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HomeMy WebLinkAbout11/30/2021 - Study Session / Regular MeetingCITY OF NEWPORT BEACH 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 his future plans. SS3. Water Conservation Ordinance Update Utilities Director Vukojevic utilized a presentation to discuss the current drought situation, background, process to achieve water cutbacks, customer categories, policy discussions for prioritizing water use, the method for water allocation, 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 method, education and enforcement, drought stages, next steps, and questions to consider. In response to Council questions, Utilities Director Vukojevic confirmed that rebates are available for artificial turf replacement, shared information about the rebate programs and past educational marketing efforts, noted 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 challenges 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 effect on residents and companion agencies. 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. Volume 65 - Page 198 City of Newport Beach City Council Meeting November 30, 2021 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 Director Vukojevic discussed Purple Water Line projects, infrastructure costs, primary investments, and future recycled water studies. SS4. Discussions Relative to SB 9 and SB 10 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 examples, 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 that parking can be included as a development standard, and homeowner associations are exempt from SB 9. Senior Planner Zdeba further described privacy measures. Questions: 1. SB10: Does the Council 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. 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. Volume 65 - Page 199 City of Newport Beach City Council Meeting November 30, 2021 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 expedite SB 9 and SB 10, shared a recent solicitation to her property from commercial investors, and discussed the process for changing objective design standards. 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 Council about creating restrictions with potential long-term disadvantages and suggested options for greatest probable value to residents and provisions for parking and garage space. City Attorney Harp confirmed that the Council unanimously favored "no" for question 1 and "yes" for questions 2 and 3. SS5. Parking Code Update 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, staffs pursuit for areas to implement overlays, and the fee-based public parking use for 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. Volume 65 - Page 200 City of Newport Beach City Council Meeting November 30, 2021 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 impact and influence of parking opportunities relative to business types, discussed the ongoing parking problem, and suggested a partnership with a private entity for additional parking. Chuck Fancher shared his experience as a business operator, the evolution of attracting retailers with parking, the decreased parking ratios, and how parking supplies are dictated by landlords, owners, and government, and suggested a shared parking concept and the City focus on less rote indexes, more local conditions, and greater discretion to staff. Nancy Scarbrough shared the incremental costs to a restaurant owner relevant to parking reductions. Jim Mosher suggested a revision to the title of Item 8 (Resolution No. 2021-121: Initiation of Zoning Code and LCP Amendments Related to Parking Regulations) to include commercial parking and noted the delayed submission 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 in 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 General Plan Update and environmental report, and there be alternatives to attract more tourists to McFadden Square. City Attorney Harp confirmed 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. 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. Volume 65 - Page 201 City of Newport Beach City Council Meeting November 30, 2021 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 Employees Association of Newport Beach (PTEANB), Newport Beach Professional and Technical Employees Association (NBPTEA), Newport Beach City Employees Association (NBCEA), Association of Newport Beach Ocean Lifeguards (ANBOL), and Key & Management - unrepresented employees C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Brad Avery, Mayor; and Kevin Muldoon, Mayor Pro Tem Unrepresented Employees: Grace K. Leung, City Manager, Aaron C. Harp, City Attorney, and Leilani I. Brown, City Clerk V. RECESSED - 6:41 p.m. VI. RECONVENED AT 7:32 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 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 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 Volume 65 - Page 202 City of Newport Beach City Council Meeting November 30, 2021 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 Residents 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 Academy in the Council Chambers • Announced a City Council Redistricting Committee meeting on December 13, 2021, and noted those interested in creating their own redistricting maps can go to the City's website Council Member Dixon: • Requested a future agenda item to consider amending City Council Policy A -l's Rules of Decorum related to the consumption of alcohol at public meetings and the Newport Beach Municipal Code to prohibit drinking in public buildings • Attended the Citizens of the Year ceremony Council Member Duffield: • Extended congratulations to Newport Harbor High School (NHHS) for their football championship Mayor Pro Tem Muldoon: • Utilized a slide to announce that the City is collecting toys, DVDs, and other items for Operation Christmas until noon on December 22, 2021, and encouraged the community to donate Mayor Avery: • Attended the Citizens of the 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 Championship 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. 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. Volume 65 - Page 203 City of Newport Beach City Council Meeting November 30, 2021 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, phase out fossil fuels, and promote 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 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. ORDINANCE FOR INTRODUCTION 3. Ordinance No. 2021-26: Amending the LCP Implementation Plan Related to Corrections, Clarifications, and Inconsistencies (PA2019-055) [100-20211 a) Find this project 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 have a significant effect on the environment; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-26, 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. LC2019-001 Correcting and Clarifying Provisions Related to Minimum Lot Size and Dimension, Overlays and Public Hearing Notice Requirements (PA2019-055), 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) [100-20211 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). 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 [100-20211 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 Volume 65 - Page 204 City of Newport Beach City Council Meeting November 30, 2021 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 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 the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2021-119, AResolution of the City Council of the City of Newport Beach, California, in Support of the Action for Spent Fuel Now Coalition. 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 [100-2021] a) Determine this action is exempt from environmental review 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 Resolution of the City Council of the City of Newport Beach, California, Expressing Support for 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. 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 15262 (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, Initiating Amendments 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). 10. Resolution No. 2021-123: Supporting a Ban on New Offshore Oil and Gas Drilling [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. 2021-123, A Resolution of the City Council of the City of Newport Beach, California, Supporting a Ban on New Offshore Oil and Gas Drilling. Volume 65 - Page 205 City of Newport Beach City Council Meeting November 30, 2021 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 2021 Pavement Management Relief Funding Program [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. 2021-125, A Resolution of the City Council of the City of Newport Beach, California, Certifying that the City of Newport Beach has Authorized the Project List Submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 Funding Through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program. ' CONTRACTS AND AGREEMENTS 13. Arches Diversion Projects - Notice of Completion for Contract No. 8279-2 (16X11) [381100- 20211 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. 14. FY 2021-22 Streetlight Improvement Project (Harbor View Hills) - Award of Contract No. 7661-3 (22V02) [381100-20211 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. 15. Balboa Boulevard Median Improvements (191111) - Award of Contract No. 7629-2 [381100- 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; Volume 65 - Page 206 City of Newport Beach City Council Meeting November 30, 2021 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) [38/100-2021] 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 has 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 for the total bid price of $3,363,056, and authorize the Mayor and City Clerk to execute the contract; and 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. 17. Approval and Award of Maintenance/Repair Services Agreement with Merchants Landscape Services, Inc. for Landscape Maintenance of Parks and Facilities (C-8772-1) [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) Approve a one-year Maintenance/Repair Services Agreement with four automatic one-year extensions with Merchants for the Landscape 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 (22R14) - Approval of Professional Services Agreement with Stantec Consulting Services, Inc., Contract No. 8728-1 [381100-20211 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; 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. Volume 65 - Page 207 City of Newport Beach City Council Meeting November 30, 2021 20. Tentative Agreement with Newport Beach Police Association (NBPA) (C-2056) [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) 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) [381100-20211 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 consider the Tentative Agreement between the City of Newport Beach and the Newport Beach Firefighters Association. MISCELLANEOUS 22. Planning Commission Action Report for the November 18, 2021 Meeting [100-2021] Receive and file. 23. Budget Amendment to Allocate Funding for Government Relations Consulting Services [100-20211 a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to §§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 Budget 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. 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. Volume 65 - Page 208 City of Newport Beach City Council Meeting November 30, 2021 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 Understanding with the Newport Beach Public Library Foundation (C-7444-4) [38/100-2021] Council Member O'Neill clarified that policies 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. Mayor Avery opened the public hearing. Jim Mosher expressed his confusion about the impacts from Section M and questioned the Council's intention about the cost-sharing terms. Mayor Avery noted the strong relationship between the City and the Newport Public Library Foundation, and the benefits of the lecture hall. Council Member Dixon 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 testimony, 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. 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) [100-2021] 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. Volume 65 - Page 209 City of Newport Beach City Council Meeting November 30, 2021 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 Environmental Quality 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, direct the 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. CA2020-002 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 California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to the Tattoo Establishment Development Standards (PA2020-030). The motion carried unanimously. 26. Ordinance No. 2021-28: A Code Amendment Related to Short -Term Lodging Citywide and on Newport Island (PA2020-048 and PA2020-326) [100-2021] Community Development Director Jurjis and Principal Planner Murillo utilized a presentation to discuss Short -Term Lodging (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 after 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 Markos 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. 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. Volume 65 - Page 210 City of Newport Beach City Council Meeting November 30, 2021 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 and expressed the opinion that future changes to any conditions by Council will have to be reviewed by the CCC due to the impact on the coastal zone and consistency with the California Coastal Act. Gary Cruz expressed his gratitude for the collaboration of staff, the CCC, and voters, and shared petition results and reasons for having owner -occupied and owner -managed properties on Newport Island. Scott McFetters thanked staff and Council for their time and energy, and for making the City a better place for the residents, neighborhoods, and local businesses. Hearing no further testimony, Mayor Avery closed the public hearing. Council Member Dixon commented on the role of the Council to represent the residents and CCC's concern for the population decrease with the change in residential status from permanent residency to STLs. She commended the City for its ability to balance housing accommodations for visitors and residents. Council Member O'Neill noted his previous vote, but announced he will be supporting this amendment; however, suggested that revisions may be needed to mitigate the harm caused by the owner -occupied requirement. In response to Council Member 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. 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 Volume 65 - Page 211 City of Newport Beach City Council Meeting November 30, 2021 City Clerk Brown announced that Brian Moore was appointed to the Civil Service Board for a term that expires on June 30, 2024. XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - 9:18 p.m. The agenda was 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 November 24, 2021, at 4:00 p.m. A'J4�41�PPVY,, Leilani I. Brown City Clerk (.1 F'Ot% Volume 65 - Page 212