HomeMy WebLinkAbout12/14/2021 - Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Regular Meeting and Reorganization
December 14, 2021
I. ROLL CALL - 4:00 p.m.
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
Mayor Avery announced that the item under Matters Which Council Members Have Asked to be Placed
on a Future Agenda and Closed Session Item V.A were pulled from the agenda.
II. INVOCATION - Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal
Church
III. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Muldoon
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
Council Member Brenner provided the background of the lifesaving event that saved Patricia
Griffith three weeks ago, but who unfortunately passed over the weekend, and Mayor Avery
presented the Certificates of Recognition.
V. CLOSED SESSION - Pulled from the agenda
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. NOTICE TO THE PUBLIC
VII. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Chad Kroeger asked Council to provide an incentive for shmoles to go to Catalina Island.
JT Parr asked Council to change the name of Catalina Island to `Shmole Island' and proposed a tax
incentive for patrons. statue construction, and a bandana system for product discounts, and noted that
a photo would be forwarded to the Council.
Laura Curran invited everyone to join the Light t'p Corona del Mar event and decorating contest
sponsored by the Corona del Mar Residents Association and Council Member Jov Brenner.
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VIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Brenner:
• Attended the Corona del Mar Christmas Walk
• Utilized slides for Block the Freeway and OneTreePlanted.org
• Described the Ad Hoc Residential Care Facilities Committee's special Assembly Accountability
Project
Council Member O'Neill:
• Attended the San Joaquin Hills Transportation Corridor Authority (TCA) Board meeting and
highlighted their refinancing and bond refunding saving strategies
Council Member Dixon:
• Utilized a slide to provide an update of the Be Well Orange County Mobile Crisis Unit
• Attended the Sister City Christmas Breakfast, the Ad Hoc Residential Care Facilities Committee
meeting, and the Redistricting Ad Hoc Committee meeting
Council Member Blom:
• Attended the Corona del Mar Christmas Walk and Newport Aquatic Center Christmas Regatta in
Long Beach
• Commended the Christmas decorations throughout the City
Council Member Duffield:
• Thanked Council Members Brenner and Dixon for their assistance with the previous community
meeting regarding group homes
Mayor Pro Tem Muldoon:
• Utilized a slide to announce the Citv collection of toys. DVDs. and other items for Operation
Christmas until noon on December 22, 2021. and encouraged the community to donate
Mayor Avery:
• Utilized a slide to discuss a meeting with Lieutenant Governor of California Eleni Kounalakis to
discuss areas where State and City lands meet, and announced the Residential Recycling Program
(newportbeachca.gov/recycle)
IX. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of a resolution amending City Council Policy A -I'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] — Pulled from the agenda
X. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher indicated that the trash program has not been included on the Consent Calendar. nor has
the Council endorsed it.
XI. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 30, 2021 City Council Meeting [100-20211
Waive reading of subject minutes. approve as amended. and order filed.
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2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the Citv 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) [100-20211
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 (P42019-055).
4. Ordinance No. 2021-27: A Code Amendment Related to Tattoo Establishment
Development Standards (PA2020-030) [100-20211
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 (P.42020-030).
5. Ordinance No. 2021-28: A Code Amendment Related to Short -Term Lodging Citywide and
on Newport Island (PA2020-048 and PA2020-326) [100-20211
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 (P_42020-048 and P.42020-326).
Mayor Pro Tem Muldoon voted "no" to Item 5.
RESOLUTIONS FOR ADOPTION
6. Resolution No. 2021-128: Setting City Council Regular Meeting Dates for Calendar Year
2022 [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) Adopt Resolution No. 2021-128, A Resolution, of the City Council of the City of _Vewport Beach,
California, Setting the Time and Dates of City Couneil Regi.dar.Meetings for Calendar Year 2022.
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7. Resolution No. 2021-129: Adopting a Memorandum of Understanding with the Newport
Beach Police Association (NBPA) and Associated Salary Schedule (C-2056) [38/100-20211
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 (C-2060) [381100-
20211
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 [100-20211
Receive and file.
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 [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) 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. XIX 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.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member O'Neill, to approve the
Consent Calendar; and noting the "no" vote by Mayor Pro Tem Muldoon to Item 5 and the amendments
to Item 1.
The motion carried unanimously.
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XIII. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 4:38 P.M.
XIV. PUBLIC COMMENTS REGARDING REORGANIZATION
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Council Member Brenner asked her supporters to refrain from attacking Council Member Blom and
consider this item based on the principles of Council leadership.
Dennis Bress thanked Council for their service, recapped projects, and supported the election of Council
Member Brenner for Mayor.
Lynn Swain supported the election of Council Member Brenner for Mayor.
Jim Mosher reviewed the role of mayor and guidelines according to the City Charter, noted the lack of
continuity with the annual change, suggested no change occur at the meeting and proposed waiting
until December 2022, and supported the election of Council Member Brenner for Mayor.
Mike Lekawa extended his gratitude and compliments to the City Council, requested Council Member
Brenner be elected for Mayor Pro Tem, advocated for the current election structure. and noted diversity
and consensus brought by change.
Charles Klobe supported the election of Council Member Brenner for Mayor Pro Tem.
Jennifer Irani supported the election of Council Member Brenner for Mayor and questioned why she
has not been selected in the past.
Nancy Scarbrough supported electing Council Member Brenner for Mayor Pro Tem.
Judy Wagner supported electing Council Member Brenner for Mayor Pro Tem and shared her opinion
why she may not be elected.
Denys Oberman supported electing Council Member Brenner for Mayor Pro Tem.
Susan Skinner expressed her reasons why she opposed electing Council Member Blom as Mayor Pro
Tem.
Mayor Avery supported electing Council Member Brenner for Mayor Pro Tem and recognized the
collective and individual successes, contributions. differences, and imperfections of every Council
Member.
XV. REORGANIZATION
12. Presentation of Gavel Plaque to Mayor Brad Avery and Remarks by Mayor Avery
Mayor Pro Tem Muldoon presented Mayor Avery with a gavel plaque in recognition of his service
as Mayor during 2021.
Mayor Avery reflected on his term as Mayor. shared his gratitude for the opportunity to serve in
this capacity, and expressed his support for changes that will better the City.
13. Election of Mayor
City Clerk Brown. in presiding, placed all members of the City Council on an equal basis to nominate
and elect.
Council Member Blom nominated Council Member Muldoon for the position of Mayor.
Motion by Council Member Brenner, seconded by Council Member Dixon, to close
nominations.
The motion carried unanimously.
Council Member Muldoon was selected unanimously as the Mayor of the City of Newport Beach for
2021-2022 and took his place at the Council dais.
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14. Election of Mayor Pro Tem
Mayor Muldoon, in presiding, placed all members of the City Council on an equal basis to nominate
and elect.
Council Member Dixon nominated Council Member Brenner for the position of Mayor Pro Tem.
Council Member Dixon supported electing Council Member Brenner for her integrity and high
ethical standards, as evidenced in her many years of service. Furthermore, she advocated for
continuing the tradition of recognizing members by seniority, years of service, and contributions to
public service and noted the marginalization of Corona del Mar residents with the last district
representation in 2012.
Council Member Duffield nominated Council Member Blom for the position of Mayor Pro Tem.
Motion by Council Member O'Neill seconded by Council Member Blom, to close
nominations.
The motion carried unanimously.
There being no further discussion, City Clerk Brown announced the following votes for the Mayor
Pro Tem seat:
• Council Member Blom - Mayor Muldoon, Council Member Blom, Council Member Duffield,
Council Member O'Neill
• Council Member Brenner - Council Member Avery, Council Member Brenner, Council Member
Dixon
Council Member Blom was selected as the Mayor Pro Tem of the City of Newport Beach for 2021-
2022 and took his place at the Council dais.
15. Seating Arrangements for City Council
The following seating arrangement for the Council dais was determined by the Council Members
pursuant to City Council Policy A-1 (left to right):
Council Member Joy Brenner, Council Member Brad Avery, Mayor Pro Tem Noah Blom, Mayor
Kevin Muldoon, Council Member Diane Dixon, Council Member Duffy Duffield, and Council
Member Will O'Neill
16. New Mayor Remarks
Mayor Muldoon thanked his colleagues for their trust, acknowledged challenges that occurred in
2021, shared his intentions as Mayor, thanked his wife, Heather, and son, Cannon, and announced
there will be a new addition to his family in June 2022.
XVI. MOTION FOR RECONSIDERATION - None
XVII. ADJOURNMENT - Adjourned at 5:15 p.m. in memory of Patricia
The agenda was posted on the City's website and on the Cit ectronic bulletin and
located in the entrance of the City Council Chamb 100 Civic Cent r' a on
December 9, 2021, at 4:00 p.m.
Brown, City Clerk
Kevin Mulodon, Mayor
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