City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA MAY 13, 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 May 13, 2025 Page 2 I. ROLL CALL - 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Presentation from the Lion’s Heart Boys Group - Corona del Mar Chapter SS3. Proclamation Recognizing National Public Works Week SS4. Expansion of City Trolley Concept City staff will present a draft concept to expand the City’s summer trolley service into the Corona del Mar, Newport Center and Balboa Island areas for review and discussion. At the conclusion of the Study Session, staff will seek City Council’s general direction and guidance on how to proceed with the trolley service expansion concept. On the Agenda 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 4:30 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. INVOCATION - Pastor W. Dan Erlenbusch, Newport Harbor Lutheran Church VIII. PLEDGE OF ALLEGIANCE IX. PRESENTATION · History of the Completion of Newport Harbor by Bill Lobdell  City Council Meeting May 13, 2025 Page 3 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 - 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. XII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the April 29, 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 May 13, 2025 Page 4 ORDINANCE FOR ADOPTION 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) Conduct second reading and adopt 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. Staff Report Attachment A - Ordinance No. 2025-6 Attachment B - NBMC 11.04.080 (redlines) RESOLUTIONS FOR ADOPTION 4. Resolution No. 2025-20: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association and Associated Salary Schedule 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. 2025-20, 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. 25-063 appropriating $422,413.15 in increased expenditures in various City division salary and benefits accounts from unappropriated General Fund balance. Staff Report Attachment A - Resolution No. 2025-20 and MOU Attachment B - Costing Attachment C - Budget Amendment Written Comments  City Council Meeting May 13, 2025 Page 5 5. Resolution No. 2025-21: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule 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. 2025-21, 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 Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule; and c) Approve Budget Amendment No. 25-061 appropriating $127,947.97 in increased expenditures in various City division salary and benefits accounts from unappropriated General Fund balance. Staff Report Attachment A - Resolution No. 2025-21 and MOU Attachment B - Costing Attachment C - Budget Amendment Written Comments  City Council Meeting May 13, 2025 Page 6 6. Resolution No. 2025-22: Accept State of California, Department of Parks and Recreation, Division of Boating and Waterways 2025 Grant for the Marina Park Boating 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) Adopt Resolution No. 2025-22, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Grant Agreement C8969330 Between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beach for Reimbursement of the Cost for Replacement Equipment, Refurbishment Items, Safety Equipment and Scholarships for the Marina Park Boating Program; c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the reimbursement of the cost for the adaptive sailing equipment and replacement items for the Marina Park Boating Program; and d) Approve Budget Amendment No. 25-064 to record and appropriate $46,000 in grant revenue from the State of California Division of Boating and Waterways to Marina Park - Marina Park Sailing account 0107023-561086-G2502 and in expenditure appropriations to Marina Park - Equipment NOC account 0107023- 911024-G2502. Staff Report Attachment A - Resolution No. 2025-__ & Grant Agreement C8969330 Attachment B - Budget Amendment On the Agenda  City Council Meeting May 13, 2025 Page 7 7. Resolution No. 2025-23: Creating the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options 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. 2025-23, A Resolution of the City Council of the City of Newport Beach, California, Creating the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options. Staff Report Attachment A - Resolution No. 2025-23 CONTRACTS AND AGREEMENTS 8. Superior Avenue and Hospital Road Pavement Rehabilitation (Project No. 23R14) - Notice of Completion for Contract No. 8894-2 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 9. Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement - Award of Contract No. 9750-1 (25F02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) 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) Approve the project plans and specifications; c) Find the bid submitted by Rod-West Floor Covering LLC to be non-responsive; d) Award Contract No. 9750-1 to Commercial Interior Resources for the total bid price of $151,070 for the Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $15,000 (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 May 13, 2025 Page 8 10. Professional Services Agreement with Deckard Technologies, Inc. for Short-Term Lodging Compliance & Hotline 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 Professional Services Agreement with Deckard Technologies, Inc. for Short-Term Lodging Compliance and Hotline for five years for a not-to-exceed amount of $243,750 piggybacking off the procurement of the City of Oxnard’s formal solicitation; and c) Authorize the Mayor and the City Clerk to execute the agreement. Staff Report Attachment A - Agreement Written Comments 11. Approval of On-Call Health Screening Services 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; b) Approve an On-Call Professional Services Agreement with Hoag Clinic, dba Hoag Executive Health, on a form approved by the City Attorney, with a not-to-exceed amount of $925,000 and a five-year term; and c) Approve an On-Call Professional Services Agreement with The Regents of the University of California on behalf of the University of California at Irvine Joe C. Wen School of Population and Public Health, on a form approved by the City Attorney, with a not-to-exceed amount of $500,000 and a five-year term. Staff Report Attachment A - Scope of Services Attachment B - Hoag Rate Sheet Attachment C - UC Irvine Rate Sheet ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED  City Council Meeting May 13, 2025 Page 9 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 12. Status of City of Newport Beach Vacancies and Retention Efforts Pursuant to Government Code Section 3502.3 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 Status of City of Newport Beach Vacancies and Retention Efforts pursuant to Government Code Section 3502.3. Staff Report Attachment A - Presentation On the Agenda 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.  City Council Meeting May 13, 2025 Page 10 XVII. PUBLIC COMMENTS ON CLOSED SESSION XVIII. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 2 matters 1. Agency Designated Representatives: Mayor Joe Stapleton and Mayor Pro Tem Lauren Kleiman, Negotiators. Unrepresented Employees: Unrepresented Employees in the Key and Management Group. 2. Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Director of Human Resources, and Jonathan Holtzman, Esq ., Negotiators. Unrepresented Employees: Newport Beach Employees League. B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9 (d)(1)): 1 matter Joseph Cartwright v. City of Newport Beach Workers’ Compensation Appeals Board Case No. ADJ15869339 XIX. CLOSED SESSION REPORT XX. ADJOURNMENT - In memory of Elizabeth Stahr 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.