HomeMy WebLinkAbout2021-85 - 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 BridgeRESOLUTION 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
WHEREAS, an application was filed by the Lido Isle Community Association
("Applicant") requesting approval of an encroachment permit with respect to the Lido Isle
Bridge ("Property");
WHEREAS, the Applicant requests annual installation of lighted garland and
wreaths on each side of the Property during the December holiday season
("Decorations");
WHEREAS, City Council Policy L-6 (Encroachments in Public Rights -of -Way)
("Council Policy L-6") prohibits lighting in the public right-of-way without a waiver of the
policy and approval of the encroachment permit;
WHEREAS, Council Policy L-6 explains and describes how the public rights-of-
way are to be reserved for public use or open space and that the rights of the public,
present and future, are not to be diminished by the installation of private improvements
within the public right-of-way;
WHEREAS, the Decorations do not diminish the public's right to use the Property
as the existing public sidewalk along both sides of the Lido Isle Bridge would remain
unobstructed and walkable by the public;
WHEREAS, the Decorations are not be a detriment to the health, safety, and
welfare of the public as they would be complementary to and enhance the area during
the December holiday season and annual boat parade; and
WHEREAS, the City Council held a public meeting on September 14, 2021, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the hearing was given in accordance with California Government
Code Section 54950 et seq. ("Ralph M. Brown Act") and City Council Policy L-6.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this hearing.
Resolution No. 2021-85
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council of Newport Beach hereby waives City Council
Policy L-6 (Encroachments in Public Rights -of -Way) and approves Encroachment Permit
No. N2021-0425, subject to the conditions of approval set forth in Exhibit "A," which is
attached hereto and incorporated herein by reference.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the adoption of this resolution 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.
Resolution No. 2021-85
Page 3 of 3
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 14th day of September 2021.
ATTEST:
Leilani I. Brown /
City Clerk U
APPROVED AS TO FORM: ®RrarP
CITY ATTORNEY'S OFFICE
Aa n C. Harp
City Attorney
Attachment(s): Exhibit A — Conditions of Approval
EXHIBIT "A"
CONDITIONS OF APPROVAL
PUBLIC WORKS DEPARTMENT
The Project shall be in substantial conformance with the approved plans and renderings
and dated with the date of this approval.
2. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The Owner shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for revocation of this
Encroachment Permit and any associated Encroachment Agreements.
4. The Owner shall enter into an Encroachment Agreement within one (1) calendar year
upon receipt of approval, otherwise this approval shall automatically expire.
5. The Owner shall remove all encroachments at no cost to the City if the need for public
improvements should arise in the future.
6. The Owner shall install decorations on an annual basis during the December holiday
season.
7. To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City's
approval of Lido Isle Community Association Encroachment including, but not limited to,
Encroachment Permit No. N2021-0425. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Owner, City, and/or the parties initiating or bringing such
proceeding. The Owner shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in
this condition. The Owner shall pay to the City upon demand any amount owed to the
City pursuant to the indemnification requirements prescribed in this condition.
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2021-85 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 14th day of September, 2021; and the same was so passed and adopted by
the following vote, to wit:
AYES: 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
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15th day of September, 2021.
4" �. Nx�==
Leilani I. Brown
City Clerk
Newport Beach, California