The URL can be used to link to this page

Home My WebLink About0 - Agenda/c' CITY OF NEWPORT BEACH CITY COUNCIL AGENDA DECEMBER 14, 2021 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING/CLOSED SESSION — 4:00 P.M. REORGANIZATION — SPECIAL ORDER OF BUSINESS AT 4:30 P.M. BRAD AVERY, Mayor KEVIN MULDOON, Mayor Pro Tem NOAH BLOM, 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 DECEMBER 14, 2021 REGULAR MEETING/CLOSED SESSION - 4:00 P.M. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 4:30 P.M. ROLL CALL — 4:00 p.m. INVOCATION — Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal Church III. PLEDGE OF ALLEGIANCE IV. PRESENTATION • Certificates of Recognition for life saving measures administered by Senior Recreation Leader Barbara Valladolid, Martial Arts Instructor Rick Bradley, Soul Center OC Community Member Brian Sherick, Fire Captain Adam Novak, Fire Engineer Keith Hedenberg, and Paramedics Jeramiah Martin, Drew Kaford, and Mike Zaccaro V. CLOSED SESSION — Council Chambers Conference Room 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). VI. RECESS VII. RECONVENE AT 4:15 P.M. FOR REGULAR MEETING VIII. ROLL CALL IX. CLOSED SESSION REPORT X. 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. XI. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS Public comments are invited on agenda and 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. XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA Consideration of a resolution amending City Council Policy A -l's Rules of Decorum related to the consumption of alcohol at public meetings and an ordinance modifying Newport Beach Municipal Code, Title 10, Chapter 10.04, Section 10.04.010, to prohibit drinking in public buildings [Dixon] City Council Meeting December 14, 2021 Page 2 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— 11). 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 November 30, 2021 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. 2021-26: Amending the Local Coastal Program Implementation Plan Related to Corrections, Clarifications, and Inconsistencies (PA2019-055) a) Find this project statutorily 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 a have a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2021-26, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. 2019-001 Amending Title 21 (Local Coastal Program Implementation Plan) to Correct and Clarify Provisions Related to Minimum Lot Size and Dimensions, Overlays and Public Hearing Notice Requirements (PA2019-055). 4. Ordinance No. 2021-27: A Code Amendment Related to Tattoo Establishment Development Standards (PA2020-030) a) Find this project categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment and pursuant to Section 15265(a)(1), which exempts local governments from the requirements of CEQA in connection with the adoption of a Local Coastal Program; and b) Conduct second reading and adopt Ordinance No. 2021-27, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2020- 002 to Amend Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to Tattoo Establishment Development Standards (PA2020-030). City Council Meeting December 14, 2021 Page 3 5. Ordinance No. 2021-28: A Code Amendment Related to Short -Term Lodging Citywide and on Newport Island (PA2020-048 and PA2020-326) a) Find the action statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of LCP Amendments; and b) Conduct second reading and adopt Ordinance No. 2021-28, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 5.95 (Short Term Lodging Permit) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Relating to Short Term Lodging, and Adopting Local Coastal Program Amendment No. LC2020-007 Related to Short Term Lodging and Local Coastal Program Amendment No. LC2020-008 Related to Short Term Lodging on Newport Island (PA2020- 048 and PA2020-326). RESOLUTIONS FOR ADOPTION 6. Resolution No. 2021-128: Setting City Council Regular Meeting Dates for Calendar Year 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) Adopt Resolution No. 2021-128, A Resolution of the City Council of the City of Newport Beach, California, Setting the Time and Dates of City Council Regular Meetings for Calendar Year 2022. 7. Resolution No. 2021-129: Adopting a Memorandum of Understanding with the Newport Beach Police Association (NBPA) and Associated Salary Schedule a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to §§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 2021-129, 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 Police Association and Associated Salary Schedule; and c) Approve Budget Amendment No. 22-031 appropriating $891,724 in increased expenditures in various City division salary and benefit accounts from unappropriated General Fund balances. 8. Resolution No. 2021-130: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association (NBFA) and Associated Salary Schedule a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to §§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 2021-130, 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 Firefighters Association and Associated Salary Schedule; and c) Approve Budget Amendment No. 22-030 appropriating $469,638 in increased expenditures in various City division salary and benefit accounts from unappropriated General Fund balances. MISCELLANEOUS 9. Planning Commission Agenda for the December 9, 2021 Meeting Receive and file. City Council Meeting December 14, 2021 Page 4 10. Budget Amendment to Accept a Check from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's FY 2021-22 Budget 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) Accept a check in the amount of $40,292 from the California State Library for Literacy Services (CLLS) and approve Budget Amendment No. 22-026 to increase expenditures by the same amount in the Literacy accounts. 11. Designation of City's Representatives Under California Government Code Section 54957.6(A): Pursuant to California Government Code Section 54957.6(a), designate the Mayor and Mayor Pro Tem elected under Agenda Item No. XIV as the City's designated representative for purposes of labor negotiations with all unrepresented employees within the Key and Management Group including, but not limited to, the City Manager, City Attorney and City Clerk. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. REORGANIZATION — SPECIAL ORDER OF BUSINESS AT 4:30 P.M. XVIII. PUBLIC COMMENTS REGARDING REORGANIZATION Public comments are invited on Agenda Item No. XIX. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XIX. REORGANIZATION 12. Presentation of Gavel Plaque to Mayor Brad Avery and Remarks by Mayor Avery 13. Election of Mayor The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor and conduct election by roll call vote; b) The new Mayor is announced by the City Clerk; and c) The Mayor takes his/her proper place at Council dais. 14. Election of Mayor Pro Tem The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor Pro Tem and conduct election by roll call vote; b) The new Mayor Pro Tem is announced by the City Clerk; and c) The Mayor Pro Tem takes his/her proper place at Council dais. 15. Seating Arrangements for City Council Council decides on seating arrangement of Council dais (per City Council Policy A-1, members of the City Council shall be seated at the City Council table with senior Council Members having first choice of seats. The Mayor, however, shall be seated in the center of the City Council table and the Mayor Pro Tem shall be seated to the right of the Mayor. In the event of equal seniority among members of the City Council, selection of City Council seats shall be made by the Council Member who received the highest margin of victory percentage in the most recent election). 16. New Mayor Remarks City Council Meeting December 14, 2021 Page 5 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 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. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE