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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA NOVEMBER 18, 2025 COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION- 4:00 PM (PUBLIC WELCOME) REGULAR CITY COUNCIL MEETING FOLLOWING STUDY SESSION 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 LENA SHUMWAY, 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 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 at 100 Civic Center Drive or online at newportbeachca.gov/agendas. 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. The City of Newport Beach's goal is to fully comply with the Americans with Disabilities Act (ADA). If you require special assistance to participate in this meeting, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk staff prior to the meeting at 949-644-3005 or cityclerk@newportbeachca.gov so that reasonable accommodations can be made. City Council Meeting November 18, 2025 Page 2 I. ROLL CALL - 4:00 p.m. II. PRESENTATIONS • Proclamation Declaring November as Pancreatic Cancer Month • Proclamation Honoring Jeff Schulein • History of Christmas Boat Parade by Chris Delfs, Chairman of the Christmas Boat Parade III. STUDY SESSION SS1. Underground Utility Assessment Loan Program Receive a presentation and provide direction regarding the potential implementation of an Underground Utility Assessment Loan Program to assist property owners who experience significant financial hardship in paying assessment and private connection costs associated with the formation of future underground utility assessment districts. RECESS RECONVENE FOR REGULAR MEETING IV. ROLL CALL INVOCATION Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene PLEDGE OF ALLEGIANCE 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. V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES City Council Meeting November 18, 2025 Page 3 VI. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • As part of the City's update of the Municipal Code related to wireless communications, direct City staff to prepare amendments to the Municipal Code as well as associated policies and procedures to streamline the permitting and deployment of wireless communication facilities. Staff's updates and recommendations should include, but not be limited to, simplifying the permitting process for wireless facilities on both public and private property; establishing clear, predictable, and expedited review timelines; implementing standardized application requirements and processes; and reducing carrier costs associated with deploying wireless facilities. (Mayor Pro Tern Kleiman) 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. VII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 28, 2025, and November 4, 2025, City Council Meetings 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 November 18, 2025 Page 4 3. Ordinance No. 2025-35: Repealing and Replacing Chapter 12.56 (Bicycles - Registration and Regulations) of the Newport Beach Municipal Code - 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; b) Conduct a second reading and adopt Ordinance No. 2025-35, An Ordinance of the City Council of the City of Newport Beach, California, Repealing and Replacing Chapter 12.56 (Bicycles - Registration and Regulations) of the Newport Beach Municipal Code. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2025-79: Approval of Measure M2 Expenditure Report 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 2025-79, A Resolution of the City Council of the City of Newport Beach, California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for Fiscal Year 2024-25. CONTRACTS AND AGREEMENTS 5. Acceptance of Cooperative Agreement C-5-4013 With Orange County Transportation Authority Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program for the OASIS Transportation Program 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 $217,800 Orange County Transportation Authority Enhanced Mobility for Seniors and Individuals with Disabilities grant and sign and execute the Cooperative Agreement No. C-5-4013 and subsequent related documents as may be related to the reimbursement of the cost for vehicles for the OASIS Transportation Program; and c) Approve Budget Amendment No. 26-026 to record and appropriate $217,800 in grant revenue from the Orange County Transportation Authority to OASIS Transportation Grants account 0107033-431455-G2601, and in expenditure appropriations to OASIS Transportation - Equipment NOC account 0107033- 911024-G2601. City Council Meeting November 18, 2025 Page 5 6. Amendment No. Two to the Professional Services Agreement with Schmitz & 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) Authorize the Mayor and City Clerk to enter into an Amendment No. Two to On -Call Professional Services Agreement with Schmitz & Associates for Advisor and Advocate Services for City Applications Before the California Coastal Commission with an amount not -to-exceed $240,000; and c) Waive the standard bidding requirements provided by City Council Policy F-14 and approve a single source award of the agreement to Schmitz & Associates. 7. Approval of Purchase Agreement with Model 1 Commercial Vehicles, Inc. for Six New Trolley Vehicles for the Balboa Island/Corona del Mar Local Area Transit Service 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 Budget Amendment No. 26-039 to appropriate $2,624,060 in new revenue and expenditures from OCTA to Account Nos. 1230053-431150-26T14 and 1230053-980000-26T14, respectively, and to appropriate $1,012,521.14 in additional expenditures to Account No. 01201938-980000-26T14, funded by the General Fund Capital Improvement Program reserves and the Equipment Maintenance Internal Service Fund reserves; and c) Approve a Purchase Agreement with Model 1 Commercial Vehicles, Inc. DBA Creative Bus Sales, Inc. for a total not -to -exceed amount of $2,321,340.24, for six new trolley vehicles and authorize the Mayor and City Clerk to execute the agreement. 8. Approval of Master Agreement for Kanopy, Inc. to Procure Digital Video Content 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 Master Agreement with Kanopy, Inc. for a not to exceed $75,000 annually through June 30, 2030, and to authorize the Mayor and City Clerk to execute the agreement. City Council Meeting November 18, 2025 Page 6 9. Concrete Replacement Program Fiscal Year 2025-26 - Award of Contract No. 9945-1 (26R06) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 9945-1 to CJ Concrete Construction, Inc. for the total bid price of $815,010 for the Concrete Replacement Program Fiscal Year 2025-26 project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $160,000 (approximately 20% of the total bid) to cover the cost of unforeseen work not included in the original contract. 10. Fire Station No.2 HVAC Retrofit - Award of Contract No. 9959-1 (25R02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 9959-1 to MEP Fusion, Inc. for the total bid price of $126,000 for the Fire Station No.2 HVAC Retrofit project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $19,000 (approximately 15% of total bid) to cover the cost of unforeseen work not included in the original contract. 11. Lease Agreement with Harbor Island Community Association for Use of Tidelands Property for the Harbor Island Bridge a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines because it has no potential to have a significant effect on the environment; b) Authorize the City Manager and City Clerk to execute the Lease Agreement By and Between the City of Newport Beach and Harbor Island Community Association for the Harbor Island Bridge, in a form substantially similar to the agreement attached to the staff report; and c) 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 conducting an open bid process or converting the property to another use would result in vacancy and other expenses that would outweigh other financial benefits to the City, and that the use promotes the City's goals to provide essential or unique services to the community. City Council Meeting November 18, 2025 Page 7 12. Cooperative Agreement with Orange County Transportation Authority 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 Mayor and City Clerk to enter into a Cooperative Agreement between the Orange County Transportation Authority and the City of Newport Beach in a form substantially similar to the agreement attached to the staff report; and c) Approve Budget Amendment No. 26-042 appropriating $250,000 in increased expenditures from the General Fund unappropriated fund balance. 13. Tentative Agreement with the Newport Beach City Employees 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) Receive and consider the Tentative Agreement between the City of Newport Beach and the Newport Beach City Employees Association. MISCELLANEOUS 14. Annual Reports on Development Impact Fees and Development Agreements 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, review and file the annual reports on development impact fees and development agreements. 15. Confirmation of Nominations to Fill an Unscheduled Vacancy on the City Arts Commission 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 the nominations of Bobby Barzi and Cory Glass to fill the unscheduled vacancy on the City Arts Commission for the term ending June 30, 2029. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED ITEMS REMOVED FROM THE CONSENT CALENDAR City Council Meeting November 18, 2025 Page 8 XIII. PUBLIC HEARINGS 16. Ordinance No. 2025-36 and Resolution No. 2025-80 Approving the MacArthur Court Development Agreement and Affordable Housing Implementation Plan (PA2025-0090) a) Conduct a public hearing; b) Find this project is not subject to further environmental review pursuant to Section 21083.3 of the California Public Resources Code (PRC) and Section 15183 of the CEQA Guidelines because the project is consistent with the previously certified Program Environmental Impact Report (SCH No. 2023060699); c) Introduce Ordinance No. 2025-36, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the MacArthur Court Project located at 4665, 4675, 4680, 4685 and 4695 MacArthur Court, and 4770 Campus Drive (PA2025-0090), and pass to second reading on December 9, 2025; and d) Adopt Resolution No. 2025-80, A Resolution of the City Council of the City of Newport Beach, California, Approving an Affordable Housing Implementation Plan for the MacArthur Court Project Located at 4665, 4675, 4680, 4685 and 4695 MacArthur Court, and 4770 Campus Drive (PA2025-0090). XIV. CURRENT BUSINESS City Council Meeting November 18, 2025 Page 9 17. Certification of Responsible Housing Initiative Petition and Consideration of Council Action Options a) Determine that the action is exempt from the California Environmental Quality Act CEQA) pursuant to Sections 15060(c)(1), (2) and (3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Authorize City staff to prepare and execute a budget amendment, as needed, to implement the City Council's selected course of action and to appropriate sufficient funds to cover associated costs based on the option approved by the City Council; c) Accept the certification of the Orange County Registrar of Voters as to the verification of signatures of the Responsible Housing Initiative; and d) Take one of the following actions: (i) Order a Report Pursuant to California Elections Code Section 9215. Determine the desired scope of a report under California Elections Code Section 9212 and adopt A Resolution Ordering a Report Pursuant to California Elections Code Section 9212 Regarding an Initiative Measure to Amend the Land Use Element of the City's General Plan; or (ii) Adopt the Initiative Without Alteration. Adopt the initiative as submitted by the proponents, without amendment, by adopting A Resolution Adopting the Responsible Housing Initiative Pursuant to California Elections Code Section 9215, as Submitted by the Newport Beach Stewardship Association, Without Amendment; or (iii) Call a Special Municipal Election. By motion, decide whether to submit an argument against the proposed initiative (pursuant to Elections Code Section 9282) and, if submitting such an argument, designate the authors; and then adopt the following Resolutions: (1) A Resolution Calling for and Giving Notice of a Special Municipal Election to be held on , 2026, to Submit to the Voters an Initiative Measure Proposing to Amend the Land Use Element of the City's General Plan, and Requesting the Orange County Board of Supervisors Authorize the County Elections Official to Render Services Relating to the Conduct of a Special Municipal Election; (2) A Resolution Directing the City Attorney to Prepare an Impartial Analysis of an Initiative Measure to Be Submitted to the Voters at the Special Municipal Election to be Held on , 2026, and Providing for the Deadlines for Filing of the Impartial Analysis and Written Arguments For and Against the Initiative Measure; and (3) A Resolution Setting the Deadlines for Filing of Rebuttal Arguments in Response to Direct Arguments Filed For and Against the Initiative Measure to be Submitted to the Voters at the Special Municipal Election to be held on 2026; or (iv) Call a General Municipal Election. By motion, decide whether to submit an argument against the proposed initiative (pursuant to Elections Code Section 9282) City Council Meeting November 18, 2025 Page 10 and, if submitting such an argument, designate the authors; and then adopt the following Resolutions: (1) A Resolution Calling for and Giving Notice of a General Municipal Election to be Held on November 3, 2026, to Submit to the Voters an Initiative Measure Proposing to Amend the Land Use Element of the City's General Plan, and Requesting the Orange County Board of Supervisors Consolidate the General Municipal Election with the Statewide General Election to be Held on the Same Date; (2) A Resolution Directing the City Attorney to Prepare an Impartial Analysis of an Initiative Measure to Be Submitted to the Voters at the General Municipal Election to be Held on November 3, 2026, and Providing for the Deadlines for Filing the Impartial Analysis and Written Arguments For and Against the Initiative Measure; and (3) A Resolution Setting the Deadlines for Filing of Rebuttal Arguments in Response to Direct Arguments Filed For and Against the Initiative Measure to be Submitted to the Voters at the General Municipal Election to be Held on November 3, 2026. X. 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. PUBLIC COMMENTS ON CLOSED SESSION XI. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter. Property: 3848 Campus Drive, Newport Beach, CA 92660 (APN 427-151-08). City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Whitlinger, Real Property Administrator. Negotiating Parties: John Saunders on behalf of 3848 Campus Drive LP. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Abdelfattah Seifeldin et al. v. City of Newport Beach Orange County Superior Case No. 30-2023-01340928-CU-PA-CJC CLOSED SESSION REPORT XII. ADJOURNMENT City Council Meeting November 18, 2025 Page 11 Written Comments Received on Agenda and Non -Agenda Items 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.