HomeMy WebLinkAbout01 - MinutesJuly 27, 2021
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Study Session and Regular Meeting
July 13, 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 Will O'Neill
Absent: Council Member Duffy Duffield
IL CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Proclamation Acknowledging Laurel Tippett for Her Work with SHARE Kids
Laurel Tippett and Evelyn Best discussed the SHARE Kids program, program participants
Catherine and London shared one of their favorite activities during the program, and Mayor
Avery read and presented the proclamation. 40
SS3. Presentation of Explorer Program Vehicle Donation Check
Police Chief Lewis displayed a photo of the newt lorer Program van, discussed the Explorer
Program, and introduced Dwight Wiley, who Aharyk the benefits of the new van and presented
a check to the City.
SS4. Certificates of Appreciation to Outgoing Board Wnbers and Commissioners
Mayor Avery highlighted the service 4 City Arts Commissioners Ritch LeGrand and Miriam
Baker, Building and Fire Board of Appeals Chair Brion Jeannette, and Parks, Beaches and
Recreation Commissioner owajd, and presented each of them with a Certificate of
Appreciation.
SS5. Be Well Orange County Mcjk�s Intervention Program
Assistant City Manager Jacobi -p�ovided an update on the City's homeless efforts and introduced
Marshall Moncrief, CEO oB04Vell OC, who discussed hospital admissions and mental health
campuses and displayed slides to highlight services Be Well OC can provide to the community.
In response to Council Members' questions, Mr. Moncrief reported clinicians have the resources
and capacity to build relationships with the homeless population and move them toward care,
the response team works proactively in the community in addition to responding to calls, and
the homeless perceive the response team as less threatening or less adversarial than police
officers. Police Chief Lewis indicated Be Well OC can provide services that the Police
Department does not have the capacity to provide, the services will complement City Net's
outreach role and the Police Departments' enforcement role, the Police Department's efforts to
impact the homeless population will not stop, and working with Be Well OC is an opportunity
to improve efforts.
SS4. Updated Draft of the General Plan Housing Element Update (PA2017-141) [100-2021]
Community Development Director Jurjis, Deputy Community Development Director Campbell,
and Senior Planner Zdeba provided a presentation to discuss the City Council direction from the
June 22, 2021 study session, Option B, the inclusionary policy, added senior housing, Accessory
Dwelling Units (ADUs), new items to include, the tentative schedule, and Council
considerations.
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In response to Council Members' questions, Community Development Director Jurjis advised
that a tiny house is another term for an ADU, deleting the term tiny house will not lead to larger
ADUs, staff is not considering overlays to regulate ADUs by neighborhood but is updating the
ADU program to be more permissive, and staff can discuss overlays with the Planning
Commission or prepare overlays at Council's direction. He indicated staff prefers to receive the
California Department of Housing and Community Development's (HCD's) comments soon so
staff will have time to revise the draft Housing Element and potentially the Environmental
Impact Report (EIR) process, comply with public notice and public comment requirements, and
plan to submit the final draft Housing Element. He stated that an executive order by the
Governor and a new State law are the only ways to extend the submission deadline, an extension
could occur much closer to the deadline, submitting the draft Housing Element now does not
harm the City, several nearby cities are behind the City's timeline in preparing their draft
Housing Elements, and noted that the City of Coronado has submitted its draft Housing
Element, reviewed HCD's comments, and decided not to complete the Regional Housing Needs
Assessment (RHNA) process. He related that HCD will not support an ordinance requiring more
than 20% inclusionary housing, HCD has stated that the City needs to provide an opportunity
for inclusionary housing, and if the City does not achieve its targets for inclusionary housing
and ADUs, it will have to rezone parcels. Deputy Commur4 y Development Director Campbell
indicated that the City can count pipeline projects and fiftH-cycle sites that did not redevelop
towards its RHNA allocation, any projects filed after the effective date of an inclusionary
ordinance would be subject to it, Council may consider different inclusionary percentages for
different parts of the City, and the list of opportunity sites will change to reflect property owners'
requests to be included or excluded. Community Development Director Jurjis added that Shopoff
sent a letter, staff is evaluating the options for Newport Center, and HCD will look at whether
the Housing Element policies and programs support the planned growth.
Dave Barquist, Kimley-Horn, reported that the City of Coronado's City Council directed staff
and consultants to utilize 200 units fl its RHNA allocation rather than 912 units, Murrieta,
Fontana, and other cities in the Inland Empire have submitted their draft Housing Elements,
and Rialto, Irvine, Orange and t e County of Orange should be submitting their draft Housing
Elements in the next two three ont'hs.
Council Member Dixon cdmmended sta he consultant the community, the task force and
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residents for preparing the draft Housing Element and encouraged everyone to be familiar with
the document.
i
Council Member O'Neill preferred not to be the first city to submit a draft Housing Element.
Nancy Scarbrough, representing Good Neighbor Newport, displayed a slide to discuss the effect
of density bonuses and inclusionary policy aligning with the numbers in Table B-1, and stated
the community news to understand the ramifications of an inclusionary policy and density
bonuses on projects, and the City needs to craft Housing Element policies before submitting to
HCD.
Debra Allen, President of the Harbor View Hills Community Association, wanted the City to
take as much time as possible to submit the draft Housing Element, believed an inclusionary
policy should be adopted prior to areas being up -zoned, and stated seven properties subject to
the site plane ordinance are interested in this housing opportunity, the draft Housing Element
indicates that objective design standards cannot impede the affordable goal, the site plane
ordinance limits the height and thus the density needed for affordable housing, and many of the
topics need more study.
Debbie Stevens, Housing Element Update Advisory Committee (HEUAC) member, thanked
staff and the consultant, noted the RHNA allocation is 4,845 units but believed the numbers are
at least double, preferred to focus on the numbers the City has to do, suggested putting the
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July 13, 2021
policies in the draft Housing Element and to look at less than the 100% buffer and the site plane
ordinance, and appreciated many of the changes that were made, such as the ADUs.
Jim Mosher expressed the opinion that the draft Housing Element is not ready for submittal
and the electronic version is not easy to navigate, suggested placing printed copies in the library,
and noted the City sent a letter to HCD regarding Banning Ranch, the plan for housing in
Banning Ranch is puzzling, and policies regarding mobile home parks and mixed -use resort
hotels are contradictory.
Nancy Skinner preferred that the City focus on affordable housing, stay close to 4,800 units,
plan for 1,500 ADUs, submit as late as possible, and address water service to all these new units.
Charles Klobe agreed with Nancy Scarbrough's comments to increase ADUs to 1,500, add
inclusionary zoning at 20%, and delay submission to the fourth quarter, reviewed inclusionary
rates in other cities, and questioned the rush to submit a draft Housing Element.
Susan DeSantis, HEUAC member, commended Council, staff, and the consultant for their
excellent work, expressed the opinion that the draft Ho4sing Element reflects community
comments and the policies and strategies will significantly address HCD's concerns, subscribed
to Nancy Scarbrough's comments as a member of Good Neighbors Newport, and agreed with
delaying submission, increasing ADUs to 1,500, and an inclusionary policy of 20% or more. She
stated that there are housing needs, including fbr seniors and young families, the public and
private sectors need to address those issues v�at ith greeffort and investment, and the draft
Housing Element is almost ready. I IF
Steve Ray, Banning Ranch Conservancy, discussed the Environmentally Sensitive Habitat Area
(ESHA) designation and the California Coastal Commiss�ion's and California Supreme Court's
decisions, urged Council to remove Banning Ranch froiilthe plan, indicated the Conservancy is
in the process of acquiring Banning Ranch with a permanent deed restriction for open space,
and offered to assist staff and Council with resolving dilemmas.
Sandra Ayers thanked Council and HEUAC, supported 1,500 ADUs because ADUs are
preferable to small apai=tments, appreciated the policy for senior housing units, and asked that
all neighborhoods carry the brunt o&tbe impacts.
Ik
Dave Tannor referred to Table B-1 and the assumption that projects will average 48.5%
affordability when the hist�ric average is closer to 5% to 10%, and recommended the City meet
its affordable housing requirement with 100% affordable housing projects and negotiate down,
language in the draft Housing Element support issues raised in litigation if the City supports
litigation regarding RHNA allocations, revising the community profile section to include 2020
Census data and pWulation growth projections, and delaying public comment regarding new
Housing and Circulation Element policies.
John Tafoya, Southwest Regional Carpenters Union, suggested the City enact policies and
strategies to comply with the RHNA allocation, require projects to provide community benefits
such as hiring local, require projects to exceed 2019 Green Building Codes, and revise the draft
Housing Element to comply with State planning and zoning laws.
Council Member Dixon agreed with comments to discuss delaying submission, 1,500 ADUs, and
the benefits of a 20% inclusionary policy.
Mayor Pro Tem Muldoon stated the City has to plan for the worst -case scenario, Council will
fight for Newport Beach, and believed the hoops the City has to go through are ridiculous.
Council Member O'Neill shared a list of cities that submitted their Housing Elements according
to the HCD website, indicated submitting the draft Housing Element in 30 days would put
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Newport Beach in the middle of the pack and California's housing policy is bad, encouraged
everyone to talk to their Assembly and Senate representatives, stated that demanding cities to
build housing is an absurd position, appreciated the Mayor's letter asking for relief and
Steve Ray's offer of assistance if it could help the City obtain a reduction in the RHNA allocation,
and noted open space is fantastic, expressed concerns regarding water and public safety, housing
is a State directive, an inclusionary zoning ordinance will not achieve 40% affordable housing,
Land Use Element changes will be subject to a Greenlight vote, many suggestions will result in
a non -compliant Housing Element, 1,000 ADUs will be a stretch, and at some point the City
needs to submit.
Council Member Blom stated the return on investment for an ADU is probably between 11 and
14 years, which is not an incentive, no one likes the plan to build more housing, Council is trying
to preserve the villages, an inclusionary ordinance stops small, great development, small town
community is preferred over big development, staff has worked tirelessly on this, and Council is
talking about process right now. He supported submitting the draft and hearing HCD's
comments and removing any inclusionary policy.
Council Member Brenner indicated there is no way to get the required numbers without an
inclusionary policy, agreed with delaying submittal, and pr ferred to look at overlay zones for
ADUs, place copies in all the libraries, work with Steve Ray to see how the Conservancy can
support the City in modifying numbers, hold a study session regarding 100% affordable housing
projects and perhaps design standards, and push the objection to this process because it was
implemented before the pandemic and people egan woI
ng at home.
W
Council Member O'Neill proposed staff wait 30 ays to submit the draft Housing Element to
HCD so that Council has time to con40V sue that may arise.
In response to Council Member O'Neill's questions, Oommunity Development Director Jurjis
reported staff can probably adjust the numbers if Uptown Newport needs additional units, the
City is short on substantial evidence letters to support a list of opportunity sites, and staff will
adjust the units to comply with the 60/40 sstt ategy.
Council Member O'Neill referred to r tO the reference to inclusionary zoning and resolve
p � Y g
issues before adoption of the Housing lement. In response to his question, Council Member
Brenner suggelted an overlay could adjust the size of ADUs to the areas in which they are
included. Council MemberP'Neill favored that as a policy but not as a component of the Housing
Element, expressed some ncern regarding the ability to reach 1,000 ADUs, and reiterated his
support for sub wag
the draft in 30 days.
With Council Member Duffield absent, there was a 6-0 straw vote in support of
submitting in 30V ys. However, if something changes, the Mayor can call a special
meeting.
Council Member Dixon proposed massive communications to encourage ADUs.
Mayor Avery appreciated the discussion and facts presented by the public.
III. PUBLIC COMMENTS
Jim Mosher, addressing Closed Session Item IV.C, commended staff for the new format, noted the basis
of the two lawsuits and the public's interest in their status, and questioned whether Council will
consider joining the two cases or filing amicus briefs, and whether the public will be informed of the
status of the cases.
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City of Newport Beach
Study Session and Regular Meeting
July 13, 2021
Mayor Pro Tent Muldoon recused himself on any discussion related to the Radio Amateur Civil
Emergency Service (RACES) program due to potential business interest conflicts and left the
dais.
Peter Putnam reported that the Newport Beach Police Department canceled its support of the RACES
program, which is part of the Newport Beach Emergency Operations Plan, and requested the
appointment of a new RACES coordinator.
Steve Ray stated the Banning Ranch Land Trust will plan for Banning Ranch's future and proposed a
meeting with the City to talk about future plans.
Corena Dusek, Harbor View Hills, indicated that RACES participants support the Police and Fire
Departments and many are Community Emergency Response Team (CERT) trained, and requested
Council restore CERT communications and the RACES program or turn on repeaters to enable
communications across a bigger area.
Roy Shlemon noted RACES volunteers assisted public safety in the past and Newport Beach is one of
the few cities in Orange County without a RACES program, an requested Council reestablish the
program.
Avery Counts, Constituent Services Manager for Orange 2nd District Supervisor Foley,
commented regarding the reopening of the Newport Bay Am hitkeatre, a Veterans Workforce
Development program, the District 2 Arts Grant program, a July 15th Town Hall, and an August 12th
community workshop regarding the County's redistricting process, and invited communications with
him at avery.counts@ocgov.com or 714-559-8364.
AW
City Attorney Harp announced that the City CorfncNp
uId adjourn to Closed Session to
discuss the items listed in the Closed Session agenda, t Item IV.A, and read the titles for
Items IV.B and IV.C.
IV. CLOSED SESSION — Council Chambers CWence Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
1k
Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant
City Manager, Barbara Salvini, Human Resources Director, and Charles Sakai, Esq., Negotiators.
Employee Organizatilb Association of Newport Beach Ocean Lifeguards (ANBOL) and
Newport Beach Police Asso ation (NBPA).
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and
944 Via Lido Nord (423-281-10) (approximately 845 square feet).
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Whitlinger, Real
Property Administrator.
Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the 944 Via Lido
Nord Trust.
Under Negotiation: Instruction to City Negotiator regarding price and terms of payment.
C. CONFERENCE WITH LEGAL COUNSEL
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City of Newport Beach
Study Session and Regular Meeting
July 13, 2021
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 2 matters
1. Orange County Council of Governments v. Gustavo Velasquez, et al.
Los Angeles Superior Court, Central District Case No. 21STCP01970
(The City Council will be meeting with legal counsel regarding the lawsuit filed by the Orange
County Council of Governments against Gustavo Velasquez, and the California Department of
Housing and Community Development, which is challenging the regional housing needs
assessment for the Southern California Association of Governments region.)
2. Delux Public Charter, LLC D/B/A/ JSX Air and JetSuiteX, Inc. v. County of Orange, et al.
United States District Court, Central District Case No. 8:20-CV-2344-JLS (KES)
(The City Council will be meeting with legal counsel regarding the lawsuit filed by Delux Public
Charter, LLC D/B/A/ JSX Air and JetSuiteX, Inc. against the County of Orange, which relates
to JSX's operations and John Wayne Airport.)
V. RECESSED — 6:22 p.m.
VI. RECONVENED AT 7:09 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, ncil Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, ouncil Member Will O'Neill
Absent: Council Member Duffy Duffield
f"�*
VIII. CLOSED SESSION REPORT
City Attorney Harp reported that, regarding Closed S*sionem IV.C.2, the City Council authorized the
City Attorney's Office to intervene in the action or, if the court will not allow the City to intervene, authorize
the City Attorney's Office to file an amicus brief. The motion was made by Mayor Pro Tem Muldoon,
seconded by Council Member Dixon, and passed 6-0, with Council Member Duffield absent.
� IX. INVOCATION — Derek Davis, Secon Crch of Christ Scientist
11 �
X. PLEDGE OF ALLEGIANCE u 1 Member Dixon
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Brenner:
• Attended the solid waste recycling ad hoc committee meeting with Council Members Dixon and
O'Neill, the Big Canyon Restoration Project plaque dedication with Council Members Dixon and
Blom, and The Crab Cooker reopening with Council Member Dixon
• Met with Larry Tucker, Ed Selich and Good Neighbors Newport regarding inclusionary policies and
design standards, a constituent and staff regarding ADUs, and Orange County Mosquito and Vector
Control staff regarding a new program to control mosquitos
• Participated in the Old Glory Boat Parade on July 4th
Council Member Dixon:
• Attended Southern California Association of Governments (SCAG) committee and Regional Council
meetings, Orange County Council of Governments (OCCG) meeting, and the Balboa Peninsula and
Mariners Park July 4th parades
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City of Newport Beach
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July 13, 2021
XIII.
• Displayed slides highlighting the Balboa Peninsula Summer Trolley, Rep. Steel's visit to discuss
Peninsula Flood Protection and the Junior Lifeguard program, the Big Canyon Restoration Project
plaque unveiling, and The Crab Cooker reopening
• Announced an Aviation Committee meeting on July 19th
Council Member Blom:
• Attended the Water Quality/Coastal Tidelands Committee meeting, the Little Balboa Island
community meeting, the Junior Lifeguard fundraiser, and the Big Canyon Restoration Project
plaque unveiling
Mayor Pro Tem Muldoon:
• Requested a future agenda item to direct staff to create a Request for Proposals (RFP) in the event
of a natural disaster/emergency
Mayor Avery:
• Attended the Balboa Peninsula and Mariners Park July 41h parades and spent time in his boat on
the Harbor
AGENDA
• Adopt a Healthy Children Resolution supportixlg schooley return to normal and
for parental choice in deciding whether to mask or vWci heir children [Blom]
Mayor Avery, Mayor Pro Tem Muldoon, Council Member Blom, Council Member Dixon, and Council
Member O'Neill concurred to bring the it back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CAL NDA -O'
Jim Mosher, addressing Item 7 (Planning Commission Agenda for the July 8, 2021 Meeting), urged
Council to call for review the Director's Determination regarding construction of residential dwellings
on hotel properties and discussed Council's February direction to staff regarding the definition of a hotel,
the Community Development Director's findin.qs-to support the Determination, and the Community
Development Director's comments to the P�i'ng Commission regarding the Greenlight Initiative.
A
XV. CONSENT CALENDAR
READING OF MINUTf
1. Minutes for the Jung W2021 City Council Regular Meeting [100-20211
Waive reading of subje inutes, 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.
RESOLUTION FOR ADOPTION
3. Resolution No. 2021-63: Emergency Declaration Continued — Caulerpa Prolifera in
Newport Harbor [100-20211
a) The proposed action is exempt from the California Environmental Quality Act ("CEQA')
pursuant to Section 15269(c) (the activity is necessary to prevent or mitigate an emergency) of
the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it does not have the potential for causing a significant effect on the environment, and none of
the exceptions listed in Guidelines Section 15300.2 apply. Section 15269 allows specific actions
necessary to prevent or mitigate an emergency; and
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City of Newport Beach
Study Session and Regular Meeting
July 13, 2021
c) Adopt Resolution No. 2021-63, A Resolution of the City Council of the City of Newport Beach,
California, Proclaiming the Continued Existence of a Local Emergency Related to the Infestation
of Caulerpa Prolifera in Newport Harbor.
CONTRACTS AND AGREEMENTS
4. 16th Street Pump Station Upgrades and Back-up Generator — Award of Contract No. C-
7693-2 (18W13) [381100-20211
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(b) Class 1, (existing facilities of publicly owned utilities used to provide electric
power, natural gas, sewerage or other public utility services) of the CEQA Guidelines, because
this project has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No 7693-2 to R.I.C. Construction Co., Inc. for the total bid price of
$2,508,905.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $251,000.00 (approximately 10 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
5. Agreement with American International Environmental Inc., for Landfill Gas Control
System Operations and Maintenance Services at Newport Terrace Landfill (C-8734-1)
[381100-2021] _
a) Determine this action is exempt from the California E%vironmental 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 for Landfill Gas Control System Operations and
Maintenance Services at NewpoA Terrace Landfill with American International
Environmental, Inc., for a three-year term with a not -to -exceed amount of $475,000, and
authorize the Mayor and City Clerk to execute the Agreement.
.Aqw�
6. Award of On -Call Harbor Main nance/Repair Service Agreements with Tidal Marine
Construction, Inc. (C-8735r1) and %wiftllSfe
Dock & Pier Builders, Inc. (C-7382-2) [38/100-
2021]
a) Determine this action is exempt fro California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) a060(c)(3) of the CEQA Guidelines because this action
will not result i% a physical change to the environment, directly or indirectly; and
b) Approve two separate On -Call Maintenance/Repair Services Agreements: one with Tidal Marine
Construction, Inc. for harbor maintenance and repair, and one with Swift Slip Dock & Pier
Builders, Inc. f9r dock maintenance, at not -to -exceed amounts of $155,000 per agreement, and
authorize the Mayor an ,City Clerk to execute the agreements.
FF
MISCELLANEOUS
7. Planning Commission Agenda for the July 8, 2021 Meeting [100-2021]
Receive and file.
8. Donation of Police Explorers Program Vehicle [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) Accept a restricted donation in the amount of $49,987.01 for the purchase and upfit of a Ford
Transit passenger van for the Police Explorers program and deposit the funds in the Police
Equipment Fund Private Donations Account, 75304-561005.
9. Confirmation of Voting Delegate and Alternates for the 2021 League of California Cities
Annual Conference — September 22, 2021 to September 24, 2021 [100-2021]
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City of Newport Beach
Study Session and Regular Meeting
July 13, 2021
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) Designate Council Member Joy Brenner to be the Voting Delegate and the remainder of the City
Council to be the Alternate Voting Delegates at the League of California Cities Conference; and
c) Direct the City Clerk to complete and submit the designation form to the League of California
Cities.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Dixon, to approve the
Consent Calendar; and noting the amendments to Item 1.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
An unidentified speaker expressed the opinion that the recent in llation of lighting throughout the
City is excessive and impacts global warming, and proposed cr, separate areas for cell phone use
to limit exposure to electromagnetic radiation. 0
Jim Mosher noted the absence of an opportunity for the ublic to p comments by phone or Zoom.
XVIII. PUBLIC HEARING
10. Resolution No. 2021-64: Second Substantial Amendment to the 2020-21 Annual Action
Plan for the Federal Community Development Block Grant Program
Community Development Director Jurjis reported the City will receive approximately $741,000 in
the third round of Community Development Block Grant (CDBG-CV3) funding, funding is intended
to assist members of the public affected by COVID-19, approximately $24,000 will be allocated to
administration costs, and Council may distribute funding through an RFP process or to Be Well OC.
In response to Council Member O'Neill'sI question, Community Development Director Jurjis
indicated that the reference to 30 people in the staff report is a placeholder, and the funding could
assist hundred
Mayor Ave �(ened the public hearing. Hearing no testimony, he closed the public
hearing. _
Motion by Mayor PrVTem Muldoon, seconded by Council Member O'Neill, to a) find the
approval of the Second Substantial Amendment to the 2020-21 Annual Action Plan exempt from the
National Environmental Policy Act (NEPA") pursuant to 24 CFR Part 58, Section 58.34; b) find the
approval of the Second Substantial Amendment to the 2020-21 Annual Action Plan is exempt from
the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly; c) adopt Resolution No. 2021-64, A
Resolution of the City Council of the City of Newport Beach, California, Approving a Second
Substantial Amendment to the 2020-21 Annual Action Plan for the Federal Community Development
Block Grant Program; and d) authorize the City Manager to 1) submit the Second Substantial
Amendment to the 2020-21 Annual Action Plan to HUD, 2) execute the CDBG-CV3 Program Grant
Agreement and all related documents on behalf of the City, and 3) authorize the Community
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City of Newport Beach
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July 13, 2021
Development Director, or his designee, to be the official representative of the City of Newport Beach,
and to submit required environmental documentation for CDBG projects.
The motion carried unanimously.
XIX. CURRENT BUSINESS
11. Rescind Resolution No. 97-70 and Approve Resolution No. 2021-65 for Solid Waste,
Recyclable and Organic Service Fee for the Use of the Washington Street Bins [100-20211
Jim Mosher expressed concern that the public is not aware of the negotiation relative to the bigger
CR&R contract and shared Costa Mesa Sanitary District's concerns regarding CR&R.
Council Member Dixon thanked staff for working with the merchants in Balboa Village, and noted
the City will recover all costs for commercial trash collection.
Motion by Council Member Dixon, seconded by Council Member O'Neill, to a) determine
this action is exempt from the California Environmental Qual4' Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because thisFaction will not result in a physical
change to the environment, directly or indirectly; and b) adopt Resolution No. 2021-65, A Resolution
of the City Council of the City of Newport Beach, California, Authorizing Certain Properties to Use
Public Solid Waste, Recyclable Material, or Divertible Material Bins XContainers in Accordance with
Section 6.04.170 of the Newport Beach Municipal Code Subject to Paying for the Cost of Service.
0
With Mayor Pro Tem Muldoon voting "no," the motion carried 5-1.
XX. MOTION FOR RECONSIDERATION -
XXI. ADJOURNMENT -Adjourned at 7:50 p.m. 'n memory of Deane Bottorf and Erin Vukojevic
The agenda was posted on the City's web9ite and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
July 8, 2021, at 4:00 p.m.
Leilani I. Brown
City Clerk
Brad Avery
Mayor
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