HomeMy WebLinkAbout06/22/2021 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
June 22, 2021
I. ROLL CALL - 4:00 p.m.
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Proclamation Acknowledging Bernie Svalstad's Volunteerism and Service
Mayor Avery read the proclamation and presented it to Bernie Svalstad, who stated that the
Corona del Mar Business Improvement District (BID) led many improvement efforts,
acknowledged previous Corona del Mar BID members, thanked Council, and provided Council
with a BID brochure.
Council Member Brenner thanked Mr. Svalstad for his efforts to beautify the Corona del Mar
business district and his contributions to the community.
SS3. Presentation from the American Legion
Jon Reynolds, American Legion Commander, Newport Harbor Post 291, utilized a presentation
to discuss the American Legion and its mission, Newport Harbor Post 291's history,
membership, community activities, and how they survived during the pandemic.
Council Member Brenner advised that her favorite activity as an Auxiliary member is
welcoming troops home and indicated she missed the Tuesday hootenannies during the
pandemic. She thanked Mr. Reynolds for his service.
Council Member Dixon thanked Mr. Reynolds for the many activities the American Legion
holds, noted that attending their many events was an honor for Council Members, and the
events are reminders of patriotism and the importance of honoring military veterans.
Council Member Duffield indicated that members of the American Legion are always having fun
and do a great job.
SS4. Review of the Draft Housing Element [100-2021]
Community Development Director Jurjis and Senior Planner Zdeba utilized a presentation to
discuss the State's Regional Housing Needs Assessment (RHNA) mandate, Council direction
from the June 8, 2021 Study Session, Banning Ranch, Covote Canyon, new Options A and B,
summary of Options, inclusionary housing, the City's past inclusionary ordinance, examples of
other cities' inclusionary housing rates, proposed inclusionary policy, community workshops, the
tentative schedule, and items for Council consideration.
In response to Council's questions, Community Development Director Jurjis related that a low
inclusionary housing percentage will utilize buffer units at a fast pace. pipeline projects are
entitled but have not received certificates of occupancy, the City of Irvine adopted an
inclusionary ordinance about eight years ago and has a RHNA allocation of 23,000 units, some
property owners are interested in rezoning for redevelopment. staff is planning an overlay for
parcels applying for a rezone opportunity, staff can draft a policy for an overlay on more parcels.
a parcel will have to apply for a General Plan Amendment if it is not identified in the Housing
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Element, increasing the affordability percentage in Option B will increase the number of buffer
units, and funding is available for developments with 40% affordability but not for 55%
affordability. He stated that Council can adopt an interim inclusionary policy for six months or
adopt an inclusionary ordinance, noted that in October 2021 Council can adopt a code change
for accessory dwelling units (ADUs), added that improving an ADU to comply with building code
requirements can be expensive, confirmed that Council can direct staff to include an overlay or
some type of zoning that encourages senior housing in the Housing Element, clarified that the
upcoming code change will allow the conversion of a bedroom to an ADU, and stated that the
State allows some credit toward the RHNA allocation for conversion of market -rate units to
affordable units. Dave Barquist, Kimley-Horn, added that inclusionary zoning is a technique
and tool employed by jurisdictions to achieve affordable housing, and the California Department
of Housing and Community Development (HCD) does not take a position on inclusionary zoning.
Mayor Pro Tem Muldoon liked Option B, noted that the buffer allows approval of projects with
fewer affordable units than planned without jeopardizing the entire plan, and favored a 15%, or
20% inclusionary ordinance.
Council Member Dixon supported an inclusionary ordinance at 20%, a senior housing overlay,
and Option B.
Council Member Blom preferred a higher buffer moving forward, stated that a buffer appears
to be a better long-term policy than an inclusionary ordinance, and believed that the higher the
inclusionary percentage, the more developers will not want to build in Newport Beach.
Council Member O'Neill reviewed a letter regarding inclusionary requirements sent to La
Habra's City Council, believed Council's decision not to adopt an inclusionary ordinance after
committing to study it would not violate the Housing Element, preferred to understand the
proper mechanism to move forward, noted that Banning Ranch received an $8 million grant
from the State Fish and Wildlife Department, and suggested the City send a letter to HCD
requesting an explanation regarding a State agency preventing development while another
State agency encourages development.
Council Member Dixon agreed that Council needs clarification from the State and the Governor's
Office and possibly a waiver on the City's RHNA, noted that development was discussed for only
30 of Banning Ranch's 400 acres, and withdrew her support for a 20% inclusionary ordinance in
favor of studying an ordinance.
In response to questions from Council Members, Community Development Director Jurjis
advised that Option B should accomplish affordable housing in excess of an inclusionary
ordinance requirement as long as policies support development of affordable housing, and stated
that the State density bonus law benefits the City by increasing density in exchange for
affordable housing.
Council Member Brenner expressed concern about not having a policy in place so that more
projects are approved with fewer affordable units, while the City has to generate all affordable
units.
Council Member Duffield supported Option B and an inclusionary ordinance at 20%.
Charles Klobe stated Council approved 4400 Von Karman with 5% affordable units and
considered 2510 West Coast Highway with 10% affordable units, reviewed provisions of the
Housing Accountability Act, without inclusionary the City will continue to get those projects,
the buffer says 60/40 but nothing requires it, the City should enact the 20% density bonus now
with density bonuses, Coyote Canyon is 90 units per acre, and Council should ask for the world
in the draft Housing Element and wait for HCD's comments.
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Nancy Scarbrough referred to slide 12 and stated that the total development potential for
Option B is 9,119 units, which does not consider the density bonus but is based on 40%
inclusionary, and added that the total development potential could be a lot more.
In response to Council Member Dixon's questions, Community Development Director Jurjis
advised that 40% is not inclusionary, it is the plan, density bonus is separate from the Housing
Element, by using density bonus, a developer can boost the density by an additional 50%, but
the developer has to provide 15% of very -low-income units, 24% of lower-income units, or
44% of moderate -income units, and HCD does not provide any guidance for density bonus.
Council Member Brenner understood the Building Industry Association's desire for
development, without an inclusionary policy, and the number of units may have to increase by
thousands to reach the affordability component.
Council Member O'Neill clarified that he was referencing the studies discussed in the City of La
Habra letter, and did not oppose higher affordability if there are no ill effects of the inclusionary
zoning ordinance. In response to his question, City Attorney Harp related that a Council
inclusionary policy would be applicable if there is a Development Agreement. Council Member
O'Neill expressed no issue with moving forward but wanted to understand what Council is
approving, believed that moving from 0 to the highest amount seems aggressive without
studying the issues, stated that a Council policy may not override the Housing Accountability
Act issues, and agreed with the suggestion to submit a draft Housing Element, while Council
considers inclusionary zoning.
Council Member Brenner indicated that she forwarded an article about inclusionary housing to
Community Development Director Jurjis and Council Member O'Neill, and added that a lot of
information is available to Council.
In response to Council Member Dixon's question, Community Development Director Jurjis
reported that staff will incorporate comments into the current draft Housing Element, present
it to Council on July 13 for additional comment, and then send it to HCD. Council Member Dixon
supported Option B and an inclusionary placeholder at 15%.
There was a unanimous straw vote in support of Option B and studying inclusionary
zoning.
With Council Members Blom and O'Neill voting "no," there was a 5-2 straw vote to
support an interim Council policy requiring inclusionary zoning.
There was a unanimous straw vote to support inclusionary zoning at 15%.
With Council Members Blom and Duffield voting "no," there was a 5-2 straw vote to
support a senior housing overlay.
In response to Mayor Avery's questions, Community Development Director Jurjis indicated
there is a lot of interest in housing development, and the biggest challenges are interest rates
and the cost of building materials.
III. PUBLIC COMMENTS — None
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss negotiations with the Newport Beach Police Association (NBPA), as listed in the
Closed Session agenda and read the title, but noted that the City Council will not be discussing
negotiations with the Association of Newport Beach Ocean Lifeguards (ANBOL).
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Study Session and Regular Meeting
June 22, 2021
IV. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant
City Manager, Barbara Salvini, Human Resources Director, and Charles Sakai, Esq., Negotiators.
Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL) and
Newport Beach Police Association (NBPA).
V. RECESSED - 5:39 p.m.
VI. RECONVENED AT 6:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION - Reverend Dr. George Okusi, St. John the Divine Episcopal Church, Costa Mesa
X. PLEDGE OF ALLEGIANCE - Council Member O'Neill
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member O'Neill:
• Attended the opening day for the Newport Beach Junior Lifeguard Program with Mayor Avery, the
Balboa Bay Resort's Father's Day Car Show with his family, the Art Show at the Board Club, the
Bayshores opening, the OASIS Sailing Club opening with Council Members Dixon and Brenner and
Mayor Avery, the Newport Harbor High School Mentorship Program Annual Lunch, and a San
Joaquin Hills Transportation Corridor Joint Powers Authority (TCA) Board meeting
• Congratulated Ryan Crouser on breaking the world record in shot put
Council Member Dixon:
• Attended opening day at OASIS Sailing Club and the Aviation Committee meeting with Council
Member Blom
Council Member Duffield:
• Announced approval of an anchorage at the top of the Bay for the summer
Council Member Brenner:
• Utilized slides to demonstrate the state of sidewalks and outdoor dining on Balboa Island and Public
Works' efforts to maintain trash bins on Ocean Boulevard
• Attended meetings of the Newport Beach Restaurant Association BID with Council Member Dixon,
Corona del Mar Residents Association (CdMRA), Orange County Mosquito and Vector Control
Board, the Good Neighbors Group, and the Newport -Mesa Unified School District with Council
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Member O'Neill, parents and Deputy Recreation & Senior Services Director Levin to discuss
playground equipment at Grant Howald Park
Mayor Avery:
• Attended opening day at the Lido Isle Yacht Club, opening day at the OASIS Sailing Club with
Council Members O'Neill and Brenner, the Newport Harbor High School Mentorship Program
Annual Lunch with Council Member O'Neill, and opening day for the Newport Beach Junior
Lifeguard Program with Council Member O'Neill
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
Consideration of creating a voluntary partnership with businesses, residents and
visitors to work together to improve the cleanliness of public areas in Newport Beach
[Dixon]
Mayor Avery, Mayor Pro Tem Muldoon, Council Member Blom, Council Member Duffield, Council
Member Dixon, and Council Member Brenner concurred to bring the item back at a future meeting.
• Discussion on how to assist the homeless population who do not want assistance
[Brenner]
Mayor Avery, Council Member Blom, Council Member Dixon, Council Member O'Neill, and Council
Member Brenner concurred to bring the item back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR.— None
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the June 8, 2021 City Council Regular Meeting [100-20211
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
ORDINANCES FOR ADOPTION
3. Ordinance No. 2021-13: Amending Exhibit A of Section 3.36.030 of the Newport Beach
Municipal Code Relating to Cost Recovery to Update Library Photocopying Fees
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. 2021-13, 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.
4. Ordinance No. 2021-14: Disestablishing the Corona del Mar Business Improvement
District [100-2021]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Conduct second reading and adopt Ordinance No. 2021-14, An Ordinance of the City Council of
the City of Newport Beach, California, Repealing Ordinance No. 97-24, Ordinance No. 98-15,
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and Ordinance No. 99-18, and Disestablishing the Corona del Mar Business Improuement
District; and
c) Approve and accept staffs recommendation on how to dispose of the CdM BID's assets donate.
RESOLUTIONS FOR ADOPTION
Resolution No. 2021-60: Authorizing the Temporary Closure of Selected Streets for the
Fourth of July Holiday Period [100-20211
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 this action
will not result in a physical change to the environment, directly or indirectly; and
c) Adopt Resolution No. 2021-60, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Temporary Closure of Back Bay Driue, the 100 Block of Orange Street
from Traffic off of Pacific Coast Highway, Via Oporto from Via Lido to 32nd Street, San Joaquin
Hills Road Between Back Bay Driue and the Entrance to the Park Newport Apartment Complex,
and Via Malaga Between Via Oporto and Via Lido.
6. Resolution No. 2021-61: Approving a Temporary Employment Agreement with Former
Employee Anne Donnelly (C-8711-1) [381100-20211
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2021-61, A Resolution of the City Council of the City of Newport Beach,
California, Approuing a Temporary Employment Agreement with Anne Donnelly; and
c) Approve a Temporary Employment Agreement with former employee Anne Donnelly, who
retired on December 19, 2020, to fill the position of Police Dispatcher — P/T until all vacancies
have been filled and authorize the Mayor to execute the agreement.
CONTRACTS AND AGREEMENTS
7. Pulled from the Consent Calendar
Approval and Award of Maintenance and Repair Services Agreement with Verdugo
Testing Inc., for Maintenance, Repair and Testing of Underground Fuel Storage Tanks
(C-7223-1) [381100-2021]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve a five-year Maintenance and Repair Services Agreement with Verdugo Testing for
Underground Fuel Storage Tank Maintenance. Repair, and Testing Services with a total
not -to -exceed amount of $200,000, and authorize the Mayor and City Clerk to execute the
agreement.
9. Janitorial Services Agreement with Quality Commercial Cleaning, Inc., DBA Spectrum
Facility Maintenance for Janitorial Services at Piers and Docks (C-8714-1) [38/100-20211
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve a three-year Janitorial Services Agreement with Quality Commercial Cleaning, Inc..
DBA Spectrum Facility Maintenance for Janitorial Services at Piers and Docks at a
not -to -exceed cost of $130.000.
10. Amendment No. One to Grant Agreement with BVMA, Inc. for COVID-19 Economic Relief
Funding Support (C-8132-6) [381100-20211
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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 Amendment No. One to the Grant
Agreement with BVMA, Inc. for COVID-19 Economic Relief Funding Support to extend the term
to December 31, 2021 and amend the scope of work.
11. Installation of Disabled Transfer Lift at Marina Park [100-20211
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because this project
has no potential to have a significant effect on the environment; and
b) Direct staff to purchase and install a disabled transfer lift on the Sailing Center dock system at
Marina Park.
12. Pulled from the Consent Calendar
MISCELLANEOUS
13. Confirm Annual Appointments to the Finance Committee [24/100-20211
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Confirm the following appointments to the Finance Committee: (1) Council Member Will O'Neill,
who will serve as Chair, (2) Mayor Brad Avery, (3) Council Member Noah Blom, (4) John Reed
based upon Mayor Pro Tem Kevin Muldoon's recommendation, (5) Nancy Scarbrough based
upon Council Member Joy Brenner's recommendation, (6) Joe Stapleton based upon Council
Member Diane Dixon's recommendation, and (7) William Collopy based upon Council Member
Duffy Duffield's recommendation.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member O'Neill, to approve the
Consent Calendar, except for the items removed (Items 7 and 12); and noting the amendments to
Item 1.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
7. Approval of Professional Services Agreement with IBI Group, Inc. for Oceanfront
Boardwalk Improvement Project (22T12) Concept Development (C-8712-1) [38/100-2021]
City Clerk Brown recused herself on Item 7 due to real property interest conflicts.
Council Member O'Neill expressed the opinion that the California Coastal Commission would not
allow the City to expand or split the Boardwalk without it extending to the Wedge or West Newport,
noted previous Council agreement that an extension is not a great idea, and suggested reducing the
not -to -exceed amount significantly since the project only resulted in a concept.
In response to Council Member Dixon's questions, Public Works Director Webb indicated community
engagement and the number of concepts can be reduced, the community can provide input at Parks,
Beaches and Recreation (PB&R) Commission and City Council meetings, as well as Council Member
Dixon's Town Halls, the project pertains to the Boardwalk between 151h Street to 361h Street because
it is the busiest segment of the Boardwalk, the Coastal Commission has allowed this type of project
in other cities, staff could renegotiate the agreement to reduce the amount if directed by Council,
and the main component of the project is community outreach regarding parking lots and plazas.
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Council Member Brenner expressed concern regarding liability issues, noted public comment
regarding problems on the Boardwalk, and suggested an online survey of residents.
Motion by Council Member Dixon seconded by Council Member Brenner, 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) approve a Professional Services Agreement
with IBI Group, Inc. of Irvine, CA for the Oceanfront Boardwalk Improvement Project — Concept
Development at a not -to -exceed price of $210,000.00, and authorize the Mayor and City Clerk to
execute the Agreement, but amend the scope of work.
Council Member O'Neill preferred a not -to -exceed amount of $100,000.
With Mayor Pro Tem Muldoon, Council Member Blom, Council Member Duffield, and
Council Member O'Neill voting "no," the motion failed 4-3. -
Council Member O'Neill agreed that work is needed, particularly in the area around McFadden
Square. Public Works Director Webb advised that, with Council direction to focus on McFadden
Plaza, staff can reduce the scope of work and cost and provide some general concepts for the City
Council to review with the community.
Council Member Dixon concurred with focusing on McFadden Square, believed a finite group of
people care strongly about improving the Boardwalk. In response to her question, Public Works
Director Webb suggested the work could begin with a landscape architect providing a high-level
design for review.
12. Community Programs Grants (C-8281) and Special Event Grants (C-8082)
Recommendations for Fiscal Year 2021-22 [381100-2021]
Council Member Blom announced he would be recusing himself on all matters related to
Balboa Island and the Newport Beach Wine and Food Event due to potential business
interest conflicts, and would leave the dais if those items were discussed.
Council Member Blom stated the large requests cause him to question applicants' motives, now is
the time for more creativity and promotion of the City as fiscally responsible first and attracts
visitors second, the Newport Beach Film Festival is a private enterprise that benefits the City and
receives many charitable donations, the $150,000 request is significant when Council has to cut
funding and projects, private enterprise should be the main sponsor of events, and he could not
approve applications like this. In response to his questions, City Manager Leung noted agreements
with the Film Festival and Boat Parade conclude this year, and the funding amounts are contained
in the agreements.
In response to Mayor Pro Tem Muldoon's questions, Deputy Recreation and Senior Services Director
Levin indicated the 2020 Film Festival was a virtual event due to the pandemic, the Boat Parade
was an informal event, both groups provided the fees they incurred for the events, and the City paid
both groups the full amounts. Steve Rosansky, President and CEO of the Newport Beach Chamber
of Commerce, reported marketing for the Boat Parade began in August, the City provided the full
$50,000, costs incurred prior to cancellation of the event, which totaled about $27,000, and
approximately half of the grant funds were returned to the City. Mayor Pro Tem Muldoon wanted
to provide funds not utilized for the 2020 Boat Parade to the group of businesses that organized the
informal event.
Council Member Duffield advised that participation in the Newport to Ensenada Yacht Race has
changed greatly over the years, and the race does not benefit the City in proportion to the funding
it receives.
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In response to Council Member Dixon's question, Deputy Recreation and Senior Services Director
Levin reported the City provided fee waivers for Community and Charitable Events and funding for
Signature Events.
Greg Schwenk, Newport Beach Film Festival, thanked Council and the community for supporting
the Film Festival, and related that the Film Festival provides opportunities for college students and
community youth, and shines a spotlight on the City.
Steven Rosansky advised that the Corona del Mar Sand Castle Contest receives significant
contributions from local businesses, thousands of people attend the event, activities for the 2021
Christmas Boat Parade are underway, the theme will be "Jingle on the Waves," a study found that
five nights of the Boat Parade generate $6.5 million to $7 million in revenue in the City, and the
Boat Parade is broadcast around the world.
Jim Mosher expressed the opinion that Mayor Pro Tem Muldoon's proposal to compensate entities
retroactively is not good policy and hoped reimbursement is limited to documented expenses.
Mayor Pro Tem Muldoon indicated that the Boat Parade did occur in 2020, and the sponsors spent
a lot of money.
In response to Council Member O'Neill's question, Mayor Pro Tem Muldoon indicated that to his
knowledge only one group incurred expenses for the 2020 Boat Parade.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member O'Neill, 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 $55,550 of the Community
Programs Grants in the following manner:
Community Program Grants Applicant Recommendation
Advocate for Grandparent Grandchild Connection $ 1,500
Balboa Island Museum and Historical Society $ 7,000
Newport Bay Conservancy $ 4,000
Newport Beach Historical Society $ 3,000
Newport -Mesa Family YMCA of Orange County $ 3,000
Orange Coast River Park $ 2,000
Orange County Coastkeeper $ 4,800
Our Lady Queen of Angels — Helping Hands $ 12,500
Pacific Marine Mammal Center $ 4,000
Second Chance Orange County $ 3,000
Someone Cares Soup Kitchen $ 7,250
Youth Employment Services $ 3,500
Total $ 55,550;
c) approve a fee waiver for the cost of renting the Community Room for the recurring community
programs provided by the San Diego Blood Bank ($4,752) and Speak Up Newport ($4,320) (total
value $9,072); d) waive Council Policy A-12 regarding $75,000 to be expended each fiscal year for
the Community Programs Grants, in favor of a reduction to $60,000 matching the adopted
FY 2021-22 budget; e) pursuant to City Council Policy A-12, find that the special events listed below
are meritorious community, social or athletic events that are beneficial to residents' quality of life,
and authorize the allocation of $286,550 of the Special Event Grants in the following manner:
Community & Charitable Events Recommendation
4th of July Parade and Picnic $ 500
Annual Corona del Mar Christmas Walk $ 5,000
Annual Corona del Mar Scenic 5K $ 12,750
Annual Newport Classic Surf Contest $ 1,500
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Balboa Island Carnival & Taste of Balboa
$
2,700
Balboa Island Parade
$
9,300
Balboa Island Tree Lighting and Snow Day
$
1,100
Car Show
$
500
Corona del Mar Sand Castle Contest
$
650
Field of Honor
$
2,800
Lobsterfest at Newport Beach
$
2,000
Newport Beach Garden Tour and Party
$
500
The California Gold
$
500
Walk for Patrick Turner
$
750
Total
$
40,550
Signature Events Recommendation
Hoag Classic $ 15,500
Newport Beach Christmas Boat Parade $ 50,000
Newport Beach Film Festival $ 150,000
Newport -Mesa Spirit Run $ 21,000
Newport to Ensenada Yacht Race $ 10,000
Total $ 246,000
f) approve the carryover of appropriated and unspent funds from FY 2020-21 to FY 2021-22 in the
amount of $12,750 for the Corona del Mar Scenic 5k on October 2, 2021. These FY 21 funds were
already approved and authorized by City Council. at the June 23, 2020 meeting. However, the event
was postponed to October of this year due to COVID. These funds would be administratively rolled -
forward to FY 2021-22 and provided to the event organizer in the form of fee waivers in the
Community & Charitable Events designation; and g) bring back an item to the City Council to
approve the amount that is reimbursed to the organization that held last year's Christmas Boat
Parade, using the returned funds from the Newport Beach Chamber of Commerce.
City Attorney Harp reiterated that compensation for the sponsor of the 2020 Boat Parade will return
for Council approval on the consent calendar.
In response to Council Member Dixon's question, City Manager Leung reported the Chamber of
Commerce returned approximately $22,000 of the $50,000 for the Boat Parade.
The motion carried unanimously.
XVII. PUBLIC COMMENTS ON NON AGENDA ITEMS
Jim Mosher noted that the opportunity for remote public comment was removed from the agenda,
Council rather than staff should determine the format of meetings, and Council should discuss the
continuation of remote public comment as it was useful.
Avery Counts, Constituent Services Manager for Orange County 2nd District Supervisor Foley,
congratulated the City on its COVID-19 vaccination rates, highlighted components of the County budget
and upcoming events, and invited Council Members to contact Supervisor Foley at
avery.counts@ocgov.com or 714-559-8364.
Sandra was disappointed with Council for not requesting a future agenda item to study Mariners' Mile
and the West Coast Highway development.
XVIII. CURRENT BUSINESS
14. Annual Appointments to Boards and Commissions [241100-20211
City Clerk Brown reported that applicants must receive at least four votes to be appointed.
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City Clerk Brown read the ballot votes for the Board of Library Trustees as follows:
Doug Coulter — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
City Clerk Brown announced that Doug Coulter was reappointed to the Board of Library Trustees
for a four-year term.
City Clerk Brown read the ballot votes for the Building and Fire Board of Appeals as follows:
Charles Allen — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
Kenneth Bondy — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
City Clerk Brown announced that Charles Allen and Kenneth Bondy were appointed to the Building
and Fire Board of Appeals for four-year terms.
City Clerk Brown read the ballot votes for the City Arts Commission as follows:
Gregory Cox — Avery, Brenner, Dixon
Maureen Flanagan — Avery, Blom, Brenner, Dixon, Duffield, O'Neill
Barbara George —Avery, Brenner, Dixon, Muldoon, O'Neill
Meghan McNulty — Blom, Duffield, Muldoon
Sara Salam — O'Neill
Laurel Tippett — Blom, Duffield, Muldoon
City Clerk Brown announced that Maureen Flanagan was reappointed and Barbara George was
appointed to the City Arts Commission for four-year terms, and a second vote was needed between
Gregory Cox, Meghan McNulty, and Laurel Tippett.
City Clerk Brown read the ballot votes for the City Arts Commission as follows:
Gregory Cox — Avery, Brenner
Meghan McNulty — Blom, Duffield, Muldoon, O'Neill
Laurel Tippett — Dixon
City Clerk Brown announced that Meghan McNulty was appointed to the City Arts Commission for
a four-year term.
City Clerk Brown read the ballot vote for the Civil Service Board as follows:
Paul Meyer — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
City Clerk Brown announced that Paul Meyer was appointed to the Civil Service Board for a four-
year term.
City Clerk Brown read the ballot votes for the Harbor Commission as follows:
Scott Cunningham — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
Steve Scully — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
City Clerk Brown announced that Scott Cunningham and Steve Scully were reappointed to the
Harbor Commission for four-year terms.
City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission as
follows:
Randall Black — Blom
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Study Session and Regular Meeting
June 22, 2021
Heather Ignatin — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
Keira Kirby — Avery, Duffield, Muldoon, O'Neill
Cynthia Sender — Brenner
Sheela Voleti — Dixon
City Clerk Brown announced that Heather Ignatin was reappointed and Keira Kirby was appointed
to the Parks, Beaches and Recreation Commission for four-year terms.
City Clerk Brown read the ballot votes for the Planning Commission as follows:
Lauren Kleiman — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
Lee Lowrey — Avery, Blom, Dixon, Duffield, Muldoon, O'Neill
Debbie Stevens — Brenner
City Clerk Brown announced that Lauren Kleiman and Lee Lowrey were reappointed to the
Planning Commission for four-year terms.
City Attorney Harp announced that Items 15 and 16 would be discussed at the same time.
15. Resolution No. 2021- 62: Proclaiming the Termination of the Local Emergency Declared
on March 15, 2020 [100-2021]
16. Coronavirus (COVID-19) Update [100-2021]
City Manager Leung utilized a presentation to discuss Orange County cases, County, State, and
City status, COVID-19 vaccination sites, the Proclamation of Local Emergency, and Resolution
No. 2021-62.
Council Member O'Neill indicated that the decrease in COVID-19 cases over the past few months is
amazing, hospitalizations are in the single digits, the statistics for Newport Beach should have been
higher because it is an older community, the overall case rate is in the bottom six in Orange County,
four Newport Beach zip codes are in the bottom 20, and two zip codes are in the bottom six. He
thanked Hoag Hospital for partnering with Council, the community, and City staff for continuing
operations during the pandemic. He stated that making the finding for extreme peril is no longer
possible and the declared emergency should be removed.
Council Member Blom expressed concern about a state of emergency resulting in the consolidation of
power, Council did not abuse its emergency powers and will be lifting the emergency as quickly as
possible, and the Police Department's and staff's actions have been exemplary.
Mayor Pro Tem Muldoon expressed the opinion that abuses of power occurred, disparate outcomes
and processes in some States correlate to abuses of power, education is better than mandates, local
government is a sub -jurisdiction of the State, and added that police powers are delegated to the
Governor and State Legislature, otherwise the City Council would have removed the emergency
sooner.
In response to Council Member Dixon's question, City Attorney Harp advised that Governor Newsom
continues to operate under emergency powers.
Jim Mosher, addressing Item 15, inquired whether staff understood the effects of terminating the
emergency on the City's ability to obtain State and Federal funding and resources, and stated
declaring an emergency in the future in order to receive funds and resources may be difficult.
Charles Klobe noted the Board of Supervisors voted unanimously to continue the emergency strictly
to access Federal funding and requested clarification of the consequences of lifting the emergency.
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City of Newport Beach
Study Session and Regular Meeting
June 22, 2021
City Manager Leung advised that staff does not have complete clarity regarding the consequences of
lifting the emergency, staff has submitted all existing requests for reimbursement, the City has
received the first of two payments under the American Rescue Plan Act, and staffs primary concern
is obtaining reimbursement for expenses incurred from this point forward.
Council Member O'Neill reiterated that Council can no longer make the required finding for extreme
peril, lifting the emergency is not a political statement, the City should not seek funding based on
false findings, and the County is a healthcare agency and subject to different standards.
Council Member Blom stated the City does not need Federal funding if there is no emergency.
Council Member Dixon noted that Council could declare another emergency should the COVID-19
crisis return or another crisis arises, and lifting the emergency is the right action.
Motion by Council Member O'Neill, seconded by Mayor Pro Tem Muldoon, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) adopt Resolution No. 2021-62, A Resolution
of the City Council of the City of Newport Beach, California, Proclaiming the Termination of the Local
Emergency Declared on March 15, 2020.
Mayor Avery indicated that everyone had a different perspective and response to the pandemic, the
County's administration of vaccines was amazing, the City's public safety departments did an
incredible job, and Newport Beach residents responded well to guidelines.
The motion carried unanimously.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 8:11 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 17, 2021, at 4:00 p.m.
ad Av'bf y
Leilani I. Brown
City Clerk
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