City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA MAY 27, 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 NOAH BLOM, Councilmember ROBYN GRANT, Councilmember SARA J. WEBER, Councilmember ERIK WEIGAND, Councilmember GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. 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 either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk staff prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk@newportbeachca.gov).  City Council Meeting May 27, 2025 Page 2 * * * * * * * * * * * * * NOTE: A Special Joint Meeting of the Newport Beach City Council and the Finance Committee will be held at 4:00 p.m. in the same location (City Council Chambers). Please see the separate agenda for this meeting. The public is welcome to participate in the Special Joint Meeting, as well as the City Council Meeting. * * * * * * * * * * * * * I. ROLL CALL - 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Proclamation Recognizing Sadie Susolik as Mayor for the Day SS3. Review of the Proposed Fiscal Year 2025-26 Capital Improvement Program Budget Public Works staff will be presenting the proposed Fiscal Year 2025-26 through 2030-31 Capital Improvement Program (CIP). The CIP serves as a plan for the provision of public improvements, special projects, on-going maintenance programs, and the implementation of the City’s master plans. Projects in the CIP include improvements and major maintenance on arterial highways, local streets, and alleys; storm drain and water quality improvements; harbor, pier, and beach improvements; park and facility improvements; water and wastewater system improvements; transportation safety, reliability, and traffic signal improvements; and planning programs and studies. The presentation will review and focus on the proposed CIP budget of $108,937,997 for capital improvement projects and programs in FY 2025-26. 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  City Council Meeting May 27, 2025 Page 3 V. RECONVENE AT 4:30 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. INVOCATION VIII. PLEDGE OF ALLEGIANCE IX. PRESENTATION · History of the Boy Scout National Jamboree by Don Webb 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 - 13). 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 May 27, 2025 Page 4 XII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the May 13, 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. Written Comments RESOLUTIONS FOR ADOPTION 3. Resolution No. 2025-24: Establishing the Position of Historian Laureate 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. 2025-24, A Resolution of the City Council of the City of Newport Beach, California, Establishing the Position of Historian Laureate. Staff Report Attachment A - Resolution No. 2025-24 On the Agenda Written Comments 4. Resolution No. 2025-25: Approving Amendments to the Records Retention 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; and b) Adopt Resolution No. 2025-25, A Resolution of the City Council of the City of Newport Beach, California, Amending Certain Sections of the Records Retention Schedule and Authorizing Destruction of Certain Records. Staff Report Attachment A - Resolution No. 2025-25 Written Comments  City Council Meeting May 27, 2025 Page 5 CONTRACTS AND AGREEMENTS 5. San Miguel Park Accessibility Playground Improvements - Notice of Completion for Contract No. 9371-1 (24P01) 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. Utilities Department Locker Room Maintenance - Notice of Completion for Contract No. 9501-1 (25F03) 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. Public Bathroom Gate Fabrication and Installation - Reject All Bids for Contract No. 9761-1 a) Find this project 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) Reject all bids received for Contract No. 9761-1; and c) Direct staff to re-advertise the Public Bathroom Gate Fabrication and Installation project. Staff Report Attachment A - Gate Plans 8. Approval to Increase the Purchase Order Amount with Vulcan Materials Co. for As-Needed Procurement of Asphalt Materials for the Public Works 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) Approve a change order to Purchase Order No. 22500313 with Vulcan Materials Co., increasing the amount from $120,000 to $150,000 for Fiscal Year 2024-25. Staff Report  City Council Meeting May 27, 2025 Page 6 9. Parks, Beaches & Recreation Commission Recommendations for Ocean Boulevard Vision Plan and The Great Rescue of 1925 Plaque 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) Receive and file the Parks, Beaches & Recreation Commission’s revised Ocean Boulevard Concept Master Plan, dated March 4, 2025; c) Approve the Donation Agreement with Paul Burnett for the fabrication, installation and maintenance of The Great Rescue of 1925 plaque, and authorize the Mayor and City Clerk to execute the agreement; and d) Waive the requirements of City Council Policy L-6 to allow the placement of The Great Rescue of 1925 plaque within the public right-of-way at the Dahlia Avenue vista point. Amended Staff Report Amended Attachment A - Ocean Boulevard Concept Master Plan Attachment B - Donation Agreement Attachment C - Memorial Monument Proposal Staff Report (see amended Staff Report) Attachment A (see amended Attachment) Written Comments 10. Amendment to On-Call Maintenance Agreement with Duke’s Root Control, Inc., for Sewer Root Control 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; and b) Approve Amendment No. One to the On-Call Maintenance/Repair Services Agreement with Duke’s Root Control, Inc., for Sewer Root Services, which extends the contract for two additional years to June 30, 2027, and increases the contract amount by $290,000, and authorize the Mayor and City Clerk to execute the Agreement. Staff Report Attachment A - Amendment No. One  City Council Meeting May 27, 2025 Page 7 11. Tentative Agreement with Newport Beach Police Association (NBPA) 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 Police Association. Staff Report Attachment A - Tentative Agreement and Proposed MOU (redlined) Attachment B - Cost of Contract Written Comments 12. Temporary Employment Agreement for City Clerk 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) Pursuant to Charter Section 600, appoint Molly McLaughlin Perry as the Interim City Clerk for the City of Newport Beach; and c) Authorize the Mayor and City Clerk to execute the Temporary Employment Agreement with Molly McLaughlin Perry for city clerk services. Staff Report Attachment A - Temporary Employment Agreement Written Comments MISCELLANEOUS 13. Set Public Hearing Date to Adopt Fiscal Year 2025-2026 Budget 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) Schedule a public hearing on the City of Newport Beach’s Proposed Budget for Fiscal Year 2025-2026 for June 10, 2025, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. Staff Report On the Agenda ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED  City Council Meeting May 27, 2025 Page 8 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 LABOR NEGOTIATORS (Government Code § 54957.6): 2 matters 1. Agency Designated Representatives: Mayor Joe Stapleton and Mayor Pro Tem Lauren Kleiman. Unrepresented Employees: Key and Management Group. 2. Agency Designated Representatives: Grace K. Leung, City Manager, and Jonathan Holtzman, Esq., Negotiators. Employee Organizations: Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); and Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Employees Association (NBPTEA). B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9 (d)(1)): 1 matter Kristalea Houseman v. City of Newport Beach Orange County Superior Court Case No. 30-2023-01359736 XVII. CLOSED SESSION REPORT XVIII. ADJOURNMENT - In memory of Robert Smith 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.