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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA NOVEMBER 14, 2023 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 6:30 P.M. NOAH BLOM, Mayor WILL O'NEILL, Mayor Pro Tern BRAD AVERY, Councilmember ROBYN GRANT, Councilmember LAUREN KLEIMAN, Councilmember JOE STAPLETON, Councilmember ERIK WEIGAND, Councilmember GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. BROWN, City Clerk NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting. LEVINE ACT Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract (other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. PUBLIC HEARINGS If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NOTICE TO THE PUBLIC Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(a)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 NOVEMBER 14, 2023 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION - FOLLOWS STUDY SESSION REGULAR MEETING - 6:30 P.M. ROLL CALL — 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Nighttime Closure of Public Restrooms City Council will hold a Study Session to continue with further review and discussion from their September 26, 2023 Study Session regarding the potential nighttime closure of the City's 34 stand-alone public restroom facilities. SS3. Library Lecture Hall City Council will hold a Study Session to review and discuss the recent construction bids for the proposed Library Lecture Hall, overall project cost, and any potential project funding adjustments or other actions that would be necessary, including commitments from the Newport Beach Public Library Foundation, in order to proceed with construction of the project. III. PUBLIC COMMENTS The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non -agenda items. Speakers must limit comments to three minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: The American Legion Newport Harbor Post No. 291, located at 215 15t" Street, Newport Beach California, 92663. City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding Whitlinger, Real Property Administrator. Negotiating Parties: Robert Wine. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1): 1 matter Randy Parker v. City of Newport Beach Workers' Compensation Appeals Board Case No. ADJ18422467 City Council Meeting November 14, 2023 Page 2 C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace Leung, City Manager and Barbara Salvini, Labor Negotiators. Employee Organizations: Newport Beach Firefighters Association (NBFA) D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 1 matter Title: Leilani Brown, City Clerk E. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Noah Blom, Mayor, and Will O'Neill, Mayor Pro Tem. Unrepresented Employee: Leilani Brown, City Clerk. V. RECESS VI. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING VII. ROLL CALL Vill. CLOSED SESSION REPORT IX. INVOCATION — Pastor David Manne, Calvary Chapel of Costa Mesa X. PLEDGE OF ALLEGIANCE XI. NOTICE TO THE PUBLIC The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Consider formally opposing the language, contained in Governor Newsom's March 2024 general obligation bond measure to fund behavioral health facilities, that calls for a by -right approval process for adult substance use disorder residential programs and recovery housing located in multi -family residential zones [Kleiman and Weigand] XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 20). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Councilmember, members of the public are invited to speak on each item for up to three minutes per item. City Council Meeting November 14, 2023 Page 3 All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Councilmembers have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 24, 2023 City Council Meeting Waive reading of subject minutes, approve as written, 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. ORDINANCES FOR INTRODUCTION 3. Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the Newport Beach Municipal Code and Repealing City Council Policy H-1 a) Find the introduction and adoption of this ordinance 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. Additionally, find the introduction and adoption of this ordinance is exempt from CEQA environmental review pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the CEQA Guidelines. The ordinance will not change existing law but instead formally incorporates existing regulations and guidelines into the Municipal Code. Further, new regulations added by the ordinance pertain to existing dock facilities and structures with negligible or no expansion of use or the replacement or reconstruction of existing structures and facilities with substantially the same purpose and capacity as the replaced structures; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023- 16, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the Newport Beach Municipal Code and Repealing City Council Policy H-1, and pass to a second reading on November 28, 2023. 4. Ordinance No. 2023-17 and Resolution No. 2023-62: Allowing Short -Term Mooring License Agreements and Establishing Fair Market Value License Fees for Offshore and Onshore Moorings a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023- 17, An Ordinance of the City Council of the City of Newport Beach, California, Adding Section 17.60.045 (Short -Term Mooring Licenses) to Chapter 17.60 (Harbor Permits and Leases) of the Newport Beach Municipal Code Regarding Short -Term Mooring Licenses, and pass to second reading on November 28, 2023; City Council Meeting November 14, 2023 Page 4 c) Adopt Resolution No. 2023-62, A Resolution of the City Council of the City of Newport Beach, California, Setting the Fair Market Value License Fee for Short -Term Moorings Located Upon Tidelands in Newport Harbor; and d) Approve Budget Amendment No. 24-032 anticipating $22,306 in revenue from the licensing of City moorings in the current fiscal year (10045451-551034). RESOLUTIONS FOR ADOPTION 5. Resolution No. 2023-63: Certifying Funding Listed in the Federal Transportation Improvement Program (FTIP) 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. 2023-63, A Resolution of the City Council of the City of Newport Beach, California, Certifying that the City of Newport Beach has the Resources to Fund the Projects in the Federal Transportation Improvement Program for Federal Fiscal Years 2024125 to 2029130 and Affirming its Commitment to Implement All City Projects in the Program. 6. Resolution No. 2023-64: Summary Vacation of Existing Public Water Easement at 4839 Cortland Drive a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because this project will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-64, A Resolution of the City Council of the City of Newport Beach, California, Summarily Vacating a Public Water Easement at 4839 Cortland Drive (Portion of Lot 13 of Tract 3519) and Directing the City Clerk to Record Same with the County Recorder's Office; c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. 7. Resolution No. 2023-65: Emergency Management Performance Grant Authorization a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2023-65, A Resolution of the City Council of the City of Newport Beach, California, Providing Written Authorization to the State of California Governor's Office of Emergency Services of the Standard Assurances Required to Apply for Grants from the Federal Department of Homeland Security, Federal Emergency Management Agency. 8. Resolution No. 2023-66: Medi-Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program for Cost Recovery of Emergency Medical Services for Calendar Year 2022 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-66, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Mayor and City Manager, or Designees, to Execute Agreements and Amendments with the Department of Health Care Services (DHCS) and CalOptima to Participate in the Rating Period of January 1, 2022 Through December 31, 2022 Medi-Cal Rate Range Intergovernmental Transfer (IGT) Program; c) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement Regarding Transfer of Public Funds with the California Department of Health Care Services; d) Authorize the Mayor and City Clerk to execute the Health Plan -Provider Agreement Intergovernmental Transfer Rate Range Program Agreement with CalOptima; and City Council Meeting November 14, 2023 Page 5 e) Approve Budget Amendment No. 24-033 appropriating $419,272 in increased expenditures in Account No. 01040404-821008 (IGT) from the General Fund unappropriated fund balance and increasing revenue estimates related to the Medi-Cal IGT Program by $1,017,509 in Account No. 01040404-431246. 9. Resolution No. 2023-67: Declaring a Portion of City -Owned Property at the Balboa Yacht Basin (BYB) Located at 829 Harbor Island Drive as Surplus Land 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. 2023-67, A Resolution of the City Council of the City of Newport Beach, California, Declaring a Portion of the Balboa Yacht Basin Located at 829 Harbor Island Drive, Newport Beach, California as Surplus Land Pursuant to the Surplus Land Act. 10. Resolution No. 2023-68: Amending City Council Policy F-7 (Income and Other Property) 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. 2023-68, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F-7 (Income and Other Property). CONTRACTS AND AGREEMENTS 11. 2022-2023 Citywide Facilities Painting Project (Project No. 23F02) — Notice of Completion for Contract No. 8940-1 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. 12. Street Pavement Repair Program (Fiscal Years 2022-23 and 2023-24) (Project No. 24R03) — Award of Contract No. 9379-1 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 9379-1 to Hardy & Harper, Inc. for the bid price of $1,652,000 for the Street Pavement Repair Program (FY 2022-23 and FY 2023-24), and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $165,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract. 13. Approval of Amendment No. 2 to On -Call Maintenance and Repair Agreements for Asphalt and Concrete Street Repairs Services with Hardy & Harper, Inc. 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 Amendment No. 2 to the On -Call Services Agreement with Hardy & Harper, for as -needed asphalt and concrete street repair services for an additional not -to -exceed amount of $500,000, and authorize the Mayor and City Clerk to execute the agreement. City Council Meeting November 14, 2023 Page 6 14. Ocean Boulevard Bluff Park — Professional Conceptual Design Services Contract 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 Budget Amendment No. 23-035 transferring project savings from the Civic Center Park Improvements - Transportation Center Pickleball project and appropriating $109,680 in increased expenditures in Account No. 53601-980000-231-01; and c) Approve Professional Services Agreement with Rabben/Herman of Newport Beach, for conceptual design services of the Ocean Boulevard Bluff Park for a total not -to -exceed amount of $109,680, and authorize the Mayor and City Clerk to execute the Agreement. 15. Amendment to Professional Services Agreement with Sampson Oil Company for Oil Well Management Services 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 Amendment No. Four to the Professional Services Agreement with Sampson Oil Company for Oil Management Services, which extends the contract to September 30, 2024, and increases the contract amount by $500,000, and authorize the Mayor and City Clerk to execute the agreement. 16. Award of Professional Services Agreement to Eide Bailly, LLP for an Evaluation of Potential Options for Exiting the Laborer's International Union of North America Supplemental Retirement Plan a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager and City Clerk to execute a Professional Services Agreement with Eide Bailly, LLP for consulting services for the period ending June 30, 2024, with a total not -to -exceed amount of $42,000. 17. On -Call Professional Services Agreement for Phlebotomy Services 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 sole source procurement of evidentiary phlebotomy services, thereby waiving the Request for Proposals requirement of City Council Policy F-14; and c) Approve an on -call professional services agreement with California Forensic Phlebotomy, Inc. of Anaheim Hills for evidentiary phlebotomy services for a five-year term, ending November 24, 2028, with a total amount not -to -exceed $285,000, and authorize the Mayor and City Clerk to execute the agreement. 18. Approval of Vehicle Replacement Purchase Order for One Heavy Duty Mobile Crane Truck from PB Loader Corporation 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 Purchase Order for one heavy duty mobile crane truck from PB Loader Corporation of Fresno for a total amount of $632,848.81; and c) Authorize a contingency of $32,000 (approximately 5% of the total quote) to cover the cost of unforeseen changes to the current quote. City Council Meeting November 14, 2023 Page 7 MISCELLANEOUS 19. Planning Commission Agenda for the November 9, 2023 Meeting Receive and file. 20. Confirmation of Nominations to Fill the Unscheduled Vacancy on the Board of Library Trustees 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) Confirm the nominations of Fiona Ivey, Chase Rief, and Jenny Williams to fill the vacancy on the Board of Library Trustees. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR E4011111111111101H13N[@Kde]►TiILTA l=101k&K67Z101[sP►IFT&I:1iU7_\k1=1►7iK Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. XVIII. PUBLIC HEARINGS 21. Ordinances Nos. 2023-18 and 2023-19: Tennis and Pickleball Club at Newport Beach — 1602 East Coast Highway (PA2021-260) a) Conduct a public hearing; b) Adopt Resolution No. 2023-69, A Resolution of the City Council of the City of Newport Beach, California, Adopting an Addendum to Mitigated Negative Declaration No. ND2010-008 for the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260); c) Adopt Resolution No. 2023-70, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment for the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260); d) Adopt Resolution No. 2023-71, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment to the California Coastal Commission to Amend the Newport Beach Country Club Planned Community Development Plan (PC-47) for the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260); e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023- 18, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to the Newport Beach Country Club Planned Community Development Plan (PC-47) for the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260), and pass on to second reading on November 28, 2023; and f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-19, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Tennis Club and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260), and pass on to second reading on November 28, 2023. City Council Meeting November 14, 2023 Page 8 22. Ordinance Nos. 2023-20 and 2023-21 and Resolution No. 2023-72: Adopting Housing Element Implementation Noise -Related Amendments, and Resolution No. 2023-73: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency (PA2022-0201) a) Conduct a public hearing; b) Find the Amendments are exempt and not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 because the Amendments would not allow development of greater intensity than is allowed under the 2006 General Plan, including the Newport Airport Village Planned Community, as amended. The updated noise contours, and impacts associated therewith, were also fully analyzed in the 2014 John Wayne Airport (JWA) Settlement Agreement Amendment Environmental Impact Report No. 617; c) Adopt Resolution No. 2023-72, A Resolution of the City Council of the City of Newport Beach, California, Approving Amendments to the Land Use and Noise Elements of the General Plan, Related to Noise in the Airport Area Necessary to Implement the 61" Cycle Housing Element (PA2022-0201); d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023- 20, An Ordinance of the City Council of the City of Newport Beach, California, Approving An Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to Noise in the Airport Area Necessary to Implement the 6t" Cycle Housing Element (PA2022- 0201), and pass to second reading on November 28, 2023; e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023- 21, An Ordinance of the City Council of the City of Newport Beach, California, Approving Amendments to Newport Place Planned Community Development Plan (PC-11)and Newport Airport Village Planned Community Development Plan (PC-60) Related to Noise in the Airport Area Necessary to Implement the 6t" Cycle Housing Element (PA2022-0201), and pass to second reading on November 28, 2023; and f) Adopt Resolution No. 2023-73, A Resolution of the City Council of the City of Newport Beach, California, Finding Amendments to the Noise and Land Use Elements of the General Plan, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, Newport Place Planned Community Development Plan (PC11) and Newport Airport Village Planned Community Development Plan (PC-60), Related to Noise in the Airport Area Necessary to Implement the 61 Cycle Housing Element are Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Land Use Commission's Determination that the Amendments are Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022-0201). 23. Resolution Nos. 2023-74 and 2023-75: Conduct a Public Hearing and Consider Water and Sewer Rate Adjustments a) Conduct a public hearing to accept comments on the proposed water rates and at the conclusion of the hearing close the 45-day notice period; b) 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; c) Direct the City Clerk to tabulate the results of the protests received from property owners and customers and announce the findings; d) Adopt Resolution No. 2023-74, A Resolution of the City Council of the City of Newport Beach, California, Establishing Water Rates and Charges Effective January 1, 2024, and Four Years of Phased In Increases Thereto; and e) Adopt Resolution No. 2023-75, A Resolution of the City Council of the City of Newport Beach, California, Establishing Sewer Rates and Charges Effective January 1, 2024, and Four Years of Phased In Increases Thereto. City Council Meeting November 14, 2023 Page 9 24. Ordinance No. 2023-22 and Resolutions No. 2023-76, 2023-77 and 2023-78: Adding, Amending, and Repealing Provisions of the Newport Beach Municipal Code and City Council Policies a) Conduct a public hearing; b) 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; c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023- 22, An Ordinance of the City Council of the City of Newport Beach, California, Adding, Amending, and Repealing Various Provisions of the Newport Beach Municipal Code, and pass to second reading on November 28, 2023; d) Adopt Resolution No. 2023-76, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to the Comprehensive Municipal Code Update (PA2022-0219); e) Adopt Resolution No. 2023-77, A Resolution of the City Council of the City of Newport Beach, California, Adopting City Council Policy F-12, Establishing a Regulatory Framework for Operation and Permitting of Taxicab Businesses, Drivers, and Vehicles that are Substantially Located Within the Jurisdictional Boundaries of the City; and f) Adopt Resolution No. 2023-78, A Resolution of the City Council of the City of Newport Beach, California, Amending and Repealing Various City Council Policies. XIX. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Councilmembers who voted with the prevailing side. XX. ADJOURNMENT — In memory of James Lawson Pirdy and Peter Shea Testimony given before the City Council is recorded. The timer light will turn yellow when the speaker has one minute remaining. The timer light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE