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HomeMy WebLinkAbout01 - MinutesJanuary 25, 2022 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Meeting Minutes Regular Meeting January 11, 2022 I. 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 ry l be recusing herself on Closed Session Item III.0 due to personal financial interest confl' III. CLOSED SESSION Wu A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Gr K. Leung, City Manager, and Barbara Salvini, Human Resources Director, Negotiator Employee Organizations: Part Time Employees Association of Newport Beach (PTEANB), and Association of Newport Bead Ocean Lifeguards (ANBOL). B. CONFERENCE WITH LEVAL COUNSEL EXISTING LITIGATION I (Government Code § 54956. (d)o)): 2 matters 1. City of Newport Beach vooley, LLP., and William O'Connor Orange County Bar Ass ciation Mandatory Fee Arbitration Case No. NV -021-6750 2. Delux Public Charter, LLCD/B/A/ JSXAir 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 Volume 65 - Page 219 City of Newport Beach City Council Meeting January 11, 2022 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 VIII I� X. XI. City Attorney Harp announced that Mayor Muldoon recused himself on both Closed Session Items III.B.1 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 file 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. INVOCATION — Father Steve Sallot, Our Lady Queen of An is Church PLEDGE OF ALLEGIANCE — Council Member O'Neill PRESENTATION • Recognition of the Freeway Fighters Mayor Muldoon announced that the meeting. PUBLIC HEARINGS — taken out of o at a future City Council 19. Resolution Nos. 2022-5 and 2022-6: Voposed Assessment District No. 120-2 Public Hearing — Area Along Santa Ana Avenue, Cliff Drive, La Jolla Lane & La Jolla Drive [38/100-20211 Mayor Muldoon recused `ir kelf mootential business interest conflicts. IL k, Mayor Pro Tem,&lom annou�ed'that all ballots must be received by the City Clerk by the close of the public hearing. Mayor Pro TemB d 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 Engineers 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. With Mayor Muldoon recusing himself, the motion carried 6-0. Volume 65 - Page 220 City of Newport Beach City Council Meeting January 11, 2022 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 (SCAG) 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 .11 • 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 B ouncil M ber 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 willimail COVID te!Vs'to residents upon request XIV. PUBLIC COMMENTS ON CONS&NT CALENDAR AM Council Member O'Neill noted ehe amendments to the budget amounts in the staff report pertaining to Agenda Item 10 (Via Lido Soudr& Nord Pavement Rehabilitation — Award of Contract No. 7992-1 (21R11)). Jim Mosher requested an explana ioxarding the purpose of Consent Calendar Items 13 (Tentative Agreement with Newport Beach Employees League (League)), 14 (Approval of Side Letters of Agreement with the Neyport 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). Volume 65 - Page 221 City of Newport Beach City Council Meeting January 11, 2022 City Attorney Harp announced that Council Member Duffield recused himself due to business interest conflicts and left the room. Harbor Commissioner 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 [100-2021] Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration a 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) [100-2021] mr r 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 enviranmen jirectly 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. AM 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 [100-2021] a) Determine this allon 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) [100-2021] 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) [100-2021] 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 Volume 65 - Page 222 City of Newport Beach City Council Meeting January 11, 2022 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. 211107) — Notice of Completion for Contract No. 7753-2 [38/100-2021] 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 (P')oject No. 22W05) —Award of Contract No. 8727-2 [38/100-2021] a) Find this project exempt from the California EnvironmenJQuality 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 his proje 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 Com Inc. for the total bid price of $331,678, and authorize the Mayor and City Clerk to execute t ntract; and d) Establish a contingency of $33,000 (approximately 1 ercent 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. 21R15) — Award of Contract No. 7885-2 [38/100-20211 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(!} , Class 1 (maintenance of existing public facilities involving negligible or no expansion of,Ae), of the CEQA Guidelines, because this project has no potential to have a significant o0fect 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 13501-980000-211115. 10. Via Lido Soud & Nord Pavement Rehabilitation — Award of Contract No. 7992-1 (211111) [38/100-20211 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. Volume 65 - Page 223 City of Newport Beach City Council Meeting January 11, 2022 11. Approval of Professional Services Agreement with Moffatt & Nichol for Harbor Piers Rehabilitation Project (191102) (C-8821-1) [38/100-20211 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a 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) [38/100-20211 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, dir ctly or indirectly; and b) Approve Amendment No. One to the Professional Servi7s Atreement 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 appro ing $kp,765 in increased expenditures in Account No. 10001-980000-17X12 (Newpor Water Wheel) from the unappropriated Tidelands Maintenance fund balance. dr 13. Tentative Agreement with Newport Beach Employees League (League) (C-2065) [38/100- 20211 a) Determine this action is exempt from the Califorro 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-Tentatike Agrewent between the City of Newport Beach and the Newport Beach Employees Leagu 14. Approval of Side Letters of Agent with the Newport Beach City Employees Association (CEA) (C-2051) and Newport Beach Professional and Technical Employees Association (ProfTech) (C-2059) [38/100-20211 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 1506b(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) [100-2021] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and consider the revised Key and Management Compensation Plan. Volume 65 - Page 224 City of Newport Beach City Council Meeting January 11, 2022 MISCELLANEOUS 16. Annual Mayor Appointments [100-2021] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; 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 [100-2021] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) 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 huldoon 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 Item5 to e January 25, 2022 City Council meeting, and the amendment to the budget amounts in the staff t for Item The motion carried unanimously. i XVI. ITEMS REMOVED FROM THE CONSENT-MALENDA�one XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS OW In response to Christopher Sims discussion of speed and noise disruptions on Superior Avenue and Pacific Coast Highway near NA port Shores, Mor Muldoon directed Mr. Sims to City staff for assistance. Council Member Brenner suggeste urom Police Chief Lewis on speed enforcement efforts. Laura Curran enceAraged Mr. Sims 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 alsummary 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) [100-2021] 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 structural approval with modifications from November 19, 2021. Volume 65 - Page 225 City of Newport Beach City Council Meeting January 11, 2022 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-�ublic 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 15068 (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 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 Coresistenc, with !hk California Coastal Commission's Modifications (PA2019-181), and pass to second reading ondajluary 25, 2022; and d) waive full reading, direct the City Clerk to read by title only, introduce Onance No. 2022-3, An Ordinance of the City Council of the City of Newport Beach, CaliforAccepting California Coastal Commission's Suggested Modifications and -Adopting Local Coastal Program Amendment No. LC2019-004 to Amend Title 21 (Local Coastal grogram Imple eAtation Plan) of the City of Newport Beach Municipal Code Related to Cottage Preservation (PA2049-1870, and pass to second reading on January 25, 2022. With Council Meaner 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) [38/100-2021] 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. Volume 65 - Page 226 City of Newport Beach City Council Meeting January 11, 2022 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 pick up 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 Pu is Works Director Martin indicated that larger carts are intended for STLs, homebased busines nd live-in facilities. Deputy Public Works Director Martin continued with the presentation to discuss additional collection and processing modifications, some re2idential 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. 4w i 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 qurwith y Public Works Director Martin confirmed the residential monthly recycling fee. Deputy Public Works Director Martin contipresentation to discuss the comparison of recently bid and negotiated resi ntialrystdmer rates that include Senate Bill (SB) 1383 programs. 1k 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, perf4)rm nce standards and liquidated damages, and a collision avoidance system and reporting. Deputy Public Works rector 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. Volume 65 - Page 227 City of Newport Beach City Council Meeting January 11, 2022 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 ei%sting 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 [100-20211 i 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 1Wctor Vukojevic reviewed the new schedule start date, but noted there will be an enforcement grace period and process. I 1 Motion by Mayor Pro Tem Blom seconded by Council Member Brenner, to a) determine this action is exempt from t16 California Elvi-ronmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 150JO c7) of the CEQA-6 ldelines because this action will not result in a physical change to the envli onment, directly or indirectly; and b) adopt amended Resolution No. 2022-7, A Resolution of thO 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 Rescinoing Resolution No. 2020-87. The motion carried unnimously. XX. MOTION FOR RECONSIDERATION - None XXI. 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 Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on January 6, 2022, at 4:00 p.m. Leilani I. Brown, City Clerk Kevin Muldoon, Mayor Volume 65 - Page 228