City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA JULY 8, 2025 COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING - 4:00 P.M. 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 MOLLY PERRY, Interim 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 July 8, 2025 Page 2 I. ROLL CALL - 4:00 p.m. II. CURRENT BUSINESS III. INVOCATION - Pastor Adam Feichtmann, Redeemer Presbyterian Church IV. PLEDGE OF ALLEGIANCE V. 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. VI. PRESENTATIONS ● Proclamation Recognizing Amelia Jenkins, Mayor for the Day ● Proclamation Recognizing Rick Stein, President and CEO of Arts Orange County (ArtsOC) ● History of McFadden Square: Newport's First Downtown by Bill Lobdell VII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES VIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON-DISCUSSION ITEM) IX. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 15). 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. X. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the June 24, 2025 City Council Meeting  City Council Meeting July 8, 2025 Page 3 Minutes Amended 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. RESOLUTIONS FOR ADOPTION 3. Resolution No. 2025-40: Medi-Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program for Cost Recovery of Emergency Medical Services for Calendar Year 2024 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. 2025-40, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Execution Of The Intergovernmental Agreement Regarding Transfer Of Public Funds With The Department Of Health Care Services (DHCS), And The Health Plan-Provider Agreement With CalOptima, To Participate In The Medi-Cal Rate Range Intergovernmental Transfer (IGT) Program; c) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement Regarding Transfer of Public Funds with the California Department of Health Care Services; d) Authorize the Mayor and City Clerk to execute the Health Plan-Provider Agreement Intergovernmental Transfer Rate Range Program Agreement with CalOptima; and e) Approve Budget Amendment No. 26-003 appropriating $164,746 in increased expenditures in account 01040404-821008 (IGT) from the General Fund unappropriated fund balance and increasing revenue estimates related to the Medi-Cal IGT program by $390,507 in Account No. 01040404-431246. Staff Report Attachment A - Draft Fund Flow Summary Attachment B - Resolution No. 2025-40 Attachment C - Agreement with California Department of Health Care Services Attachment D - Agreement with CalOptima Attachment E - Budget Amendment No. 26-003 4. Resolution No. 2025-41: Adopting a Memorandum of Understanding with the Newport Beach Professional and Technical Employees 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  City Council Meeting July 8, 2025 Page 4 indirectly; b) Adopt Resolution 2025-41, 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 Professional and Technical Employees Association and Amending the Salary Schedule; and c) Approve Budget Amendment No. 26-004 appropriating $1,036,295 in increased expenditures in various City division salary and benefit accounts from unappropriated fund balances for Fiscal Year 2025/26. Staff Report Attachment A – Resolution No. 2025-41 Attachment A - MOU Attachment B - Estimated Cost of Contract with NBPTEA Attachment C - Budget Amendment No. 26-004 Written Comments 5. Resolution No. 2025-42: Adopting a Memorandum of Understanding with the Newport Beach Police Management Association and the 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. 2025-42, 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 City of Newport Beach Police Management Association and Amending the Salary Schedule for the Association Unit members, Police Chief, and Assistant Police Chief; and c) Approve Budget Amendment No. 26-005 appropriating $1,693,275 in increased expenditures in various City division salary and benefit accounts from unappropriated General Fund balance. Staff Report Attachment A - Resolution No. 2025-42 Attachment B - Attachment B - Exhibit A to Attachment A (NBPMA MOU) Attachment C - Attachment C - Exhibit B to Attachment A (Salary Schedule) Attachment D - Attachment D - Exhibit C to Attachment A (Police Chief Salary Schedule) Attachment E - Attachment E - Exhibit D to Attachment A (Assistant Police Chief Salary Schedule) Attachment F - Estimated Cost of Contract with NBPMA Attachment G - Budget Amendment No.26-005 Written Comments 6. Resolution No. 2025-43: Requesting a CalPERS Contract Amendment to Eliminate Section 20516(a) Cost Sharing for Citywide Miscellaneous Tier I Employees  City Council Meeting July 8, 2025 Page 5 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. 2025-43, A Resolution of the City Council of the City of Newport Beach, California, Requesting the California Public Employees’ Retirement System (CalPERS) Amend the Contract Between the City of Newport Beach and the Board of Administration of CalPERS to Reduce or Eliminate Cost Sharing Pursuant to Government Code Section 20516(A) for City Miscellaneous Tier I Employees Citywide. Staff Report Attachment A - Resolution No. 2025-43 Written Comments CONTRACTS AND AGREEMENTS 7. Approval of a Professional Services Agreement with Arts Orange County to Manage Phase X of the Sculpture Exhibition in Civic Center Park 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 Professional Services Agreement with Arts Orange County for project management of Phase X of the Sculpture Exhibition in Civic Center Park for a total amount not to exceed $135,080 and authorize the Mayor and City Clerk to sign the agreement. Staff Report Attachment A – Professional Services Agreement with Arts Orange County – Phase X Written Comments 8. Irrigation Controller Replacement Phase 2- Notice of Completion for Contract No. 9735-1 (25P02) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. Staff Report Attachment A - Location List Written Comments 9. Tentative Memorandum of Understanding with Newport Beach Lifeguard Management Association (NBLMA) 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  City Council Meeting July 8, 2025 Page 6 Beach and the Newport Beach Lifeguard Management Association. Staff Report Attachment A - Tentative Agreement and Proposed MOU Between the CIty and NBLMA (Redline) Attachment A - Tentative Agreement and Proposed MOU Between the City and NBLMA (Redline) Attachment B - Estimated Cost of Contract with NBLMA Written Comments 10. Tentative Memorandum of Understanding with Newport Beach Fire Management Association (NBFMA) 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 Management Association. Staff Report Attachment A - Tentative Agreement and Proposed MOU Between the City and NBFMA (Redline) Attachment B - Estimated Cost of Contract with NBFMA 11. Draft Revisions to the Newport Beach Key and Management Compensation Plan (K&M) 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 revised Key and Management Compensation Plan. Staff Report Attachment A – Revised Key and Management Compensation Plan (Plan) with Salary Adjustments and proposed Plan (redlined) between the City and the K&M group Attachment B - Estimated Cost of K&M Plan 12. School Resource Officer Program Agreement 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) Approve the agreement between the City of Newport Beach and Newport-Mesa Unified School District to participate in the School Resource Officer Program and authorize the Mayor and City Clerk to execute the agreement on behalf of the City of Newport Beach.  City Council Meeting July 8, 2025 Page 7 Staff Report Attachment A - Agreement with Exhibit A 13. Professional Services Agreements for Building Safety Related Services with VCA Code, Jlee Engineering, Inc., CSG Consultants, and Bureau Veritas North American 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 and authorize the Mayor and City Clerk to execute a three-year professional services agreement with The Code Group, dba VCA Code, with a not-to-exceed the amount of $500,000, in a form substantially similar to the agreement attached to the staff report; c) Approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with JLee Engineering, Inc. with a not-to-exceed the amount of $620,000, in a form substantially similar to the agreement attached to the staff report d) Approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with CSG Consultants, Inc. with a not-to-exceed the amount of $500,000, in a form substantially similar to the agreement attached to the staff report; and e) Approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with Bureau Veritas North America Inc. with a not-to-exceed amount of $500,000, in a form substantially similar to the agreement attached to the staff report. Staff Report Attachment A - Professional Services Agreement with The Code Group Attachment B - Professional Services Agreement with J. Lee Engineering Attachment C - Professional Services Agreement with CSG Consultants Attachment D - Professional Services Agreement with Bureau Veritas North America 14. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the City Council 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 the report. Staff Report Attachment A - GPUSC Chair Gardner's Memo Attachment B - Phase 2 Outreach and Engagement Summary Written Comments MISCELLANEOUS  City Council Meeting July 8, 2025 Page 8 15. Planning Commission Agenda for the July 3, 2025 Meeting Receive and file. PC Agenda PC Action Report ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XI. ITEMS REMOVED FROM THE CONSENT CALENDAR XII. PUBLIC COMMENTS ON AGENDA AND NON AGENDA ITEMS Public comments are invited on agenda and 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 HEARING 16. Ordinance 2025-11: Amending Section 9.04.470 (Local Agency Very High Fire Hazard Severity Zone) To Adopt the 2025 Moderate, High, and Very High Fire Hazard Severity Zones, As Designated By The California Department of Forestry and Fire Protection and Pursuant to California Government Code Section 51178 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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-11, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 9.04.470 (Local Agency Very High Fire Hazard Severity Zone) To Adopt the 2025 Moderate, High, and Very High Fire Hazard Severity Zones, As Designated By The California Department of Forestry And Fire Protection And Pursuant to California Government Code Section 51178; and pass to a second reading on July 22, 2025. Staff Report Attachment A - Local Responsibility Area Fire Hazard Severity Zone Map Attachment B - Ordinance No. 2025-11 XIV. CURRENT BUSINESS 17. Fourth Amended and Restated Employment Agreement for City Manager 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 and authorize the Mayor to execute a Fourth Amended and Restated Employment Agreement between the City of Newport Beach and City Manager  City Council Meeting July 8, 2025 Page 9 Grace K. Leung, subject to the terms and conditions approved by the City Council; and c) Approve Budget Amendment No. 26-006 appropriating $455,371.65 from unappropriated General Fund balance to various salary and benefit accounts to implement the terms of the Agreement for FY 2025-2026. Staff Report Attachment A – Fourth Amended and Restated Employment Agreement for City Manager Attachment B - Budget Amendment 26-006-CC Written Comments 18. Eighth Amended and Restated Employment Agreement for City Attorney 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 and authorize the Mayor to execute the Eighth Amended and Restated Employment Agreement between the City of Newport Beach and City Attorney Aaron C. Harp, subject to the terms and conditions approved by the City Council; c) Adopt Resolution No. 2025-44, A Resolution of the City Council of the City of Newport Beach, California, Amending the Salary Schedule and Adopting a New Salary Range for the City Attorney; and d) Approve Budget Amendment No. 26-007, appropriating $30,512 from unappropriated General Fund balance to various salary and benefit accounts to implement the terms of the Agreement for FY 2025-2026. Staff Report Attachment A - Employment Agreement Attachment B - Resolution No. 2025-44 Attachment C – Estimate of Costs Associated with Amended Agreement Attachment D - Budget Amendment Written Comments XV. 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. XVI. ADJOURNMENT - In Memory of Rae Cohen Testimony given before the City Council is recorded. 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