City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA APRIL 29, 2025 COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) REGULAR MEETING - 4:30 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 April 29, 2025 Page 2 I. ROLL CALL - 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Lower Castaways Redevelopment and City Pool Options On the Agenda III. RECESS IV. RECONVENE AT 4:30 P.M. FOR REGULAR MEETING V. PRESENTATION ● History of Newport Beach Lifeguards by Chief Jeff Boyles VI. INVOCATION VII. PLEDGE OF ALLEGIANCE VIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES IX. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 20). 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 April 29, 2025 Page 3 X. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the April 15, 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. ORDINANCE FOR INTRODUCTION 3. Ordinance No. 2025-6: Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach 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. 2025-6: An Ordinance of the City Council of the City of Newport Beach, California Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach and pass to a second reading on May 13, 2025. Staff Report Attachment A - Ordinance No. 2025-6 Attachment B - Redline of NBMC Chapter 11.04 On the Agenda Correspondence Written Comments  City Council Meeting April 29, 2025 Page 4 RESOLUTIONS FOR ADOPTION 4. Resolution No. 2025-14: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 1 Environmental Cleanup 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; and b) Adopt Resolution No. 2025-14 A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Approving the Submittal of a Grant Proposal for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program. Staff Report Attachment A - Location Map Attachment B - Resolution No. 2025-14 5. Resolution No. 2025-15: Creating the Ad Hoc Oil 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. 2025-15, A Resolution of the City Council of the City of Newport Beach, California, Creating the Ad Hoc Oil Advisory Committee: and c) Confirm the appointments of Councilmember Michelle Barto, Councilmember Noah Blom and Councilmember Sara J. Weber to serve on the Ad Hoc Oil Committee. Staff Report Attachment A - Resolution No. 2025-15  City Council Meeting April 29, 2025 Page 5 6. Resolution No. 2025-16: Creating the Integrated Pest Management 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. 2025-16, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee to Review the City’s Integrated Pest Management Program and Make Recommendations to the City Council Regarding Revisions Thereto; and c) Confirm the appointments of Mayor Pro Tem Lauren Kleiman, Councilmember Noah Blom and Councilmember Sara J. Weber to serve on the Ad Hoc Council Integrated Pest Management Program Review Committee. Staff Report Attachment A - Resolution No. 2025-16 Attachment B - Public Comments Correspondence CONTRACTS AND AGREEMENTS 7. Approval of Amendment No. Two to Maintenance/Repair Services Agreement with Nature’s Image, Inc. (Contract No. 8537-1) 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 Amendment No. Two to the Maintenance/Repair Services Agreement with Nature’s Image, Inc. to extend the term through April 22, 2029, increase the not-to-exceed amount by $2,334,049.71, for a new not-to-exceed amount of $4,868,982.95, and incorporate green-waste reporting requirements and authorize the Mayor and City Clerk to execute the amendment. Staff Report Attachment A - Amendment No. 2  City Council Meeting April 29, 2025 Page 6 8. Approval of On-Call Maintenance and Repair Services Agreement for Facilities Maintenance Support with Ramco General Engineering Contractors, 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; and b) Approve a Maintenance and Repair Services Agreement with Ramco General Engineering Contractors Inc., for On-Call Facilities Maintenance Support Services for a three-year term and not-to-exceed amount of $500,000 and authorize the Mayor and City Clerk to execute the agreement. Staff Report Attachment A - Maintenance and Repair Agreement 9. Approve the Service Agreement for Water Laboratory Services with Sierra Analytical Labs, 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; and b) Approve Professional Services Agreement for Potable Water Laboratory Services with Sierra Analytical Labs, Inc., for a five-year term with a total not-to-exceed amount of $325,000, and authorize the Mayor and City Clerk to execute the agreement. Staff Report Attachment A - Agreement  City Council Meeting April 29, 2025 Page 7 10. Approval of Amendment No. Two to Professional Services Agreement with Bumper to Bumper, Inc. for Vehicle Washing and Detailing Services (Contract No. 8877-1) 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 Amendment No. Two to Professional Services Agreement with Bumper to Bumper, Inc. to extend the term through May 30, 2027, and increase the not-to-exceed amount by $260,000 for a new not-to-exceed amount of $580,000, and authorize the Mayor and City Clerk to execute the amendment. Staff Report Attachment A - Amendment No. 2 Written Comments 11. Approve the Second Amendment to the 2009 Waste Disposal Agreement with the County of Orange (Contract No. 4194) 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 the Second Amendment to the 2009 Waste Disposal Agreement with the County of Orange (Contract No. 4194), to extend the term of the Agreement for 12 months and allow for a 2.6% disposal fee increase and authorize the Mayor and City Clerk to execute the amendment. Staff Report Attachment A - Second Amendment to Waste Disposal Agreement  City Council Meeting April 29, 2025 Page 8 12. Reassignment and Amendment of the Services Agreement for Sewer Manhole Lining Services 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 assignment agreement from Sancon Technologies, Inc. to Vortex Services, LLC for on-call maintenance/repair services agreement C-8934-1 for sewer manhole lining services; and c) Approve Amendment No. 1 to the On-Call Maintenance/Repair Services Agreement with Vortex Services, LLC for Sewer Manhole Lining Services, extending the term to July 28, 2027, and increasing the agreement amount by $200,000, and authorize the Mayor and City Clerk to execute the Agreement. Staff Report Attachment A - Assignment Agreement Attachment B - Amendment No. 1 13. Tentative Agreement with the Newport Beach Fire Association 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 consider the Tentative Agreement between the City of Newport Beach and the Newport Beach Fire Association. Staff Report Attachment A - Tentative Agreement and Proposed MOU (Redline) Attachment B - Estimated Cost of Contract with NBFA Written Comments  City Council Meeting April 29, 2025 Page 9 14. Tentative Agreement with the Association of Newport Beach Ocean Lifeguards (ANBOL) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 1560(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 consider the Tentative Agreement between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards. Staff Report Attachment A - Tentative Agreement with Proposed MOU (Redline) Attachment B - Estimated Cost of Contract with ANBOL Written Comments 15. Amendment No. One to the Professional Services Agreement with Infosend, Inc. for Printing, Mailing and Online Presentment and Authorization to Execute Documents for Credit-Card Pass-Through Fees 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. One to the Professional Services Agreement with Infosend, Inc. for Document Printing, Mailing Services and Online Presentment; and c) Authorize the City Manager and/or her designee to execute documents with the merchant service providers to implement pass-through credit card fees for utility payments. Staff Report Attachment A - Amendment No. 1 Attachment B - i3 Verticals Application and Agreement Attachment C - Pace Merchant Agreement Written Comments  City Council Meeting April 29, 2025 Page 10 16. Amendment No. 2 to Official Police Tow Truck Service Agreements with G&W Towing and Southside Towing 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 Amendment No. 2 to the Official Police Tow Truck Service Agreements with G&W Towing of Costa Mesa and PD Transport, Inc., DBA Southside Towing, of Costa Mesa increasing towing rates, amending insurance requirements, and allowing insurance cost offsets in an amount not-to-exceed $75,000 per towing operator and authorize the Mayor and City Clerk to execute the amendments. Staff Memo Staff Report Attachment A - Amendment No. 2 to Agreement with G&W Towing Attachment B - Amendment No. 2 to Service Agreement with PD Transport, Inc. DBA Southside Towing Attachment C - Regional Towing Fees Comparison MISCELLANEOUS 17. Grants and Donations Report for the Quarter Ending March 31, 2025 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  City Council Meeting April 29, 2025 Page 11 18. Fiscal Year 2024-25 Second Quarter Financial Report 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 Budget Amendment No. 25-057, adjusting revenue estimates and expenditure appropriations for the Fiscal Year 2024-25 budget as further outlined in the report. Staff Report Attachment A - Budget Amendment No. 25-057 19. Approve the 2025 Sewer System Management Plan 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 the City’s 2025 Sewer System Management Plan as required by the State Water Resources Control Board Order 2022-103-DWQ. Staff Report Attachment A - 2025 Sewer System Management Plan Written Comments  City Council Meeting April 29, 2025 Page 12 20. Planning Commission Cancellation Notice for the April 17, 2025 Meeting Receive and file. Cancellation Notice Written Comments ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XI. ITEMS REMOVED FROM THE CONSENT CALENDAR XII. 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. XIII. PUBLIC HEARINGS 21. Resolution No. 2025-17: Revising Certain Fees Within the Schedule of Rents, Fines and Fees 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. 2025-17, A Resolution of the City of Newport Beach, California, Revising and Adopting Fees Within the Schedule of Rents, Fines, and Fees. Staff Report Attachment A - Fiscal Year 2024-25 Studied Department Changes Attachment B - Redlined Schedule of Rents, Fines, and Fees for FY 2025-26 Attachment C - Resolution No. 2025-17 On the Agenda Written Comments  City Council Meeting April 29, 2025 Page 13 22. Resolution No. 2025-18: Appeal of a Limited Term Permit and Coastal Development Permit for the Five Crowns Temporary Patio (PA2023-0202) a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) 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; and c) Adopt Resolution No. 2025-18, A Resolution of the City Council of the City of Newport Beach, California, Denying an Appeal and Upholding the Decision of the Planning Commission’s and Zoning Administrator to Approve a Limited Term Permit for a Temporary Outdoor Dining Area with Live Entertainment Located at 3801 East Coast Highway (PA2023-0202). Staff Report Attachment A - Resolution No. 2025-18 Attachment B - Updated Noise Report and Response to Comment Letter Attachment C - December 5, 2024 Planning Commission Staff Report Attachment D - December 5, 2024, Planning Commission Minutes Attachment E - City Council Appeal Attachment F - Five Crowns Response to Appeal letter dated October 22, 2024 Attachment G - Plans On the Agenda Correspondence  City Council Meeting April 29, 2025 Page 14 23. Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an Amendment to the North Newport Center Planned Community (PC-56) a) Conduct a public hearing; b) Find this matter is not subject to further environmental review pursuant to Section 21083.3 of the California Public Resources Code (PRC) and Section 15183 of the California Environmental Quality Act (CEQA) Guidelines because it is consistent with the previously certified Program Environmental Impact Report (SCH No. 2023060699); c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-7, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to the North Newport Center Planned Community Development Plan (PC-56) to Allocate 1,500 Base Dwelling Units from the HO-4 (Newport Center Area) Subarea Development Limits Set Forth in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) of the Newport Beach Municipal Code to the North Newport Center Planned Community (PC-56) Development Plan for 100 And 190 Newport Center Drive and Various Addresses Within the North Newport Center Planned Community (PA2024-0173) and pass to a second reading on June 10, 2025; d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-8, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Project Located at 100 and 190 Newport Center Drive and Various Addresses Within the North Newport Center Planned Community (PA2024-0173) and pass to a second reading on June 10, 2025; and e) Approve Resolution No. 2025-19, A Resolution of the City Council of the City of Newport Beach, California, Approving an Affordable Housing Implementation Plan (AHIP) and Water Supply Assessment for Properties Located at 100 and 190 Newport Center Drive and Various Addresses Within the North Newport Center Planned Community (PA2024-0173). Staff Report Attachment A - Ordinance No. 2025-7 Attachment B - Ordinance No. 2025-8 Attachment C - Resolution No. 2025-19 Attachment D - Planning Commission Staff Report (No Attachments) Attachment E - Planning Commission Draft Meeting Minutes Attachment F - Planning Commission Resolution No. 2025-006 (No Exhibits) Attachment G - Redline-Strikeout Planned Community Development Plan Attachment H - Public Comments On the Agenda Exhibit C to Ordinance 2025-8 Correspondence Written Comments  City Council Meeting April 29, 2025 Page 15 XIV. 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. XV. PUBLIC COMMENTS ON CLOSED SESSION XVI. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code §54956.9 (d)(4): 1 matter B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Director of Human Resources, 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). XVII. CLOSED SESSION REPORT XVIII. 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.