City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA JULY 23, 2024 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 - 6:00 P.M. WILL O'NEILL, Mayor JOE STAPLETON, Mayor Pro Tem BRAD AVERY, Councilmember NOAH BLOM, Councilmember ROBYN GRANT, Councilmember LAUREN KLEIMAN, 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 $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@newportbeachca.gov).  City Council Meeting July 23, 2024 Page 2 I. ROLL CALL - 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Recognition of Outgoing Board and Commission Members SS3. Bike Master Plan Update Staff will present a general discussion and project status update of the City ’s 2014 Bicycle Master Plan to the City Council. On the Agenda 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 LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 7 matters John Doe S.C. v. City of Newport Beach et. al. Orange County Superior Court Case No. 30-2022-01299631-CU-PP-CJC State Farm General Insurance Company v. City of Newport Beach Orange County Superior Court Case No. 30-2022-01279624-CU-NP-NJC Marshall Senk et al., v. City of Newport Beach Orange County Superior Court Case No. 30-2022-01297253-CU-PO-NJC Marshall Senk et al., v. City of Newport Beach Orange County Superior Court Case No. 30-2023-01321223-CU-PO-NJC Friends of Newport Harbor v. California Coastal Commission Orange County Superior Court Case No. 30-2022-01292902-CU-WM-CXC Friends of Newport Harbor v. City of Newport Beach Orange County Superior Court Case No. 30-2023-01340626-CU-WM-CXC Friends of Newport Harbor v. City of Newport Beach Orange County Superior Court Case No. 30-2023-01356387-CU-TT-CXC V. RECESS  City Council Meeting July 23, 2024 Page 3 VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION - Mark Teale, Spiritual Assembly of Bahais of Newport Beach 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 passage of an ordinance requiring, in general, that brick-and-mortar businesses accept payment in cash [O’Neill] XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 22). 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. 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.  City Council Meeting July 23, 2024 Page 4 XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the July 9, 2024 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. Minutes Written Comments 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 ADOPTION 3. Ordinance No. 2024-15: Amending Sections 17.60.010 (Public Trust Lands - General), 17.60.020 (Application for Pier/Mooring Permits or the Lease of Public Trust Lands), 17.60.040 (Mooring Permits), and 17.60.045 (Short-Term Mooring Licenses) of the Newport Beach Municipal Code Related to Mooring Permits and Licenses a) Find the adoption of this ordinance 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 is not a project pursuant to Section 15061(b)(3). Additionally, adoption of the ordinance is categorically exempt pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the CEQA Guidelines; and b) Conduct second reading and adopt Ordinance No. 2024-15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 17.60.010 (Public Trust Lands - General), 17.60.020 (Application for Pier/Mooring Permits or the Lease of Public Trust Lands), 17.60.040 (Mooring Permits), and 17.60.045 (Short-Term Mooring Licenses) of the Newport Beach Municipal Code. Staff Memo Staff Report Attachment A - Ordinance No. 2024-15 Correspondence Written Comments  City Council Meeting July 23, 2024 Page 5 RESOLUTIONS FOR ADOPTION 4. Resolution No. 2024-48: Two-Year Extension of Pilot Program to Permit Homeowner’s Associations to Install Privately Operated Security Cameras within the Public Rights-of-Way a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3: New Construction or Conversion of Small Structures) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) Adopt Resolution No. 2024-48, A Resolution of the City Council of the City of Newport Beach, California, Extending the Pilot Program Permitting Qualifying Homeowner’s Associations to Install Privately Operated Security Cameras Within the Public Rights-of-Way, and Waiving City Council Policy L-6, Encroachments in Public Rights-of-Way, in Regards Thereto. Staff Report Attachment A - Resolution No. 2024-48 Attachment B - Resolution No. 2023-40 Attachment C - Existing Security Camera Locations On the Agenda 5. Resolution No. 2024-49: Approving Amendments to the Records Retention Schedule 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. 2024-49, A Resolution of the City Council of the City of Newport Beach, California, Amending Certain Sections of the Records Retention Schedule and Authorizing Destruction of Certain Records Accordingly. Staff Report Attachment A - Resolution No. 2024-49 Written Comments  City Council Meeting July 23, 2024 Page 6 CONTRACTS AND AGREEMENTS 6. Storm Drain System Upgrades - Award of Contract No. 9148-1 (23D02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (minor alterations in the condition of land, water, and/or vegetation) of the CEQA Guidelines, as the project only entails minor trenching without removal of healthy, mature trees; installation of storm drain and subdrain pipe; and backfilling to restore the original surface; b) Approve the project plans and specifications; c) Award Contract No. 9148-1 to PALP, Inc. dba Excel Paving Company for the total bid price of $463,828 for the Storm Drain System Upgrades project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $92,000 (approximately 20% of the total bid) to cover the cost of unforeseen work not included in the original contract. Staff Report Attachment A - Location Map 7. Award of Maintenance and Repair Agreement with Meyers Construction Co. LLC for On-Call Facilities Maintenance Support 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 a Maintenance and Repair Services Agreement with Meyers Construction Co. LLC for On-Call Facilities Maintenance Support Services for a three-year term and a not-to-exceed amount of $500,000, and authorize the Mayor and City Clerk to execute the agreement. Staff Memo Staff Report Attachment A - Agreement 8. Superior Avenue and Hospital Road Pavement Rehabilitation - Award of Contract No. 8894-2 (23R14) 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. 8894-2 to R.J. Noble Company for the total bid price of $1,882,213.70 for the Superior Avenue and Hospital Road Pavement Rehabilitation project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $188,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract. Staff Report Attachment A - Location Map  City Council Meeting July 23, 2024 Page 7 9. Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project (15T09) - Approval of Additional Construction Contingency with Reyes Construction (Contract No. 8020-6), and Approval of Amendment No. Two to Professional Services Agreement with Ardurra (Contract No. 8020-8) and Amendment No. Five to Professional Services Agreement with Dokken Engineering (Contract No. 8020-5) 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. 25-005, transferring $805,874 from the unappropriated FFP: Parks/Community Centers fund balance into Account No. 56201-980000-15T09; c) Increase the construction contract contingency by $500,000 to $1,342,000 (approximately 12.8% of the contract award amount) with Reyes Construction (Contract No. 8020-6) to cover additional costs associated with unforeseen field conditions; d) Authorize payment of $54,583.54 from the CIP Storm Drain Repair Account No. 01201926-980000-25D02 (Neighborhood Enhancement funds) to T.E. Roberts under its existing on-call contract; e) Approve Amendment No. Two to Professional Services Agreement with Ardurra (Contract No. 8020-8) for construction oversight of the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project in the amount of $286,874 for a total not-to-exceed amount of $1,537,020, and authorize the Mayor and City Clerk to execute the amendment; and f) Approve Amendment No. Five to Professional Services Agreement with Dokken Engineering (Contract No. 8020-5) for additional design services for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project in the amount of $19,000 for a total not-to-exceed amount of $2,121,499, and authorize the Mayor and City Clerk to execute the amendment. Staff Report Attachment A - Location Map Attachment B - Budget Amendment Attachment C - Amendment No. Two with Ardurra Attachment D - Amendment No. Five with Dokken Engineering  City Council Meeting July 23, 2024 Page 8 10. Award of Maintenance and Repair Services Agreement with Harbor Point Air Conditioning & Control Systems for On-Call HVAC Maintenance and Repair Services Citywide 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 Maintenance and Repair Services Agreement with Harbor Point Air Conditioning & Control Systems for a five-year term and for a not-to-exceed amount of $600,000, and authorize the Mayor and City Clerk to execute the agreement. Staff Report Attachment A - Agreement 11. Approval of Amendment No. Five to Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. for San Diego Creek Trash Wheel Project (Project No. 17X12, Contract No. 7127-3) 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. 25-006 appropriating $49,681 in increased expenditures in Account No. 16001-980000-17X12 (Newport Bay Trash Wheel) from the from the unappropriated Environmental Liability fund balance; and c) Approve Amendment No. Five to the Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. for additional construction services with an increase in fee of $49,681 for a total not-to-exceed amount of $1,013,302, and authorize the Mayor and City Clerk to execute the Agreement. Staff Report Attachment A - Budget Amendment Attachment B - Amendment No. Five Attachment C - Location Map Correspondence  City Council Meeting July 23, 2024 Page 9 12. Approval of Professional Services Agreement with Marine Taxonomic Services, LTD for Newport Harbor Shallow and Deep Water Eelgrass Surveys a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 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 Marine Taxonomic Services, LTD for Newport Harbor Shallow Water and Deep Water Eelgrass Surveys for a total not-to-exceed amount of $173,424.60, and authorize the Mayor and City Clerk to execute the agreement. Staff Report Attachment A - Agreement 13. 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. Six to the Professional Services Agreement with Sampson Oil Company for Oil Well Management Services, which extends the contract to March 31, 2025, and increases the contract amount by $750,000, and authorize the Mayor and City Clerk to execute the Agreement. Staff Report Attachment A - Amendment No. Six  City Council Meeting July 23, 2024 Page 10 14. Amendment No. Four to a Professional Services Agreement with Sagecrest Planning and Environmental for Staff Augmentation 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 Four to increase the total compensation of the agreement by $125,000, for a new not-to-exceed amount of $525,000, and authorize the Mayor and City Clerk to execute the Amendment. Staff Report Attachment A - Amendment Four to PSA Attachment B - Amendment Three to PSA Attachment C - Amendment Two to PSA Attachment D - Amendment One to PSA Attachment E - Professional Services Agreement 15. Exclusive Negotiating Agreement with Burnham-Ward Properties, LLC for the Lease and Redevelopment of a Portion of the Balboa Yacht Basin Property Located at 829 Harbor Island Drive a) Find this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines, because this action is not a project and has no potential to have a significant effect on the environment; and b) Authorize the City Manager and City Clerk to execute a two-year Exclusive Negotiating Agreement with Burnham-Ward Properties, LLC, for negotiation of a lease for redevelopment of a portion of the City-owned Balboa Yacht Basin property located at 829 Harbor Island Drive, in a form substantially similar to the agreement attached to the staff report. Staff Report Attachment A - Exclusive Negotiating Agreement On the Agenda  City Council Meeting July 23, 2024 Page 11 16. Amendment to Lease Agreement with Pacifica Christian High School - Orange County, Inc. for the City-Owned West Newport Community Center Property Located at 883 W. 15th Street 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 the Amendment to Lease Agreement between the City of Newport Beach and Pacifica Christian High School - Orange County, Inc. (Amendment), extending the term of the lease for the property located at 883 W. 15th Street, in a form substantially similar to the Amendment prepared by the City Attorney. Staff Report Attachment A - Amendment to Lease Agreement Attachment B - Ground Lease Agreement 17. Award of Contracts to Eide Bailly LLP and The Pun Group LLP for Internal Audit Services (continued from the July 9, 2024 City Council meeting) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Authorize the Mayor and City Clerk to sign a five-year professional services agreement for on-call internal audit services for an amount not-to-exceed $750,000 with The Pun Group LLP; and c) Authorize the Mayor and City Clerk to sign a five-year professional services agreement for on-call internal audit services for an amount not-to-exceed $750,000 with Eide Bailly LLP, who employs two former employees that have separated from the City within the past five years. City Council approval is requested pursuant to City Council Policy F-14 even though the former employees will not serve on the internal audit engagement. Staff Report Attachment A - Eide Bailly LLP PSA Attachment B - The Pun Group PSA  City Council Meeting July 23, 2024 Page 12 MISCELLANEOUS 18. Budget Amendment to Accept a Check from the Newport Beach Public Library Foundation and Appropriate the Funds to the Library’s Fiscal Year 2024-25 Maintenance and Operation Budget a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Accept a check in the amount of $40,000 from the Newport Beach Public Library Foundation and approve Budget Amendment No. 25-002 to increase expenditures by the same amount in Division 0106051 (Foundation). Staff Report Attachment A - Budget Amendment 19. Confirmation of Nominations to Fill an Unscheduled Vacancy on the Parks, Beaches and Recreation Commission 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) Confirm the nominations of Travis Pirdy and Sara Weber to fill the vacancy on the Parks, Beaches and Recreation Commission. Staff Report Attachment A - Applications 20. FY 2023-24 Annual District Discretionary Grant Report and the Grants and Donations Report for the Quarter Ending June 30, 2024 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. Staff Report Attachment A - FY 2023-24 Discretionary Grant Report Written Comments  City Council Meeting July 23, 2024 Page 13 21. Response to the Orange County Grand Jury Report “Law Enforcement’s Response to Mental Health Calls for Service” 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 the City’s response to the 2023-2024 Orange County Grand Jury report, “Law Enforcement’s Response to Mental Health Calls for Service” and authorize the Mayor to submit the letter to the Presiding Judge of the Superior Court. Staff Report Attachment A - Grand Jury Report Attachment B - Proposed Response 22. Visit Newport Beach, Inc. FY 2025 Destination Business Plan and Budget, and FY 2024 Performance Standards Report 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, receive and file the FY 2025 Newport Beach & Company Destination Business Plan; c) Review, receive and file the Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2024 Performance Standards Report; and d) Review and approve the Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2025 Budget. Staff Report Attachment A - FY 2025 Newport Beach & Co. Destination Business Plan Attachment B - Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2025 Budget Attachment C - Visit Newport Beach, Inc. FY 2024 Performance Standards Report Attachment D - Newport Beach & Company Budget Written Comments ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. PUBLIC COMMENTS ON NON-AGENDA ITEMS Public comments are invited on non-agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record.  City Council Meeting July 23, 2024 Page 14 XVIII. PUBLIC HEARING 23. Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element a) Conduct a public hearing and proceed with one of the following two options: Option No. 1: 1a) Adopt Resolution No. 2024-50, A Resolution of the City Council of the City of Newport Beach, California, Certifying Environmental Impact Report (State Clearinghouse [SCH] Number 2023060699), Including a Mitigation Monitoring and Reporting Program and Adopting Findings, and a Statement of Overriding Considerations Related to the Implementation of the 6th Cycle Housing Element Involving Amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (PA2022-0245); 1b) Adopt Resolution No. 2024-51, A Resolution of the City Council of the City of Newport Beach, California, Amending the General Plan Land Use Element to Implement the General Plan 6th Cycle Housing Element (PA2022-0245); 1c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-16, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to Implement the General Plan 6th Cycle Housing Element (PA2022-0245), and pass to second reading on August 27, 2024; 1d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to Create Multi-Unit Objective Design Standards (PA2022-0245), and pass to second reading on August 27, 2024; 1e) Adopt Resolution No. 2024-52, 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 the City of Newport Beach Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to the Housing Element Implementation Program (PA2022-0245); 1f) Adopt Resolution No. 2024-53, A Resolution of the City Council of the City of Newport Beach, California, Finding the Housing Element Implementation Program Amendments Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Airport Land Use Commission’s Determination of Inconsistency with the 2008 John Wayne Airport Environs Land Use Plan (PA2022 -0245); 1g) Adopt Resolution No. 2024-54, A Resolution of the City Council of the City of Newport Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 5, 2024, for the Submission of a Proposed  City Council Meeting July 23, 2024 Page 15 Major Amendment to the Newport Beach General Plan Land Use Element Related to Implementation of the 6th Cycle Housing Element in Compliance with State Housing Law (PA2022-0245); 1h) Adopt Resolution No. 2024-55, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 5, 2024, with the Statewide Primary Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Submitting a Proposed Charter Amendment; 1i) Adopt Resolution No. 2024-56, A Resolution of the City Council of the City of Newport Beach, California, Setting Priorities for Filing Written Arguments Regarding a City Measure, and Directing the City Attorney to Prepare an Impartial Analysis; 1j) Adopt Resolution No. 2024-57, A Resolution of the City Council of the City of Newport Beach, California, Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to the Voters at the General Municipal Election to be Held on Tuesday, November 5, 2024, Pursuant to California Elections Code Section 9285; and 1k) If desired, designate Councilmembers to draft a Direct Argument for the ballot measure and any Rebuttal Argument, if needed; OR Option No. 2: 2a) Determine this action is exempt from environmental review under CEQA pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and 2b) Adopt Resolution No. 2024-58, A Resolution of the City Council of the City of Newport Beach, California, Initiating a Narrowly Focused Amendment to the Adopted and Certified 6th Cycle Housing Element to Remove the Reference to Charter Section 423 Voter Approval (PA2022-0245).  City Council Meeting July 23, 2024 Page 16 Staff Report Attachment A - Resolution No. 2024-50 Certifying the PEIR Attachment B - Resolution No. 2024-51 Amending the General Plan Land Use Element Attachment C - Ordinance No. 2024-16 Amending Title 20 (Planning and Zoning) for Overlays Attachment D - Ordinance No. 2024-17 Multi-Unit Objective Design Standards Attachment E - Resolution No. 2024-52 Local Coastal Program Amendment Attachment F - Resolution No. 2024-53 Overruling ALUC Attachment G - Resolution No. 2024-54 Calling Election Attachment H - Resolution No. 2024-55 Requesting Consolidation Attachment I - Resolution No. 2024-56 Written Arguments and Impartial Analysis Attachment J - Resolution No. 2024-57 Rebuttal Arguments Attachment K - 4-18-24 PC Staff Report, Minutes and Resolution No. 2024-006 Attachment L - 5-16-24 ALUC Staff Report and Corresponding Action Letter Attachment M - Minor Language Changes Since PC and ALUC Review Attachment N - Fiscal Impact Analysis Attachment O - Resolution No. 2024-58 Initiating an Amendment to the 6th Cycle Housing Element On the Agenda Correspondence Written Comments 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 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.