HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
SEPTEMBER 14, 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 — 5:30 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
CAROL JACOBS, Assistant City Manager
SPECIAL NOTICE REGARDING TELEPHONE CONFERENCE BROWN ACT REQUIREMENTS
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 modified Brown Act
requirements for Council Members to attend City Council meetings telephonically. Please be advised that, some, or all,
of the Newport Beach City Council Members may attend this meeting telephonically.
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(o-)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
SEPTEMBER 14, 2021
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 5:30 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation Acknowledging Constitution Week
SS3. Check Presentation from the Friends of the Newport Beach Library
SS4. Inclusionary Housing Ordinance Overview and Considerations
Based on prior City Council direction, staff will present a summary of inclusionary housing
and its basic requirements, an overview of the City's former inclusionary housing ordinance,
other examples in Southern California, and what to consider when drafting an ordinance. An
inclusionary housing ordinance would set the minimum requirement for an applicant to
provide affordable housing units when proposing a residential project.
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, Carol Jacobs, Assistant
City Manager, Barbara Salvini, Human Resources Director, and Charles Sakai, Esq., Negotiators.
Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL), Newport
Beach Police Association (NBPA), Newport Beach Professional and Technical Employees
Association (NBPTEA), Newport Beach City Employees Association (NBCEA), and Newport
Beach Firefighters Association (NBFA).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
Michael Ramesh Haytasingh v. City of San Diego
Court of Appeal, Fourth Appellate District, Division One, Case No. D076228
Superior Court of San Diego County, Case No. 37 -2014 -00082437 -CU -PO -CTL
(The City Council will be meeting with legal counsel to discuss the City of San Diego's request
for amicus support related to the Court of Appeal's interpretation of the five (5) mile per hour
speed limit for vessels set forth in Harbor Code Section 655.2 (a).)
City Council Meeting
September 14, 2021
Page 2
V. RECESS
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Michael Mooslin, First Church of Christ, Scientist
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
Consider a discussion on the growing trend of fractional ownership of residential
property, addressing how they may impact residential neighborhoods and compliance
with the municipal code [Dixon and Brenner]
• Consider a discussion on whether the City should pursue the establishment of one, or
several exclusive commercial solid waste collections and recycling franchise areas such
as the Corona del Mar Business District, Balboa Island and/or Balboa Village Business
District [Brenner]
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— 23). 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.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the August 24, 2021 City Council Regular Meeting
Waive reading of subject minutes, approve as written, and order filed.
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September 14, 2021
Page 3
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by
title only.
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3. Ordinance No. 2021-16: Amending the LCP Implementation Plan Related to Residential
Design Standards Addressing Third Story Massing (PA2019-070)
a) Find this amendment exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3),
and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section
15061(b)(3) because it has no potential to have a significant effect on the environment; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
16, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
and Adopting Local Coastal Program Amendment No. LC2019-006 Related to Residential
Design Standards (PA2019-070), and pass to second reading on September 28, 2021.
4. Ordinance No. 2021-17: Amending the LCP Implementation Plan Related to Setback Maps
S -3A and S-313 on Lido Isle (PA2016-066)
a) Find this amendment exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15305 of the CEQA Guidelines, Class 5 (Minor Alterations in Land Use Limitations)
because it has no potential to have a significant impact on the environment; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
17, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
and Adopting Local Coastal Program Amendment No. LC2017-004 Related to Certain Front
Yard and Side Yard Setbacks on Lido Isle (PA2016-066), and pass to second reading on
September 28, 2021.
5. Ordinance No. 2021-18: Amending the LCP Implementation Plan and Coastal Land Use
Plan Related to the Amortization of Nonconforming Signs (PA2019-184)
a) Find this amendment exempt pursuant to California Environmental Quality Act ("CEQA")
Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has no potential to have
a significant effect on the environment and local governments are exempt from the
requirements of CEQA in connection with the adoption of a Local Coastal Program;
b) Adopt Resolution No. 2021-79, A Resolution of the City Council of the City of Newport Beach,
California, Amending Policy No. 4.4.4-4 of the Newport Beach Coastal Land Use Plan
Related to the Amortization of Nonconforming Signs (PA2019-184); and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
18, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal
Code Related to the Amortization of Nonconforming Signs (PA2019-184), and pass to
second reading on September 28, 2021.
ORDINANCE FOR ADOPTION
6. Ordinance No. 2021-15: Non -Exclusive Commercial Solid Waste Franchises
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. 2021-15, An Ordinance of the City Council
of the City of Newport Beach, California, Granting the 2020 Non -Exclusive Franchise
Agreement for Commercial Solid Waste and Divertible Materials Handling Services Within
the City of Newport Beach to the two so named companies.
City Council Meeting
September 14, 2021
Page 4
RESOLUTIONS FOR ADOPTION
7. Resolution No. 2021-74: Approving Revisions to City Council Policy H-1 Recommended
by the Harbor Commission
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. 2021-74, A Resolution of the City Council of the City of Newport Beach,
California, Amending and Renaming City Council Policy H-1, "The Harbor Permit Policy".
8. Resolution No. 2021-80: Authorizing the City Manager to Apply for the PLHA Grant and
Adopting the PLHA Plan for the Permanent Local Housing Allocation Program
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. 2021-80, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the City Manager to Apply for the PLHA Grant and Adopting the
Permanent Local Housing Allocation Program; and
c) Authorize the City Manager to execute the PLHA Program Application, the PLHA Standard
Agreement and any subsequent amendments as required by the State of California.
9. Resolution No. 2021-81: Creating a Management Fellow Position
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. 2021-81, A Resolution of the City Council of the City of Newport Beach,
California, Creating a Management Fellow Position and Establishing the Position
Classification and Salary Rate.
10. Resolution No. 2021-82: Supporting Gypsum Canyon Veterans' Cemetery
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. 2021-82, A Resolution of the City Council of the City of Newport Beach,
California, Supporting Gypsum Canyon Veterans' Cemetery.
11. Resolution No. 2021-83: Ford Road Overnight Parking Restrictions
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. 2021-83, A Resolution of the City Council of the City of Newport Beach,
California, Prohibiting Overnight Parking on Segments of Ford Road between Newport Hills
Drive West and the West End of Ford Road.
CONTRACTS AND AGREEMENTS
12. Concrete Replacement Program — Notice of Completion for Contract No. 7892-1 (Project
No. 21 R06)
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.
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September 14, 2021
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13. Grant Howald Park Rehabilitation — Notice of Completion for Contract No. 7476-2 (19P11)
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. Balboa Pier and Channel Place Park Restrooms Rehabilitation Project—Award of Contract
No. 8700-1
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301_Class 1(a) and (d) alterations involving partitions, plumbing and
conveyances; restoration of deteriorated or damaged facilities of the CEQA Guidelines,
because this project results in no expansion of an existing use;
b) Approve the project plans and specifications;
c) Award Contract No. 8700-1 to Allinone Construction, Inc. for the total bid price of $135,910,
and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency amount of $20,400 (approximately 15 percent) to cover the cost of
unforeseen work not included in the original contract.
15. Civic Center Chiller Maintenance and Repair — Amendment No. 1 to Maintenance and
Repair agreement with Envise Inc. (C-8674-1)
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. One to Maintenance and Repair Agreement with Envise Inc.
(C-8674-1) to add technical support of the HVAC systems to the scope of work and increase
the NTE by $117,189 for a total NTE amount of $267,189; and
c) Authorize the Mayor and City Clerk to execute the amendment.
16. Approval of Grant Agreement with Trellis International
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) Authorize the Public Works Director and City Clerk to execute a grant agreement with Trellis
International that provides City funding in the amount of $30,000 covering a one-year period.
17. Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement
Program Grant PT22042
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) Authorize the City Council to accept a $270,000 Selective Traffic Enforcement Program
(STEP) award granted to the NBPD by the OTS per City Council Policies F-3 and F-25. To
comply with City Council Policy F-3, the City Council must formally accept the award of
$270,000 and create a new appropriation to expend the funds; and
c) Approve Budget Amendment No. 22-008 increasing NBPD revenue estimates and
expenditure appropriations by $270,000.
18. Joint Agreement for the 800 MHz Countywide Coordinated Communications System
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
September 14, 2021
Page 6
b) Approve a new Joint Agreement for the Operation, Maintenance and Financial Management
of the Orange County 800 Megahertz Countywide Coordinated Communications System
(CCCS), and authorize the Mayor and City Clerk to execute the Agreement.
19. School Resource Officer Program Agreement
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 the agreement between the City of Newport Beach and NMUSD to participate in the
School Resource Officer Program, and authorize the Mayor to execute the Agreement on
behalf of the City of Newport Beach.
MISCELLANEOUS
20. Planning Commission Agenda for the September 9, 2021 Meeting
Receive and file.
21. City Hall and Limited Off -Site Facilities Holiday Closure from Friday, December 24, 2021
through Sunday, January 2, 2022
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 closing City Hall and providing limited services at off-site facilities from Friday,
December 24, 2021 through Sunday, January 2, 2022. All facilities would reopen on Monday,
January 3, 2022.
22. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library
and Appropriate Funds to the Library's Fiscal Year 2021-22 Maintenance and Operation
Budget
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Accept a check in the amount of $200,000 from the Friends of the Newport Beach Library
and approve Budget Amendment No. 22-004 to increase expenditures by the same amount
in Division 0106052 (Friends of the Library).
23. Budget Amendment to Accept a Check from the California State Library and Appropriate
Funds to the Library's Fiscal Year 2021-22 Maintenance and Operation Budget
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Accept a check in the amount of $12,000 from the California State Library and approve
Budget Amendment No. 22-006 to increase expenditures by the same amount in Division
0106053 (Designated Gifts).
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
September 14, 2021
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XVIII. PUBLIC HEARINGS
24. Community Development Block Grant Program Year 2020-21, Consolidated Annual
Performance and Evaluation Report
a) Hold a public hearing to receive comments on the Program Year 2020-21 CAPER;
b) Find this activity 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;
c) Approve the Program Year 2020-21 CAPER; and
d) Authorize the City Manager or her designee to submit the Program Year 2020-21 CAPER to
HUD.
25. Resolution No. 2021-84: An Additional Extension of Emergency Temporary Use Permits
(PA2020-069)
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 of the CEQA Guidelines under Class 1 (Existing Facilities), because this
project has no potential to have a significant effect on the environment; and
c) Adopt Resolution No. 2021-84, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing an Additional Extension of Emergency Temporary Use Permits Issued
to Commercial and Institutional Uses to Operate on Private Property, Parking Lots,
Sidewalks, and Public Property and Temporarily Waiving Council Policy L-21 (PA2020-069).
XIX. CURRENT BUSINESS
26. Resolution No. 2021-85: Lido Isle Community Association Request for Waiver of City
Council Policy L-6 and Associated Encroachment Permit Fees (Encroachment Permit
No. N2021-0425)
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) Waive City Council Policy L-6, Encroachments in the Public Rights -of -Way, to authorize that
the City Council rather than the Planning Commission be designated to grant or deny the
requested waiver of City Council Policy L-6;
c) Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to allow installation
of lighted garland and wreaths on each side of the Lido Isle bridge (with power provided from
a City outlet), contingent upon all conditions of the Encroachment Permit process being met;
d) Adopt Resolution No. 2021-85, A Resolution of the City Council of the City of Newport Beach,
California, Waiving City Council Policy L-6 (Encroachments in Public Rights -of -Way) and
Approving Encroachment Permit No. N2021-0425 to Install Seasonal Lighted Garland and
Wreaths on the Lido Isle Bridge; and
e) Accept Council Member Diane Dixon's payment of $1,000 for this permit fee from her City
Council discretionary funds, and consider the request by the HOA to waive the remaining
portion of the applicable encroachment permit related fees ($3,175.00) for Encroachment
Permit No. N2021-0425:
i. If it is desired to waive the remaining portion of the applicable encroachment permit fees,
direct staff to waive the remaining portion of the applicable encroachment permit related
fees ($3,175.00) for Encroachment Permit No. N2021-0425, OR
ii. If it is desired to deny the applicant's request to waive the remaining portion of the
applicable encroachment permit fees, direct the applicant to pay the remaining portion of
the applicable encroachment permit related fees ($3,175.00) for Encroachment Permit
No. N2021-0425.
City Council Meeting
September 14, 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 — In memory of Harry S. Rinker and George Engelke
Testimony given before the City Council is recorded.
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