HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
FEBRUARY 11, 2025
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
REGULAR MEETING — 4:00 P.M.
JOE STAPLETON, Mayor
LAUREN KLEIMAN, Mayor Pro Tern
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(a�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
FEBRUARY 11, 2025
REGULAR MEETING — 4:00 P.M.
ROLL CALL — 4:00 p.m.
II. INVOCATION — Michael Mooslin, First Church of Christ, Scientist, Newport Beach
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATION
• History of the Red Car Trolley by Bill Lobdell
V. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
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. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
VII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider creating an ad hoc committee to review the structure, membership, roles and
responsibilities of the Aviation Committee [Blom]
Vill. 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.
IX. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the January 28, 2025 City Council Meeting
Waive reading of subject minutes, approve as written, and order filed.
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
February 11, 2025
Page 2
RESOLUTION FOR ADOPTION
3. Resolution No. 2025-7: Creating the Community Development Block Grant 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. 2025-7, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Community Development Block Grant Ad Hoc Advisory Committee;
and
c) Confirm the appointments of Mayor Pro Tern Lauren Kleiman and Councilmember Sara J.
Weber to serve on the Community Development Block Grant Ad Hoc Advisory Committee.
CONTRACTS AND AGREEMENTS
4. East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon
Road Drainage Improvements — Notice of Completion for Contract No. 8925-2 (23R11)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
5. Slurry Seal Program (Fiscal Year 2022-23 and Fiscal Year 2023-24) — Notice of Completion
for Contract No. 9380-1 (24R04)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
6. Approval of On -Call Maintenance and Repair Services Agreement for Portable Toilet
Services with United Site Services of California, 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 United Site Services of
California, Inc. for on -call portable toilet services for a five-year term and total not -to -exceed
amount of $200,000; and
c) Authorize the Mayor and City Clerk to execute the agreement.
7. Amendment to Professional Services Agreement with Arts Orange County for Sculpture
Exhibition Project Management Extension
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. Two to the Professional Services Agreement with Arts Orange
County for Sculpture Exhibition — Phase VIII, which extends the term of the agreement to
September 1, 2026, and increases the contract amount by $7,500, and authorize the Mayor
and City Clerk to execute the agreement; and
c) Approve Amendment No. One to the Professional Services Agreement with Arts Orange
County for Sculpture Exhibition — Phase IX, which extends the term of the agreement to
October 1, 2027, and increases the contract amount by $7,500, and authorize the Mayor and
City Clerk to execute the agreement.
8. Proposal to Reduce Flashy Fuels and Restore Habitat in Buck Gully Reserve
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15304 (Class 4 - Minor Alterations to Land) and 15308 (Class 8 - Actions Taken by
Regulatory Agencies for Protection of the Environment) 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;
b) Approve Budget Amendment No. 25-053 transferring $425,055 from the unappropriated
General Fund balance to the General Fund CIP and appropriating it into Account
No. 01201928-911047-BGFRR; and
City Council Meeting
February 11, 2025
Page 3
c) Authorize the City Manager to execute a contract that is acceptable to the City Attorney with
Irvine Ranch Conservancy in the amount of $425,055 to reduce flashy fuels and restore
habitat in Buck Gully.
MISCELLANEOUS
9. Confirmation of Nominations to Fill the Vacancy on the Planning Commission
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) Confirm the nominations of Greg Reed, Loren Smith, and Drew Teicheira to fill the vacancy
on the Planning Commission.
10. Confirmation of Councilmember Michelle Barto's and Councilmember Noah Blom's
Citizen Appointments to the Finance 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; and
b) Confirm Councilmember Michelle Barto's appointment of William Kenney, Jr. and
Councilmember Noah Blom's appointment of Kory Kramer to serve on the Finance
Committee until June 30, 2025.
11. Financial Statement Audit Results and Related Communication for the Fiscal Year Ended
June 30, 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; and
b) Receive and file.
12. Acceptance of the National Highway Traffic Safety Administration (NHTSA) Illegal Passing
of Stopped School Buses -High Visibility Enforcement Pilot Project
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) Accept a $57,800 NHTSA Illegal Passing of School Buses -High Visibility Enforcement Pilot
Project award granted to the Newport Beach Police Department by Toxcell LLC.; and
c) Approve Budget Amendment No. 25-052 increasing NBPD revenue estimates and
expenditure appropriations by $57,800.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
X. ITEMS REMOVED FROM THE CONSENT CALENDAR
XI. PUBLIC HEARINGS
13.Ordinance No. 2025-1: Granting Non -Exclusive Commercial Solid Waste Franchise
Agreements
a) Conduct a public hearing to consider the award of Non -Exclusive Commercial Solid Waste
Franchises pursuant to Resolution No. 2025-6;
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
City Council Meeting
February 11, 2025
Page 4
c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2025-1, An Ordinance of the City Council of the City of Newport Beach, California,
Granting Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible
Materials Handling Services Within the City of Newport Beach, and pass to second reading
on February 25, 2025.
14. Resolution No. 2025-8: Amending the Schedule of Rents, Fines and Fees to Provide a
Pass -Through of Credit Card Transaction Fee Charged by Third Parties Directly to the
Consumer
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. 2025-8, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Schedule of Rents, Fines and Fees to Provide a Pass -Through of
Credit Card Transaction Fee Charged by Third Parties Directly to the Consumer.
15. Resolution No. 2025-9: Approving a Request to Waive City Council Policy L-2, Driveway
Approaches, and a Coastal Development Permit for a Duplex at 3601 Lake Avenue
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
under Class 3 (New Construction or Conversion of Small Structures), because it has no
potential to have a significant effect on the environment; and
c) Adopt Resolution No. 2025-9, A Resolution of the City Council of the City of Newport Beach,
California, Waiving City Council Policy L-2 (Driveway Approaches) and Approving a Coastal
Development Permit to Demolish an Existing Single -Unit Dwelling and Construct a New
Duplex Located at 3601 Lake Avenue (PA2024-0105).
XII. CURRENT BUSINESS
16. Employment Agreement for City of Newport Beach Police Chief
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) Authorize the City Manager to Execute an Employment Agreement Between the City of
Newport Beach and David Miner for Police Chief Services.
XIII. 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.
XIV. ADJOURNMENT
Testimony given before the City Council is recorded.
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