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Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA DECEMBER 12, 2023 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING — 4:00 P.M. CITY COUNCIL REORGANIZATION — IMMEDIATELY FOLLOWS REGULAR MEETING NOAH BLOM, Mayor WILL O'NEILL, Mayor Pro Tern BRAD AVERY, Councilmember ROBYN GRANT, Councilmember LAUREN KLEIMAN, Councilmember JOE STAPLETON, Councilmember ERIK WEIGAND, Councilmember 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. LEVINE ACT Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract (other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than $250 made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. 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 12, 2023 REGULAR MEETING - 4:00 P.M. CITY COUNCIL REORGANIZATION - IMMEDIATELY FOLLOWS REGULAR MEETING ROLL CALL — 4:00 p.m. II. INVOCATION — Reverend Canon Cindy Evans Voorhees, St. James Episcopal Church III. PLEDGE OF ALLEGIANCE IV. NOTICE TO THE PUBLIC The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three 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. V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES VI. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) Consider forming a City Council ad hoc committee to work with staff and provide guidance regarding Citywide transit, transportation, parking and mobility enhancements to foster and improve connections and movement of residents and visitors between major activity areas, communities, and villages. Further duties would be to review, seek and identify potential funding sources to support such enhancements including public and private grants and partnerships [Blom] VII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 — 9). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Councilmember, members of the public are invited to speak on each item for up to three 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. Councilmembers 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. Vill. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 28, 2023 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. City Council Meeting December 12, 2023 Page 2 ORDINANCE FOR ADOPTION 3. Ordinance No. 2023-23: Newport Beach Municipal Code Amendments Related to Short Term Lodging (PA2023-0116) a) Find proposed amendments to the NBMC are not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines, because it would not result in a direct or reasonably foreseeable indirect physical change in the environment and is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2023-23, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Code Amendment to Chapter 5.95 (Short Term Lodging Permit) and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to Short Term Lodging (PA2023-0116). RESOLUTION FOR ADOPTION 4. Resolution No. 2023-85: Approving Revised Salary Schedules for Key and Management and Part -Time Employees 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. 2023-85, A Resolution of the City Council of the City of Newport Beach, California, Approving Revised Salary Schedules for Key and Management and Part -Time Employees. CONTRACTS AND AGREEMENTS 5. Approval of Amendment No. 1 to the Services Agreement for Public Safety Helicopter Services Between the City of Huntington Beach and the City of Newport Beach 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 Amendment No. 1 to the services agreement for public safety helicopter services between the City of Huntington Beach and the City of Newport Beach in an amount not -to -exceed $225,000, and authorize the Mayor and City Clerk to execute the Amendment. 6. Approval of Vehicle Replacement Purchase Order for One Utility Truck with Aerial Device from Terex Utilities of Watertown, SD 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 a purchase order for one utility truck with aerial device from Terex Utilities of Watertown, SD for a total amount of $205,935.65; and c) Authorize a contingency of $10,500 (approximately 5% of the total quote) to cover the cost of unforeseen changes to the current quote. 7. Purchase and Outfitting of Police Patrol Vehicles 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 purchase of five Dodge Durango police patrol vehicles from the National Auto Fleet Group of Watsonville using Sourcewell cooperative pricing, and authorize the City Manager to execute a purchase order in the amount of $281,093.56; and c) Approve Budget Amendment No. 24-038 appropriating $27,500 in increased expenditures in Account No. 75304-911024 from the Police Equipment Fund (Fund 753) balance to cover the costs of outfitting new patrol vehicles. City Council Meeting December 12, 2023 Page 3 MISCELLANEOUS 8. Planning Commission Agenda for the December 7, 2023 Meeting Receive and file. 9. 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 as the City's designated representative for purposes of labor negotiations with all unrepresented employees including, but not limited to, the Key and Management Group, the City Manager, City Attorney, and City Clerk. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED IX. ITEMS REMOVED FROM THE CONSENT CALENDAR X. CURRENT BUSINESS 10. Resolution No. 2023-86: Setting City Council Regular Meeting Dates for Calendar Year 2024 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) Determine if the second meeting in November should be held on November 19, 2024, rather than November 26, 2024; and c) Adopt Resolution No. 2023-86, 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 2024. XI. CITY COUNCIL REORGANIZATION XII. PUBLIC COMMENTS REGARDING CITY COUNCIL REORGANIZATION Public comments are invited relative to City Council Reorganization. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. XIII. CITY COUNCIL REORGANIZATION 11. Presentation of Gavel Plaque to Mayor Noah Blom and Remarks by Mayor Blom 12. 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 the Council dais. 13. 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 the Council dais. City Council Meeting December 12, 2023 Page 4 14. 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 Councilmembers having first choice of seats. The Mayor, however, shall be seated in the center of the City Council table and the Mayor Pro Tern 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 Councilmember who received the highest margin of victory percentage in the most recent election). 15. New Mayor Remarks XIV. 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 Councilmembers who voted with the prevailing side. XV. ADJOURNMENT — In memory of Tim Hicks 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