City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA FEBRUARY 25, 2025 COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING - 4:00 P.M. CLOSED SESSION - FOLLOWS MOTION FOR RECONSIDERATION 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 25, 2025 Page 2 I. ROLL CALL - 4:00 p.m. II. INVOCATION - Harbormaster Paul Blank III. PLEDGE OF ALLEGIANCE IV. PRESENTATION • History of the Balboa Village and Balboa Pavilion by the Newport Beach Historical Society 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. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers 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 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 25, 2025 Page 3 VIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the February 1, 2025 Planning Session and February 11, 2025 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. February 1, 2025 Planning Session Minutes February 11, 2025 City Council 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. ORDINANCE FOR ADOPTION 3. Ordinance No. 2025-1: Granting Non-Exclusive Commercial Solid Waste Franchise Agreements 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) Conduct second reading and adopt 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 to BC Hauling and Demolition, California Waste Services LLC and Tim Greenleaf Engineering. Staff Report Attachment A - Resolution No. 2025-6 Attachment B - Ordinance No. 2025-1  City Council Meeting February 25, 2025 Page 4 ORDINANCE FOR INTRODUCTION 4. Ordinance No. 2025-2: Updating the Military Equipment Use Policy for the Newport Beach Police Department 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) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2025-2, An Ordinance of the City Council of the City of Newport Beach, California, Updating the Military Equipment Use Policy for the Newport Beach Police Department, and pass to second reading on March 11, 2025. Staff Report Attachment A - Ordinance No. 2025-2 Attachment B - Military Equipment Use Policy (redline) RESOLUTION FOR ADOPTION 5. Resolution No. 2025-10: Creating the Aviation Ad Hoc Committee to Review the Structure, Membership, Roles and Responsibilities of the Aviation 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; and b) Adopt Resolution No. 2025-10, A Resolution of the City Council of the City of Newport Beach, California, Creating the Aviation Ad Hoc Committee to Review the Structure, Membership, Roles and Responsibilities of the Aviation Committee; and c) Appoint Mayor Pro Tem Lauren Kleiman, Councilmember Michelle Barto and Councilmember Noah Blom to serve on the Aviation Ad Hoc Committee. Staff Report Attachment A - Resolution No. 2025-10  City Council Meeting February 25, 2025 Page 5 CONTRACTS AND AGREEMENTS 6. Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot (Project No. 15T09) - Notice of Completion for Contract No. 8020-6 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 7. OASIS Senior Center Site Lighting Project - Notice of Completion for Contract No. 9009-2 (23F02) 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 8. Street Pavement Repair Program Fiscal Year 2024-25 - Award of Contract No. 9716-1 (25R03) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 9716-1 to Hardy & Harper, Inc. for the total bid price of $1,425,000 for the Street Pavement Repair Program FY 2024-25 project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $143,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract. Staff Report Attachment A - Location Map  City Council Meeting February 25, 2025 Page 6 9. First Amended and Restated Employment Agreement with the 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 a First Amended and Restated Employment Agreement between the City of Newport Beach and David Miner for Police Chief Services. Staff Report Attachment A - First Amended and Restated Employment Agreement Written Comments 10. Services and Purchase Agreement with BRINC Drones, Inc. for the Police Department Drone Program 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 five-year Services and Purchase Agreement with BRINC Drones, Inc. of Seattle, Washington, using the competitive selection process conducted for NPPGov Cooperative Purchasing Agreement No. PS24040 in an amount not-to-exceed $2,176,037.60, and authorize the Mayor and City Clerk to execute the Agreement; and c) Approve Budget Amendment No. 25-055 to increase expenditure appropriations by $497,516 in the Detective Division Drone Program accounts, 01035355-811065, 01035355-911017 and 01035355-831001. Staff Report Attachment A - Agreement Attachment B - Budget Amendment On the Agenda Written Comments  City Council Meeting February 25, 2025 Page 7 MISCELLANEOUS 11. Confirmation of Appointments to the General Plan Update Steering Committee and the General Plan 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; and b) Confirm the Mayor’s appointments to fill scheduled vacancies on the General Plan Update Steering Committee and the General Plan Advisory Committee. Staff Report Attachment A - GPUSC and GPAC Roster Attachment B - Applications On the Agenda Written Comments ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED IX. ITEMS REMOVED FROM THE CONSENT CALENDAR X. CURRENT BUSINESS  City Council Meeting February 25, 2025 Page 8 12. Ordinance No. 2025-3: Designating a Portion of Corona del Mar as a Safety Enhancement Zone and Expanding West Newport Safety Enhancement Zone to Include Memorial Day, Fourth of July, and Labor Day Holidays 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) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2025-3, An Ordinance of the City Council of the City of Newport Beach, California, Designating a Portion of Corona del Mar as a Safety Enhancement Zone During the Memorial Day, Fourth of July Independence Day, and Labor Day Holidays and Expanding the West Newport Safety Enhancement Zone to Include Memorial Day and Labor Day Holidays by Amending Section 1.04.060 (Safety Enhancement Zone), Chapter 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property), and Section 10.66.060 (Violation-Penalty-Civil Fine) of the Newport Beach Municipal Code, and pass to second reading on March 11, 2025. Staff Memo and Amended Ordinance Staff Report Attachment A - Ordinance No. 2025-3 Attachment B - NBMC Chapter 1.04.060 (redline) On the Agenda Correspondence Written Comments  City Council Meeting February 25, 2025 Page 9 13. Witte Lecture Hall - Increase LED Screen Wall Size a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1 - Existing Facilities) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 and CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) Consider the Newport Beach Public Library Foundation’s request to increase the Witte Hall LED screen wall size and approve one of the following options: · Option 1 - Deny participating in the cost and continue with the installation of the 9-foot by 16-foot (144 square feet (SF)) LED screen wall per the approved contact documents with no additional cost; or · Option 2 - Approve the Newport Beach Library Foundation’s request to increase the screen wall size and install an 11-foot by 19-foot (209 SF) LED screen wall with an all-in estimated change order cost of approximately $130,000, with the total increased cost split evenly between the Newport Beach Public Library Foundation and the City; or · Option 3 - Provide other direction with regard to the Newport Beach Public Library Foundation’s request to increase size of the Lecture Hall LED screen wall size. Staff Report Attachment A - Letter On the Agenda 14. Appointment of a Planning Commissioner to Fill an Unscheduled Vacancy 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) Appoint Greg Reed, Loren Smith or Drew Teicheira to fill the vacancy on the Planning Commission. Staff Report Attachment A - Applications On the Agenda  City Council Meeting February 25, 2025 Page 10 XI. 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. XII. 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, Barbara Salvini, Human Resources Director, and Jonathan Holtzman, Esq., Negotiators. Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport Beach (PTEANB). B. PUBLIC EMPLOYMENT - PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 3 matters Titles: Grace Leung, City Manager, Aaron Harp, City Attorney, and Leilani Brown, City Clerk. C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 3 matters Agency Designated Representatives: Joe Stapleton, Mayor, and Lauren Kleiman, Mayor Pro Tem. Unrepresented Employees: Grace Leung, City Manager, Aaron Harp, City Attorney, and Leilani Brown, City Clerk. D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Barbara Salvini v. City of Newport Beach Orange County Superior Court Case No. 30-2024-01442980-CU-OE-CJC XIII. CLOSED SESSION REPORT 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.