HomeMy WebLinkAbout02/11/2025 - Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Regular Meeting
February 11, 2025
I. ROLL CALL — 4:00 p.m.
Present: Mayor Joe Stapleton, Mayor Pro Tem Lauren Kleiman, Councilmember Michelle Barto,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J. Weber,
Councilmember Erik Weigand
11. INVOCATION — Michael Mooslin, First Church of Christ, Scientist, Newport Beach
11I. PLEDGE OF ALLEGIANCE — Councilmember Weber
1V. PRESENTATION
• History of the Red Car Trolley by Bill Lobdell
Bill Lobdell utilized a presentation to discuss the Pacific Electric red car trolley and its impact on
Newport Beach's development, how the trolley, introduced in 1902, shaped the City by bringing
tourists and facilitating land development, explained the partnership between W.S. Collins and
Henry Huntington that led to the trolley's establishment, and how it connected Newport Beach to
the rest of Southern California. He also mentioned the construction of the Balboa Pavilion in 1906
as a key attraction linked to the trolley line. The presentation concluded with information about the
trolley's operation until 1953 and its lasting influence on the City's layout.
Mayor Stapleton then provided an update on the city's plans to introduce new trolleys in the summer
of 2026, with the goal of connecting different parts of the city and reducing car usage.
V. PUBLIC COMMENTS ON AGENDA AND NON AGENDA ITEMS
Jim Mosher commented on the deviation from the normal protocol of placing public comments on
non -agenda items later in the agenda. He congratulated Mayor Pro Tem Klein on her remote
participation in a recent California Coastal Commission meeting and questioned why Newport Beach
does not offer remote participation for Council meetings. He also suggested that Councilmembers clarify
when they are speaking as individuals rather than on behalf of the entire Council.
Adam Leverenz commended City Manager Leung on selecting David Miner as the new Police Chief,
expressed approval of hiring from within the department and praised the new Chiefs qualities.
VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Barto:
• Attended and discussed last week's Water Quality/Tidelands Committee meeting
Councilmember Grant:
• Congratulated the new Police Chief
• Reported on a meeting and tour with Supervisor Katrina Foley at the MemorialCare Women's
Health Pavilion - Saddleback Medical Center and discussed a county proposal for a model ordinance
addressing sober living facilities
• Thanked staff for holding the annual Planning Session
• Congratulated Mayor Stapleton for the 43Td Annual Mayor's Dinner and thanked Speak Up Newport
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• Attended the Chamber of Commerce's Wake Up Newport event where Fire Chief Boyles, Battalion
Chief Novak, and Fire Marshal Gillespie reported on fire preparedness
Mayor Pro Tem Kleiman:
• Hosted a legislative ad hoc committee for the California Sober Living Task Force
• Spoke with homeowner associations about fire mitigation and public safety
• Attended the So Cal Advanced Air Mobility working group meeting
• Announced that the next Aviation Committee Meeting will be held on February 24, 2025 at the
OASIS Senior Center
Mayor Stapleton:
• Attended the annual Planning Session, the Police Department Mobile Cafe event, and the Mayor's
Dinner
• Provided updates on the trash interceptor project and announced the ribbon cutting will be held on
March 7, 2025
• Discussed his upcoming selfmfunded trip to London with Visit Newport Beach for tourism promotion
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]
The City Council unanimously concurred to bring the item back at a future meeting.
VIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 5 (Slurry Seal Program), Jim Mosher noted that cracks in his street and in the Dover
Shores area have reappeared less than a year after the sealing work was completed and stated that the
contractor might need to do follow-up work.
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.
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 Tem Lauren Kleiman and Councilmember Sara J.
Weber to serve on the Community Development Block Grant Ad Hoc Advisory Committee.
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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.
Approval of On -Call Maintenance and Repair Services Agreement for Portable Toilet
Services with United Site Services of California, Inc. (C-8445-3)
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;
b) Approve a Maintenance and Repair Services Agreement with United Sits 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 (C-846..3-6), 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 (C-8463-7), 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 (C-9825-1)
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
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
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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 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 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.
Motion by Mayor Pro Tem Kleiman, seconded by Councilmember Barto, to approve the Consent
Calendar.
The motion carried unanimously.
X. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XI. PUBLIC HEARINGS
13. Ordinance No. 2025-1: Granting Non -Exclusive Commercial Solid Waste Franchise
Agreements
Mayor Stapleton opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Councilmember Weigand, seconded by Councilmember Blom, to 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. 2025-1, 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.
The motion carried unanimously.
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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
Mayor Stapleton opened the public hearing.
Jim Mosher expressed concern for the public's understanding of the new fee structure.
City Manager Leung explained that credit card fees charged to the City from the merchant payment
processor will be passed along to the public.
Hearing no further testimony, Mayor Stapleton closed the public hearing.
Motion by Mayor Stapleton seconded by Councilmember Grant, to 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. 2025-8, 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.
The motion carried unanimously.
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
Assistant Planner Arregui utilized a presentation to explain the reasons for the waiver request and
the project's compliance with coastal development permit requirements. He also noted proposed
amendments to the resolution.
Mayor Stapleton opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Councilmember Weigand, _seconded by Councilmember Weber, to a) 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 b) adopt amended 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).
The motion carried unanimously.
XII. CURRENT BUSINESS
16. Employment Agreement for City of Newport Beach Police Chief (C-9826-1)
City Manager Leung outlined the key components of the employment agreement, including the
annual base salary, cost of living increases, termination clause, and contract term.
In response to Councilmember Blom's questions, City Manager Leung stated that the salary range
has been in effect since the last salary survey, the salary is in line with the former Police Chiefs
salary, Cost of Living Adjustments (COLA) are associated with the Police Management Association's
agreements (PMA) and are not reflected in the base pay, and the range reflects only the base salary.
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Mayor Pro Tem Kleiman supported Police Chief Miner's appointment; however, suggested clarifying
that the base pay is subject to the salary range of the Police Chiefs position exempting scholastic
and other pay, and any conflicts between the Key and Management Plan and PMA for COLA versus
other benefits. She thought that Section 4E was arbitrary and inconsistent with the Fire Chiefs
agreement and suggested amending the contract to have more concrete bonus pays that are not
discretionary. City Manager Leung noted that there are no set adjustments on the merit bonuses
for executive management. Mayor Pro Tem Kleiman proposed leaving that in and adding a provision
with a set increase. City Attorney Harp discussed "locked in" salary increases in the Fire Chiefs
employment contract and proposed annual locked in increases for the Police Chief up to the range
of the salary schedule or a bonus that is not tied to performance that does not impact the base pay
or salary schedule.
In response to Councilmember Blom's question, City Manager Leung confirmed that the whole
salary range coincides with the COLA increase that is tied to PMA and is separate from a merit
increase.
Councilmember Blom suggested a 3% merit bonus increase yearly.
Motion by Councilmember Blom, seconded by Mayor Pro Tem Kleiman, to 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
amended Employment Agreement Between the City of Newport Beach and David Miner for Police
Chief Services, including the amendments suggested by Mayor Pro Tem Kleiman and adding the
3% annual merit bonus.
At Councilmember Grant's request, City Attorney Harp reviewed the two options for how to handle
the bonus: 1) for a base pay annual increase of 3% up to the maximum of the salary schedule which
is PERS-able; or 2) a 3% bonus of the base salary that is paid independent of a performance
evaluation and is not PERS-able.
Councilmember Blom indicated that his intent is to ensure there is a merit bonus piece in the Police
Chiefs agreement that is attributed to his performance and expressed concern regarding the current
salary range which is derived from an outdated compensation survey.
In response to Councilmember Barto's question, City Manager Leung stated that the 3% increase
will be outside of the salary range.
In response to City Manager Leung's question, Councilmember Blom indicated that he envisions
that the bonus would be a one-time lump payment at the end of the year once the contract is fulfilled.
Councilmember Weigand asked what the disqualifier would be. Councilmember Blom stated that
right now there is no bonus locked in and this amendment will be adding a floor to the bonus.
Councilmember Barto suggested that the draft language be brought back at the February 25, 2025
City Council meeting.
City Attorney Harp stated that Council can approve the item and then bring back an amendment
to the contract. Councilmember Weigand asked about retroactive pay to the contract. City Attorney
Harp indicated that there is time for the bonus discussion to return to Council since it would not be
paid until a year from now.
City Manager Leung thought it was best to approve the bulk of the agreement now, so it is in place
for the next pay period.
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Substitute motion by Councilmember Grant, seconded by Councilmember Barto, tc
bring back language regarding the bonus structure at the February 25, 2025 City Council meeting.
With Mayor Pro Tem Kleiman, Councilmember Blom, and Councilmember Weber voting
"no," the motion carried 4-3.
Motion by Mayor Pro Tem Kleiman, seconded by Councilmember Blom, to 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, including the amendments suggested by Mayor Pro Tem Kleiman.
The motion carried unanimously.
XIII. MOTION FOR RECONSIDERATION - None
X L ADJOURNMENT - 4:54 p.m.
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive, Newport
Beach, on February 6, 2025, at 4:00 p.m.
C
Leilani I. Brown I
City Clerk (CU43
Joe St leto
Mayor
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