HomeMy WebLinkAbout01 - MinutesCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
June 23, 2020
I. ROLL CALL - 5:00 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
In response to Mayor O'Neill's questions regarding Agenda Item No. 9 (Old Newport Boulevard
and West Coast Highway Modifications), Deputy Public Works Director Houlihan reported the
California Environmental Quality Act (CEQA) analysis was completed and certified in 2017,
Vehicle Miles Traveled (VMT) is not an issue, the project will remove the pork chop and maintain
the three lanes on either side, and the project will not create a third lane through Mariners'
Mile.
In response to Council Member Brenner's questloy regarding Agenda Item No. 9, Deputy Public
Works Director Houlihan advised that staff has been working with A's Restaurant and Caltrans
on a land swap, noted that the project began i� 2013, and the proposal is to amend the contract
to complete the final design, added that Caltrans wants a continuous bike lane, and the General
Plan Update will not change anything in the area.
N
In response to Council Member Dixon's questioh rega&ing Agenda Item No. 9, Deputy Public
Works Director Houlihan explained the design of the intersection and the swap of land.
In response to Council Member Muldoon' tion regarding Agenda Item No. 9, Deputy Public
Works Director Houlihan stated there ar talks of eminent domain.
In response to Mayar-O'Neill's question regarding Agenda Item No. 10 (School Resource Officer
Program Agre ent), City Manage ung related that 80% of costs will shift to the City if
schools close or 30 days, if there is an extended school closure, officers will be deployed partially
to other parts of the City, and noted that staff and the Council can evaluate the agreement
annually to determine if it is needed.
In response to Council Member Brenner's question regarding Agenda Item No. 10, City Manager
Leung indicated school resource officers are utilized not just on school campuses but were
deployed to protests. Council Member Brenner suggested school resource officers work with
Lifeguards regarding drug activity on beaches and bridge jumping.
In response to Council Member Dixon's question regarding Agenda Item No. 10, City Manager
Leung explained that school resource officers are deployed to various events and activities,
including City Council meetings, during school breaks and the current cost share is split 50/50.
Council Member Dixon hoped that officers can monitor the bridge or assist Lifeguards.
SS2. Proclamation Recognizing Corona del Mar High School Principal Kathy Scott
Mayor O'Neill read the proclamation that he and Karen Yelsey, Vice -President of the Newport -
Mesa Unified School District, presented to Principal Scott on June 19, 2020. He thanked her for
her service.
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SS3. Review of the Junior Lifeguard Program [949-270-8165]
Fire Chief Boyles announced the Junior Lifeguard program began with Division A consisting of
approximately 140 kids.
Chief Lifeguard Halphide reported on the locations for the Junior Lifeguard program, reductions
in group size, disinfecting protocols, registration statistics, the cost of this year's program with
increased staffing, increased equipment, fundraising, including donations through nbjg.net, and
thanked Council and the community for their support.
Council Member Muldoon noted the community's excitement, acknowledged that $5,500 was
raised and a potential donation of $20,000 may be expected, and the Thursday fundraiser at
Helmsman Ale House could raise between $5,000-$10,000. In response to his question, City
Manager Leung indicated the City received Coronavirus Aid, Relief and Economic Security
(CARES) Act funding through the County totaling $770,000 for COVID-related expenditures
and noted that the Junior Lifeguard program qualifies for the funding. Council Member
Muldoon thanked the Fire Department and Lifeguards.
In response to Council Member Brenner's questions, Chief Lifeguard Halphide explained the
fees for participants, fundraising campaigns, and agreed to research and develop ways for
grandparents to support the program. _
Council Member Duffield expressed his desir� to donatShis $6 0 Discretionary Grant to the
Junior Lifeguard program.
Council Member Dixon stated this is `another exaq%of the Recreation and Senior Services
Departments and Lifeguard's innovative programming for children in the community and
commended staff. % d�
Chief Lifeguard Halphide iiAMjjNLeverycjMWthe July 6th opening for Divisions B, C, and D.
SS4. Residential Refuse CollikioWnd Diwsal Discussion [949-270-8175]
Deputy Public Works Direct'rr Mal�lized a PowerPoint presentation to explain Solid Waste
(SW) Management, existing residential refuse collection contracts, how the SW system works,
the currentiwo-cart residential collection system, and service issues under the current system.
In response toVCel
mber Muldoon's question, Deputy Public Works Director Martin
discussed the Mvery Facility (MRF)process.
In response toember Dixon's questions, Deputy Public Works Director Martin
indicated multiple trash carts at a residence raises suspicions that a commercial business is
operating at the residence and added that residential and commercial entities will be required
to follow certain procedures.
In response to Council Member Muldoon's question, Deputy Public Works Director Martin
stated sometimes the cans are half full and other times they are full.
In response to Council Member Brenner's question, Deputy Public Works Director Martin
related that the City does not have a way to address a commercial entity located in a residential
neighborhood, and staff is addressing that in reviewing these contracts.
In response to Council Member Dixon's question, Deputy Public Works Director Martin
explained that State mandates go into effect this year, existing service issues reduce
performance levels, and in order to fulfill mandates, contracts will have to be revised.
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In response to Mayor Pro Tem Avery's questions, Deputy Public Works Director Martin
indicated currently people can place loose bags and trash on the curb, and it will be picked up,
therefore limiting cans will help staff control the amount of waste being processed and will
encourage residents to be mindful of what they are throwing away.
In response to Council Member Brenner's question, Deputy Public Works Director Martin stated
the City has a bulk item collection service that requires a different type of truck, and hopefully
residents will schedule bulk collection in advance. Council Member Brenner noted the need for
trash collection to be convenient so that residents get rid of waste before it creates other
problems. Deputy Public Works Director Martin hoped to provide many options to dispose of
waste.
Deputy Public Works Director Martin continued his presentation with a review of State
mandates, current City diversion rates, program changes needed to accommodate State
mandates, fiscal impacts to program change, and options for the new wet/dry waste collection
cart system.
In response to Council Member Dixon's question, TrevorlLlythe, EcoNomics, Inc. consultant,
indicated cities using a three -cart system have obtaine sion rates of 50% or more.
Deputy Public Works Director Martin further pr t formation regarding goals for
amended or new City residential solid waste co acts. �k
Mayor O'Neill referenced a PowerPoint slid discus the complexity of current contracts
(Newport Coast vs. City contract), the subcommittee's opinion in favor of negotiating a Citywide
contract, the need to meet two different diversion requirements, the need for a green -top cart, a
preference not to have another truck on the road_in c� tn areas of the City, challenges of using
a two -cart system, and the subcommittee's request for d ection regarding amending both CR&R
contracts. Mayor O'Neill stated his preference to negotiate a combined contract that can take
care of all the issues listed in the slides, noted that there is a strong incentive for CR&R to want
to extend the contract, added the City can issue a Request for Proposals (RFP) if the contracts
cannot be renegotiated, discussed various points from the slides regarding goals, advised that
under a new contract, residents could pay for additional carts, but the Council should cap the
number of cartsandand noted that Cal$jecycle will require all cities to adopt an ordinance dealing
with residential organic waste.
A
Council Member Muldoon than ed the subcommittee for their hard work and indicated letting
residences hav too many trash cans will put the City in a bad place for negotiations and
suggested staffaetermine the actual costs in order to charge residents correctly for extra cans,
and expressed interest in placing a cap on the number of carts for residences.
In response to Council Member Dixon's questions, Deputy Public Works Director Martin advised
that current outreach has focused on the commercial program and once information is provided
on the residential program staff will solicit public input on implementation of the program and
the requirements will be set. Mr. Blythe explained that SB 1383 requires every resident to have
access to organic recycling by January 1, 2022 and in some cities the hauler conducts door-to-
door outreach.
Mayor O'Neill proposed the subcommittee negotiate with CR&R and related that the contract
is going to be very expensive and noted his expectation that the subcommittee's next action will
be to present a contract proposal for CR&R for the entire City or return to Council with the final
terms with CR&R and with a recommendation to go out to RFP.
In response to Council Member Brenner's question, Mayor O'Neill explained the reasons for
negotiating with CR&R: 1) they are the carrier for the Newport Coast and City contracts, 2) they
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Study Session and Regular Meeting
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have a contract that allows them to use our transfer station, and 3) their advanced/state-of-the-
art use of diversion in Perris, California.
Jim Mosher believed a staff report would be helpful, stated the City has voter mandates that
prohibit tacking on fees or charges for refuse, noted some trash trucks have multiple
compartments, a high diversion rate does not accomplish a lot if the overall volume of trash
increases, inquired about the source data for the 43% diversion from landfill and where diverted
waste goes, and did not believe CR&R sends its trucks to Perris.
Hoiyin Ip commended the Council for working on this during the pandemic and indicated the
importance of organic recycling and noted the Perris recycling facility has been operating during
the pandemic.
Leonard Simon suggested residents use blue bags for recyclables and place the bags in the black
bin in a two -cart system so that the sorting facility can separate recyclables from garbage.
Charles Klobe noted the slide for commercial entities and restaurants looks the same as a year
ago, group homes have several cans and should be paying fo trash, and short-term lodging could
be considered a business or hotel and be required to pad forervice.
Nancy Scarbrough suggested the City negotiate withe City of Costa Mesa to take its waste to
the City's transfer station in order to save mo
ne �.
Carmen Rawson stated the Council should con r the size of trash cans along with the number
of trash cans, placing recyclable trash cans on the beach, the handling of leaves, enforcement,
and Saturday pickup for short-term rental&only.
III. PUBLIC COMMENTS
IV. RECESS — 6:21 p.m.
V. RECONVENED AT 6:44 P.M. FOR REGULA:
VI. ROLL CALL
Present: Mayor Will O'Neill, MaVro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixonl Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
VII. INVOCATION — Council Member Muldoon
VIII. PLEDGE OF ALLEGIANCE — Council Member Brenner
IX. NOTICE TO THE PUBLIC
X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Herdman:
Utilized a PowerPoint slide to show the swim dock project completed by Public Works and Chris
Miller and thanked them for the project and for completing sand replenishment.
Attended the monthly Government Affairs Chamber meeting, two Vector Control meetings;
Aviation Committee and Tidelands Water Quality Committee meetings have been on hold but
should resume in July.
Short -Term Rental Ad Hoc Committee continues to meet with staff, constituents, and stakeholders.
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City of Newport Beach
Study Session and Regular Meeting
June 23, 2020
Council Member Dixon:
• Attended the Balboa Yacht Club (BYC) opening day celebration.
Council Member Duffield:
• Commended the Recreation & Senior Services Department for offering a fabulous sports camp,
which his grandchildren thoroughly enjoyed.
• Attended the BYC opening day.
Council Member Brenner:
• Worked with the Corona del Mar Business Improvement District (BID) regarding its COVID-19
response and expenditure of funds.
• Attended meetings of the Corona del Mar Residents Association and its Historical Subcommittee
and met with their members to capture all the City's resources and prepare historical films.
• Requested future agenda items regarding limitations on implementation of residential parking
programs and on environmental protections.
Mayor O'Neill:
• Reported the Transportation Corridor Agency (TCA) & San Joaquin Hills (TCA) Boards adopted a
new debt policy modeled on Newport Beach's policy.
• Thanked the Newport Beach Foundation and residents for feeding and supporting the Newport
Beach Police and Fire Departments. Iff
• Announced his office hours have been canceled, -,-a specia)meeting regarding appeal of the
Encroachment Permit for Ensign Intermediate Ichool on ursday at 3:00 p.m., and a Housing
Subcommittee meeting on July 1 at 6:00 p.m. if
XI. PUBLIC COMMENTS ON CONSENT CALENDAR
Mayor O'Neill exercised the Mayor's prerogative to remove AOnda Item Nos. 11 (Approval of COVID-
19 Relief Funding Support for the Balboa Village Merchants Association) and 12 (Approval of COVID-
19 Relief Funding Support for the Balboa Island Merchants Association, Inc.) from the Consent
Calendar and placed them on the'agenda �ollowinggenda Item No. 20 (Novel Coronavirus Update).
ff
Council Member Muldoon registered "no" votVs on Agenda Item Nos. 3 (Ordinance No. 2020-10:
Amending Exhibit A to�N�Tport Beach Municipal Code Section 3.36.030 Related to Cost Recovery) and
14 (Temporary Employment Agreement for a Principal Planner).
Council Member Brenner requested the Minutes for the June 1, 2020 Special Meeting reflect her
question of what the Cqunty, plans to do with the other $325 million they were given for COVID relief.
Because Council received an extraordinary number of applications for COVID-19 relief funding, she
wanted the Council to consider asking for additional funds from the County.
W,
Jim Mosher, addressing Agenda Item No. 15 (Planning Commission Agenda for June 18, 2020 Meeting),
noted in the past the City Council heard an oral report from the Planning Director, discussed the
Planning Commission's approval of Fire Station 2, which will be located on a parcel zoned Commercial
Visitor -Serving, noted fire stations are supposed to be located on parcels zoned as Public Facility (PF),
and suggested Council call the approval for review to inquire about changing the zoning designation of
the parcel.
Charles Klobe, addressing Agenda Item No. 9 (Old Newport Boulevard and West Coast Highway
Modifications Amendment No. Five), indicated the staff report states the proposed improvements
include adding a third lane, a right -turn pocket, and a bike lane and noted the staff report does not
contain a picture of the proposed improvements, believed it is inappropriate to expect residents to
remember Caltrans' 2017 approval, and suggested Council remove it from the Consent Calendar and
refer it to Public Works for further review due to resident concerns pertaining to the widening of Pacific
Coast Highway through Mariners' Mile.
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City of Newport Beach
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June 23, 2020
Nancy Scarbrough, addressing Agenda Item No. 9, questioned the logic of spending an additional
$139,000 at this time when the City would study the Traffic Element as part of the General Plan
Update, stated widening Pacific Coast Highway is a controversial subject for many residents, added
that the project needs to involve residents and businesses, and the project should be delayed and
incorporated into the General Plan Circulation Element.
XII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the June 1, 2020 Special Meeting and June 9, 2020 City Council Meeting [100-
20201
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 ADOPTION
3. Ordinance No. 2020-10: Amending Exhibit A to Ne ach Municipal Code Section
3.36.030 Related to Cost Recovery [100-20201
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) Conduct second reading and adopt Ordinance No. 2020-10, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code
Section 3.36.030 Related to Cost Recovery.
Council Member Muldoon voted' " n Item No. 3.
RESOLUTIONS FOR ADOPTION � 10
4. Resolution No. 2020-60: Adoption al Year 2020-21 Appropriations Limit [100-20201
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant toAections 1500(c) 2 land 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical changto tie environment, directly or indirectly;
b) Adopt Resolutiv No. 202,)-60, A Resolution of the City Council of the City of Newport Beach,
California, Determining and Establishing an Appropriations Limit for Fiscal Year 2020-21 in
Accordance with Article XIIIB of the California Constitution and Government Code Section 7910,
in the amount of $ 209,205,320.
5. Resolution No. 2020-61: Supporting the Orange County Board of Supervisors'
Determination that Houses of Worship are Essential Services and Supporting In -Person
Religious Assemblies [100-20201
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. 2020-61, A Resolution of the City Council of the City of Newport Beach,
California, Supporting the Orange County Board of Supervisors' Determination that Houses of
Worship are Essential Services and Supporting In -Person Religious Assemblies.
6. Resolution No. 2020-62: Recognition of Hoag Memorial Hospital Presbyterian [100-20201
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
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City of Newport Beach
Study Session and Regular Meeting
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b) Adopt Resolution No. 2020-62, A Resolution of the City Council of the City of Newport Beach,
California, Supporting and Commending Hoag Hospital for Going the Extra Mile to Care for,
Educate and Protect the Residents of Newport Beach and Orange County During the COVID-19
Outbreak and Supporting Hoag's Effort to Become Independent of Providence Health.
CONTRACTS AND AGREEMENTS
7. Amendment No. One to Maintenance and Repairs Services Agreement with Zebron
Contracting, Inc. for Sewer Manhole Lining Services (C-8516-1) [38/100-2020]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Approve Amendment No. One to the Maintenance/Repairs Services Agreement with Zebron
Contracting, Inc. for as -needed sewer manhole lining services, which extends the contract term
for two additional years and increases the contract compensation by $150,000, and authorize
the Mayor and City Clerk to execute the Agreement.
8. Amendment No. One to Professional Services Agreemenwith Sampson Oil Company for
Oil Well Management Services (C-8490-1) [38/100-2020] S
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, directlybr indirectly; and
b) Approve Amendment No. One to the Professional Services Agreement with Sampson Oil
Company for Oil Well Management Services, which extends the contract for two additional years
to July 31, 2022 and increase the total not -to -exceed contract amount by $1,578,768; and
authorize the Mayor and City Clerk to exec to the Agreement.
9. Pulled from the Consent Calendar —
10. School Resource Officer Program Agreement (C-8510-4) [38/100-2020]
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 enviropment, directly or indirectly; and
b) Approve the Agreement between the.9Ay of Newport Beach and NMUSD to participate in the
School Resou Officer Program and authorize the Mayor to execute the Agreement on behalf
of the City. VW
11. Pulled from the Consent Calendar
12. Pulled from the ConWht Calendar
13. Mutual Termination of Cooperative Agreement between the City of Newport Beach and
The Regents of the University of California for the Marina Park Community Boating
Program (C-6282) [38/100-2020]
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;
b) Recommend the City waive the right to one (1) year prior written notice of termination to
terminate the Agreement which shall take effect June 30, 2020;
c) Authorize the purchase of six (6) 2011 Waterline J-22 boats in the amount of $120,000 from the
Regents of the University of California for continued use in the Marina Park Boating Program;
and
d) Approve Budget Amendment No. 020-051 appropriating $35,062 in additional revenue from
account 0107023-521427, $57,228 reduction in expenditure appropriations in account 0107023 -
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City of Newport Beach
Study Session and Regular Meeting
June 23, 2020
811046, and $92,290 in increased expenditure appropriations in Marina Park salary and benefit
accounts.
14. Temporary Employment Agreement for a Principal Planner (8647-1 [38/100-2020]
a) Determine the action is not subject to the California Environmental Quality Act (" CEQA")
pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly; and
b) Authorize the Community Development Director and City Clerk to execute the Temporary
Employment Agreement with retired employee Rosalinh Ung to temporarily fill the Principal
Planner position.
Council Member Muldoon voted "no" on Item No. 14."
MISCELLANEOUS
15. Planning Commission Agenda for the June 18, 2020 Meeting [100-2020]
Receive and file.
16. Grants and Donations Report for the Quarter Ending March 31, 2020 [100-2020]
a) Determine the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060 (c)(2) and 15060 (c)(2) of the CEQA Guidelines because this action
will not result in a physical change to the envfonmen4rectly; and
b) Receive and file.
Motion by Mayor Pro Tem Avery, seconded by Council Member Herdman, to approve the
Consent Calendar, except for the items removed (9, 11 and 12); and noting the "no" votes on Item Nos.
3 and 14 by Council Member Muldoon, and the, amendment to Item No. 1.
The motion carried unanimously.
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR —Item Nos. 11 and 12 were discussed
later during the meeting a
9. Old Newport Boulevard and West Coast Highway Modifications — Amendment No. Five
to Profession Services Agreement with Kreuzer Consulting Group (Contract No. 5244)
[38/100-2020]
Council Member Brenner hoped the public realizes the Council hears public comments expressed
p p p � p
interest in the project, and acknowledged resident concerns about projects along Mariners' Mile and
in Newport Heights th7appear to widen Coast Highway.
Deputy Public Works Director Houlihan utilized a PowerPoint slide to display the new project design
and reported the project was initiated in 2013, the environmental document was completed and
certified in 2017, residents had an opportunity to comment during the environmental document
process, and Caltrans now wants to design and implement Alternative 1 from the environmental
document.
In response to Council Member Brenner's questions, Assistant City Engineer Sinacori explained
that many public comments were received during the environmental document process, noted that
this was the number one bike safety improvement recommended in the Bicycle Master Plan, stated
that Caltrans asked staff to reconsider the original design, clarified that this intersection has
nothing to do with Mariner's Mile, detailed this project will fix the nine parking stalls that back into
Coast Highway from A Market, noted that A Market prefers Alternative 1 and the project will not
make it easier for Pacific Coast Highway through Mariner's Mile to be widened, advised that the
proposed project is a better alternative for the community, noted Caltrans considers the overall area
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June 23, 2020
an interchange because of the ramp connections, stated the design of Alternative 1 will cost another
$139,000, and stated that staff believes Alternative 1 is better than the original design.
Mayor Pro Tem Avery believed the intersection is not safe for bicyclists, residents' concerns are well
founded, and more discussions with Newport Heights residents were needed. In response to his
question, Assistant City Engineer Sinacori indicated residents of Santa Ana Avenue have been
waiting for sidewalk improvements included in the project.
In response to Council Member Herdman's questions, Assistant City Engineer Sinacori explained
the difficulty of navigating the intersection when motorists and bicyclists are traveling westbound
at sunset, the only widening will occur in front of A Restaurant parking, and this is a great project
that addresses safety issues.
Council Member Dixon noted the area is a targeted safety area for bikes, the "third" lane is already
there and feeds into the pork chop, the "third" lane turns onto Old Newport Boulevard, and this is
a good plan that is not an expansion of Coast Highway. Assistant City Engineer Sinacori advised
that removing the pork chop does not improve bike safety. Council Member Dixon stated the new
lane will expand into the Caltrans lot. Assistant City Engineer nacori used the map to explain the
project's effect on parking and the property swap.
Council Member Duffield related that this is a
approved by all the agencies.
.g problem and hoped it gets
Charles Klobe thanked Council Member Brenner To—T pulli* them for discussion, respected
Deputy Public Works Director Houlihan's and Assistant City Engineer Sinacori's work, believed
adding the map to the staff report would have helped, and agreed that the project seems like a
reasonable alternative and involves trading privat�andj�ublic property.
Motion by Council Member Muldoon, 'seconder Council Member Herdman, to a) find
the requirement for environmental review under the California Environmental Quality Act
("CEQA") is satisfied by Caltrans preparation and filing of an Initial Study and Negative Declaration
in accordance with CEQA and the CEQA guidelines. The IS/ND concludes that no significant impact
on the environment would occur when following Caltrans standards and conditions and no
mitigation measures are necessary. Caltrans adopted the IS/ND in February 2017; b) approve
Amendment No. Five to Kreuzer,C,onsulting Group's PSA, to add $139,129 to the current contract
for a total not-tuOexceed amount of $669,938, extend contract to June 30, 2023; and c) authorize the
Mayor and City Clerk to execu�e t�-Famendment.
The motion carrie 6nimously.
XIV. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Dennis Baker reported the prior week Still Protecting Our Newport (SPON) moved to hire an attorney
to pause the Ensign Intermediate School project, and the City is named as a party of interest and
expressed sadness for the loss of the trees and for Newport -Mesa Unified School District's (NMUSD)
actions.
Nancy Barfield discussed rumors about the Ensign project, the attitude of the tree removers, her email
to Dr. Sciacca, Principal, noted the meeting with Council is scheduled for Thursday, and stated that
NMUSD needs to work with the City.
Jim Mosher noted the Council adopted the Budget at its last meeting and the California Coastal
Commission (CCC) held a virtual meeting regarding private encroachments at Peninsula Point for
which the City will pay $500,000, inquired whether the $500,000 was in the Budget and, if not, how and
where will it be added, and asked if the City has a plan to recover the $500,000 from the homeowners
who caused the problem.
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Brooklyn advocated for creating a welcoming environment and expressed interest in Newport Beach
Police Department's training and removing the Police Department's budget.
At Mayor O'Neill's request for staff to respond to Mr. Mosher's questions, Deputy Community
Development Director Campbell explained that the City agreed to the CCC's consent orders that
obligate the City to remove the existing encroachments, staff did not budget for that because the precise
cost will not be known until bids are received, and staff will deal with the Budget at that point.
XV. CURRENT BUSINESS
17. Community Programs and Special Event Grant Recommendations for Fiscal Year 2020-
21 (C-8281 & C-8082) [38100-20201
In response to Council Member Dixon's questions, Assistant City Manager Jacobs indicated
community events are fee waivers only and staff denied Orange County Coastkeeper's application
because the City has many organizations that do free beach cleaning. Council Member Dixon wanted
Council to reinstate Coastkeeper's application. Assistant City 1Vnager Jacobs advised that staff did
not allocate $6,000.
In response to Council Member Herdman's questions, Assistant City Manager Jacobs related that
with the Coastkeeper's grant, $1,000 will remain, $5,000 remains iA,the community and charitable
events category, and if funds are not allocated, they will relern to the General Fund. Historically,
this has been the opportunity for the Council to allocate fun. if
Council Member Brenner believed paying4Rbtirganization to do the same job or another aspect of
the same job that other organizations do at no cost would beoffensive.
Mayor O'Neill indicated he spoke with City Manager Leung about the issue and some of these events
may not happen. Whateverthepcil approves, the item should return to the Council in six
months.
In response to Council Meihber Dixon's qu st'fon, Mayor O'Neill believed it is appropriate for the
Council to show the value and, if som rams proceed, they should receive the money. This is
money taken from?General Fund reserves. The Council may or may not reallocate the funding.
Council Member'Dixon suggested the Coastkeeper application be held in abeyance for Coastkeeper
to propose another program that does not duplicate an existing free service.
Mayor O'Neill love port -Mesa Spirit Run because it is a health-related event geared to
children.
Jim Mosher noted a fee waiver request for Speak Up Newport for use of the community room and
inquired whether the request is new, whether it has enjoyed a subsidy in the past, and whether
other community groups will be entitled to the same consideration.
Diane Daruty used a PowerPoint presentation to highlight reasons for supporting the Spirit Run
and requested Council approve the staff recommendation and consider granting the remaining
$5,200 to the Spirit Run.
Hoiyin Ip did not know if Coastkeeper receives money from the City, stated Coastkeeper does a lot
for the City and Newport Bay, believed the City should reward the real organizations, and shared
motivations for organizations to hold cleanup events.
Robert Morris, Newport Ocean Sailing Association (NOSA), indicated the Newport to Ensenada
Race would not receive a grant because funds awarded the prior year should be carried over to next
year's event, discussed the actions taken for the 2020 race and the result of not receiving the grant
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City of Newport Beach
Study Session and Regular Meeting
June 23, 2020
money this year, requested Council reconsider the Newport to Ensenada Race's application for
$10,000, and committed to hosting the event in 2021.
Mayor O'Neill was inclined to accept staff s recommendation and proposed staff return in six months
to review the events and funding.
Council Member Dixon requested a priority for Coastkeeper and NOSA.
Mayor O'Neill proposed staff return with information at the Council's second meeting in November
and invite Coastkeeper and NOSA to provide updates for possible reallocation of funding.
Motion by Mayor O'Neill, seconded by Council Member Herdman, to a) determine this action
is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2)
and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to
the environment, directly or indirectly; b) pursuant to City Council Policy A-12, find that the
organizations listed below provide community services or programs that serve residents and are
beneficial to residents' quality of life and authorize the allocation of $54,000 of the Community
Programs Grants in the following manner:
Advocate for Grandparent Grandchild Connection
$ 3,000
Balboa Island Museum and Historical Society
$10,000
Helping Hands, Our Lady Queen of Angels
$12,500
Newport Bay Conservancy
$1,000
Newport Beach Historical Society
.$5,000
Newport Beach Sister Cities Association
$2,000
Newport -Mesa Family YMCA of Orange Count
$3,000
Second Chance Orange County
$5,000
Someone Cares Soup Kitchen �
$7,500
Total — V—,w $54,000
In addition, consider providing San Diego ood Bank and Speak Up Newport a fee waiver for
the cost of renting the Community Room lWheir recurring community programs (approximate
value of $13,293); c) waive City Council PoITcy A-12 regarding $75,000 to be expended each fiscal
year for the Community Programs Grants, in favor of a reduction to $60,000 due to current
budget concerns; and d) pursuant to City Council Policy A-12, find that the special events listed
below are nAritorious community, social or athletic events that provide beneficial to residents'
quality of life, and authorize the allocation of $294,800 of the Special Event Grants in the
following man INr:
Community & Ch itable Events Recommendation
Annual Corona del Aar Christmas Walk $5,000
Annual Coronal Mar Scenic 5K $12,750
Annual Newport Classic Surf Contest $1,500
Balboa Island Carnival & Taste of Balboa $2,700
Balboa Island Parade $9,300
Balboa Island Tree Lighting and Snow Day $1,100
Corona del Mar Sand Castle Contest $650
Field of Honor $2,800
Gourmet by the Bay, Back Bay Bash 2020 $1,000
Lobsterfest at Newport Beach $2,000
Newport Beach Garden Tour $500
Wooden Boat Festival $500
Total $39,800
Signature Events Recommendation
Hoag Classic $15,000
Komen Orange County More than Pink Walk $10,000
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Newport Beach Christmas Boat Parade $50,000
Newport Beach Film Festival $150,000
Newport Beach Restaurant Week Winter Event $9,000
Newport -Mesa Spirit Run $21,000
Total $255,000;
e) Bring the item back at the November 24, 2020 City Council meeting for possible reallocation
of funds; and
f) Invite Coastkeepers and Newport Ocean Sailors Association (NOSA) to provide Council with
information.
The motion carried unanimously.
18. Resolution No. 2020-63: Underground Utility Assessment District No. 111 -Authorization
of Limited Obligation Improvement Bonds (C-8648-1) [38/100-2020]
Council Member Muldoon recused himself due to prior business interest conflicts.
Motion by Mayor O'Neill seconded by Council Member 'xon, to a) determine this action is
exempt from the California Environmental Quality Act (VQl 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. 2020-63, A Resolution of the City
Council of the City of Newport Beach, California, Authorizing th&Issuance and Sale of Limited
Obligation Improvements Bonds with Respect tossessmenl,District No. 111; and c) authorize the
City Manager and or designee to take any and all%r4ons necessary to execute and deliver any and
all documents deemed necessary or advisable in consultation with the City Attorney and Bond
Counsel in order to carry out the intent of this rgsolution, the Fiscal Agent Agreement and the Term
Sheet.
With Council Member Muldoon recusiiiig himself, the motion carried 6-0.
19. Ordinance No. 2020-15: Amending the INewport Beach Municipal Code Restrictions for
Short Term Lodging; and Emergency Ordinance No. 2020-006: Restricting the Short -Term
Rentals on Newport Island to a Minimum of Four Consecutive Nights [100-2020]
Community Development Director Jurjis utilized a PowerPoint presentation to discuss the ad hoc
committee's meetings and public interactions, the Emergency Ordinance and the Short -Term
Lodging Ordinance, an active properties history, short-term lodging phases, the ad hoc committee's
recommendations, Tforcement, resources for a 24-hour answering service, staffing, and permit fees,
and a preview of upimcQ, n topics.
In response to Council Member Dixon's questions, Community Development Director Jurjis advised
that the active properties history reflects the number of properties rather than the number of units.
Mayor Pro Tem Avery noted there are good operators and bad lodgers; if there is not a requirement
for an owner/operator to live on the property, then the City needs a robust system to identify bad
operators and to cite people, the fees should be passed on, and the City should support its residents
by maintaining enforcement.
Mayor O'Neill thanked the subcommittee for their efforts.
Council Member Dixon stated the subcommittee wanted to protect residents and respect the
businesses that are good operators, and these are the first Code amendments regarding quality of
life violations. In response to Council Member Dixon's questions, Community Development Director
Jurjis indicated the City has no real regulations for short-term lodging other than limited
regulations for noise, reported to date, staff has received 130 complaints on the code enforcement
side, not counting complaints to the Police Department. Council Member Dixon related that the
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City of Newport Beach
Study Session and Regular Meeting
June 23, 2020
volume of letters indicates there are clearly issues with quality of life and read provisions from other
coastal cities.
Council Member Herdman referred to comments that the Council wants to ban short-term rentals
completely in the City, noted that in a recent meeting, short-term rental operators in a particular
geographical area encouraged the subcommittee not to ban short-term rentals completely, and
stated that implementing the revisions to the Code will cause the units that are having negative
impacts to eliminate themselves such that Council will not have to ban this industry from the City.
Jeff Bosson, SeaBreeze Vacation Rentals, supported three -night minimum stays in all areas of the
City, properties providing parking, the two -person per bedroom plus two maximum occupancy,
exterior signage, and the industry standard of three violations per year results in suspension of a
permit and did not support a limit on the number of permits, including a permit number in listings,
and owner -occupied rentals. He inquired whether placing a cap on the number of permits and
requiring owner -occupied rentals would constitute a change in use and require CCC approval.
Debbie Stevens, Corona del Mar Residents Association President, used a PowerPoint presentation
to summarize the results of a short-term lodging survey. _
Dennis Baker, SPON Treasurer, complimented Council for taking this in phases and indicated
SPON supports the City's efforts regarding short-terng.
Nancy Alston, SPON Board Member, advised tht she ha researched and suggested short-term
lodging regulations, discussed Los Angeles and Sa& ,Monicvegulations for short-term rentals and
the history of rentals in Newport Beach, and stated short-term rentals diminish the supply of long-
term housing. 4NA&...
Rod Adams, Newport Island short-term lodging owner, supforted some restrictions and addressing
nuisances, appreciated the slight changes betweewoordinances 2020-003 and 2020-006, and
questioned the Council singling out Newport Island.
� r
Meagan Cooper, Newport Island short-term lidging owner, indicated Newport Island is being
singled out, restrictions on Newport IslanAave put her in a difficult position to cover her mortgage,
and wanted Newport Island to be treated like other areas of the City.
Larry Leifer, Newport Island, believed the presence of short-term rentals are analogous to the
COVID-19 pandemic, short-term rentals introduce a commercial element that lacks acceptance by
neighbors and are incompatible with what residents should tolerate, and stated that requirements
for short-term lodging should include an onsite owner, a minimum one-week rental, onsite parking,
inspections, and penalties.
Mike Ivey supported short-term lodging, did not believe Newport Island is different from any other
island, believed residents' underlying motive is to remove all short-term lodgings from Newport
Island, and asked Council to treat Newport Island as equal rentals.
Jim Miller shared his experiences of living near short-term lodging after Airbnb came to Newport
Island, city councils across the U.S. are stopping their communities from being destroyed and
believed that not everyone screens their renters.
Lori Bowman supported lifting the ban on Newport Island and understood the need to ban short-
term rentals during COVID-19, but the ban for Newport Island is unfair.
Sandy Pearson shared her experiences living on Newport Island next to a short-term rental, asked
Council to adopt regulations such as decreasing occupancy, changing the minimum stay to one
month, to increase enforcement, and to allow punitive citations and fines based on videos and photos
provided by residents, and believed management companies should be fined as well as owners.
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City of Newport Beach
Study Session and Regular Meeting
June 23, 2020
Gary Cruz believed an onsite owner resolves a lot of problems, suggested more enforcement of
existing rules, and understood there was a high percentage of short-term lodging on Newport Island.
Thomas Horton explained why Newport Island is different and supported the City's attempts to
retain quality of life and the phased approach.
Jim Mosher inquired regarding the edits mentioned in the Community Development Director's
presentation and believed the Emergency Ordinance should be a regular ordinance. Mayor O'Neill
reported the edits were derived from Mr. Mosher's comments.
Craig Batley stated he refuses to operate short-term lodging on Newport Island and Newport Shores
because they are residential neighborhoods and supported stricter enforcement.
Max Johnson believed the Peninsula is the mecca for short-term lodging, restrictions should be
enacted, higher fines and phasing is appropriate, and the Peninsula is a war zone.
Joe Bowerbank, Newport Island, noted changes to Newport Isjind since he moved there 10 years
ago and believed there needs to be a balance of permitted -1-ort-Term lodging on Newport Island.
President of Newport Island Community Association believed that some owners of short-term
lodgings ensure their tenants are vetted, but the raAjority of owners are not good managers and
reviewed the results of a survey of Newport Island property owners.
Ms. Wyatt indicated quality of life is an issue for residents of Newport Island, an influx of short-
term lodging has created parking issues and traffic hazards, and asked Council to explore additional
means to protect residents' safety and to cap the number of short-term lodgings.
Don Abrams advised that his company manages vacation rentals and rents to families, supported
most of the new restrictions, believed most complaints about vacation rentals are not true, and he
opposed the limit on total finer and Oing permits if not used after two years.
Dr. Baccaro, vacation rental owner, indicated all her properties have security cameras that are
monitored, inquirej about protection4_ against neighbors trying to sabotage rental units, and
believed renters arf being singled out.
An unidentified speaker did nol believe that 75% of residents are against the detrimental effects of
short-term lodging,.�indicated the proposals for Phase 1 and Phase 2 are necessary, and believed 98%
of short-term lodging n disrepair.
Patricia Grady felt as thouarfl igh she is being punished for living in her home and questioned whether
she should wait for a solution.
Larry Robinson stated Newport Island is unique, he was told Newport Island had no short-term
lodging when he purchased his property, supported owner occupation of the property and a
minimum stay of a month, and noted the lack of monitoring short-term rentals.
Gary Sherwin, Visit Newport Beach President, related that tourism in Newport Beach is always a
balance of business and quality of life and Visit Newport Beach supports staff's proposals.
David Grouse advised that over the past several years his neighborhood has changed from owner -
occupied and long-term rental housing to nine short-term rental houses located within 1% blocks of
his home, believed enforcement is the key issue, and suggested limiting short-term lodging to one
every block or 500 feet and providing a 24-hour telephone line for complaints.
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City of Newport Beach
Study Session and Regular Meeting
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Paul Hoffman believed short-term lodging compounds the parking problem on Newport Island and
indicated roads on Newport Island are one lane.
Charles Mobe stated the Council Members who could have short-term lodging near their homes,
short-term lodging lowers property values, residents' quality of life is negatively affected by short-
term lodging and supported limiting short-term lodging on Newport Island.
Jeff Jordan indicated his next-door neighbor turned her home into short-term lodging, and it became
a nightmare and hopefully the Council can protect residents.
Lisa Ducat focused on the Council's adoption of the Emergency Ordinance due to COVID-19,
believed short-term lodging is a permit and zoning issue, and stated that Newport Island should not
be singled out.
Penelope Gilbert advised that her Newport Island property has been in her family since 1946 and
the proliferation of short-term lodging has changed Newport Island.
An unidentified speaker suggested resident's need to be better eighbors and life on the island has
changed because of short-term rentals and large houses with me people and more cars.
Scott McFetters indicated all residents have had problems with short-term lodging on Newport
Island, cars block emergency access and garages, anel a preference for requiring an owner -occupied
situation or a ban through the CCC on short-termentals o Newport Island.
In response to Council Member Brenner's questions, City Attorney Harp reported the City does not
get involved in contractual affairs between a business owner and tenant. Community Development
Director Jurjis advised that the next phase includes a clause allowing a rental of less than one week
if the owner lives on the property. He reported that the City's online database for short-term rentals
can include the occupant load, occupant load is based on the Building and Fire Codes and is
calculated by dividing the floor area by 200, a separate Emergency Ordinance is needed to increase
the minimum stay to four nights, the City remains under the emergency health order, and the only
way the City can ban these items is through an emergency process.
Council Member Brenner remarked that long-term renters and property owners should not behave
in the manner of complaints about short-term renters, the City needs to make sure citations are
issued, the majority of people who have bought duplexes are business people and are losing tenants
because of nearby short-term lodging, and hoped Council has come up with some fair and equitable
solutions. MF
Council Member Dixon clarified that a short-term rental permit is a privilege, not a property right.
In response to her question, City Attorney Harp indicated a short-term rental is not a property right.
City Attorney Harp corrected scrivener's errors in Ordinance 2020-15 as noted by Mr. Mosher,
Section 5.95.065 should reflect "violates any short-term lodging permit condition;" and appeals
should go to the Finance Director.
Motion by Council Member Dixon, seconded by Council Member Herdman, to a) find 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 amended Ordinance No. 2020-15, An Ordinance of the City Council of the
City of Newport Beach, California, Amending Section 3.16.060 and Chapter 5.95 of the Newport
Beach Municipal Code Relating to Short Term Lodging, and pass to second reading on July 14, 2020.
With Council Member Muldoon voting "no," the motion carried.
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City of Newport Beach
Study Session and Regular Meeting
June 23, 2020
Motion by Council Member Dixon, seconded by Council Member Herdman, to a) find 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) pursuant to City of Newport Beach Charter
Section 412, waive full reading, direct the City Clerk to read by title only, and adopt amended
Emergency Ordinance No. 2020-006, An Emergency Ordinance of the City Council of the City of
Newport Beach, California, Prohibiting the Rental of Any Lodging Unit on Newport Island for a
Period of Four Consecutive Nights or Less, to Any Person Other Than a Medical Professional or
Emergency Responder Coming to the City of Newport Beach to Aid with the COVID-19 Outbreak.
In response to Council Member Muldoon's question, Mayor O'Neill explained the vote for the prior
motion.
Mayor O'Neill believed an Emergency Ordinance is the wrong avenue for Newport Island.
In response to Council Member Dixon's question, City Attorney Harp advised that the emergency
remains in effect, Council is saying a complete ban is not necessary and will repeal and replace the
ordinance with the four night minimum requirement, and Cou it needs to provide justification for
treating Newport Island differently from the rest of the City
Mayor O'Neill noted he could not make the findings for the original ordinance but must make the
findings to reverse the original ordinance. In response to his question, City Attorney Harp indicated
the coastal development permit was handled by CCC staff. Community Development Director Jurjis
added that the City submitted the emergency ordinance to the CCC and did not receive any
comments. Council Member Dixon stated it is only until the emergency is over. Mayor O'Neill
clarified that he did not understand hovering a night will fix an emergency situation. City
Attorney Harp suggested the basis for the emergency ordinance are similar to those of the original
ban on Newport Island: the narrow streets and the density.
1 ,
Mayor Pro Tem Avery indicated if Cquncil is note banning it; it is quashing it.
Council Member Muldoon related that, he will vrJte no because he opposes the four -night restriction.
�. 4
With Mayor O'NAcil Air Muldoon voting "no," the motion carried.
20. Novel Corona D -date [100-2020]
City ManagerOO(C
reviewed recent State actions for early Stage 3 re -openings, mandatory face
coverings, the resumtion of additional Stage 3 businesses and activities, and Health Officer approvals
as of June 19.
Fire Chief Boyles continued the presentation with statistics for COVID-19 cases and deaths, the Fire
Department's call load and responses to COVID-19 cases, and Fire personnel exposure to COVID-19.
Junior Lifeguard training for the A Division began that day, and training for B, C, and D Divisions will
begin on July 6.
Council Member Muldoon indicated he has been told the New York Times article that states that New
York patients are being sent to Orange County hospitals is accurate, those patients count toward
Newport Beach's numbers, the City's ranking compared to other Orange County cities is dropping, more
testing is good because it provides data, and Newport Beach and the County are being very responsible.
Council Member Dixon noted Council Member Muldoon is correct that the County includes those
patients in the City's statistics and Hoag Hospital's patient number is still very low. In response to her
question, Chief Boyles advised that no Fire Department employees have tested positive for the
coronavirus and that Orange County hospitals have the capacity for COVID-19 patients.
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City of Newport Beach
Study Session and Regular Meeting
June 23, 2020
Mayor O'Neill added that the document is called the Medical Health Operational Area Coordination.
City Manager Leung reported July 4th festivities will include the Old Glory Boat Parade and a flyover
and the holiday will be quite different with no mass gatherings or firework displays.
Police Chief Lewis utilized a PowerPoint presentation to review July 4th Police operations, assistance
from area agencies, the safety enhancement zone, street closures, key safety objectives including
proactive enforcement of Alcohol Beverage Control (ABC) licenses and firework violations, and
redeployment of resources to handle traffic.
In response to Council Member Brenner's question, Chief Lewis assured the community that the safety
enhancement zone in West Newport does not mean the rest of the City will be ignored in that additional
officers will be deployed across the City.
In response to Council Member Dixon's questions, Mayor O'Neill indicated face coverings are not
required on the beach, but social distancing is required. Chief Lewis advised that officers will be present
on beaches and seek cooperation to prevent people from congregating.
Deputy City Manager Finnigan, using a slide, reported the Small Business Relief Grant Program closed
on June 16, 904 applications have been received and soreed into priority tiers, grants have been
awarded to the top priority tier, and a lottery is schedule fir June 24.
Mayor O'Neill requested staff provide Council with the numbe of ap ations awarded grants in each
tier and prepare a press release.
XIII. ITEMS REMOVED FROM THE CONSENTdLft3LENDAR
11. Approval of COVID-19 Economic Relief Fundinosupport for the Balboa Village
Merchants Association (C-8644-1) [38/100-2020],
12. Approval of COVID-19 Economic Relief Funding Support for the Balboa Island
Merchants Association, Inc. (C-8645-1) [38000-2020]
Mayor O'Neill opposed approving fundingJor both organizations because both have cash on hand.
Council Member Dixon supported approving funding for both organizations because it is a unique
opportunity for the two organizations to combine marketing and the existing businesses in both
villages produce saes tax revenue and jobs and added that the two organizations should not be
penalized for being good fiscal stewards.
Council Member HexWnan reminded Council that if COVID-19 had not happened, the
recommendation likely would have been no funding for these organizations this year, conditions
have been placed on receipt of the funds, and it is a one-time expenditure.
Motion by Mayor O'Neill, seconded by Council Member Duffield, to deny COVID-19
Economic Relief Funding Support for the Balboa Village Merchants Association.
In response to Council Member Muldoon's questions, Deputy City Manager Finnigan indicated
Balboa Village's liabilities and equity total $84,335, assets include seasonal decorations, and cash
on hand totals approximately $48,000. Council Member Muldoon related that he will support
Agenda Item No. 12 but probably not Agenda Item No. 11.
Mayor O'Neill clarified that the Agenda Item Nos. 11 and 12 are basically the same because the two
organizations will combine their efforts and together, they already have sufficient funding for the
proposed program.
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City of Newport Beach
Study Session and Regular Meeting
June 23, 2020
With Mayor Pro Tem Avery, Council Member Brenner, Council Member Dixon, Council
Member Herdman, and Council Member Muldoon voting "no," the motion failed.
Motion by Council Member Dixon, seconded by Council Member Herdman, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; b) approve the Balboa Village Merchants
Association Fiscal Year 2019-20 Annual Report, Fiscal Year 2020-21 Proposed Projects and Budget,
Profit and Loss Statement for FY 2019-20 and balance sheet of current assets; c) authorize the City
Manager to allocate $40,000 in COVID-19 Economic Relief Funding Support to the BVMA in Fiscal
Year 2020-21; and d) authorize the City Manager to execute a grant agreement with the BVMA for
Fiscal Year 2020-21.
With Mayor O'Neill, Mayor Pro Tem Avery, and Council Member Duffield voting "no," the
motion carried.
12. Approval of COVID-19 Economic Relief Funding Support for the Balboa Island
Merchants Association, Inc. (C-8645-1) [38/100-2020] _
Council Member Muldoon would not support the staff recommendation because he believed Balboa
Island Merchants Association, Inc. does not represent est interests of Balboa Island.
Motion by Council Member Dixon, seconded by Council Member Herdman, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; b) approve the Balboa Island Merchants
Association, Inc. (BIMAI) Fiscal Year 2019-20 Annual Report 33 Fiscal Year 2020-21 Proposed Projects
and Budget, Profit and Loss Statement for FY 2019-20 !nd balance sheet of current assets; c)
authorize the City Manager to allocate $20,000 in COVID-19 Economic Relief Funding Support to
BIMAI in Fiscal Year 2020-21; and d) authorize the City Manager to execute a grant agreement
with BIMAI for Fiscal Year 2.020-21.
With Mayor O'Neill, Maytr�Pro Tem Avery, and Council Members Muldoon and Duffield
voting "no," the motion fail�� -
Motion by Mayor O'Neill, seeded by Council Member Muldoon, to deny COVID-19
Economic Relief Funding Support for the Balboa Island Merchants Association, Inc.
With Council Menner, Dixon and Herdman voting "no," the motion carried.
XVI. PUBLIC HEARINGS
21. Resolution No. 2020-64: Confirming the Levying of Assessments and Appointing the
Advisory Board of Directors for the Corona del Mar Business Improvement District's
Fiscal Year 2020-21 [100-2019]
Mayor O'Neill opened the public hearing.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
City Clerk Brown reported no protests were received.
Motion by Council Member Brenner, seconded by Council Member Dixon, to a) adopt
Resolution No. 2020-64, A Resolution of the City Council of the City of Newport Beach, California,
Confirming the Levying of Assessments for the Fiscal Year of July 1, 2020 to June 30, 2021 for the
Corona del Mar Business Improvement District, since the protests received were less than 50 percent
of the total assessment amount; b) determine this action is exempt from the California
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City of Newport Beach
Study Session and Regular Meeting
June 23, 2020
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 c) appoint the following Corona del Mar Business Improvement District members to
serve as the Corona del Mar Business Improvement District's Advisory Board of Directors for Fiscal
Year 2020-21:
BID Member
Representing BID Business
Ernie Caponera
Harcourts Newport Properties
Keith Dawson
Dawson & Dawson
Edward Hanley
Hanley Investment Group
Hamid Kianipur
76 Gas Station
Scott LaFleur
Representing Cafe Jardin
Scott Laidlaw
Laidlaw Schultz Architects
Jasmin Mortazavi
Mathnasium of Newport Beach
Andrea Sotomayor
Reborn Coffee CdM
Bernie Svalstad
Upland Stor King
With Mayor O'Neill, Council Member Muldoon, and Council Member Duffield voting "no,"
the motion carried. _
22. Resolution No. 2020-65: Confirming the Levying of Assessments and Appointment of the
Advisory Board of Directors for the Newport Skeach Restaurant Association Business
Improvement District's Fiscal Year 2020-2021 IT
0191
City Clerk Brown reported no protests were received. jr
Mayor O'Neill opened the public hearnlW
Hoiyin Ip noted planning for Restaurant Week began inoril, but restaurants were closed until
recently, publicity for Restaurant Week must be creative to bring in customers, and hoped Council
could come up with a service t policy for trash reduction because it is pro-business, cost
effective, and ocean friendly.
Hearing no further testi o y, Mayor O'Neill closed the public hearing.
i
Motion by Council Member Herdman, seconded by Council Member Dixon, to a) adopt
Resolution No. 2020-65, A Res lu?i' n of the City Council of the City of Newport Beach Confirming the
Levying of Assessment for the iscal Year of July 1, 2020 to June 30, 2021 for the Newport Beach
Restaurant Associa on Business Improvement District, since the protests received were less than 50
percent of the tota� assessment amount; 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 thl ction will not result in a physical change to the environment, directly or
indirectly; and c) appoint the following Newport Beach Restaurant Association Business
Improvement District members to serve as the Newport Beach Restaurant Association Business
Improvement District's Advisory Board of Directors for Fiscal Year 2020-21:
BID Member Representing BID Business
Mark Bunim Hopdoddy Burger Bar
Philip Crowley Modo Mio Cucina Rustica
Thaddeus Foret Pirozzi
Juan Carlos Godinez Tavern House Kitchen + Bar
Marin Howarth Arc Butcher & Baker
Jordan Otterbein A Restaurant and A Market; CDM
Kenyon Parr Five Crowns
Nicole Paskerian Buddha's Favorite
Eunjoo Pluenneke Balboa Lily's; Boardwalk by Balboa Lily's
Christopher Roman Fork, Knife + Spoon
Talia Samuels Representing Mutt Lynch's
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City of Newport Beach
Study Session and Regular Meeting
June 23, 2020
With Mayor O'Neill voting "no," the motion carried 6-1.
Motion by Mayor O'Neill, seconded by Council Member Muldoon, to waive A-1 and to
discuss the final agenda item since it is past 11:00 p.m.
The motion carried unanimously.
23. Ordinance No. 2020-16: Introduction of a Nonconforming Sign Code Amendment (PA2019-
184) [100-20191
Council Member Duffield recused himself due to business interest conflicts.
In response to Council Member Dixon's question, Mayor O'Neill indicated CCC approval is needed
if the Council wants to extend the period or amend the General Plan. City Attorney Harp added that
a vote of the people is not required under General Plan provisions and either process will require
the same amount of time.
In response to Council Member Dixon's question, City Attorne) Harp advised that the resolution
will return to the Planning Commission, who will prevent historical signs from being eliminated.
Council Member Brenner questioned whether the Council should ii4ake a late-night decision when
staff has put a lot of work into this and a lot of businessehave brought their signs up to code.
Mayor O'Neill explained that it applies to existing�ns onl ifuture signs will have to comply with
Code requirements, repairs cannot change signs, and both the Council and the Planning
Commission have vetted it. Council MemberD*on added that the significant ordinance will remain
in effect. A
In response to Council Member Brenner's question4or O'Neill indicated replacement of signs
will be handled on a case-by-cas 's.
Mayor O'Neill opened the public hearing
Craig Batley support -e- the Planning Commission recommendation and indicated the same
discussion will occur if the decision is delayed five or ten years from now and a lot of signs will go
away over time
Jim Mosher sutppo ed the Planning Commission recommendation, suggested Council continue the
item to the next meeting in order to debate it, discussed where the 2005 Code came from, and noted
no public comments were offered at the Planning Commission meeting and only two public
comments at three Council meetings.
J.C. Clow, Winery Restaurant, supported the Planning Commission recommendation, stated in
these challenging times, improving signs will be a huge inconvenience and an unnecessary cost for
business owners, and commended Deputy Community Development Director Campbell's
presentation to the Planning Commission.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
Motion by Council Member Muldoon, seconded by Council Member Dixon, to a) find this
project categorically exempt from the California Environmental Quality Act ("CEQA') pursuant to
Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3; b) waive full reading, direct the City
Clerk to read by title only, introduce Ordinance No. 2020-16, An Ordinance of the City Council of
the City of Newport Beach, California, adopting Zoning Code Amendment No. CA2019-007 to Amend
Section 20.42.140(A) (Nonconforming Signs) of Title 20 (Planning and Zoning) of the Newport Beach
Volume 64 - Page 454
City of Newport Beach
Study Session and Regular Meeting
June 23, 2020
Municipal Code to Extend the Amortization of Nonconforming Signs (PA2019-184), and pass to
second reading on July 14, 2020; c) adopt Resolution No. 2020-66, A Resolution of the City Council
of the City of Newport Beach, California, Initiating Amendments to the City of Newport Beach
General Plan Natural Resources Element and the Local Coastal Program Coastal Land Use Plan
Related to the Amortization of Nonconforming Signs (PA2019-184).
With Council Member Duffield recusing himself, the motion carried 6-0.
XVII. MOTION FOR RECONSIDERATION - None
XVIII. ADJOURNMENT - 11:10 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 June 18,
2020, at 4:00 p.m.
Leilani I. Brown
City Clerk
Volume 64 - Page 455
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
June 25, 2020
I. CALL MEETING TO ORDER - 3:00 p.m.
II. ROLL CALL
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman
Absent: Council Member Kevin Muldoon (excused)
III. INVOCATION - Mayor O'Neill
IV. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Avery
V. PUBLIC COMMENTS ON NON -AGENDA ITEMS - None
VI. PUBLIC HEARING
1. Review of Cliff Drive Encroachment Permit No. N2020-0366 at Ensign Intermediate School
[38/100-2019] -
Deputy Public Works Director Houlihan utilized atat to display the project, discussed City
authority for school projects and the City's jurisdi ion, detai4ed interactions between the City and
Newport -Mesa Unified School District ( ool District), displayed the City's alternative plan,
discussed the timeline for the encroach mit approval, and highlighted the improvements
listed in the permit.
In response to Mayor O'Neill's questions, City Attor Harp explained that Council needs to look
for evidence that supports each of thereeendings and determine if there is significant interference
with vehicular or pedestrian traffic o ark;, spaces.
Deputy Public Works�irectar Houlihan ntinued the presentation with a map of the School
District's proposed, jdght-of-way improv ents.
In response to Council Member Dixon's and Mayor O'Neill's questions, City Attorney Harp indicated
federal laws limit when tree removal can occur, and there are also environmental concerns, noted
some enforcement mechanisms are within the purview of City enforcement officers and they did not
see any violations, advised that there is no City permit to be obtained for this project, advised that
laws, rather than permitting requirements, regulate when construction can occur and when trees
with bird nests can be disturbed, and concluded that from his discussions with the Police
Department, there were no violations of any laws associated with the tree removal.
Mayor O'Neill noted permitting and enforcement are separate issues, and the hearing pertains to
permitting. City Attorney Harp stated enforcement and violation of laws pertaining to the removal
of trees is not before Council today and if this were a private project, the City could place conditions
on it, noted that the City did not issue a permit for the work done on school property, clarified that
the trees and birds are not part of the matter before the Council today, and added that only the
encroachment into the public right-of-way and the issuance of permits for the driveway approaches
are before the Council.
In response to Council Member Brenner's question, City Attorney Harp explained that the City has
no regulatory control over zoning or building permits for State properties as those are examined by
the State architect, noted that the City does not issue a permit for any work on school property and
would not be involved in this project but for the proposed changes to the City's street, and added
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City of Newport Beach
Special Meeting
June 25, 2020
that what the School District does on its property or if it violated any laws is not before Council
today. Council Member Brenner suggested a future discussion of the process and how this could
have been prevented.
In response to Council Member Dixon's question, City Attorney Harp advised that the applicability
of zoning laws and building permits depends on the type of entity, as all entities are obligated to
comply with State and local laws.
Mayor Pro Tem Avery believed school districts are separate entities, and the City's only real interest
is fire protection, requested this special meeting because residents have expressed their concerns
but have not felt they were being heard, felt having a forum for people to express their views on how
this process rolled out is important, and stated he did not take issue with the permit but with the
community feeling their concerns have been disregarded and hoped there will be more ways for the
community to be involved in these types of neighborhood projects.
Spencer Covert, School District General Counsel, indicated project plans and specifications are
approved by the State of California Division of State Architect, displayed the project, cited the three
conditions of replacing trees, described working with the City uborist, reported the School District
agreed to and complied with the City's conditions, and noted appreciation for Council quickly
bringing this matter for hearing because the project needs to be completed before staff returns to
school on August 19. Mr. Covert discussed his letter to the City Attorney indicating the contractor
will commence work on School District property, Ahe Boarcfi of Education's authority to make
decisions regarding projects, the safety plan, the City perWit, and a letter from the School Site
Council, which are attached to his report. Mr. Covert further provided a detailed chronology that
shows a face-to-face meeting on March 11 between City and School District staff, which is contrary
to the statement in the staff report that'Z!!c City has not received any feedback regarding its
alternative design, topics covered in the March t1 meeting, and various communications and
meetings that began in October 2018, incl1ling five public -Board of Education meetings.
11 . mow
Martha Fluor, School District Board Member, noted the District's relationship with the City, the
Police Department, and the .school resource officer program, the design of Ensign Intermediate
School for student safety, other schools included in the School District's safety and security program,
and a letter from the president of the Ensign School Site Council. She read excerpts from the
president's letter, an email regarding the project, and stated that the Board of Education urges
Council to uphold &e Public Works Director's decision.
Ex parte communications:
Mayor O'Neill disclosed a meeting with Board Members Fluor and Yelsey and Superintendent
Navarro and communications with Board Members Yelsey, Ms. Barfield, and Mr. Greer.
Council Member Herdman disclosed no communications.
Council Member Duffield disclosed no communications.
Council Member Dixon disclosed communications with Ms. Barfield.
Council Member Brenner disclosed communications with Board Members Fluor, Yelsey, Black,
Anderson, Snell, and Metoyer, Mr. Greer, Ms. Barfield, Ms. Scarbrough, Mr. Klobe and some others.
Mayor Pro Tem Avery disclosed meetings with Dr. Navarro and Board Members Fluor, Yelsey and
Black.
Mayor O'Neill opened the public hearing.
Carol Anne Dru noted the absence of trees and birds and the increase of air pollution, believed
students and teachers in classrooms will breathe air pollution from traffic using the drop-off, and
requested the City rescind the curb ingress and egress until the community better understands all
the information.
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City of Newport Beach
Special Meeting
June 25, 2020
Dennis Baker indicated the overall process was bad, SPON is concerned about the whole process, and
hoped Council would discuss the project beyond the City permit.
Kristen Petros advised that she witnessed the removal of the trees and was aghast that the School
District acted before discussing it with the City and neighbors, stated that the trees screened the
school buildings and provided habitat for birds and shade for children and teachers, believed the
School District ignored alternatives that did not remove trees, and suggested Council rescind the
permit until the School District implements a list of conditions she previously provided in writing.
Nancy Barfield utilized a presentation and two videos to discuss the project timeline, the description
of the project, a petition to save the trees, the safety of the proposed drop-off, the City's plan providing
greater student safety and not creating circulation issues, the School District blindsiding the City
with the project, the lack of an environmental report on the soil, tree destruction on Monday,
comments made from the construction crew, the Board of Education's need for a better relationship
with the community, and believed Council should not grant the encroachment permit.
Nancy Scarbrough shared a video of trees being removed, thanked Police Chief Lewis and Sergeant
Oberon for their professional and calm management, noted pr4LItesters were not out of control, just
emotional, discussed behavior of the District and felt they did At conduct extensive outreach to the
community, believed the alternate plan deserves additional consideration, and stated that the
community is pleading for time to discuss revising the project.
An unidentified speaker stated one design does not include the banana parking lot, believed tax
dollars are funding the project, and felt the cutting down of the trees was underhanded. She asked
Council to look at alternative plans and stop the destruction.
Auk -
The McKenney Family indicated they picked the commun}}ty to live in because of the trees and
believed in children's safety, but felt the trees are a big paitof the community.
.Aw�
Mary Didomenico expressed astonishment about the School District's actions and history of not
listening to the community, related that the community learned about this plan via the January 28,
2020 Council meeting and attended the February 11 Board of Education meeting, stated that the
principal of Ensign did not reach out to the PTA or parent groups, and noted that she is working with
an arborist to determine the monetary lojisof removing the trees.
Bill Dunlap expressed concern about the breakdown of communication between the School District
and the Council, stated that the School District seemed to disregard the Council's authority, believed
the Board of Educa*on needs term limits for members, and questioned whether this is the beginning
of the School Distric hat it wants to do.
Charles Klobe relatedWt the Board of Education made a finding that the project was exempt from
the California Environmental Quality Act (CEQA) because there was no environmental damage and
hoped Council would stop or slow this project so that a respectful discussion could occur.
Nancy Skinner questioned the Board's message to school children and suggested Council pause the
encroachment permit so that the community can heal and discuss solutions.
Phil Greer stated SPON could do nothing about the tree removal because the required 24-hour notice
was provided on Monday at 9 a.m., noted that the School District had not communicated to the
community but misrepresented its actions and bulldozed the process, suggested that Government
Code Section 53067 protects trees, also suggested that Civil Code Section 3346 imposes treble
damages on anyone who intentionally destroys a tree, believed the School District maliciously and
willfully damaged the trees, stated that SPON will seek treble damages from the School District and
the two contractors, and discussed a June 3, 2020 email from Deputy Public Works Director Houlihan
to Ms. Barfield. Mr. Greer, on behalf of SPON and the community, asked Council to deny the permit
and challenge the CEQA application.
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City of Newport Beach
Special Meeting
June 25, 2020
Mr. Covert suggested everyone think about the safety and security of the children, noted that the
Government Code section about trees does not apply to School District property and the school site
council supports the project, noted that City staff found that the project is safe and the State of
California approved the project through a rigorous permit process, and stated that Council should
not delay the project so that the permit can proceed and the project can be completed before the start
of school.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
In response to Mayor O'Neill's questions, City Attorney Harp advised that the City has not been
served with a copy of the complaint against the School District and the City. Mr. Greer clarified that
the City is not named in the lawsuit and that a hearing on the temporary restraining order is
scheduled for Monday. At the Mayor's request, City Attorney Harp read the court's order. Mayor
O'Neill noted no trees can be removed between now and Monday.
In response to Council Member Herdman's questions, staff indicated the curb -cut driveways can
extend to 10%, and they comply with City standards. With respect to the demand for parking, staff
looked at the existing condition for traffic during peak per, Island found that double parking and
congestion is present and the biggest change from a traffic perspective is the proposed single point of
entry on Cliff Drive, which will cause more traffic. Siff further noted that parking is tied to the
project in that off-street parking will take some loadAWliff Drive.
Council Member Herdman assumed the welfarA rf, children includes safety, believed the School
District will have to stop the project, noted that the public has not heard any plans concerning the
start of school and felt urgency to completOTft project prior to then is not yet a concern, stated that
Council Policy L-2 is being followed, advised that the project could alleviate some parking problems
and provide improvement to vehicular and pedestrian traffie, and stated that while he is sympathetic
to all the concerns of the public, Council has to base its decision on those four findings.
In response to Council Member Brenner's qu tions, Mr. Covert reported the project contractor,
TELACU, is a listed contractor and currently#rking for the City of Newport Beach. Tim Holcomb,
Assistant Superintendent, indicated the Sta e standard for parking does not deal with student
parking at high schools but wi teachexs,rand staff and the standard is 2.25 spaces per teaching
station.
Council Member Brenner disag�reed With Mr. Covert's statement that the school board owns the trees
on school property because taxpayers fund the School District, and the school board represents
citizens. She related that her grandchild attends Ensign and the City is very concerned about student
safety and worried about the single entry and traffic conditions at Irvine Avenue and Cliff Drive,
noted the partnership�tween the City and the School District and did not understand why the
alternate proposal was not discussed, and was disappointed on Monday by the brutality of the
contractors destroying the trees. Council Member Brenner further noted that eleven hundred kids
signed the petition and wanted a dialogue with the school board, stated that Council sat through
hours of testimony about removing diseased trees from Marine Avenue, and the removal was
thoughtfully done, and hoped the City and School District could be partners and do what is best for
the parents and kids.
In response to Mayor Pro Tem Avery's questions, Mr. Holcomb indicated two trees near the school's
entry are designated for demolition. Board Member Fluor noted two trees are protected and will
remain. Mr. Holcomb reported the project includes extensive landscape improvements along Cliff and
Irvine, and the school board has requested 1:1 replacement of trees and offered to complete the
parkway planting along Cliff drive.
Mayor Pro Tem Avery believed a project could have been crafted that did not remove the trees and
provided for the safety of children, while communicating effectively with the community taking into
Volume 64 - Page 459
City of Newport Beach
Special Meeting
June 25, 2020
consideration residents' emotions and viewpoints, thought Monday's actions were surprising because
he felt the school board would have saved the trees or devised a replacement plan, and applauded the
community that attends meetings of bodies and hoped there is a robust plan to plant more trees on
all the campuses.
In response to Council Member Dixon's questions, Traffic Engineer Brine did not have the number of
accidents in the area but knew it was not a significant number. Mr. Greer indicated there have been
no accidents on Cliff Drive from 2017 to the present. Superintendent Navarro advised that the Ensign
principal reported nine students were struck by vehicles on Irvine between Cliff and Coral in the
2018-2019 school year with five more students being struck through March of the 2019-2020 school
year, advised that the design redirects traffic from Irvine to Cliff, noted that the School District
retains accident reports for the incidents, detailed that the learning areas for physical education
would have been compromised by locating the parking elsewhere, and Ensign staff was not in favor
of that. Mr. Holcomb stated initially there were no indications that there were any environmental
impacts. Superintendent Navarro reported school in some format will begin on August 241h, and plans
will be based on State guidelines.
Council Member Dixon noted that residents care about change to the community and Council takes
their concerns very seriously, noted that safety is the numb one issue, and expressed that the
community should know that Council called a special meeting on a matter over which it has a very
small jurisdiction. She wanted the community to know she is very disappointed with the outcome
today and suggested the Council's decision indicat 'ts displeas with prejudice with the process
disregarding the voices of the community.
Council Member Duffield related that he attended Ens n years ago and questioned why the school
is more dangerous now than then. *&I
Council Member Herdman shared that following his retifflent in 2005, he filled in for five months
as assistant principal at Ensign and believed many public relation mistakes have been made during
this entire process, and they could have been avoided, advised that the section of the Ensign campus
affected by this plan is a significant gatherin spot for kids before and after school, and teachers use
the area as an extension of the classroom nd stated that the issues are the affects on the
instructional program, staff, students, cam s life, school spirit, and most importantly on the
community surrounding the school.
1
In response to Mayor O'Neill's question, Deputy Public Works Director Houlihan reported the initial
meeting between City and School District staff was a regular quarterly meeting, where Board
Member Fluor brought up the alternative; the next day, staff from both bodies met, and Mr. Holcomb
reviewed the analysis, parking, and the desire to get kids closer to the front door.
In response to Council Member Brenner's question, Deputy Public Works Director Houlihan did not
recall if that meeting focused on City Council approval of this plan.
Mayor O'Neill believed there was a breakdown in communication on many levels and he will redouble
his efforts at the City level to ensure the City has a good relationship with the School District and
ensure the City works on improving its communication. He stated that although he liked the
alternative better, he never heard a discussion of why the alternative would not work as well as the
original project.
Mayor O'Neill announced he would not include the phrase "with prejudice" in the motion to approve
staffs recommendation with the understanding that all comments made today will be incorporated.
Council Member Dixon requested the motion reflect with reluctant approval.
In response to Mayor O'Neill's question, City Attorney Harp advised that the language is fine.
Volume 64 - Page 460
City of Newport Beach
Special Meeting
June 25, 2020
1+/n
With reluctance, motion by Mayor O'Neill, seconded by Council Member Dixon, to a)
determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a
physical change to the environment, directly or indirectly; and b) uphold the Public Works Director's
decision to issue Encroachment Permit No. N2020-0366.
Council Member Brenner stated Council approval does not mean the School District Board cannot
review it and noted that Council does not know how the single entry will impact traffic.
Mayor O'Neill clarified the item as Mayor Pro Tem Avery's appeal of the approval of an encroachment
permit. The appeal is a de novo hearing regarding the findings found in Newport Beach Municipal
Code Section 13.06.05 based on the evidence before the Council. The motion is to uphold the findings
of the Public Works Director's decision to issue Encroachment Permit No. N2020-0366, but
reluctantly. The Council's decision is whether the encroachment permit is exempt from CEQA.
With Council Member Muldoon absent, the motion carried 6-0.
ADJOURNMENT - 5:26 p.m.
The special meeting agenda was posted on the City's
bulletin board located in the entrance of the City
Drive on June 24, 2020, at 11:00 a.m.
Leilani I. Brown
City Clerk
Volume 64 - Page 461
on the City Hall electronic
nbers at 100 Civic Center