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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
MAY 10, 2022
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 6:00 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(a�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
MAY 10, 2022
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 6:00 P.M.
I. ROLL CALL — 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. National Public Works Week Proclamation
SS3. Proclamation Honoring the Corona del Mar High School Women's Water Polo
CIF Champions
SS4. Residential Refuse Program Roll -Out Update
Staff will provide an update on the new Residential Refuse Contract Modifications and
Organic Collection Program Rollout.
SS5. Short Term Lodging Transferability
City staff will present on the status of the short term lodging permit transferability provisions
in the City's municipal code, the process to transfer a permit, and the number of transfers
occurring.
III. PUBLIC COMMENTS
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.
IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room
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).
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.
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May 10, 2022
Page 2
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: All properties in Beacon Bay that have a lease with the 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 LEGAL COUNSEL
(Government Code § 54956.9(d)(1)): 1 matter
City of Newport Beach vs. William O'Connor, Cooley, LLP
Orange County Bar Association Case No. NV -021-6750.
V. RECESS
VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Monsignor Douglas Cook, Our Lady of Mt. Carmel Catholic Church
X. PLEDGE OF ALLEGIANCE
XI. NOTICE TO THE PUBLIC
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.
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 12). 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.
City Council Meeting
May 10, 2022
Page 3
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 26, 2022 City Council Meeting
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.
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
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.
4. Ordinance No. 2022-11: LCP Amendment Related to Setback Map Corrections (PA2020-
006)
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).
5. Ordinance No. 2022-12: LCP Amendment Related to Tattoo Establishments (PA2020-030)
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
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
City Council Meeting
May 10, 2022
Page 4
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 151h Street and
Hospital Road.
7. Resolution No. 2022-28: Adopting a Memorandum of Understanding with the Newport
Beach Lifeguard Management Association (NBLMA) and Associated Salary Schedule
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)
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
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) 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.
City Council Meeting
May 10, 2022
Page 5
CONTRACTS AND AGREEMENTS
10.2020-2021 Playground Improvements Project — Notice of Completion for Contract
No. 7934-1
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
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
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.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVI. 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.
XVII. 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.
XVIII. ADJOURNMENT
Testimony given before the City Council is recorded.
The timer light will turn yellow when the speaker has one minute remaining.
The timer light will turn red when the speaker has 10 seconds remaining.
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