City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA MARCH 11, 2025 COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) REGULAR MEETING - 5:00 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 March 11, 2025 Page 2 I. ROLL CALL - 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Presentation to the City by the Newport Beach Sister City Association on Behalf of Mayor Yasuhiro Uchida of Okazaki, Japan SS3. Proclamation Recognizing National Nutrition Month SS4. History of Balboa Island by the Balboa Island Museum SS5. Capital Improvement Program (CIP) Early Look Staff will present the preliminary new projects and funding proposed for the FY 2025-26 Capital Improvement Program for City Council review and discussion. Presentation On the Agenda Written Comments III. PUBLIC COMMENTS 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. IV. RECESS V. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII INVOCATION - Gene Clark, Church of Jesus Christ Latter-day Saints VIII. PLEDGE OF ALLEGIANCE  City Council Meeting March 11, 2025 Page 3 IX. 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. X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XI. 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. XII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the February 25, 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.  City Council Meeting March 11, 2025 Page 4 ORDINANCES FOR ADOPTION 3. 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) Conduct second reading and adopt 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. Staff Report Attachment A - Ordinance No. 2025-2 Attachment B - Military Equipment Use Policy (redline) 4. 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) Conduct second reading and adopt 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 the 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. Staff Report Attachment A - Ordinance No. 2025-3 Correspondence Written Comments  City Council Meeting March 11, 2025 Page 5 ORDINANCE FOR INTRODUCTION 5. Ordinance No. 2025-4: Amending the Newport Beach Municipal Code to Update Administrative Procedures Related to Good Cause Determinations and the Extension of Deadlines for Short-Term Lodging Permits a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c) (3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, 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, introduce Ordinance No. 2025-4, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 1.08.120 (Definitions) of Title 1 (General Provisions), Section 5.95.042 (Maximum Number of Permits), Section 5.95.043 (Transfer of Permit), and Section 5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short-Term Lodging Permit) of Title 5 (Business Licenses and Regulations) of the Newport Beach Municipal Code to Update Administrative Procedures Related to Good Cause Determinations and the Extension of Deadlines, and pass to second reading on March 25, 2025. Staff Report Attachment A - Ordinance No. 2025-4 Attachment B - NBMC Changes (redlines) Written Comments RESOLUTION FOR ADOPTION 6. Resolution No. 2025-11: Waiving Section A.1. of City Council Policy B-13 to Allow for Alcoholic Beverages at Charity Polo Event Held at Peninsula Park, and Repeal of Resolution No. 2024-14 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor Alterations to Land) because it has no potential to have a significant effect on the environment; and b) Adopt Resolution No. 2025-11, A Resolution of the City Council of the City of Newport Beach, California, Waiving Section A.1 of City Council Policy B-13 to Allow for Alcoholic Beverages at Charity Polo Event Held at Peninsula Park, and Repeal of Resolution No. 2024-14. Staff Report Attachment A - Letter from Celebrity Foundation for Children Attachment B - Resolution No. 2025-11 Attachment C - City Council Policy B-13 Attachment D - Resolution No. 2024-14 Written Comments  City Council Meeting March 11, 2025 Page 6 CONTRACTS AND AGREEMENTS 7. Balboa Boulevard, Newport Boulevard, and 32nd Street Pavement Rehabilitation (Project No. 22R11) - Notice of Completion for Contract No. 8833-2 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. Newport Beach Police Station Video Surveillance System Replacement (Project No. 24F02) - Notice of Completion for Contract No. 9500-1 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 9. Approval of On-Call Maintenance and Repair Services Agreement for Roll-Up Doors and Gates with Excel Door & Gate Company, 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 Excel Door and Gate Company, Inc. for on-call Roll-Up Door and Gates Maintenance and Repair Services for a five-year term and total not-to-exceed amount of $550,000; and c) Authorize the Mayor and City Clerk to execute the agreement. Staff Report Attachment A - Agreement Written Comments  City Council Meeting March 11, 2025 Page 7 10. Amendment No. One to Purchase and License Agreement with T2 Systems Canada, Inc. for Multi-Space Pay Stations a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 1578) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; b) Authorize staff to purchase and replace the outdated pay stations over the next five years, ensuring all units are replaced by the end of their 10-year lifespan, while maintaining compliance with the City's Local Coastal Program Implementation Plan and the California Vehicle Code; c) Authorize the City Manager or designee to enter into an amendment to the existing agreement to purchase, install and maintain up to 86 additional multi-space pay stations, replacing those purchased between 2014 and 2018 as they reach the end of their 10-year lifespan in the coming years, with an amount not-to-exceed $785,122.04; and d) Waive the standard bidding requirements provided by City Council Policy F -14 and approve a single source award of the agreement to T2 Systems, Inc. (T2). Staff Report Attachment A - Amendment No. One Written Comments MISCELLANEOUS 11. Planning Commission Agenda for the March 6, 2025 Meeting Receive and file. Planning Commission Action Report Planning Commission Agenda  City Council Meeting March 11, 2025 Page 8 12. Cultural Arts Grants Fiscal Year 2024-25 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 recommended recipients for Fiscal Year 2024-25 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy I -10, Culture and Arts Grants. Staff Report Attachment A - City Council Policy I-10 On the Agenda Written Comments ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC COMMENTS ON NON-AGENDA ITEMS Public comments are invited on non-agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. XV. CURRENT BUSINESS 13. Ordinance No. 2025-5: An Amendment Deleting Section 5 of Ordinance No. 2022-8 Removing Sunset Date of April 21, 2025 a) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-5, An Ordinance of the City of Council of the City of Newport Beach, California, Removing the Sunset Provision from Ordinance No. 2022-8 Thereby Retaining Section 15.02.095 (Section 105.3.4) to Timeframes for Completion of Construction, and pass to second reading on March 25, 2025. Staff Memo Staff Report Attachment A - Ordinance No. 2025-5 Attachment B - Ordinance No. 2022-8 (redlined) On the Agenda Written Comments  City Council Meeting March 11, 2025 Page 9 XVI. 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. XVII. 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). Written Comments XVIII. CLOSED SESSION REPORT XIX. 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.