicability of Zoning Code) of the Newport Beach Municipal Code (PA2019-123); c) approve the
Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach
Public Library Foundation (NBPLF) related to fundraising for the Central Library Lecture Hall
Building; d) approve the Conceptual Design and total project cost estimate; and e) direct staff to
proceed with preparing and completing final Library Lecture Hall building construction documents
and obtaining bids for construction.
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With Mayor Pro Tem Muldoon voting "no," the motion carried 6-1.
25. Ordinance No. 2021-27: A Code Amendment Related to Tattoo Establishments (PA2020-
030) [100-20211
Community Development Director Jurjis and Senior Planner Schneider utilized a presentation to
review the background of the ordinance, proposed amendments, location requirements, operation
standards, maps of current zoning and proposed regulations, and existing tattoo establishments.
Mayor Avery opened the public hearing.
Jim Mosher believed the ordinance is restrictive, makes current establishments illegal, and prompts
the need for an operating waiver, and questioned the amendment's success.
Hearing no further testimony, Mayor Avery closed the public hearing.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Duffield, to a) find this
project categorically exempt from the California EnvironmentSQuality Act ("CEQA') pursuant to
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential
for causing a significant effect on the environment and pursuant to Section 15265(a)(1), which
exempts local governments from the requirements of CEQA in connection with the adoption of a
Local Coastal Program; b) waive full reading, directAhe City Clerk to read by title only, introduce
Ordinance No. 2021-27, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting Zoning Code Amendment No. CA2020-1 to Amend Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code Related to Tattoo Establishment Development Standards (PA2020-
030), and pass to second reading on December 14, 2021; and c) adopt Resolution No. 2021-127, A
Resolution of the City Council of the City of Newport Beach California, to Authorize Submittal of
Local Coastal Program Amendment No. LC2020-002 to the W lifornia Coastal Commission to Amend
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related
to the Tattoo Establishment Deg ent Standards (PA2020-030).
The motion carried unanimous I
26. Ordinance No. 20 1-25 A Code Amendment Related to Short -Term Lodging Citywide and
on Newport Isla (PA2020-048 and PA2020-326) [100-20211
Community Development Director Jurjis and Principal Planner Murillo utilized a presentation to
discuss Short-TernNLodging (STL) Local Coastal Program (LCP) amendments, background of STL
ordinances, Citywide and Newport Island LCPs, and suggested modifications from the California
Coastal Commission.
In response to Council Member Dixon's questions, Principal Planner Murillo shared that
1,581 permits were issued as of today, no additional permits will be allowed afterward the January
13, 2022 deadline, and waitlist requests will be filled through attrition.
Council Member Brenner highlighted that Council approved the three -night minimum for the entire
City which was lowered by the California Coastal Commission (CCC).
Mayor Avery opened the public hearing.
In response to an unidentified speaker's question, Principal Planner Murillo clarified the permit cap
and how the waitlist will be used.
Mark Marcos shared his encouragement with the CCC's majority vote and their acknowledgment of
the City's uniqueness and existing STL challenges, and requested that Council approve the
amendment.
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In response to Jennifer Irani's questions, Principal Planner Murillo explained that occupancy limits
are based on Fire Code regulations and persons per bedroom.
Jim Miller noted disruptions and noise complaints that started due to having STLs on Newport
Island, discussed Newport Island's uniqueness, and expressed gratitude to the staff, Council, and
CCC for the STL amendment.
Luis Hernandez challenged the fairness of the permit selection and distribution process for Newport
Island. City Attorney Harp noted that he intends to speak with Mr. Hernandez after the meeting to
clarify and minimize confusion about the process.
An unidentified speaker indicated continuous problems with STLs near his residence on Newport
Island, conversations with Council Members Brenner and Dixon about potential solutions, limited
capabilities of compliance officers, and the burden to area residents.
Mike Ivey supported STLs and close evaluation of the amendment by Council, and expressed
concern with banning STLs, the misbehavior of residents, and the inequality of fines.
Jim Mosher shared his interpretation of NBMC Title 21
changes to any conditions by Council will have to be revi
coastal zone and consistency with the California Coastal
Gary Cruz expressed his gratitude for the collaboration a
petition results and reasons for having owner -occupied an(
Island.
;he opinion that future
.ue to the impact on the
and voters, and shared
. properties on Newport
Scott McFetters thanked staff and Council for their timd energy, and for making the City a
better place for the residents, neighborhoo-s, and local butte sses.
Hearing no further testimony, Ma. or Avery closed the public hearing.
Council Member Dixon commented o he role the Council to represent the residents and CCC's
concern for the population decrease with tfieIc ange in residential status from permanent residency
to STLs. She commended the City for its ability to balance housing accommodations for visitors and
residents.
Council MemO'Neill not9d his previous vote, but announced he will be supporting this
amendment; hoWe r suggested that revisions may be needed to mitigate the harm caused b the
gg Y g Y
owner -occupied req
In response to Coun ember Brenner's questions, Community Development Director Jurjis
clarified STL-related parking violations and non-STL related violations.
Motion by Council Member Dixon, seconded by Council Member Duffield, to a) find the
action statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act
Section 15265(a)(1), which exempts local governments from the requirements of preparing an
environmental impact report or otherwise complying with CEQA in connection with the adoption of
LCP Amendments; and b) waive full reading, direct the City Clerk to read by title only, introduce
Ordinance No. 2021-28, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Chapter 5.95 (Short Term Lodging Permit) and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code Relating to Short Term Lodging, and
Adopting Local Coastal Program Amendment No. LC2020-007 Related to Short Term Lodging and
Local Coastal Program Amendment No. LC2020-008 Related to Short Term Lodging on Newport
Island (PA2020-048 and PA2020-326), and pass to second reading on December 14, 2021.
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Council Member Duffield noted the parking challenges on Newport Island and the opportunities
provided by this amendment to make the area more palatable and livable.
Mayor Avery concurred with Council Member O'Neill regarding needing to revise the owner -
occupied requirement and shared his experience living next to a disruptive neighbor.
With Mayor Pro Tem Muldoon and Council Member Blom voting "no," the motion carried
5-2.
XVIII. CURRENT BUSINESS
27. Appointment to Fill the Unscheduled Vacancy on the Civil Service Board [241100-2021]
City Clerk Brown read the ballot votes as follows:
Brian Moore - Mayor Avery, Council Member Blom, Council Member Brenner, Council Member
Dixon, Council Member Duffield, Mayor Pro Tem Muldoon, Council Member O'Neill
City Clerk Brown announced that Brian Moore was
that expires on June 30, 2024.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 9:18 p.m.
the Civil Service Board for a term
It
The agenda was posted on the City's website and on t ity Hall electronic bulletin board
located in the entrance of the City Council ChanWs at 100 Civic Center Drive on
November 24, 2021, at 4:00 p.m.
Leilani I. Brown
City Clerk
Brad Avery
Mayor
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