HomeMy WebLinkAbout01/11/2022 - Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Regular Meeting
January 11, 2022
ROLL CALL - 4:00 p.m.
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
II. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Jim Mosher suggested reinstating the remote call-in option for City Council meetings.
Laura Curran cited public notice violations at drug and alcohol rehabilitation homes and proposed that
the City require qualified and experienced staff.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed in the Closed Session agenda and read the titles; and reported that
Mayor Muldoon will be recusing himself on Closed Session Item III.B.1 due to potential
business interest conflicts and City Manager Leung will be recusing herself on Closed Session
Item III.0 due to personal financial interest conflicts.
III. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, and Barbara Salvini, Human
Resources Director, Negotiators.
Employee Organizations: Part Time Employees Association of Newport Beach (PTEANB), and
Association of Newport Beach Ocean Lifeguards (ANBOL).
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 2 matters
1. City of Newport Beach v. Cooley, LLP., and William O'Connor
Orange County Bar Association Mandatory Fee Arbitration Case No. NV -021-6750
2. Delux Public Charter, LLC DIB/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)
C. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Kevin Muldoon, Mayor; and Noah Blom, Mayor Pro Tem.
Unrepresented Employees: Grace K. Leung, City Manager.
IV. RECESSED - 4:05 p.m.
V. RECONVENED AT 5:05 P.M. FOR REGULAR MEETING
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VI. ROLL CALL
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
VII. CLOSED SESSION REPORT
City Attorney Harp announced that Mayor Muldoon recused himself on both Closed Session Items III.B.l
and III.B.2 due to potential business interest conflicts.
Regarding Closed Session Item III.B.2, City Attorney Harp reported that a motion was made by Mayor Pro
Tem Blom and seconded by Council Member Dixon to continue to support the County of Orange in this
litigation, including providing amicus support, if needed, and to monitor the litigation to ensure the City's
interests are protected, but to not isle a motion to intervene at this time. He noted that all Council Members
were present and voted in favor of the motion, except Mayor Muldoon who recused himself.
VIII. INVOCATION - Father Steve Sallot, Our Lady Queen of Angels Church
IX. PLEDGE OF ALLEGIANCE - Council Member O'Neill
X. PRESENTATION
Recognition of the Freeway Fighters
Mayor Muldoon announced that the presentation will be conducted at a future City Council
meeting.
XI. PUBLIC HEARINGS - taken out of order
19. Resolution Nos. 2022-5 and 2022-6: Proposed Assessment District No. 120-2 Public Hearing
- Area Along Santa Ana Avenue, Cliff Drive, La Jolla Lane & La Jolla Drive [38/100-2022]
Mayor Muldoon recused himself due to potential business interest conflicts.
Mayor Pro Tem Blom announced that all ballots must be received by the City Clerk by the close of
the public hearing.
Mayor Pro Tem Blom opened the public hearing. Hearing no further testimony, he closed
the public hearing.
Following the completion of the assessment ballot tabulation, City Clerk Brown announced that
30 of the 44 ballots were returned, which reflects 68.18% ballot returns and an assessment amount
of $1,797,865.16. She reported that, based on the tabulations for the ballots received for Assessment
District No. 120-2, 25 ballots were submitted in favor of the Assessment District which represented
86.30% of the votes, for a total assessment of $1,551,525.75, and 5 ballots were submitted in
opposition, which represented 13.70% of the votes, for a total assessment of $246,339.41. She noted
that Council may proceed, if desired, with the formation of the Assessment District by adopting the
resolution confirming the assessment.
Motion by Council Member Dixon, seconded by Council Member Avery, to a) adopt
Resolution No. 2022-5, A Resolution of the City Council of the City of Newport Beach, California,
Overruling Protests, Approving Final Engineer's Report, Levying Assessments without Modification,
Approving and Ordering the Work and Improvements for the Utility Underground Project, and
Authorizing and Directing Related _fictions with Respect to Assessment District A To. 120-2.
With Mayor Muldoon recusing himself, the motion carried 6-0.
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XII. NOTICE TO THE PUBLIC
XIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member O'Neill:
• Attended the Patrick's Purpose Walk and Christmas Boat Parade
• Announced a San Joaquin Hills Transportation Corridor Agencies (TCA) Board meeting
Council Member Dixon:
• Attended the Aviation Committee meeting on December 20, 2021, and announced the next meeting
on January 24, 2022
• Attended the Southern California Association of Governments (SLAG) Regional Council meeting
and reported that the Board voted to support a ballot initiative aimed at overriding State housing
laws by giving local governments control over land use decisions
Council Member Brenner:
• Attended Wake Up Newport and the Newport -Mesa Unified School District (NMUSD)
Superintendent speech
• Utilized a slide to discuss the Trellis team who worked on Pacific Coast Highway (PCH) over the
holidays
• Along with Fire Chief Boyles, met with Laguna Beach Council Member George Weiss regarding
ambulance service
Mayor Muldoon:
• Attended the Christmas Boat Parade kick off with the Grand Marshal and local Newport Beach
U.S. Olympic athletes
• Announced that the County of Orange will mail COVID tests to residents upon request
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member O'Neill noted the amendments to the budget amounts in the staff report pertaining to
Agenda Item 10 (Via Lido Soud & Nord Pavement Rehabilitation — Award of Contract No. 7992-1
(21R11)).
Jim Mosher requested an explanation regarding the purpose of Consent Calendar Items 13 (Tentative
Agreement with Newport Beach Employees League (League)), 14 (Approval of Side Letters of
Agreement with the Newport Beach City Employees Association (CEA) and Newport Beach Professional
and Technical Employees Association (ProfTech)), and 15 (Draft Revisions to the Newport Beach Key
and Management Compensation Plan (K&M)), and suggested City employee bonuses be tied to future
work. He also questioned the structure, purpose, and public input of the General Plan Update Steering
Committee formation (Item 5).
Laura Curran requested greater clarity of facility types in amendments related to Residential Care
Facilities in Item 6 (Resolution No. 2022-3: Initiation of Zoning Code and LCP Amendments Related to
Residential Care Facilities), clarified areas of land use authority by the City, advocated for ordinance
enforcement and qualified personnel, and questioned the Key and Management Compensation Plan
details in Item 15 (Draft Revisions to the Newport Beach Key and Management Compensation Plan
(K&M)).
Mayor Muldoon clarified the reason and funding source for the bonus distribution to City employees
and noted that compensation plan contributions are subject to tax penalties for early withdrawal. City
Attorney Harp explained the bonus guidelines.
Council Member Dixon requested an update on the Harbor Commission Objectives (Item 17)
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City Attorney Harp announced that Council Member Duffield recused himself due to business
interest conflicts and left the room.
Harbor Commission Chair Kenney requested that Council review and approve the Harbor Commission
2022 objectives.
In response to Council Member Dixon's questions, City Attorney Harp clarified the proposed General
Plan Update Steering Committee structure and Council Member O'Neill clarified how and why a three-
member structure was derived.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the December 14, 2021 City Council Meeting [100-20221
Waive reading of subject minutes, approve as written, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title
only.
ORDINANCE FOR INTRODUCTION
3. Ordinance No. 2022-1: Amending the Newport Beach Municipal Code for Lido Isle Hedge
Heights (PA2019-132) [100-20221
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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-1,
An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local
Coastal Program Amendment No. LC2019-002 to Amend Title 21 (Local Coastal Program
Implementation Plan) of the City of Newport Beach Municipal Code Related to Hedge Heights in
Front Setbacks Abutting Stradas In Lido Isle (P.42019-132), and pass to second reading on
January 25, 2022.
Council Member Dixon recused herself from Item 3 due to real property interest conflicts.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2022-1: Updating the List of Designated Positions for 2022 Under the City's
Conflict of Interest Code [100-20221
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. 2022-1, A Resolution of the City Council of the City of Newport Beach,
California, Adopting an Updated Designated Employees List for 2022.
5. Resolution No. 2022-2: Creating the General Plan Update Steering Committee (PA2017-
141)[100-20221
Continue the Item to the January 25, 2022 City Council meeting.
6. Resolution No. 2022-3: Initiation of Zoning Code and LCP Amendments Related to
Residential Care Facilities (PA2021-292) [100-20221
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3; and
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b) Adopt Resolution No. 2022-3, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal
Program Implementation Plan) of the City of Newport Beach Municipal Code Related to
Residential Care Facilities (PA2021-292).
CONTRACTS AND AGREEMENTS
7. Concrete Alley and Street Replacement Project (No. 21R07) - Notice of Completion for
Contract No. 7753-2 [381100-2022]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
Mayor Muldoon recused himself from Item 7 due to potential business interest conflicts,
and City Clerk Brown recused herself on Item 7 due to real property interest conflicts.
8. Water Well Rehabilitation - Tamura Shallow Well (Project No. 22W05) - Award of
Contract No. 8727-2 [381100-2022]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no expansion
of capacity) 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. 8727-2 to General Pump Company, Inc. for the total bid price of $331,678,
and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $33,000 (approximately 10 percent of total bid) to cover the cost of
unforeseen work not included in the original contract.
Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (Project
No. 211115) - Award of Contract No. 7885-2 [381100-2022]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no
expansion of use), of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7885-2 to All American Asphalt for the total bid price of $3,955,555.55, and
authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $396,000 (approximately 10 percent of total bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 22-035 appropriating $28,717 in new revenue and
expenditures from Lumen Technologies, Inc. (Lumen), Orange County Water District (OCWD),
and Orange County Sanitation District (OCSD) to 13501-980000-21R15.
10. Via Lido Soud & Nord Pavement Rehabilitation - Award of Contract No. 7992-1 (211111)
[381100-2022]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (b) (c), Class 1, (maintenance of existing public facilities involving negligible or
no expansion of use), of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7992-1 to All American Asphalt for the total bid price of $958,859.00, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $96,000.00 (approximately 10 percent of the total bid) to cover the
cost of unforeseen work not included in the original contract.
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11. Approval of Professional Services Agreement with Moffatt & Nichol for Harbor Piers
Rehabilitation Project (19H02) (C-8821-1) [381100-20221
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 Moffatt & Nichol of Costa Mesa, California, for
the Harbor Piers Rehabilitation Permitting and Design Project at a total not -to -exceed fee of
$317,433, and authorize the Mayor and City Clerk to execute the Agreement.
Mayor Pro Tem Blom recused himself from Item 11 due to real property interest conflicts.
12. Newport Bay Trash Wheel Project - Approval of Amendment No. One to the Professional
Services Agreement with Burns & McDonnell Engineering Company, Inc. (Contract
No. 7127-3) [38/100-20221
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. One to the Professional Services Agreement with Burns & McDonnell
Engineering Company, Inc. at a not -to -exceed amount of $85,765, and authorize the Mayor and
City Clerk to execute the agreement; and
c) Approve Budget Amendment No. 22-034 appropriating $85,765 in increased expenditures in
Account No. 10001-980000-17X12 (Newport Bay Water Wheel) from the unappropriated
Tidelands Maintenance fund balance.
13. Tentative Agreement with Newport Beach Employees League (League) (C-2065) [381100-
20221
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Receive and consider the Tentative Agreement between the City of Newport Beach and the
Newport Beach Employees League.
14. Approval of Side Letters of Agreement with the Newport Beach City Employees
Association (CEA) (C-2051) and Newport Beach Professional and Technical Employees
Association (Proffech) (C-2059) [38/100-20221
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 Side Letter of Agreement to the Memorandum of Understanding between the City
of Newport Beach and the Newport Beach City Employees Association;
c) Approve the Side Letter of Agreement to the Memorandum of Understanding between the City
of Newport Beach and the Newport Beach Professional and Technical Employees Association;
and
d) Approve Budget Amendment No. 22-036 appropriating $344,000 in increased expenditures in
various City division salary accounts from the unappropriated fund balances of various City
funds.
15. Draft Revisions to the Newport Beach Key and Management Compensation Plan (K&M)
[100-20221
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Receive and consider the revised Key and Management Compensation Plan.
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MISCELLANEOUS
16. Annual Mayor Appointments [100-2022]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Confirm Mayor Kevin Muldoon's appointments under City Council Policy A-2, as provided in
the staff report.
17. Harbor Commission 2022 Objectives [100-2022]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Receive and file the Harbor Commission's 2022 objectives.
Council Member Duffield recused himself from Item 17 due to business interest conflicts.
Following discussion, motion by Mayor Pro Tem Blom seconded by Council Member Dixon, to
approve the Consent Calendar; and noting the recusal by Mayor Muldoon to Item 7, the recusal by
Mayor Pro Tem Blom to Item 11, the recusal by Council Member Dixon to Item 3, the recusal by Council
Member Duffield to Item 17, the continuance of Item 5 to the January 25, 2022 City Council meeting,
and the amendment to the budget amounts in the staff report for Item 10.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
In response to Christopher Sims discussion of speed and noise disruptions on Superior Avenue and
Pacific Coast Highway near Newport Shores, Mayor Muldoon directed Mr. Sims to City staff for
assistance.
Council Member Brenner suggested an update from Police Chief Lewis on speed enforcement efforts.
Laura Curran encouraged Mr. Sims to attend the Corona del Mar Residents Association (CdMRA)
meeting held monthly on the third Thursday with Lt. Eric Little, and thanked the police department
for their attendance.
Police Chief Lewis provided a summary of speed enforcement efforts, police resource distribution,
coordination with neighboring partners, and educational initiatives to address speeding and noise
violations. Council Member Brenner and Police Chief Lewis noted that the current Traffic Commander
is Lt. Ryan Peters.
XVIII. PUBLIC HEARING
18. Ordinance Nos. 2022-2 and 2022-3: Amending the Newport Beach Municipal Code and the
Coastal Land Use Plan Related to Cottage Preservation (PA2019-181) [100-2022]
Council Member Brenner recused herself due to real property interest conflicts.
Principal Planner Murillo utilized a presentation to discuss the proposed Municipal Code and
Coastal Land Use Plan Amendments related to cottage preservation, previously approved incentives
from January 28, 2020, a cottage preservation example, and the California Coastal Commission
approval with modifications from November 19, 2021.
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In response to Mayor Muldoon's questions, Principal Planner Murillo confirmed that current Short -
Term Lodging (STL) permit rules apply to the incentive within the coastal zone, deed restrictions
are attached to the land, and would be removed with structure demolition.
In response to Council Member Dixon's questions, Principal Planner Murillo explained that single-
family, duplex, or triplex dwellings are eligible for the incentive and additional units would require
a second permit.
Mayor Muldoon opened the public hearing.
Laura Curran suggested that universal regulation govern the number of STL permits, noted
potential consequences with the regulations, and addressed specific circumstances for consideration
during the application process.
In response to Mayor Muldoon's question, Principal Planner Murillo clarified that homeowners
interested in building outside the building envelope would not be eligible for the incentive.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
Motion by Council Member Dixon seconded by Council Member Avery, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065
of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed
action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no
potential to have a significant effect on the environment; b) adopt Resolution No. 2022-4, A
Resolution of the City Council of the City of Newport Beach, California, Adopting Local Coastal
Program Amendment No. LC2019-004 and Amending Policy 2.9.3-8 of the Newport Beach Coastal
Land Use Plan Related to Cottage Preservation (PA2019-181); c) waive full reading, direct the City
Clerk to read by title only, introduce Ordinance No. 2022-2, An Ordinance of the City Council of the
City of Newport Beach, California, Adopting Revisions to Zoning Code Amendment No. CA2019-006
Amending Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to
Cottage Preservation for Consistency with the California Coastal Commission's Modifications
(PA2019-181), and pass to second reading on January 25, 2022; and d) waive full reading, direct the
City Clerk to read by title only, introduce Ordinance No. 2022-3, An Ordinance of the City Council
of the City of Newport Beach, California, Accepting California Coastal Commission's Suggested
Modifications and Adopting Local Coastal Program Amendment No. LC2019-004 to Amend Title 21
(Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related
to Cottage Preservation (PA2019-181), and pass to second reading on January 25, 2022.
With Council Member Brenner recusing herself, the motion carried 6-0.
XIX. CURRENT BUSINESS
20. Approval of Proposed Residential Solid Waste Collection & Recycling Contract with
CR&R Inc. Residential Solid Waste Collection (C-5649 & C-3942) (C-8823-1) [381100-20221
Deputy Public Works Director Martin utilized a presentation to review the residential refuse
collection contract, changing laws regarding solid waste collection, recycling and disposal, City solid
waste collection and processing program updates to comply with State law mandates, program
additions needed to accommodate changes in State law, and other circumstances impacting refuse
collection.
In response to Council Member Dixon's questions, Deputy Public Works Director Martin explained
the Dirty Materials Recovery Facility (MRF) process, clean MRF process, and the source separation
program to meet landfill reduction efforts and reduce greenhouse gases.
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Deputy Public Works Director Martin continued with the presentation to discuss the current refuse
collection contracts, City Council Solid Waste Working Group key goals and objectives, the current
2 -cart collection system, Newport Coast contracts, the proposed 3 -cart collection system, service
issues that are being addressed, and proposed collection and processing modifications.
In response to Council Member Dixon's questions, Deputy Public Works Director Martin reported
that public outreach and education will support the new bulky item pickup service effective
January 15, 2022.
Deputy Public Works Director Martin continued with the presentation to discuss waste collection
cart size options, free carts provided to residents, current and projected waste generation volumes
per household, and waste collection costs and carts per household.
In response to Council Member Dixon's questions, Deputy Public Works Director Martin indicated
that extra carts will be available, and the sustainability team will work with residents to increase
trash generation efficiencies.
In response to Council Member Brenner's questions, Deputy Public Works Director Martin indicated
that larger carts are intended for STLs, homebased businesses, and live-in facilities.
Deputy Public Works Director Martin continued with the presentation to discuss additional
collection and processing modifications, some residential collection day route changes, why
collection day route changes are necessary and noted the website to find collection day schedules,
and the new residential refuse collection contract costs.
In response to Council Member Dixon's question, Deputy Public Works Director Martin confirmed
that the increased refuse collection cost in the proposed contract will be paid from the City's general
fund.
In response to Council Member Avery's question, Deputy Public Works Director Martin confirmed
the residential monthly recycling fee.
Deputy Public Works Director Martin continued with the presentation to discuss the comparison of
recently bid and negotiated residential customer rates that include Senate Bill (SB) 1383 programs.
In response to Council Member Dixon's question, Deputy Public Works Director Martin explained
that the new refuse collection contract includes a direct customer service program, public outreach
and education, performance standards and liquidated damages, and a collision avoidance system
and reporting.
Deputy Public Works Director Martin continued with the presentation to discuss the contract
implementation schedule, continued community outreach and education efforts, items to remember,
and noted support phone numbers and the website www.newportbeach.gov/recycle.
In response to Council Member Brenner's questions, Deputy Public Works Director Martin indicated
the steps to change cart size, distribution dates for food waste carts, collection truck colors, outreach
and education for street sweeping schedule changes and the collision avoidance system, and the
Christmas tree pick-up process.
In response to Council Member Dixon's question, Deputy Public Works Director Martin noted
options and resources for public assistance.
Council Member O'Neill recognized the consultants, staff, and members of Council for their
contributions, and noted the State mandates and regulations behind the changes and the related
costs to the General Plan fund.
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In response to Mayor Muldoon's questions, Deputy Public Works Director Martin confirmed the
waste collection cart allotments and explained the food waste collection process and trash schedule
communication efforts.
In response to Council Member Avery's question, Deputy Public Works Director Martin highlighted
the next implementation steps.
In response to Council Member Brenner's question, Deputy Public Works Director Martin confirmed
that food waste should be placed in the organic waste bin, not garbage disposal.
Jim Mosher clarified the bulky item counts, and questioned the cart variety options, food scrap
composting solution, truck refueling location, refuse collection costs, variable costs, and the City's
free residential trash collection obligation.
Motion by Council Member 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) approve a new Residential Solid Waste
Collection & Recycling Contract with CR&R to replace the two existing contracts (C-5649 & C-3942),
beginning on January 15, 2022, at an initial monthly rate of $24.08 per residential household (paid
by the City) and a contract term of eight years with two optional one-year contract extensions.
The motion carried unanimously.
21. Resolution No. 2022-7: Changes and Additions to Street Sweeping Days for Portions of
the Balboa Peninsula, Corona del Mar and West Newport [100-2021]
Utilities Director Vukojevic utilized a presentation to review the proposed changes to the street
sweeping schedule and noted that an amended resolution was distributed and reviewed.
In response to Mayor Muldoon's questions, Utilities Director Vukojevic reviewed the new schedule
start date, but noted there will be an enforcement grace period and process.
Motion by Mayor Pro Tem Blom, 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) adopt amended Resolution No. 2022-7, A
Resolution of the City Council of the City of Newport Beach, California, Establishing "No Parking"
Restrictions on Designated Streets on Specific Days and Times to Improve Street Sweeping
Effectiveness and Rescinding Resolution No. 2020-87.
The motion carried unanimously.
MOTION FOR RECONSIDERATION - None
ADJOURNMENT - Adjourned at 7:05 p.m. in memory of Kelly Ernby, Carol Dru, and
Lila Crespin
The agenda was posted on the City's website and on the City Hal electronic bulletin board
located in the entrance of the City Council Chambers at 0 Civic Center Drive on
January 6, 2022, at 4:00 p.m.
�EWPpR�
Kevin uldoon, Mayor
Leilani I. Browoh, City Clerk
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