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HomeMy WebLinkAbout2021-6 - Adopting Zoning Code Amendment No. CA2020-005 to Amend Sections 20.24.020 (Industrial Zoning Land Uses and Permit Requirements), 20.40.040 (Off-Steet Parking Spaces Required), 20.48.090 (Eating and Drinking Establishments), and 20.70.020ORDINANCE NO. 2021-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT NO. CA2020-005 TO AMEND SECTIONS 20.24.020 (INDUSTRIAL ZONING LAND USES AND PERMIT REQUIREMENTS), 20.40.040 (OFF-STREET PARKING SPACES REQUIRED), 20.48.090 (EATING AND DRINKING ESTABLISHMENTS), AND 20.70.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE TO ALLOW FOR WINE TASTING ROOMS WITHIN THE INDUSTRIAL ZONING DISTRICT (IG) (PA2020-042) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, wine tasting rooms are not currently listed among the permitted and conditionally permitted uses in the Industrial Zoning District (IG) ("IG District") of the City; WHEREAS, on April 14, 2020, the City Council of the City of Newport Beach adopted Resolution No. 2020-38 initiating Zoning Code Amendment No. CA2020-005 ("Zoning Code Amendment") to amend Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC") to allow wine tasting rooms in the IG District; WHEREAS, a telephonic public hearing was held by the Planning Commission on July 23, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-029 by a majority vote (4 ayes, 2 nays) recommending the City Council approve the Zoning Code Amendment; Ordinance No. 2021-6 Page 2 of 14 WHEREAS, a telephonic public hearing was held by the City Council on August 25, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, at the hearing, the City Council referred the Zoning Code Amendment to the Planning Commission for further consideration, WHEREAS, a telephonic public hearing was held by the Planning Commission on November 19, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-041 by a majority vote (4 ayes, 3 nays) recommending the City Council approve the Zoning Code Amendment; WHEREAS, at the February 23, 2021 City Council meeting, the City Council continued the public hearing to March 9, 2021. A notice of time, place and purpose of the telephonic public hearing was given in accordance with the Ralph M. Brown Act; WHEREAS, the continued public hearing was held telephonically by the City Council on March 9, 2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, the Zoning Code Amendment is consistent with the City of Newport Beach General Plan ("General Plan"). According to the General Plan, "[t]he IG designation is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses." Existing ancillary commercial uses allowed within the IG District under the City's zoning regulations include Eating and Drinking Establishments (Take -Out Service—Limited), Health and Fitness Facilities and Retail (including Alcohol Sales). The proposed Zoning Code Amendment would establish "wine tasting rooms" as Ordinance No. 2021-6 Page 3 of 14 a defined use within the Eating and Drinking Establishment use category. Wine tasting rooms would complement and be consistent with the other limited ancillary commercial uses permitted within the IG District in that it provides additional amenities that support West Newport Mesa area residents and employees by providing a social gathering place for those who live and work in the neighborhood (General Plan Goal LU 2). Additional benefits from the proposed amendment include providing opportunities for the establishment of local businesses that generate sales tax and provide opportunities for employment which is consistent with General Plan Policy LU 2.4 (Economic Development); WHEREAS, the proposed limitations on wine tasting rooms will help ensure that potential nuisances are minimized and that the use would not operate as an eating and drinking establishment or wine bar; and WHEREAS, the Zoning Code Amendment requires the building in which a wine tasting room is located to be a minimum of 500 feet from the property line of any property that contains a preschool, elementary, middle, or high school. The purpose of this standard is to minimize the exposure of minors to an alcohol related use. An additional limitation requires wine tasting rooms to be located a minimum of 500 feet from the property line of another wine tasting room. This separation requirement is intended to prevent an overconcentration of wine tasting rooms within the IG District and ensure wine tasting rooms remain an accessory commercial use to the industrial uses within the zone. The imposition of these two separation requirements restricts opportunities to establish wine tasting rooms on certain properties within the IG District and is in the public's interest in that it protects the health, safety, and general welfare of the surrounding area. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Table 2-12 (Allowed Uses and Permit Requirements) of Section 20.24.020(C) (Applicable Regulations) of Chapter 20.24 (Industrial Zoning District (IG)) of the NBMC is amended in its entirety, including footnotes, to read as follows: Ordinance No. 2021-6 Page 4 of 14 Industrial Zoning District Permit Requirements Permitted by P Right Conditional Use TABLE 2-12 Permit (Section ALLOWED USES AND PERMIT CUP 20.52.020) REQUIREMENTS Minor Use Permit (Section MUP 20.52.020) Limited Term Permit (Section LTP 20.52.040) — Not allowed Land Use See Part 7 of this title for land use definitions. IG Specific Use See Chapter 20.12 for unlisted uses. Regulations Food Processing P Handicraft Industry P Industry Small -10,000 sq. ft. or less P Large—Over 10,000 sq. ft. MUP Personal Storage (Mini Storage) MUP Research and Development, General P Research and Development, Restricted MUP Warehousing Small -10,000 sq. ft. or less P Large—Over 10,000 sq. ft MUP Wholesaling P Assembly/Meeting Facilities I CUP Alcohol Sales (off -sale) MUP Section 20.48.030 Alcohol Sales (off -sale), Accessory Only P Building Materials and Services P Contractor's Storage Yards MUP Ordinance No. 2021-6 Page 5 of 14 Marine Rentals and Sales Boat Rentals and Sales MUP Marine Retail Sales p Retail Sales p ATMs Ip Offices—Business and Professional I P Ambulance Services p Animal Sales and Services Animal Boarding/Kennels MUP Section 20.48.050 Animal Grooming P Section 20.48.050 Animal Hospitals/Clinics MUP Section 20.48.050 Animal Retail Sales P Section 20.48.050 Catering Services p Eating and Drinking Establishments Take -Out Service—Limited P Section 20.48.090 Wine Tasting Room (1) CUP Section 20.48.090 Funeral Homes and Mortuaries CUP Health/Fitness Facilities Small -2,000 sq. ft. or less p Large—Over 2,000 sq. ft. MUP Laboratories p Maintenance and Repair Services P Marine Services Boat Storage MUP Boat Yards MUP Personal Services Studios p Postal Services p Printing and Duplicating Services P Recycling Facilities Collection Facility—Large CUP Section 20.48.160 Collection Facility—Small MUP Section 20.48.160 Ordinance No. 2021-6 Page 6 of 14 Communication Facilities P Heliports and Helistops (2) CUP Parking Facilities P Utilities, Minor P Utilities, Major CUP Wireless Telecommunication Facilities CUP/MUP/LTP Chapter 20.49 Veh�leTRerital, Sale, arid: Service Uses Vehicle/Equipment Rentals Office Only P Limited P Vehicles for Hire CUP Vehicle/Equipment Rentals and Sales MUP Vehicle/Equipment Repair General CUP Limited MUP Vehicle/Equipment Services Automobile Washing/Detailing MUP Service Stations CUP Section 20.48.210 Vehicle Storage MUP �7'�her,l��es Accessory Structures and Uses P Caretaker Residence P Drive -Through Facilities CUP Section 20.48.080 Outdoor Storage and Display MUP Section 20.48.140 Special Events Chapter 11.03 Temporary Uses LTP I Section 20.52.040 Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). (1) Wine Tasting Room Hours of Operation. The permitted hours of operation shall be limited to Monday through Friday from 4:00 p.m. to 11:00 p.m., and Saturday and Sunday from 12:00 p.m. to 11:00 p.m. (2) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and Ordinance No. 2021-6 Page 7 of 14 with any and all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. Section 2: Table 3-10 (Off -Street Parking Requirements) of Section 20.40.040 (Off -Street Parking Spaces Required) of Chapter 20.40 (Off -Street Parking) of the NBMC is amended in its entirety to read as follows: TABLE 3-10 OFF-STREET PARKING REQUIREMENTS Land Use IParking Spaces Required Industry, Manufacturing and Processing, Warehousing Uses Food Processing 1 per 2,000 sq. ft. Handicraft Industry 1 per 500 sq. ft. Industry Small -5,000 sq. ft. or less 1 per 500 sq. ft. Large—Over 5,000 sq. ft. 1 per 1,000 sq. ft. Industry, Marine -Related 1 per 750 sq. ft. Personal Storage (Mini Storage) 2 for resident manager, plus additional for office as required by minor use permit Research and Development 1 per 500 sq. ft. Warehousing and Storage 1 per 2,000 sq. ft., plus one per 350 sq. ft. for offices. Minimum of 10 spaces per use Wholesaling 1 per 1,000 sq. ft. Recreation, Education, and Public Assembly Uses Assembly/Meeting Facilities 1 per 3 seats or one per 35 sq. ft. used for assembly purposes Commercial Recreation and Entertainment As required by conditional use permit Cultural Institutions 1 per 300 sq. ft. Schools, Public and Private As required by conditional/minor use permit Residential Uses Accessory Dwelling Units As required per Section 20.48.200 Single -Unit Dwellings—Attached 2 per unit in a garage Single -Unit Dwellings—Detached and less than 4,000 sq. ft. of floor area 2 per unit in a garage Single -Unit Dwellings—Detached and 4,000 sq. ft. or greater of floor area 3 per unit in a garage Ordinance No. 2021-6 Page 8 of 14 Single -Unit Dwellings—Balboa Island 2 per unit in a garage Multi -Unit Dwellings -3 units 2 per unit covered, plus guest parking; 1-2 units, no guest parking required 3 units, 1 guest parking space Multi -Unit Dwellings -4 units or more 2 per unit covered, plus 0.5 space per unit for guest parking Two -Unit Dwellings 2 per unit; 1 in a garage and 1 covered or in a garage Live/Work Units 2 per unit in a garage, plus 2 for guest/customer parking Senior Housing—Market rate 1.2 per unit Senior Housing—Affordable 1 per unit Appliances, Building Materials, Home 1 st 10,000 sq. ft. -1 space per 300 sq. ft. Electronics, Furniture, Nurseries, and Similar Over 10,000 sq. ft. -1 space per 500 sq. ft. Large Warehouse -type Retail Sales and Bulk Plus 1 per 1,000 sq. ft. of outdoor Merchandise Facilities merchandise areas Food and Beverage Sales I 1 per 200 sq. ft. Marine Rentals and Sales Boat Rentals and Sales 1 per 1,000 sq. ft. of lot area, plus 1 per 350 sq. ft. of office area Marine Retail Sales 1 per 250 sq. ft. Retail Sales 1 per 250 sq. ft. Shopping Centers 1 per 200 sq. ft. See Section 20.40.050 Convalescent Facilities 1 per 3 beds or as required by conditional use permit Emergency Health Facilities 1 per 200 sq. ft. Financial Institutions and Related Services 1 per 250 sq. ft. Hospitals 1 per bed; plus 1 per resident doctor and 1 per employee. Offices*—Business, Corporate, General, Governmental First 50,000 sq. ft. Next 75,000 sq. ft. Floor area above 125,001 sq. ft. * Not more than 20% medical office uses. 1 per 250 sq. ft. net floor area 1 per 300 sq. ft. net floor area 1 per 350 sq. ft. net floor area Offices—Medical and Dental Offices 1 1 per 200 sq. ft. Ordinance No. 2021-6 Page 9 of 14 Outpatient Surgery Facility 1 per 250 sq. ft. Service Uses—General - Adult -Oriented Businesses 1 per 1.5 occupants or as required by conditional use permit Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces. Animal Sales and Services Animal Boarding/Kennels 1 per 400 sq. ft. Animal Grooming 1 per 400 sq. ft. Animal Hospitals/Clinics 1 per 400 sq. ft. Animal Retail Sales 1 per 250 sq. ft. Artists' Studios 1 per 1,000 sq. ft. Catering Services 1 per 400 sq. ft. Care Uses Adult Day Care—Small (6 or fewer) Spaces required for dwelling unit only Adult Day Care—Large (7 or more) 2 per site for drop-off and pick-up purposes (in addition to the spaces required for the dwelling unit) Child Day Care—Small (6 or fewer) Spaces required for dwelling unit only Child Day Care—Large (9 to 14) 2 per site for drop-off and pick-up purposes (in addition to the spaces required for the dwelling unit) Day Care—General 1 per 7 occupants based on maximum occupancy allowed per license Residential Care—General (7 to 14) 1 per 3 beds Eating and Drinking Establishments Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft, of net public area, whichever is greater Bars, Lounges, and Nightclubs 1 per each 4 persons based on allowed occupancy load or as required by conditional use permit Food Service with/without alcohol, with/without late hours 1 per 30-50 sq. ft. of net public area, including outdoor dining areas exceeding 25% of the interior net public area or 1,000 sq. ft., whichever is less. See Section 20.40.060 Food Service—Fast food 1 per 50 sq. ft., and 1 per 100 sq. ft. for outdoor dining areas Take -Out Service—Limited 1 per 250 sq. ft. Ordinance No. 2021-6 Page 10 of 14 Wine Tasting Room 1 per each 4 persons based on allowed occupancy load or as required by conditional use permit Emergency Shelter 1 per 4 beds plus 1 per staff; and if shelter is designed with designated family units then 0.5 parking space per bedroom designated for family units Funeral Homes and Mortuaries 1 per 35 sq. ft. of assembly area Health/Fitness Facilities Small -2,000 sq. ft. or less 1 per 250 sq. ft. Large—Over 2,000 sq. ft. 1 per 200 sq. ft. Laboratories (medical, dental, and similar) 1 per 500 sq. ft. Maintenance and Repair Services 1 per 500 sq. ft. Marine Services Boat Storage—Dry 0.33 per storage space or as required by conditional use permit Boat Yards As required by conditional use permit Dry Docks 2 per dry dock Entertainment and Excursion Services 1 per each 3 passengers and crew members Marine Service Stations As required by conditional use permit Sport Fishing Charters 1 per each 2 passengers and crew members Water Transportation Services—Office 1 per 100 sq. ft., minimum 2 spaces Personal Services Massage Establishments 1 per 200 sq. ft. or as required by conditional use permit Nail Salons 1 per 80 sq. ft. Personal Services, General 1 per 250 sq. ft. Studio (dance, music, and similar) 1 per 250 sq. ft. Postal Services 1 per 250 sq. ft. Printing and Duplicating Services 1 per 250 sq. ft. Recycling Facilities Collection Facility—Large 4 spaces minimum, but more may be required by the review authority Collection Facility—Small As required by the review authority Visitor Accommodations Bed and Breakfast Inns 1 per guest room, plus 2 spaces Hotels and accessory uses As required by conditional use permit Ordinance No. 2021-6 Page 11 of 14 Motels 1 per guest room or unit Recreational Vehicle Parks As required by conditional use permit Time Shares As required by conditional use permit Communication Facilities 1 per 500 sq. ft. Heliports and Helistops As required by conditional use permit Marinas 0.75 per slip or 0.75 per 25 feet of mooring space Vehicle/Equipment Rentals Office Only 1 per 250 sq. ft. Limited 1 per 300 sq. ft., plus 1 per rental vehicle (not including bicycles and similar vehicles) Vehicle/Equipment Rentals and Sales 1, per 1,000 sq. ft. of lot area Vehicles for Hire 1 per 300 sq. ft„ plus 1 per each vehicle associated with the use and stored on the same site Vehicle Sales, Office Only 1 per 250 sq. ft., plus 1 as required by DMV Vehicle/Equipment Repair (General and 1 per 300 sq. ft. or 5 per service bay, Limited) whichever is more Vehicle/Equipment Services Automobile Washing 1 per 200 sq. ft. of office or lounge area; plus queue for 5 cars per washing station Service Station 1 per 300 sq. ft. or 5 per service bay, whichever is more; minimum of 4 Service Station with Convenience Market 1 per 200 sq. ft., in addition to 5 per service bay Vehicle Storage 1 per 500 sq. ft. Caretaker Residence 1 per unit Special Events As required by Chapter 11.03 Temporary Uses As required by the limited term permit in compliance with Section 20.52.040 Ordinance No. 2021-6 Page 12 of 14 Section 3: Section 20.48.090 (Eating and Drinking Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of the NBMC is amended by adding a new subsection (F) (Standards–Wine Tasting Rooms) to read as follows, and by re -lettering Section 20.48.090 subsection "F. Permit Requirements." to subsection "G. Permit Requirements.": F. Standards—Wine Tasting Rooms. In addition to the standards set forth in subsections (A) through (D), wine tasting rooms shall comply with the following standards: 1. The building in which the wine tasting room is located shall be a minimum of five hundred (500) feet from the property line of any property that contains a preschool, elementary, middle, or high school. 2. The property in which the wine tasting room is located shall be a minimum of five hundred (500) feet from the property line of any property that has a wine tasting room. 3. The wine tasting room shall operate under an ABC Type 2 (Winegrower) license only. 4. The wine tasting room shall not operate as a bona fide eating establishment, but may serve incidental foods such as bread, crackers, cheeses, or nuts. Any kitchen or food preparation area provided shall have no cooking equipment that requires a mechanical ventilation system to exhaust heat, steam, or grease vapor. 5. Limited private events may occur within the wine tasting room, provided the wine tasting room remains open to the public. 6. Live entertainment is prohibited. Section 4: Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of the NBMC is amended by adding the definition of "Wine Tasting Room" to the definition of "Eating and Drinking Establishments (Land Use)", to read as follows: 10. "Wine tasting room" means an establishment that operates pursuant to an ABC Type 2 (Winegrower) license to sell wine that is produced by said establishment for on- and off-site consumption. The sale of other types of alcohol, such as beer and distilled spirits, is expressly prohibited. Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Ordinance No. 2021-6 Page 13 of 14 Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The City Council finds that Zoning Code Amendment No. CA2020- 005 is not a project subject to the California Environmental Quality Act ("CEQX) in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). Zoning Code Amendment No. CA2020-005 is also categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it has no potential to have a significant effect on the environment, as the zoning code amendment would allow a new category of use in an existing zoning district but does not authorize new development that would directly result in physical change to the environment. Section 8: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. Section 9: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. Ordinance No. 2021-6 Page 14 of 14 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of March, 2021, and adopted on the 23rd day of March, 2021, by the following vote, to -wit: AYES: Mayor Pro Tem Muldoon Council Member Blom Council Member Brenner Council Member O'Neill NAYS: Mayor Avery Council Member Dixon ABSENT: Council Member Duffield ATTEST: dh�j' LEILANI I. BROWN, dITY CLERK 154u APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE �4/P0RS 4-." c �----- AAR N C. HARP, CITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven, that the foregoing ordinance, being Ordinance No. 2021-6 was duly introduced on the 9th day of March, 2021, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 23rd day of March, 2021, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Will O'Neill NAYS: Mayor Brad Avery, Council Member Diane Dixon ABSENT: Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 2411 day of March, 2021. Leilarii I. Brown, MM(!' City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2021-6 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: March 13, 2021 Adopted Ordinance: March 27, 2021 In witness whereof, I have hereunto subscribed my name this lj-f day of April, 2021. 4441�101� Leilani I. Brown, MMC City Clerk City of Newport Beach, California