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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA SEPTEMBER 23, 2025 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 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 September 23, 2025 Page 2 ROLL CALL - 4:00 p.m. INVOCATION - Imam Mandi al-Qazwini - Islamic Educational Center of Orange County III. PLEDGE OF ALLEGIANCE IV. PRESENTATIONS • Friends of the Library Check Presentation • Proclaiming September 2025 as National Service Dog Month • Newport Bay Conservancy Proclamation • Bonita Canyon HOA Fire Wise Proclamation • History of Saving Our Upper Newport Bay by Heather Cieslak V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES VI. 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. VII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) Considering creating a City Council Ad Hoc Committee to evaluate potential sites and assess the feasibility, cost and design of developing a new Police Station headquarters (Submitted by Mayor Stapleton). Vill. CONSENT CALENDAR IX. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 20). 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. READING OF MINUTES AND ORDINANCES 1. Minutes for the September 9, 2025, Regular City Council Meeting Waive reading of subject minutes, approve as written, and order filed. City Council Meeting September 23, 2025 Page 3 2. Reading of Ordinances Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only. M1�01 V 111►/_1►IN=92107M1►111:101big1"11010 3. Ordinance No. 2025-26: Adding Chapter 6.30 Prohibition of Sale and Distribution of Flavored Tobacco Products 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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025- 26, An Ordinance of the City Council of Newport Beach, California, Amending Chapter 6.25 (Regulation of Smoking in Public Areas) and Adding Chapter 6.30 (Prohibition of Sale and Distribution of Flavored Tobacco Products) to Title 6 (Health and Sanitation) of the Newport Beach Municipal Code, Relating to Smoking and Tobacco Sales and pass to a second reading on October 14, 2025. 4. Ordinance No. 2025-27: Adding Chapter 6.40 Prohibition of Sale, Distribution and Use of Nitrous Oxide 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, introduce Ordinance No. 2025- 27, An Ordinance of the City Council of Newport Beach, California, Adding Chapter 6.40 (Prohibition of Sale, Distribution, and Use of Nitrous Oxide) to Title 6 (Health and Sanitation) of the Newport Beach Municipal Code, Relating to Nitrous Oxide Sales and pass to a second reading on October 14, 2025. 5. Ordinance No. 2025-28: Amending Subsection B of Section 10.04.010 of Chapter 10.04 to define Possession of an Open Container 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) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2025-28: An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 10.04.010 (Drinking in Public) of Chapter 10.04 (Intoxicating Liquor) of the Newport Beach Municipal Code related to the Possession of Alcoholic Beverages and pass to a second reading on October 14, 2025. 6. Ordinance No. 2025-29: Adding Section 11.04.085 (Prohibiting the Use of Electric Bicycles and similar devices on the Newport Elementary School Playground) and Amending Section 11.04.130 (Exemption) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code 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. 2025-29, An Ordinance of the City Council of the City of Newport Beach, California, Adding Section 11.04.085 (Prohibiting the Use of Electric Bicycles and Similar Devices on the Newport Elementary School Playground) and Amending Section 11.04.130 (Exemption) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code and pass to a second reading on October 14, 2025. City Council Meeting September 23, 2025 Page 4 7. Ordinance No. 2025-30: Amending Section 2.12.110 of Chapter 2.12 (Administrative Departments) of the Newport Beach Municipal Code to Include Education and Enforcement Related Provisions as a Function of the Recreation & Senior Services 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) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2025-30: An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 2.12.110 of Chapter 2.12 (Administrative Departments) of the Newport Beach Municipal Code to Include Education and Enforcement Related Provisions as a Function of the Recreation and Senior Services Department and pass to a second reading on October 14, 2025. XII. ORDINANCES FOR ADOPTION 8. Ordinance No. 2025-22: Amending Chapter 10.08 (Use of Public Property and Interference with Public Access) of the Newport Beach Municipal Code to Add Provisions Related to the Protection of Pedestrians, Vehicle Traffic and Landscaping - Second Reading 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. 2025-22, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 10.08.005 (Definitions) and Adding Section 10.08.012 (Safe Use of Medians) to Chapter 10.08 (Use of Public Property and Interference with Public Access) to Title 10 (Offenses and Nuisances) of the Newport Beach Municipal Code, Relating to the Protection of Pedestrians, Vehicle Traffic and Landscaping. 9. Ordinance Nos. 2025-23, 2025-24, and 2025-25: Adoption of the 2025 California Building Standards Codes with Local Amendments, the 2025 California Fire Code with Local Amendments, and the 2025 California Wildland-Urban Interface with Local Amendments a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resource Code and Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; b) Conduct second reading and adopt Ordinance No. 2025-23, An Ordinance of the City Council of the City Of Newport Beach, California, Amending Title 15 (Building And Construction) of the Newport Beach Municipal Code to Adopt Chapter 1, Division 11, of the 2025 Edition of the California Building Code; the 2024 Edition of the International Property Maintenance Code and Swimming Pool and Spa Code; the 2025 Edition of the California Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Green Building Standards Code, Historical Code, Existing Building Code, and Energy Code; and to Amend Portions of Chapter 15.50 (Floodplain Management), with Local Amendments; c) Conduct second reading and adopt Ordinance No. 2025-24, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the 2025 Edition of the California Fire Code, with Local Amendments; and d) Conduct second reading and adopt Ordinance No. 2025-25, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 9.07 (Wildland Urban Interface Code) to Title 9 of the Newport Beach Municipal Code to Adopt the 2025 Edition of the California Wildland Urban Interface Code, with Local Amendments. City Council Meeting September 23, 2025 Page 5 XIII. RESOLUTIONS FOR ADOPTION 10. Resolution No. 2025-61: Approving a Side Letter Agreement with the Newport Beach Fire Management Association 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. 2025-61, A Resolution of the City Council of the City of Newport Beach, California, Approving a Side Letter of Agreement Between the City of Newport Beach and the Newport Beach Fire Management Association Related to Residency Requirements and Consecutive Shifts. 11. Resolution No. 2025-62: Authorizing Use of the Official Seal in Partnership with Hoag Memorial Hospital Presbyterian to Wrap a City Fire Department Ambulance with Pinktober Wrap in Support of Breast Cancer Awareness Month 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. 2025-62, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Use of the City's Official Seal as Part of a Collaboration with Hoag Hospital to Wrap a City Fire Department Ambulance with Pinktober Wrap in Support of Breast Cancer Awareness Month. 12. Resolution No. 2025-63: Approving a Side Letter Agreement with the Newport Beach City Employees Association Related to CalPERS Pension Deductions 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. 2025-63, A Resolution of the City Council of the City of Newport Beach, California, Approving A Side Letter of Agreement between the City of Newport Beach and the Newport Beach City Employees Association Related to CalPERS Pension Deductions, and c) Approve Budget Amendment No. 26-027 to appropriate $283,181.03 in increased expenditures to various City division benefit accounts, funded from unappropriated balances of the General Fund and the Water Enterprise Fund. XIV. CONTRACTS AND AGREEMENTS 13. Professional Services Agreement with Planeteria Media LLC for a Redesign of the City's Website, Content Management System and Hosting 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 the professional services agreement with Planeteria Media LLC of Santa Rosa, CA for a redesign of the city's official websites and hosting services for an initial, approximately two-year term, ending October 1, 2027, with three additional one-year extensions and a total not to exceed amount of $151,300, and authorize the Mayor and City Clerk to execute the agreement; and c) Approve Budget Amendment No. 26-030 appropriating $151,300 in increased expenditures in the IT Replacement Fund, Account No. 7657650-911027-ITCMS from the IT Replacement Fund's unappropriated fund balance. 14. Award of Lifeguard Rescue Vessel Refurbishment 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) Award the Lifeguard Rescue Vessel Refurbishment Project to South Coast Shipyard Inc. for the total base bid amount of $466,020, plus Optional Bid Items No. 1 and No. 2, for a total award amount of $646,020; City Council Meeting September 23, 2025 Page 6 c) Establish a contingency of $46,600 (approximately 10% of the Base Bid amount) to cover the cost of any unforeseen work that may be required during the refurbishment process; d) Approve an agreement on a form approved by the City Attorney to provide a complete refurbishment and repower of Sewatch III, including the purchase and installation of replacement powertrains on Seawatch I and 11; and e) Authorize the City Manager and City Clerk to execute the agreement. 15. Professional Services Agreements for On -Call Professional and Technical Environmental Services with Dudek, LSA Associates, Placeworks, and Kimley-Horn and Associates 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 Dudek, with a not -to -exceed amount of $75,000, 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 LSA Associates, with a not -to-exceed amount of $75,000, 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 Placeworks, with a not -to -exceed amount of $75,000, 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 Amendment One to the professional services agreement with Kimley-Horn and Associates, Inc. to extend the term with a not -to -exceed amount of $120,000, in a form substantially similar to the agreement attached to the staff report. 16. Revocable License Agreement with Farm and Craft Market Inc. for Temporary Use of City Property for the Corona del Mar Farmers' Market 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 waiver of City Council Policy F-7 - Income and Other Property based on the findings contained in this staff report and the Agreement, that charging less than fair market rent promotes the City's goals to provide essential or unique services to the community, that cannot otherwise be provided if full market rates were charged; and c) Authorize the City Manager and City Clerk to execute the Revocable License Agreement between the City of Newport Beach and Farm and Craft Market Inc., for temporary use of the City property for the Corona del Mar Community Market, in a form substantially similar to the agreement attached to the staff report. 17. Approval of Amendment No. One to Maintenance and Repair Services Agreement for Landscape Services for Parks and Facilities with Merchants Landscape Services, Inc. (Contract No. 8772-1) 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 Maintenance and Repair Services Agreement with Merchants Landscape Services, Inc. for Landscape Services for Parks and Facilities to increase the on -call portion of the contract by $1,300,000 for a new on -call not -to -exceed amount of $4,300,000 and a total not -to -exceed amount of $14,450,000 and authorize the Mayor and City Clerk to sign the amendment. XV. MISCELLANEOUS 18. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library and Appropriate Funds to the Library's Fiscal Year 2025-26 Maintenance and Operation 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 City Council Meeting September 23, 2025 Page 7 b) Accept a check in the amount of $250,000 from the Friends of the Newport Beach Library and approve Budget Amendment No. 26-025 to increase expenditures by the same amount in Division 0106052. 19. Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement Program Grant PT26058 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) Authorize the City Council to accept a $515,000 Selective Traffic Enforcement Program award granted to the Newport Beach Police Department by the State of California, Office of Traffic Safety; and c) Approve Budget Amendment 26-028 increasing NBPD revenue estimates and expenditure appropriations by $515,000. 20. Planning Commission Agenda for the September 18, 2025, Meeting Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. PUBLIC HEARINGS 21. Community Development Block Grant Program Year 2024-25,Consolidated Annual Performance and Evaluation Report a) Hold a public hearing to receive comments on the Program Year 2024-25 CAPER; b) Find this activity exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; c) Approve the Program Year 2024-25 CAPER; and d) Authorize the City Manager or her designee to submit the Program Year 2024-25 CAPER to HUD. 22. Relocation Plan for Tenants at 301 East Balboa Boulevard a) Hold a public hearing; b) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this action will not result in a physical change to the environment, directly or indirectly; and c) Approve the Relocation Plan for the property at 301 East Balboa Boulevard, Newport Beach, California, 92661, dated June 20, 2025, prepared by Overland, Pacific and Cutler, LLC, a TranSystems company, conforming to the requirements of California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development as in Title 25, California Code of Regulations Section 6000, et seq., and AB 1482. City Council Meeting September 23, 2025 Page 8 XVIII. CURRENT BUSINESS 23. Initiation of Zoning Code and Local Coastal Program Amendments Related to Smoke Shops, Smoking Lounges, and Other Tobacco -Related Businesses and Establishing a Temporary Moratorium of Tobacco Retailer Businesses a) Determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262, Section 15060(c)(2), Section 15060(c)(3), Section 15305, and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; b) Adopt Ordinance No. 2025-31, An Urgency Ordinance of the City Council of the City of Newport Beach, California, Establishing a Temporary Moratorium on the Establishment and Operation of New Tobacco Retailer Businesses and the Relocation or Physical Expansion of Existing Tobacco Retailer Businesses, Also Known as Smoke Shops; and c) Adopt Resolution No. 2025-64, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Pertaining to Smoke Shops, Smoking Lounges, and Other Tobacco -Related Businesses (PA2025-0171). XIX. 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. XX. ADJOURNMENT IN MEMORIAM — CHARLIE KIRK 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.