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HomeMy WebLinkAbout10/12/2021 - Study Session / Regular MeetingCITY OF NEWPORT BEACH City Council Meeting Minutes Study Session and Regular Meeting October 12, 2021 I. ROLL CALL - 4:00 p.m. 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. Discussion on the Current Condition and Potential Rehabilitation of McFadden Plaza, Newport Pier and Ocean Front Parking Lot Areas Public Works Director Webb and Deputy Public Works Director Houlihan utilized a presentation to discuss background, area maps and photos of public elements, items for consideration, and estimated costs. Council Member Blom noted that the area around McFadden Plaza is an amazing asset and has a multitude of issues, the City spends a lot of money to bring people to the area, the pier and vacant restaurant do not suit the City, and design changes can help address the issues. Council Member Dixon recalled that many Councils have discussed creating a master plan for the area, indicated these projects need to be done and identified in the capital planning process, the restaurant on the pier has been frustrating, there are many ways to look at enhancing the visitor and resident experiences and public access, creating something dramatically different will be a challenge because parking is an issue, and the State has some interesting investments with public amenities at the Huntington State Beach. Public Works Director Webb related that staff has looked at parking, no more surface parking can be added without covering sand, parking structures would be expensive, pier piles need to be replaced to support a new restaurant, the pier does not comply with current height requirements, and replacement of the Lifeguard Headquarters could be reduced to fund the construction of a restaurant. In response to Council Member Dixon's questions, Public Works Director Webb reported that a future project to replace the pier would include a recommendation to raise it above the swell zone, there could be some federal funding for a new pier, the pier is used for recreation and individual fishing, fishing conflicted with the restaurant, Huntington Beach replaced its wooden pier with a concrete pier in 1984, a new pier should be all wood or all concrete, and rebuilding the end of the pier and subsequently replacing the remainder is not recommended. Council Member Dixon supported demolishing the end of the pier. Council Member Duffield stated this area is Newport Beach and where the City started, Councils have tried to do something with the restaurant and it needs to be replaced, the Dory Fishing Fleet is iconic to the area, permittees of the Dory Fishing Fleet are one of the major stumbling blocks to redeveloping the area, and people would come to a pier for its great amenities. He indicated his support for discussing each of the items. Council Member Blom appreciated Council Members' enthusiasm, believed most people wanted to look at the next stage to design it all, the top element is probably untouchable from a cost perspective. and Council could form subgroups to present design options to Council and bid out the options. In response to Council Member Blom's question. Public Works Director Webb Volume 65 - Page 154 City of Newport Beach City Council Meeting October 12, 2021 advised that Council could do that, but it may take a while because of the area's historical elements, and Council could decide the shape and location of the pier and the location of the restaurant, and seek public input, especially about parking. Council Member O'Neill indicated that design of the Lifeguard Headquarters replacement is planned for 2038. In response to his question, Public Works Director Webb advised that this is an opportunity to discuss the Lifeguard Headquarters replacement, the building can last a little longer with another rehabilitation project in ten years, the building is oversized and takes a lot of maintenance, and reducing the Lifeguard Headquarters would not cause a loss in value. Council Member O'Neill related that the City probably has money for the smaller projects and expressed support for redesigning McFadden Plaza and redesigning the parking lots. He indicated his support for moving this forward and noted some big projects are coming in the near future. In response to Mayor Pro Tem Muldoon's question, staff stated the pier was rebuilt around 1939- 1940 after a storm mostly destroyed it, the restaurant has been rebuilt a couple of times, and the pier has been added to since 1940. Mayor Pro Tem Muldoon liked the look and feel of the Dory Fishing Fleet, thought McFadden Plaza could use some revamping, preferred a wood look for the pier, and generally supported the direction of the proposal. In response to Council Member Brenner's question, Public Works Director Webb reported the cost for a boardwalk from 15th Street to 361h Street is approximately $2 million. Council Member Brenner advised that a boardwalk is one of her top priorities because of liability issues and residents' requests, but Council would have to break that into manageable pieces and consider priorities. Public Works Director Webb suggested projects could be component -driven, noted Council has had differing opinions regarding a second trail, and Council could work on circulation through the area and transition to the next phase to alleviate residents' concerns, and indicated that the synergy between the plaza and pier could be the first steps. Council Member Dixon recalled that, during budget discussions, staff proposed having community engagement, and indicated a committee of more than just Council Members would probably be subject to the Brown Act, other cities have invested in their piers to increase vitality, this is an opportunity to envision what the area could be while preserving and protecting the historic and cultural significance of the area, and a previous Council went through this with the Dory Fishing Fleet and encountered legal constraints. In response to her question, Public Works Director Webb was unsure whether the Dory Fishing Fleet has a deed to the property, and envisioned the committee working with the California Coastal Commission to clear some bureaucratic hurdles. Council Member Dixon supported looking at the area holistically through a master plan format, forming a citizens committee, and exploring options. Mayor Avery concurred with virtually all of Council's comments and a master plan process to draft a design, and indicated incorporating the bicycle path sooner rather than later would be good, the scale of a new pier should fit the area, the different uses on the pier should be separate, and there should be maximum usage and options for the pier. In response to City Manager Leung's question, Public Works Director Webb related that Council budgeted $350,000 to look at splitting the trails and increasing circulation in the parking lots, Council may want to use the funds to start this project and hire consultants, adding the pier is not too far off topic, and staff can bring back some ideas for budgeting and the project. There was a unanimous straw vote to demolish the restaurant building at the end of Newport Pier and make the pier safer. George Lesley indicated the restaurants in the area are always busy, the parking lots are full, people are going to the area, revamping the whole area is a bad idea since is already popular, and the bike path should have top priority. Volume 65 - Page 155 City of Newport Beach City Council Meeting October 12, 2021 Denys Oberman remarked that there has been a demonstrated proof of concept for the area, residents and visitors use the area for recreation and dining, surface parking lots could be converted to two-story structures in areas close to the street, and the area could be pedestrian - intensive. She encouraged Council to create a vision and expand on what has proven to be successful. SS3. Discussion on Potential Exclusive Commercial Solid Waste Collection and Recycling Franchise Areas within the City Public Works Director Webb and Deputy Public Works Director Martin utilized a presentation to provide background, refuse service hauler maps, photos, and exclusive commercial franchise zones. Council Member Brenner reported residents have expressed concerns about their safety due to haulers backing out of alleys. In response to her question, staff advised that businesses also have three waste streams, different haulers may service the waste streams for one business, and a lot of trucks are moving through the alleys daily. Council Member Brenner shared one business' experience of a hauler not responding to complaints, expressed concern regarding the effects of new residential and commercial development in Newport Heights, wanted to start the process now, and noted that haulers could compete for contracts in different areas in the City. In response to Council Member Dixon's questions, staff related that other cities also have open commercial franchises, the system is challenging in Newport Beach due to space constraints in many areas, the City may be divided into areas with different contract timeframes for each area, and the County is divided into zones with one contract hauler in each zone. Council Member Blom, from a merchant perspective, expressed concern regarding a board deciding on a single entity to provide a service, indicated that a customer can demand better service when there is a multitude of service providers, questioned whether a sole provider stopping at every business on a route twice a day reduced the number of trucks, understood the desire was to find a better alternative, and suggested Council seek businesses' input regarding a select few haulers. Dennis Baker shared his experiences with haulers servicing restaurants near his home, his frustration with staff not making him aware that Council action was needed for exclusive commercial franchise zones, and took issue with Council Member Blom's comments. Laura Curran thanked the City Council and staff for responding to the oil spill and asked Council to consider characteristics of a business that define it as commercial or residential as it relates to trash pickup. In response to George Lesley's question, City Attorney Harp reported the City is legally required to give a five-year notice to convert from a non-exclusive system to an exclusive system. Council Member Brenner noted that this issue has been one of her priorities from the beginning of her tenure on Council, she would have initiated this process three years ago if she had been aware of the notice requirement, residents are overwhelmed by the number of delivery and trash trucks serving businesses, Council Members should not pit residents and businesses against each other, Council is attempting to coordinate trash pickup, and the proposal for districts will benefit everybody. Mayor Pro Tem Muldoon supported Council Member Blom's comments regarding competition and did not support an exclusive agreement for any contractor. Volume 65 - Page 156 City of Newport Beach City Council Meeting October 12, 2021 Council Member Dixon related that her experience with waste haulers in her neighborhood is overwhelming and heavy-duty waste haulers are tearing up roadways and advocated for competition. In response to Council Member Dixon's questions, Deputy Public Works Director Martin indicated that Tier 1 haulers handle commercial accounts, construction and demolition is a commercial enterprise, Tier 1 permanent commercial haulers handle trash, recyclables, and organics generated by a business, five of the 23 haulers handle Tier 1 permanent commercial accounts, the remaining haulers handle construction and demolition accounts, an exclusive system concerns collection efficiency, the amount of trash will not change, an exclusive system consolidates service and provides the hauler with an opportunity to increase its business, and staff can analyze an exclusive system to determine how it will affect haulers' business. Council Member Dixon did not want to make a decision based on the assumption that Council is reducing competition if the assumption is false. In response to Mayor Avery's question, Deputy Public Works Director Martin indicated an exclusive system limits the number of haulers to one per district. Council Member Duffield concurred with Council Member Blom's and Mayor Pro Tem Muldoon's concept. Council Member O'Neill stated staff is not able to perform a competitive analysis because one hauler could win contracts for multiple districts, only one of the five Tier 1 haulers will win the contract for a district in an exclusive system, and haulers will lobby Council Members intensively rather than sending salespeople to businesses. Council Member Blom noted that businesses pay a base fee, as well as charges for overages, special pickups, and additional items, which is akin to the cost of general service, competition spurs new companies, new ideas, efficiency, and better service, business owners invest in the City to make it better, haulers are more likely to respond to positive public comments than to mandates, and businesses will do what is better for the community most of the time. Council Member Brenner jokingly moved to allow residents to contract for their own trash collection in order to obtain the best price. In response to her question, City Attorney Harp advised that providing notice does not require Council to exercise the notice. Council Member Brenner stated this issue impacts all residents, this vote pertains to citizens' quality of life, and the number of trash trucks on City streets impacts everybody. In response to Council Member Dixon's question, staff reported recently updated commercial franchise agreements require collision avoidance systems and upkeep of trucks and provide the City with some control over the quality of service being provided, competition decreases as restrictions become more stringent, reducing the number of trucks on the road is a profit issue for haulers, and staff can explore restrictions on lease agreements between haulers and residents. Council Member Dixon expressed reluctance to forego an opportunity to make streets safer and less congested, and make residents happy without a detailed analysis. She suggested that staff perform a comparative analysis to determine if this can be done without sacrificing competition while serving businesses and protecting residents' quality of life. In response to Council Member Brenner's question, Public Works Director Webb indicated that providing the legal notice gives Council options, whether or not Council exercises them, Council may be able to provide a Citywide notice and subsequently convert to an exclusive system for one area of the City, staff could hire a consultant to perform the analysis, but bids may be needed for the analysis; however, haulers have no reason to respond to a bid request without the five- year notice. Mayor Pro Tem Muldoon noted that he did not oppose the exploration of alternatives. In response to Council Member Dixon's question, Public Works Director Webb proposed staff talk with haulers to get some ideas and stated that businesses on a block may be able to band together and obtain a bid for service for all of them. Volume 65 - Page 157 City of Newport Beach City Council Meeting October 12, 2021 Council Member Duffield discussed the fuel efficiency of trash trucks, the price of diesel fuel, and the benefits of electric trash trucks. George Lesley noted the chaos caused by multiple trash trucks on the streets and commended Council Members Dixon and Brenner for their good ideas. Laura Curran suggested Council read the five-year notice requirement to be fully informed. In response to Council Member Brenner's question, City Attorney Harp clarified that straw votes are taken to comply with the Brown Act and to provide staff with specific direction regarding what will return to Council. Council Member Dixon supported providing direction to staff for further analysis and additional options and expressed the opinion that Council Members do not have sufficient information to make a decision. Council Member Brenner concurred with conducting future studies and stated that the public needs to know who is willing to push the item forward. Mayor Pro Tem Muldoon liked staff's proposal to explore options with the haulers, opposed the five-year notice and the formation of hauler districts, and understood that staff intends to return to Council with options. Council Member Brenner expressed concern about transparency for the public and dismay with Council Members putting their ideology above citizens' quality of life. Mayor Pro Tem Muldoon supported creative solutions that did not eliminate competition. Mayor Avery reiterated that staff will meet with haulers to explore options. III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS Jim Mosher discussed a notice he received regarding a mandatory recycling program, questioned Council approval of a new or modified contract requiring residents to participate in a recycling program, and took issue with the lack of information regarding the recycling program on CR&R's website and the City's website. Dennis Baker commented regarding efforts to get the City to sign a letter opposing offshore drilling for oil and expressed the opinion that this reflects the City's position on what comes first. 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 recused themselves on Closed Session Item IV.0 due to potential financial interest conflicts. IV. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace K. Leung, 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 Firefighters Association (NBFA), and Newport Beach Employees League (NBEL). Volume 65 - Page 158 City of Newport Beach City Council Meeting October 12, 2021 B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 3 matters Agency Designated Representative (s): Brad Avery, Mayor; and Kevin Muldoon, Mayor Pro Tem Unrepresented Employees: Grace K. Leung, City Manager; Aaron C. Harp, City Attorney; and Leilam I. Brown, City Clerk V. RECESSED — 5:53 p.m. VI. RECONVENED AT 7:00 P.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 City Attorney Harp announced that no reportable actions were taken. IX. INVOCATION - Reverend James Pike, Lutheran Church of the Resurrection, Huntington Beach X. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Muldoon XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Brenner: • Reported on the October 11, 2021 community meeting regarding sober living homes, group homes, and State -licensed residential care facilities • Attended meetings with stakeholders regarding Short Term Lodging (STL) ordinances, which are scheduled for the California Coastal Commission on October 13, 2021 • Appreciated Mayor Avery's and Community Development Director Jurjis' report at the Economic Forecast luncheon • Announced a Call for Review will be placed on the November 16, 2021 agenda to review the Planning Commission's approval of the 76 Gas Station project • Utilized slides to highlight the oil spill cleanup, viewing the oil spill from a cargo plane, and the Corona del Mar 5K run Council Member O'Neill: • Thanked the Newport Beach Fire Department and Fire Association for an excellent Fire Service Day • Announced a Finance Committee meeting on October 14, 2021 Council Member Dixon: • Attended the Economic Forecast luncheon. Southern California Association of Governments (SCAG) meeting, a SCAG committee meeting, a Regional Council meeting. Fire Service Day, and the Library Foundation donor event Volume 65 - Page 159 City of Newport Beach City Council Meeting October 12, 2021 Announced a California Coastal Commission meeting regarding the STL ordinance on October 13, 2021, and an Aviation Committee meeting on October 18, 2021 Utilized a slide to announce the Costa Mesa Bridge Shelter's restaurant donations Requested future agenda items regarding 1) the formation of an ad hoc committee to address safety in neighborhoods with residential care facilities and recommend changes to City, State, and Federal laws and 2) the addition of code enforcement resources to provide nighttime and weekend enforcement Council Member Blom: • Announced he observed the oil spill from a cargo plane and commended staff's coordination. of the cleanup • Attended a Water Quality/Coastal Tidelands Committee meeting Council Member Duffield: • Attended a Water Quality/Coastal Tidelands Committee meeting Mayor Pro Tem Muldoon: • Announced he observed the oil spill from a cargo plane Mayor Avery: • Described the collaboration of multiple agencies to handle the oil spill • Attended the 25th Annual Newport Beach Jazz Festival • Utilized a slide to highlight his observation of the oil spill from a Coast Guard cargo plane with Fire Chief Boyles • Attended the Orange County Sanitation District Board meeting XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consider taking all action necessary to call the June 7, 2022 Statewide Direct Primary Election or the November 8, 2022 General Municipal Election for the purpose of submitting proposed amendments to the Newport Beach City Charter to provide for the direct election of the Mayor, consistent with the initiative documents submitted to the City Clerk on Friday, September 3, 2021 [Blom] The City Council unanimously concurred to bring the item back at a future meeting. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher, addressing Items 3 and 4 (Ordinance Nos. 2021-19 and 2021-20: Zone Change and Development Agreement for a Residential Project at 150 Newport Center Drive (PA2020-020) and Ordinance No. 2021-21: Zone Change from Multiple Unit Residential to Private Institutions at 1499 Monrovia Avenue (PA2021-068)), discussed the purpose of two readings for an ordinance and expressed the opinion that the project in Item 3 violates the height limit. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the September 28, 2021 City Council Regular Meeting [100-20211 Waive reading of subject minutes, approve as amended, 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. Volume 65 - Page 160 City of Newport Beach City Council Meeting October 12, 2021 ORDINANCES FOR ADOPTION 3. Ordinance Nos. 2021-19 and 2021-20: Zone Change and Development Agreement for a Residential Project at 150 Newport Center Drive (PA2020-020) [381100-2021] a) Find that the Residences at Newport Center project Environmental Impact Report (EIR) No. ER2021-002 (SCH No. 2020110087) certified by the City Council on October 12, 2021, by Resolution No. 2021-90 was prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3; b) Conduct second reading and adopt Ordinance No. 2021-19, An Ordinance of the City Council of the City of Newport Beach, California, Approving Development Agreement No. DA2020-001 (C-8217-2) for the Residences at Newport Center Located at 150 Newport Center Drive (PA2020- 020); and c) Conduct second reading and adopt Ordinance No. 2021-20, An Ordinance of the City Council of the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2020-008 and Planned Community Development Plan No. PC2020-001 Establishing the Residences at Newport Center Located at 150 Newport Center Drive (PA2020-020). 4. Ordinance No. 2021-21: Zone Change from Multiple Unit Residential to Private Institutions at 1499 Monrovia Avenue (PA2021-068) [100-2021] a) Find this action proposed herein is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) 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; and b) Conduct second reading and adopt Ordinance No. 2021-21, An Ordinance of the City Council of the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2021-003 to Change the Zoning Code Designation from RM 242013100 (Multiple Residential) to PI 0.49 FAR (Private Institutions) for the Property Located at 1499 Monrovia Avenue (PA2021-068). RESOLUTIONS FOR ADOPTION 5. Resolution No. 2021-95: Request for Petition Certification and Funding for Expanding Underground Assessment District No. 120-2 (Santa Ana Avenue and Cliff Drive Area) [891100-2021] a) Find this project exempt from the California Environmental Quality Act (CEQA) 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. 2021-95, A Resolution of the City Council of the City of Newport Beach, California, Accepting the Petition for the Formation of Underground Utility Assessment District No. 120-2; and c) Approve Budget Amendment No. 22-017 authorizing an advance from the General Fund in the amount of $37,500 and appropriating said amount to Account No. 66902-941006 (AD -120 Assessment Engineering). Funds remaining in any fiscal year will be carried forward to future annual budgets per Council Policy F-3. Mayor Pro Tem Muldoon recused himself on Item 5 due to potential business interest conflicts. 6. Resolution No. 2021-96: Authorizing the Public Works Director, City Engineer or Designees to Execute Right -of -Way Certifications [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) Adopt Resolution No. 2021-96, A Resolution of the City Council of the City Newport Beach, California, Authorizing the Public Works Director, City Engineer, and Their Designees to Execute Right -of -Way Certifications. Volume 65 - Page 161 City of Newport Beach City Council Meeting October 12, 2021 CONTRACTS AND AGREEMENTS 7. Underground Utility Assessment District No. 116, 116B and Underground Utilities District No. 22 Phase I - Notice of Completion for Contract No. 7572-1 (19A11) [381100- 2021] 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. Mayor Pro Tem Muldoon recused himself on Item 7 due to potential business interest conflicts. 8. Police Station Locker Room Remodel - Notice of Completion for Contract No. 7872-1 (21F12) [381100-2021] 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. 9. Civic Center Park Pathway Replacement - Notice of Completion for Contract No. 7879-1 (21P12) [381100-2021] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 10. Approval of Professional Services Agreement with Coastal Frontiers for Oceanfront Sand Monitoring Program (22H04) (C-8274-2) [381100-2021] 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) Approve a Professional Services Agreement with Coastal Frontiers for Annual Oceanfront Sand Monitoring at a total not -to -exceed price of $147,589, and authorize the Mayor and City Clerk to execute the Agreement. 11. Approval of Amendment No. 3 to Maintenance and Repair Services Agreement with GCI Construction Inc. for On -Call Beach Maintenance Services (C-8501-1) [381100-2021] 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 Amendment No. 3 to the Maintenance and Repair Services Agreement with GCI Construction Inc. (C-8501-1) to add $500,000 to the current contract for a total not -to -exceed amount of $1,225,000; c) Authorize the Mayor and City Clerk to execute the amendment; and d) Approve Budget Amendment No. 22-016 appropriating $350,000 in increased expenditures in Account No. 10001-980000-22H04 (Beach and Bay Sand Management) from the unappropriated Tidelands Maintenance fund balance. 12. Temporary Employment Agreement for a Senior Civil Engineer - Plan Check (C-8784-1) [381100-2021] 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 Volume 65 - Page 162 City of Newport Beach City Council Meeting October 12, 2021 b) Authorize the Mayor and Community Development Director to execute the Temporary Employment Agreement with Soon Cho to temporarily fill the position of a Senior Civil Engineer — Plan Check. Mayor Pro Tem Muldoon voted "no" on Item 12. MISCELLANEOUS 13. Planning Commission Agenda for the October 7, 2021 Meeting [100-2021] Receive and file. 14 Annual Review of Visit Newport Beach Audited Financial Statements and Expenditure Report [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) Receive and file. Motion by Mayor Pro Tem Muldoon, seconded by Council Member Dixon, to approve the Consent Calendar; and noting the recusal by Mayor Pro Tem Muldoon to Items 5 and 7, the "no" vote by Mayor Pro Tem Muldoon to Item 12, and the amendments to Item 1. The motion carried unanimously. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Nancy Gardner noted the wide variety of people who oppose the direct election of the Mayor, expressed concern that other issues will become collateral damage from this fight, and requested the current system remain in place. Grant Bixby, Business Alliance for Protecting the Pacific Coast (BAPPC), advocated for Council's adoption of a resolution opposing offshore oil and gas drilling, stating that the Federal government opened outer waters for new offshore oil exploration and drilling leases and leases are approved if there is no formal opposition. Charles Klobe expressed the opinion that the direct election of the Mayor is a -consolidation of power, will preclude future Council Members from serving as Mayor, and could have drastic impacts. Nancy Skinner concurred with Ms. Gardner's comments, expressed the opinion that a ballot measure would generate a great deal of animosity in the community, and found no reason to change the current system. Cynthia Halloran discussed the history of the 76 Gas Station project, the lack of notice of the public hearing to residents, the variances being requested, and residents' concerns. She requested Council call the item for review. Denys Oberman indicated that the direct election of the Mayor could be beneficial, but represents a foundational shift in the City's leadership and should be subject to rigorous vetting. Lynn Swain took issue that Council Member O'Neill would not be required to obtain the necessary 9,000 signatures in support of the proposed ballot measure for the direct election of the Mayor if Council brings the item forward. She urged Council to follow the established procedure for ballot measures. Michelle Giron, Surfrider Foundation, supported BAPPC's proposal regarding offshore drilling, noted impacts of an oil spill on coastal economies, and urged Council to consider opposing offshore drilling. Volume 65 - Page 163 City of Newport Beach City Council Meeting October 12, 2021 Jax Richards requested Council oppose offshore drilling and adopt a position that supports clean energy. Marilyn Brewer advised that Newport Beach was built on representative government, expressed the opinion that the direct election of the Mayor does not serve the people, Council needs to understand the costs of having an elected Mayor, and suggested this is a bad solution to a non-existent problem. Susan Skinner discussed a 1992 ballot measure to create term limits, expressed concern that the proposed initiative eliminates term limits for the Mayor, and expressed support for term limits. Erica Keane thanked Council Members and staff for holding the community meeting concerning residential care facilities, provided information, expressed concerns regarding the facility proposed for 2555 Vista Baya, and suggested that the City conduct a workshop for the community to discuss potential ordinances. Scott Richards stated the City needs to protect its waters and beaches, many people have been affected by the oil spill, and Council should support a ban on offshore drilling. XVIII. PUBLIC HEARINGS 15. Ordinance No. 2021-22: Zoning Code Amendment Related to Setback Map Corrections (PA2020-006) [100-20211 Community Development Director Jurjis reported that the amendments clean up the setback map Mayor Avery opened the public hearing. There being no testimony, Mayor Avery closed the public hearing. Motion by Council Member O'Neill, seconded by Mayor Pro Tem Muldoon, to a) find this amendment statutorily 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 a have a significant effect on the environment; b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-22, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2020-001 to Amend Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Correcting Setback Map Errors (PA2020-006), and pass to second reading on October 26, 2021; and c) adopt Resolution No. 2021-97, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-001 to the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Correcting Setback Map Errors (PA2020-006). The motion carried unanimously. 16. Resolution No. 2021-98: Notice of Intent to Override the Orange County Airport Land Use Commission's Determination of Inconsistency to the Draft Housing Element Update (PA2017-141) [100-20211 Mayor Avery opened the public hearing. There being no testimony, Mayor Avery closed the public hearing. Motion by Council Member O'Neill, seconded by Mayor Pro Tem Muldoon, to a) find this project is not subject to 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 because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) adopt Resolution No. 2021-98, A Resolution of the City Council of the City of Newport Beach, California, Volume 65 - Page 164 City of Newport Beach City Council Meeting October 12, 2021 Notifying the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's Intention to Find the General Plan Housing Element Update is Consistent with the Purposes of the State Aeronautics Act and Overrule the Orange County Airport Land Use Commission's Determination that the Housing Element Update is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2017-141). The motion carried unanimously. XIX. CURRENT BUSINESS 17. Resolution No. 2021-99: Ratifying the October 5, 2021 Proclamation of Local Emergency [100-2021] City Manager Leung reported that she signed a Proclamation of Local Emergency on October 5, 2021, so that the City can be reimbursed for costs resulting from the City's emergency response to the oil spill and can procure resources in a timely fashion. Council Member O'Neill referred the public to City Charter Section 1401 regarding the City's ban on offshore drilling within the incorporated area of the City. Motion by Council Member Dixon, seconded by Mayor Pro Tem Muldoon, to 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. 2021-99, A Resolution of the City Council of the City of Newport Beach, California, (i) Ratifying the Proclamation of a Local Emergency Issued on October 5, 2021, by City Manager Grace Leung, the Director of Emergency Services of the City of Newport Beach, and (ii) Approving and Authorizing Certain Actions Relating Thereto. The motion carried unanimously. XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - Adjourned at 8:11 p.m. in memory of Judy Franco The agenda and amended agenda were posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on October 7, 2021 at 4:00 p.m. and 4:15 p.m., respectively. I Leilani I. Brown U City Clerk n R> NIPA Volume 65 - Page 165