HomeMy WebLinkAbout05/10/2022 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
May 10, 2022
I. ROLL CALL — 4:00 p.m.
Present: Mayor Kevin Muldoon, Council Member Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill
Absent: Mayor Pro Tem Noah Blom (excused)
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. National Public Works Week Proclamation
Mayor Muldoon read the proclamation and presented it to Public Works Director Webb, who
thanked the City Council and residents for their support, recognized the opportunities presented
in the City, and announced the Touch -a -Truck event on May 14, 2022, at the Balboa Pier.
SS3. Proclamation Honoring the Corona del Mar High School Women's Water Polo
CIF Champions
Mayor Muldoon read the proclamation and presented it to Coach Melissa Seidemann who
recognized the team's efforts and thanked the City Council for honoring them.
SS4. Residential Refuse Program Roll -Out Update
Public Works Director Webb and Deputy Public Works Director Martin utilized a presentation
to provide an update on the roll -out of the residential refuse collection and recycling program
since its implementation in January 2022, refuse collection/processing modifications and the
new three -cart waste collection system, new split -body collection trucks, cart options and right -
sizing, kitchen pail distribution, customized ancillary services, the valet service, CR&R
extended start date for ancillary service charges and its WebPak on-line system, outreach and
education, a first quarter contamination audit, an example of non -containerized waste reminder
hang tags, bulky item pickup, and noted that customers can reach CR&R at 949-677-4158.
In response to Council Member Avery's question, Public Works Director Martin indicated that
the hang tags are used as a reminder to residents to breakdown boxes and place them in the
correct cart, explained charges for noncompliance, and discussed next steps for enforcement,
education, and appropriate cart count.
In response to Council Member Brenner's question, Deputy Public Works Director Martin
assured that multiple cans are not being emptied into the same truck. Public Works Director
Webb discussed alley complaints, the new split truck system, and the side loader trucks.
Hashem Shokair, CR&R Senior Sustainability Manager, confirmed that the containers do not
comingle and discussed driver training.
In response to Council Member Dixon's questions, Deputy Public Works Director Martin
discussed the importance of properly filling carts, Mr. Shokair confirmed that carts are collected
regardless of fill levels and indicated that calls should be directed to CR&R relative to any
materials left behind. Council Member Dixon relayed the ease of pulling apart newer boxes
during breakdown and extended her thanks for the roll -out and a job well done.
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In response to Council Member Avery's question, Mr. Shokair described a newer, smaller truck
fleet powered by renewable natural gas (RNG). Public Works Director Webb indicated the
contract recall included a new fleet to service Newport Beach and Deputy Public Works Director
Martin discussed fleet optimization after the route changes.
In response to Council Member Brenner's question, Mr. Shokair discussed complaint reporting
options and Council Member Brenner thanked Deputy Public Works Director Martin and
CR&R.
Jim Mosher questioned the split body truck loading process and valet service charges, noted
discrepancies with the valet service, revised billing start dates and WebPak account, and
inquired about the goal of Senate Bill 1383 and which items are being missorted.
Deputy Public Works Director Martin clarified that split body trucks are rear loading, used in
alleys, and are operated by two people, valet service is optional, and reviewed contamination
goals for residential waste. Mr. Shokair added that mixed materials and plastic film are the
most common misplaced items and, in response to Mayor Muldoon's question, described plastic
film as flimsy plastic wrappers.
SS5. Short Term Lodging Transferability
Community Development Director Jurjis and Management Assistant Alannouf utilized a
presentation to discuss transferability of Short -Term Lodging (STL) Permits on the same
property with different ownership, transferability allowances, the transfer process, the number
of transfers since July 2020, other cities that allow transfers, and STL permit status.
In response to Council Member Brenner's question, Management Assistant Alannouf discussed
the transfer of ownership process into LLCs and indicated that, when the City reviews a
transfer, the title owner is matched and verified. In response to questions by Community
Development Director Jurjis, Management Assistant Alannouf confirmed that copies of the title
transfer, which list the title holder, are required. Community Development Director Jurjis
confirmed that the City can identify property ownership. Council Member Brenner expressed
concern for the number of sale transfers and that this could create a separate asset class.
Community Development Director Jurjis indicated that the City Council could change the
transferability provisions to exclude sales. Council Member Brenner requested that the Council
discuss and evaluate the process for fairness.
In response to Council Member Dixon's questions, Community Development Director Jurjis
confirmed that the City has no evaluations on housing market price, STL permits are allowed
by the City Council and not a property right, and moorings are the only salable permit. Council
Member Dixon indicated that as STLs increase, housing stock and population counts decrease
as per California Coastal Commission (CCC) comments, expressed concerns relative to the
consequences and impact to the City on the affordability, sale, value, and market price of homes,
Council discretion to allow STLs, concerns for equitable permit distributions and a waiting list,
and a desire to uncover the ramifications of permitting.
In response to Council Member Avery's inquiry, Management Assistant Alannouf confirmed the
$165 transfer fee and explained the application process. Council Member Avery noted that the
mooring transfer fee is much higher.
Randy Beck suggested a STL grandfather clause.
Jim Mosher expressed concern that this creates an unfair private market and a special asset
class, and proposed an annual lottery for STL permits.
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An unidentified speaker discussed the vacation rental business model and offered to share a
business model with the Council to use during considerations.
Council Member Brenner suggested further study and expressed concerns relative to holding an
annual lottery system.
Council Member Dixon expressed concern for the impact to the housing stock and cost of housing
in the City, noted her interest in understanding why other cities do not allow permit transfers,
as well as the impacts to housing and affordable housing, and expressed support for continued
monitoring of this issue.
Mayor Muldoon agreed that monitoring is informative.
In response to Council Member Brenner's question, Community Development Director Jurjis
relayed that staff will return at the September City Council meeting with information regarding
fractional ownership and agreed to include STL scenarios.
In response to Council Member Duffield's question, Management Assistant Alannouf indicated
that STL permits are required for rentals less than 30 days and Council Member Duffield
reminded the public that house rentals for more than 30 days are allowed without an STL
permit.
Council Member Avery noted a market analogous to mooring permits, suggested conferring with
real estate agents, related business professionals, and involved parties to identify a solution to
reduce impacts, reiterated that STL permits are not a property right, and suggested conducting
a forum to effect gradual rules.
Mayor Muldoon clarified Council's wish to monitor the situation.
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Nancy Scarbrough discussed Closed Session Item IV.C, the timing of the topic, the monthly rental rate
at 62 Beacon Bay, and questioned why it is a Closed Session item.
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 IV.D due to potential future
business with the law firm.
IV. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human
Resources Director, and Charles Sakai, Esq., Negotiators.
Employee Organizations: Newport Beach Police Management Association (NBPMA) and
Association of Newport Beach Ocean Lifeguards (ANBOL).
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 1201 Dove Street, Newport Beach, California 92660 (APN 427-221-06).
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City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding
Whitlinger, Real Property Administrator.
Negotiating Parties: Parke Miller.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: All properties in Beacon Bay that have a lease with a City of Newport Beach, as set forth
in Attachment A.
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding
Whitlinger, Real Property Administrator.
Negotiating Parties: All lessees of properties in Beacon Bay, as set forth in Attachment A.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
D. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54956.9(d)(1)): 1 matter
City of Newport Beach us. William O'Connor, Cooley, LLP
Orange County Bar Association Case No. NV-021-6750.
V. RECESSED - 5:09 p.m.
VI. RECONVENED AT 6:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Kevin Muldoon, Council Member Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill
Absent: Mayor Pro Tem Noah Blom (excused)
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION - Monsignor Douglas Cook, Our Lady of Mt. Carmel Catholic Church
X. PLEDGE OF ALLEGIANCE - Mayor Muldoon
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Dixon:
• Utilized a slide to announce the Balboa Peninsula Trolley operating season and the "Make a Splash,
Pick Up Trash" anti -litter campaign (www.newportbeachca.gov/clean)
• Attended the Orange County Council of Governments (OCCOG) monthly meeting and several yacht
club opening days
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Council Member Brenner:
• Utilized a slide to announce the OASIS Senior Center Health and Wellness Resource Fair on
May 14, 2022, the Corona del Mar Residents Association (CdMRA), Corona del Mar (CdM)
Historical Society, and Sherman Library outreach for old CdM photos and documents to preserve
the history and legacy (ronyeoarchitect@gmail.com to volunteer), and the CdM Chamber of
Commerce Meeting "Good Morning CdM" on May 12, 2022, to discuss Ballot Measure B
Mayor Muldoon:
• Utilized a slide to display a photo with Harbormaster Paul Blank from the 100-year opening day at
Balboa Yacht Club
• Attended the American Legion opening day with Council Members Brenner and Dixon
• Utilized a slide to announce the Harbor Department abandoned vessel auction on May 20, 2022,
and the Touch -a -Truck event on May 14, 2022, in celebration of National Public Works Week
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher pointed out that approval of all the agenda items will require only a single vote, noted
Council had no questions relative to the Consent Calendar, and questioned the noticing provided to the
public regarding Item 6 (Overnight Parking Prohibition on Old Newport Boulevard).
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 26, 2022 City Council Meeting [100-20221
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. 2022-9: Amending the Newport Beach Municipal Code Pertaining to
Live-Aboards, On -Shore Moorings, and Other Miscellaneous Provisions [100-2022]
a) Find this project statutorily 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. 2022-9, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Sections 1.12.020, 17.10.060, 17.25.010,
17.25.020, 17.40.030, 17.45.020, 17.60.040, 17.65.010 and 17.70.050 of the Newport Beach
Municipal Code Pertaining to Live-Aboards, On -Shore Moorings, and Miscellaneous Provisions.
Council Member Duffield recused himself on Item 3 due to business interest conflicts.
4. Ordinance No. 2022-11: LCP Amendment Related to Setback Map Corrections (PA2020-
006)[100-20221
a) Find this amendment exempt pursuant to California Environmental Quality Act (CEQA)
Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has no potential to have a
significant effect on the environment and local governments are exempt from the requirements
of CEQA in connection with the adoption of a Local Coastal Program; and
b) Conduct second reading and adopt Ordinance No. 2022-11, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code and Adopting Local Coastal
Program Amendment No. LC2020-001 Correcting Setback Map Errors (PA2020-006).
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5. Ordinance No. 2022-12: LCP Amendment Related to Tattoo Establishments (PA2020-030)
[100-20221
a) Find this amendment exempt pursuant to California Environmental Quality Act ("CEQA")
Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has no potential to have a
significant effect on the environment and local governments are exempt from the requirements
of CEQA in connection with the adoption of a Local Coastal Program; and
b) Conduct second reading and adopt Ordinance No. 2022-12, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code and Adopting Local Coastal
Program Amendment No. LC2020-002 Related to Tattoo Establishment Development Standards
(PA2020- 030).
RESOLUTIONS FOR ADOPTION
6. Resolution No. 2022-27: Overnight Parking Prohibition on Old Newport Boulevard [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. 2022-27, A Resolution of the City Council of the City of Newport Beach,
California, Prohibiting Overnight Parking on Old Newport Boulevard between 15th Street and
Hospital Road.
7. Resolution No. 2022-28: Adopting a Memorandum of Understanding with the Newport
Beach Lifeguard Management Association (NBLMA) (C-2058(B)) and Associated Salary
Schedule [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;
b) Adopt Resolution No. 2022-28, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Memorandum of Understanding between the City of Newport Beach and
the Newport Beach Lifeguard Management Association and Amending the Salary Schedule; and
c) Approve Budget Amendment No. 22-054 appropriating $46,435.65 in increased expenditures in
various City division salary and benefit accounts from unappropriated General Fund balances.
8. Resolution No. 2022-29: Initiation of Zoning Code and Local Coastal Program
Amendments Related to Nonconforming Residential Uses and Setback Clarification
(PA2022-076) [100-20221
a) Determine this action is exempt from environmental review under the California Environmental
Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3; and
b) Adopt Resolution No. 2022-29, 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
Nonconforming Residential Uses and Setback Clarifications in the R-1-6,000 Zoning and Coastal
Zoning Districts (PA2022-076).
9. Resolution Nos. 2022-30 to 2022-32: Calling the November 8, 2022 General Municipal
Election [391100-20221
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;
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b) Adopt Resolution No. 2022-30, A Resolution of the City Council of the City of Newport Beach,
California, Calling for the Holding of a General Municipal Election to be Held on Tuesday,
November 8, 2022, for the Election of Members of the City Council as Required by the Provisions
of the City Charter;
c) Adopt Resolution No. 2022-31, A Resolution of the City Council of the City of Newport Beach,
California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General
Municipal Election to be Held on Tuesday, November 8, 2022, with the Statewide General
Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for
the Purpose of Electing Members of the City Council; and
d) Adopt Resolution No. 2022-32, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates
Statements Submitted to the Voters at an Election to be Held on Tuesday, November 8, 2022.
CONTRACTS AND AGREEMENTS
10. 2020-2021 Playground Improvements Project — Notice of Completion for Contract
No. 7934-1 [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 Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
11. Concrete Replacement Program FY 2021-22 (Project No. 22R06) — Notice of Completion
for Contract No. 8722-1 [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.
12. Approval of On -Site Mobile Car Washing and Detail Services (C-8877-1) [381100-2022]
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) Approve a Professional Services Agreement with Bumper to Bumper, Inc. to provide on -site
mobile car wash and detail services for a three-year term at a total not -to -exceed (NTE) price of
$165,000.00, and authorize the Mayor and City Clerk to execute the agreement on a form
approved by the City Attorney.
Motion by Council Member Avery, seconded by Council Member O'Neill, to approve the Consent
Calendar; and noting the recusal by Council Member Duffield to Item 3 and the amendments to Item 1.
With Mayor Pro Tern Blom absent, the motion carried 6-0.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher expressed the opinion that the Measure B vote is not simple and the result will be a less
accountable Mayor.
Jennifer Irani expressed her reasons for opposing Measure B.
City Attorney Harp reminded speakers that campaigning at City Council meetings is not allowed.
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Jay Elbettar discussed the safety of kindergarteners at Mariners Elementary School during pick up and
drop off, and suggested implementing parking limitations for the new development on Mariners Drive.
XVII. MOTION FOR RECONSIDERATION - None
XVIII. ADJOURNMENT - 6:27 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
May 5, 2022, at 4:00 p.m.
fi4gj Af,*-,
Leilani I. Brown
City Clerk
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