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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JANUARY 11, 2022
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 5:00 P.M.
KEVIN MULDOON, Mayor
NOAH BLOM, Mayor Pro Tem
BRAD AVERY, Council Member
JOY BRENNER, Council Member
DIANE B. DIXON, Council Member
DUFFY DUFFIELD, Council Member
WILL O'NEILL, Council Member
GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI I. BROWN, City Clerk
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT
Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk
24 hours prior to the scheduled City Council meeting.
PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted,
you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written
correspondence received by the City at or before the hearing.
NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time
given.
This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at
100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items
of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation
regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are
also available on the City's webpage at newportbeachca.gov/agendas.
The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee
or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to
accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of
your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(o-)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
JANUARY 11, 2022
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 5:00 P.M.
I. ROLL CALL — 4:00 p.m.
II. PUBLIC COMMENTS ON AGENDA / NON -AGENDA ITEMS
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are invited on items listed on the agenda and non -agenda items. Speakers must limit
comments to three (3) minutes per person to allow everyone to speak. Written comments are
encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda
or non -agenda items.
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 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)
C. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Kevin Muldoon, Mayor; and Noah Blom, Mayor Pro
Tem.
Unrepresented Employee: Grace K. Leung, City Manager.
IV. RECESS
V. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
VIII. INVOCATION
City Council Meeting
January 11, 2022
Page 2
IX. PLEDGE OF ALLEGIANCE
X. PRESENTATION
• Recognition of the Freeway Fighters
XI. PUBLIC HEARING — taken out of order at the request of the Mayor
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
a) Open the public hearing on the formation of Assessment District No. 120-2; hear public
testimony from those who desire to speak; close the public hearing; and direct the City Clerk
to tabulate the ballots and report the result; and
b) If there is greater than 50% of weighted "Yes" votes versus "No" votes submitted, a majority
protest by ballot procedure does not exist and the district may be formed. If it is desired to
form the District, take the following actions:
i) 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 Actions with
Respect to Assessment District No. 120-2; OR
c) If desired not to form the District, adopt Resolution No. 2022-6, A Resolution of the City
Council of the City of Newport Beach, California, Declaring Abandonment of Proceedings for
City of Newport Beach Assessment District No. 120-2.
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The City Council of Newport Beach welcomes and encourages community participation. Public
comments are generally limited to three (3) minutes per person to allow everyone to speak. Written
comments are encouraged as well. The City Council has the discretion to extend or shorten the time
limit on agenda or non -agenda items.
XIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 17). Public comments are also invited on Consent Calendar items. Speakers
must limit comments to three (3) minutes. Before speaking, please state your name for the record. If
any item is removed from the Consent Calendar by a Council Member, members of the public are
invited to speak on each item for up to three (3) minutes per item.
All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted
by one motion in the form listed below. Council Members have received detailed staff reports on
each of the items recommending an action. There will be no separate discussion of these items prior
to the time the City Council votes on the motion unless members of the City Council request specific
items to be discussed and/or removed from the Consent Calendar for separate action.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the December 14, 2021 City Council Meeting
Waive reading of subject minutes, approve as written, and order filed.
City Council Meeting
January 11, 2022
Page 3
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by
title only.
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3. Ordinance No. 2022-1: Amending the Newport Beach Municipal Code for Lido Isle Hedge
Heights (PA2019-132)
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 (PA2019-132), and pass to second reading
on January 25, 2022.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2022-1: Updating the List of Designated Positions for 2022 Under the City's
Conflict of Interest Code
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)
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. 2022-2, A Resolution of the City Council of the City of Newport Beach,
California, Creating the General Plan Update Steering Committee (PA2017-141).
6. Resolution No. 2022-3: Initiation of Zoning Code and LCP Amendments Related to
Residential Care Facilities (PA2021-292)
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
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
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.
City Council Meeting
January 11, 2022
Page 4
8. Water Well Rehabilitation —Tamura Shallow Well (Project No. 22W05) —Award of Contract
No. 8727-2
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.
9. Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (Project
No. 21 R15) —Award of Contract No. 7885-2
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 13501-980000-21 R15.
10. Via Lido Soud & Nord Pavement Rehabilitation —Award of Contract No. 7992-1 (21 R11)
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 s0ignificant 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.
11. Approval of Professional Services Agreement with Moffatt & Nichol for Harbor Piers
Rehabilitation Project (19H02)
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.
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)
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;
City Council Meeting
January 11, 2022
Page 5
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)
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) and Newport Beach Professional and Technical Employees
Association (ProfTech)
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)
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.
MISCELLANEOUS
16. Annual Mayor Appointments
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
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.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
January 11, 2022
Page 6
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Public comments are invited on non -agenda items generally considered to be within the subject
matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before
speaking, please state your name for the record.
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)
a) Conduct a public hearing;
b) 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;
c) 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);
d) 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
e) 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.
XIX. CURRENT BUSINE
20. Approval of Proposed Residential Solid Waste Collection & Recycling Contract with
CR&R Inc. Residential Solid Waste Collection
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.
21. Resolution No. 2022-7: Changes and Additions to Street Sweeping Days for Portions of
the Balboa Peninsula, Corona del Mar and West Newport
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. 2022-7, 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.
City Council Meeting
January 11, 2022
Page 7
XX. MOTION FOR RECONSIDERATION
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the
previous meeting may be made only by one of the Council Members who voted with the prevailing
side.
XXI. ADJOURNMENT — In memory of Carol Dru and Lila Crespin
Testimony given before the City Council is recorded.
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