City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA FEBRUARY 11, 2025 COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING - 4:00 P.M. JOE STAPLETON, Mayor LAUREN KLEIMAN, Mayor Pro Tem MICHELLE BARTO, Councilmember ROBYN GRANT, Councilmember NOAH BLOM, Councilmember SARA J. WEBER, Councilmember ERIK WEIGAND, Councilmember GRACE LEUNG, City Manager AARON C. HARP, City Attorney LEILANI 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 five hundred dollars ($500) 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 before or after the time given. This agenda was prepared by the City Clerk. Copies of the staff reports and supporting materials are on file with the City Clerk and are available for public inspection and copying at the City Clerk’s Office or online at newportbeachca.gov/agendas. For questions or to request copies of any staff reports or other documentation related to items on this agenda, please contact the City Clerk’s Office at 949-644-3005. The City of Newport Beach’s goal is to fully comply with the Americans with Disabilities Act (ADA). If you require special assistance to participate in this meeting, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk staff prior to the meeting at 949-644-3005 or cityclerk@newportbeachca.gov so that reasonable accommodations can be made.  City Council Meeting February 11, 2025 Page 2 I. ROLL CALL - 4:00 p.m. II. INVOCATION - Michael Mooslin, First Church of Christ, Scientist, Newport Beach III. PLEDGE OF ALLEGIANCE IV. PRESENTATION • History of the Red Car Trolley by Bill Lobdell V. PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS 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 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. VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES VII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON-DISCUSSION ITEM) • Consider creating an ad hoc committee to review the structure, membership, roles and responsibilities of the Aviation Committee [Blom] VIII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers 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 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.  City Council Meeting February 11, 2025 Page 3 IX. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the January 28, 2025 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. Minutes Written Comments 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. RESOLUTION FOR ADOPTION 3. Resolution No. 2025-7: Creating the Community Development Block Grant Ad Hoc Advisory Committee 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. 2025-7, A Resolution of the City Council of the City of Newport Beach, California, Creating the Community Development Block Grant Ad Hoc Advisory Committee; and c) Confirm the appointments of Mayor Pro Tem Lauren Kleiman and Councilmember Sara J. Weber to serve on the Community Development Block Grant Ad Hoc Advisory Committee. Staff Report Attachment A - Resolution No. 2025-7 CONTRACTS AND AGREEMENTS 4. East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Improvements - Notice of Completion for Contract No. 8925-2 (23R11) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. Staff Report Attachment A - East Coast Hwy and San Miguel Drive Location Map Attachment B - Evening Canyon Road Location Map Written Comments  City Council Meeting February 11, 2025 Page 4 5. Slurry Seal Program (Fiscal Year 2022-23 and Fiscal Year 2023-24) - Notice of Completion for Contract No. 9380-1 (24R04) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. Staff Report Attachment A - Location Map 6. Approval of On-Call Maintenance and Repair Services Agreement for Portable Toilet Services with United Site Services of California, Inc. 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 Maintenance and Repair Services Agreement with United Site Services of California, Inc. for on-call portable toilet services for a five-year term and total not-to-exceed amount of $200,000; and c) Authorize the Mayor and City Clerk to execute the agreement. Staff Report Attachment A - Agreement 7. Amendment to Professional Services Agreement with Arts Orange County for Sculpture Exhibition Project Management Extension 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 Amendment No. Two to the Professional Services Agreement with Arts Orange County for Sculpture Exhibition - Phase VIII, which extends the term of the agreement to September 1, 2026, and increases the contract amount by $7,500, and authorize the Mayor and City Clerk to execute the agreement; and c) Approve Amendment No. One to the Professional Services Agreement with Arts Orange County for Sculpture Exhibition - Phase IX, which extends the term of the agreement to October 1, 2027, and increases the contract amount by $7,500, and authorize the Mayor and City Clerk to execute the agreement. Staff Report Attachment A - Amendment No. Two to PSA Attachment B - Amendment No. One to PSA  City Council Meeting February 11, 2025 Page 5 8. Proposal to Reduce Flashy Fuels and Restore Habitat in Buck Gully Reserve a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15304 (Class 4 - Minor Alterations to Land) and 15308 (Class 8 - Actions Taken by Regulatory Agencies for Protection of the Environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve Budget Amendment No. 25-053 transferring $425,055 from the unappropriated General Fund balance to the General Fund CIP and appropriating it into Account No. 01201928-911047-BGFRR; and c) Authorize the City Manager to execute a contract that is acceptable to the City Attorney with Irvine Ranch Conservancy in the amount of $425,055 to reduce flashy fuels and restore habitat in Buck Gully. Staff Report Attachment A - Proposal Attachment B - Budget Amendment On the Agenda MISCELLANEOUS 9. Confirmation of Nominations to Fill the Vacancy on the Planning Commission 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; and b) Confirm the nominations of Greg Reed, Loren Smith, and Drew Teicheira to fill the vacancy on the Planning Commission. Staff Report Attachmet A - Applications 10. Confirmation of Councilmember Michelle Barto’s and Councilmember Noah Blom’s Citizen Appointments to the Finance Committee 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; and b) Confirm Councilmember Michelle Barto’s appointment of William Kenney, Jr. and Councilmember Noah Blom’s appointment of Kory Kramer to serve on the Finance Committee until June 30, 2025. Staff Report Attachment A - Applications  City Council Meeting February 11, 2025 Page 6 11. Financial Statement Audit Results and Related Communication for the Fiscal Year Ended June 30, 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; and b) Receive and file. Staff Report Attachment A - Financial Report Attachment B - Auditor's Communications Attachment C - Auditor’s Report Written Comments 12. Acceptance of the National Highway Traffic Safety Administration (NHTSA) Illegal Passing of Stopped School Buses-High Visibility Enforcement Pilot Project 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) Accept a $57,800 NHTSA Illegal Passing of School Buses-High Visibility Enforcement Pilot Project award granted to the Newport Beach Police Department by Toxcell LLC; and c) Approve Budget Amendment No. 25-052 increasing NBPD revenue estimates and expenditure appropriations by $57,800. Staff Report Attachment A - Budget Amendment Attachment B - NHTSA Grant Agreement Written Comments ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED X. ITEMS REMOVED FROM THE CONSENT CALENDAR  City Council Meeting February 11, 2025 Page 7 XI. PUBLIC HEARINGS 13. Ordinance No. 2025-1: Granting Non-Exclusive Commercial Solid Waste Franchise Agreements a) Conduct a public hearing to consider the award of Non-Exclusive Commercial Solid Waste Franchises pursuant to Resolution No. 2025-6; b) 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 c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2025-1, An Ordinance of the City Council of the City of Newport Beach, California, Granting Non-Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services Within the City of Newport Beach, and pass to second reading on February 25, 2025. Staff Report Attachment A - Resolution No. 2025-6 Attachment B - Ordinance No. 2025-1 On the Agenda Written Comments 14. Resolution No. 2025-8: Amending the Schedule of Rents, Fines and Fees to Provide a Pass-through of Credit Card Transaction Fee Charged by Third Parties Directly to the Consumer a) Conduct a public hearing; b) 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 c) Adopt Resolution No. 2025-8, A Resolution of the City Council of the City of Newport Beach, California, Amending the Schedule of Rents, Fines and Fees to Provide a Pass-Through of Credit Card Transaction Fee Charged by Third Parties Directly to the Consumer. Staff Report Attachment A - Resolution No. 2025-8 Attachment B - Exhibit 1 to Resolution On the Agenda Written Comments  City Council Meeting February 11, 2025 Page 8 15. Resolution No. 2025-9: Approving a Request to Waive City Council Policy L-2, Driveway Approaches, and a Coastal Development Permit for a Duplex at 3601 Lake Avenue a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2025-9, A Resolution of the City Council of the City of Newport Beach, California, Waiving City Council Policy L-2 (Driveway Approaches) and Approving a Coastal Development Permit to Demolish an Existing Single-Unit Dwelling and Construct a New Duplex Located at 3601 Lake Avenue (PA2024-0105). Staff Report Attachment A - Resolution No. 2025-9 and Findings Attachment B - City Council Policy L-2 Attachment C - Applicant Request Attachment D - Project Plans On the Agenda Written Comments Amended Resolution No. 2025-9 XII. CURRENT BUSINESS 16. Employment Agreement City of Newport Beach Police Chief 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; and b) Authorize the City Manager to Execute an Employment Agreement Between the City of Newport Beach and David Miner for Police Chief Services. Staff Report Attachment A - Employment Agreement Written Comments  City Council Meeting February 11, 2025 Page 9 XIII. 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. XIV. 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.