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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA DECEMBER 9, 2025 COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING - 5 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 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 December 9, 2025 Page 2 I. ROLL CALL - 5:00 p.m. INVOCATION Mayor Stapleton PLEDGE OF ALLEGIANCE II. PRESENTATIONS • Proclamation Honoring the Corona Del Mar "3rd Thursdays" Volunteers • Proclamation Honoring Grace Leung on Occasion of her Retirement and her Dedicated Years of Service for the City of Newport Beach • Proclamation Honoring Tom Johnson for his Contributions to the City • Mt Rushmore of Newport Beach presented by Bill Lobdell and Tom Johnson. 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. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES III. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Consider conducting a Study Session to evaluate investment options for the City's surplus revenues or other funds, including whether amounts currently contributed to CalPERS above the required minimum should be redirected into alternative investments. The Study Session would include presentations from independent subject -matter experts in public -sector investment strategies and institutional asset management (Councilmembers Erik Weigand and Sara Weber.) City Council Meeting December 9, 2025 Page 3 PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 -18). 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. IV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 18, 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. ORDINANCES FOR ADOPTION 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; and 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. City Council Meeting December 9, 2025 Page 4 4. Ordinance No. 2025-36 Approving the MacArthur Court Development Agreement a) Find the adoption of the ordinance is not subject to further environmental review pursuant to Section 21083.3 of the California Public Resources Code (PRC) and Section 15183 of the California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it is consistent with the previously certified Program Environmental Impact Report (SCH No. 2023060699); and b) Conduct second reading and adopt 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). 5. Resolution No. 2025-84: Adopting a Memorandum of Understanding Between the City of Newport Beach and the Newport Beach City Employees Association and Amending the Salary Schedule; and Resolution No. 2025-85: Approving a Revised Salary Schedule for the Part Time Employees Association of Newport Beach 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 2025-84: 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 City Employees Association and Amending the Salary Schedule; c) Adopt Resolution 2025-85: A Resolution of the City Council of the City of Newport Beach, California, Approving a Revised Salary Schedule for the Part Time Employees Association of Newport Beach; d) Approve Budget Amendment No. 26-041, appropriating $523,605.04 in increased expenditures in various City division salary and benefit accounts from the General Fund and the Water Enterprise Fund to fund the agreement with the Newport Beach City Employees Association; and e) Approve Budget Amendment No. 26-044, appropriating $45,642.61 in increased expenditures in various City division salary and benefit accounts from the General Fund to fund positions in the Part -Time Employees Association of Newport Beach. City Council Meeting December 9, 2025 Page 5 6. Resolution No. 2025-86: Setting City Council Regular Meeting Dates for Calendar Year 2026 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. 2025-86, A Resolution of the City Council of the City of Newport Beach, California, Setting the Time and Dates of City Council Regular Meetings for Calendar Year 2026. CONTRACTS AND AGREEMENTS 7. Amendment No. One to On -Call Service Agreements with GCI Construction, Inc. and T.E. Roberts, Inc.for Water, Wastewater and Storm Drain Services 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 execute Amendment No. One to the On -Call Maintenance and Repair Services Agreement with GCI Construction, Inc. to increase the agreement amount by $1,000,000, for a total not -to -exceed amount of $2,500,000; and c) Authorize the Mayor and City Clerk to execute Amendment No. One to the On -Call Maintenance and Repair Services Agreement with T.E Roberts, Inc. to increase the agreement amount by $1,000,000, for a total not -to -exceed amount of $2,500,000. 8. Award Services Agreement to Superior Pavement Markings for Street Striping and Sign Maintenance (Contract No. 9937-1) 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) Award On -Call Maintenance and Repair Services Agreement with Superior Pavement Markings, LLC for Roadway Sign and Striping Maintenance, Repair, and Installation for a total contract amount of $1,800,000 and five-year term and authorize the Mayor and City Clerk to execute the contract. City Council Meeting December 9, 2025 Page 6 9. Approval of Amendment No. Seven to Professional Services Agreement with Dokken Engineering for the West Coast Highway Intersection Improvements and Pedestrian Bridge - (Contract No. 8020-5) 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) Approve Amendment No. Seven to Professional Services Agreement with Dokken Engineering for Superior Avenue overcrossing and parking lot project final design and engineering services (Contract No. 8020-5) to extend the term of the agreement to December 31, 2027, and authorize the Mayor and City Clerk to execute the amendment. 10. Amendment No. Four to the Professional Services and Software License Agreement with Tyler Technologies, Inc. for the Land Management System (Contract No. 8399-1) 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) Authorize the Mayor and City Clerk to execute Amendment No. 4 to Professional Services and Software License Agreement with Tyler Technologies, Inc. for Land Management System for $933,181.21, for a total not -to -exceed amount of $2,074,194.29.(Contract No. 8399-1). 11. Amendment No. One to the Facilities Relocation Agreement with Southern California Edison 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. 26-043 appropriating $1,918,000 in new revenue and expenditures from Uptown Newport Jamboree, LLC. to Account No. 53401-561076 and Account No. 53402-941032; and a) Authorize the Mayor and City Clerk to Execute Amendment No. One to the Facilities Relocation Agreement with Southern California Edison for an increased not -to -exceed amount of $3,311,000. City Council Meeting December 9, 2025 Page 7 12. Amendment No. Two to Memorandum of Understanding Between the Cities of Costa Mesa and Newport Beach for the Costa Mesa Bridge Shelter 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) Authorize the Mayor and City Clerk to execute Amendment No. Two to the Memorandum of Understanding Between the City of Costa Mesa and the City of Newport Beach for the Costa Mesa Bridge Shelter. MISCELLANEOUS City Council Meeting December 9, 2025 Page 8 13. Organizational Restructuring and Changes to Budgeted Positions 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) Introduce Ordinance No. 2025-37, An Ordinance of the City Council of the City of Newport Beach, California, Amending Various Provisions of the Newport Beach Municipal Code to Reflect Organizational Restructuring to the City Attorney, Finance, Human Resources, and Public Works Departments; c) Adopt Resolution No.2025-87, A Resolution of the City Council of the City of Newport Beach, California, Amending Various Provisions of the Newport Beach City Council Policies to Reflect Organizational Restructuring to the City Attorney, Finance, Human Resources, and Public Works Departments; d) Adopt Resolution No.2025-88, A Resolution of the City Council of the City of Newport Beach, California, Approving a Revised Salary Schedule and New Classifications for the Key & Management Group; e) Approve the following changes to employee positions and assignments: (i) add one administrative services director and one municipal operations director; (ii) eliminate one finance director and one human resources director; (iii) convert one part-time human resources intern to one part-time human resources specialist; (iv) convert one public works crew chief to one management analyst; (v) convert two part-time library clerk II positions to two support services aides; (vi) reassign the positions/personnel as detailed in this staff report, including the transfer of 9.5 full-time equivalent Human Resources Department positions to the Administrative Services Department, 37.45 full-time equivalent Finance Department positions to the Administrative Services Department, 62.5 Public Works Department / Municipal Operations Division positions to the Municipal Operations Department, and three Human Resources positions to the City Attorney's Office; f) Approve the Job Descriptions for the administrative services director and municipal operations director in this staff report and authorize the administrative services director to approve new job descriptions consistent with the new positions and departmental changes approved by the City Council; g) Authorize the city manager, city attorney, administrative services director, and municipal operations director to execute amendments to existing agreements, as necessary, to implement the organizational changes described herein, including transferring (i) the administration of all agreements related to workers' compensation, insurance and risk management previously administered by the Human Resources Department to the City Attorney's Office; (ii) all remaining agreements entered into by the Human Resources Department to the Administrative Services Department; (iii) all agreements entered into by the Finance Department to the Administrative Services Department; and all agreements entered into by the City Council Meeting December 9, 2025 Page 9 Public Works Department that pertain to municipal operations to the new Municipal Operations Department; and h) Approve Budget Amendment No. 26-045, appropriating $14,856 in additional expenditures from the General Fund's unappropriated fund balance to fund the costs associated with the recommended position reclassifications. 14. Central Library Elevator Modernization - Notice of Completion of Contract No. 8939-1 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) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 15. Final Tract Map No. 19261 for a Residential Condominium Development Located at 1401 Quail Street 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) Review and approve the Subdivision Agreement for Final Tract Map No. 19261 pursuant to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the Subdivision Agreement; c) Review and approve the required construction securities for the Final Tract No. 19261 pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute and release the securities; and d) Review and approve the Final Tract Map No. 19261 located at 1401 Quail Street pursuant to Section 19.60.010 of the Municipal Code. 16. First Quarter Budget Update 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) Receive and file this report. City Council Meeting December 9, 2025 Page 10 17. Review of Proclamation of Local Emergency, Resolution No. 2025-75 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15269(c), 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) Review the continued need for the local emergency as required by Newport Beach Municipal Code Section 2.20.065 and, if emergency conditions remain, receive and file the report. 18. Planning Commission Agenda for the November 20, 2025, Meeting Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED ITEMS REMOVED FROM THE CONSENT CALENDAR V. CURRENT BUSINESS 19. Appointment 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) Appoint one of the nominated applicants, Bobby Barzi or Cory Glass, to fill the unscheduled vacancy on the City Arts Commission, with the term expiring June 30, 2029. PUBLIC COMMENTS REGARDING CITY COUNCIL REORGANIZATION Public comments are invited on City Council Reorganization. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. VI. CITY COUNCIL REORGANIZATION 20. Presentation of Gavel Plaque to Mayor Joe Stapleton 21. Election of Mayor The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor and conduct election by roll call vote; b) The new Mayor is announced by the City Clerk; and c) The Mayor takes his/her proper place at Council dais. City Council Meeting December 9, 2025 Page 11 22. Election of Mayor Pro Tem The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor Pro Tem and conduct election by roll call vote; b) The new Mayor Pro Tem is announced by the City Clerk; and c) The Mayor Pro Tem takes his/her proper place at Council dais. 23. Seating Arrangements for City Council Council decides on seating arrangement of Council dais (per City Council Policy A-1, members of the City Council shall be seated at the City Council table with senior Councilmembers having first choice of seats. The Mayor, however, shall be seated in the center of the City Council table and the Mayor Pro Tem shall be seated to the right of the Mayor. In the event of equal seniority among members of the City Council, selection of City Council seats shall be made by the Councilmember who received the highest margin of victory percentage in the most recent election). 24. Remarks New Mayor's remarks. VII. 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. Vill. ADJOURNMENT 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.