Newport Beach — 2025-02-12

1. Minutes for the January 28, 2025 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10.\na) Determine that the action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause it will not result in a physical change to the environment, directly or indirectly;\nand\nb) Confirm Councilmember Michelle Barto’s appointment of William Kenney, Jr. and\nCouncilmember Noah Blom’s appointment of Kory Kramer to serve on the Finance\nCommittee until June 30, 2025.\nStaff Report\nAttachment A - Applications\nFinancial Statement Audit Results and Related Communication for the Fiscal\nYear Ended June 30, 2024

11.\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Receive and file.\nStaff Report\nAttachment A - Financial Report\nAttachment B - Auditor's Communications\nAttachment C - Auditor’s Report\nAcceptance of the National Highway Traffic Safety Administration (NHTSA)\nIllegal Passing of Stopped School Buses-High Visibility Enforcement Pilot\nProject

12.\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Accept a $57,800 NHTSA Illegal Passing of School Buses-High Visibility\nEnforcement Pilot Project award granted to the Newport Beach Police Department\nby Toxcell LLC; and\nc) Approve Budget Amendment No. 25-052 increasing NBPD revenue estimates\nand expenditure appropriations by $57,800.\nStaff Report\nAttachment A - Budget Amendment\nAttachment B - NHTSA Grant Agreement

13.\nOrdinance No. 2025-1: Granting Non-Exclusive Commercial Solid Waste\nFranchise Agreements\na) Conduct a public hearing to consider the award of Non-Exclusive Commercial\nSolid Waste Franchises pursuant to Resolution No. 2025-6;\nb) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nc) Waive full reading, direct the City Clerk to read by title only, and introduce\nOrdinance No. 2025-1, An Ordinance of the City Council of the City of Newport\nBeach, California, Granting Non-Exclusive Franchise Agreements for Commercial\nSolid Waste and Divertible Materials Handling Services Within the City of Newport\nBeach, and pass to second reading on February 25, 2025.\nStaff Report\nAttachment A - Resolution No. 2025-6\nAttachment B - Ordinance No. 2025-1\nResolution No. 2025-8: Amending the Schedule of Rents, Fines and Fees to\nProvide a Pass-through of Credit Card Transaction Fee Charged by Third\nParties Directly to the Consumer

14.\na) Conduct a public hearing;\nb) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nc) Adopt Resolution No. 2025-8, A Resolution of the City Council of the City of\nNewport Beach, California, Amending the Schedule of Rents, Fines and Fees to\nProvide a Pass-Through of Credit Card Transaction Fee Charged by Third Parties\nDirectly to the Consumer.\nStaff Report\nAttachment A - Resolution No. 2025-8\nAttachment B - Exhibit 1 to Resolution\nResolution No. 2025-9: Approving a Request to Waive City Council Policy\nL-2, Driveway Approaches, and a Coastal Development Permit for a Duplex\nat 3601 Lake Avenue

15.\na) Conduct a public hearing;\nb) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15303 of the CEQA Guidelines, California Code of Regulations,\nTitle 14, Chapter 3, under Class 3 (New Construction or Conversion of Small\nStructures), because it has no potential to have a significant effect on the\nenvironment; and\nc) Adopt Resolution No. 2025-9, A Resolution of the City Council of the City of\nNewport Beach, California, Waiving City Council Policy L-2 (Driveway\nApproaches) and Approving a Coastal Development Permit to Demolish an\nExisting Single-Unit Dwelling and Construct a New Duplex Located at 3601 Lake\nAvenue (PA2024-0105).\nStaff Report\nAttachment A - Resolution No. 2025-9 and Findings\nAttachment B - City Council Policy L-2\nAttachment C - Applicant Request\nAttachment D - Project Plans

16. \nEmployment Agreement City of Newport Beach Police Chief\na) Determine that the action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause it will not result in a physical change to the environment, directly or indirectly;\nand\nb) Authorize the City Manager to Execute an Employment Agreement Between the\nCity of Newport Beach and David Miner for Police Chief Services.\nStaff Report\nAttachment A - Employment Agreement

2. Reading of Ordinances\nWaive reading in full of all ordinances under consideration, and direct the City Clerk\nto read by title only.\nRESOLUTION FOR ADOPTION\nResolution No. 2025-7: Creating the Community Development Block Grant\nAd Hoc Advisory Committee

3.\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Adopt Resolution No. 2025-7, A Resolution of the City Council of the City of\nNewport Beach, California, Creating the Community Development Block Grant Ad\nHoc Advisory Committee; and\nc) Confirm the appointments of Mayor Pro Tem Lauren Kleiman and\nCouncilmember Sara J. Weber to serve on the Community Development Block\nGrant Ad Hoc Advisory Committee.\nStaff Report\nAttachment A - Resolution No. 2025-7\nCONTRACTS AND AGREEMENTS\nEast Coast Highway and San Miguel Drive Pavement Rehabilitation and\nEvening Canyon Road Drainage Improvements - Notice of Completion for\nContract No. 8925-2 (23R11)

4.\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project.\nStaff Report\nAttachment A - East Coast Hwy and San Miguel Drive Location Map\nAttachment B - Evening Canyon Road Location Map\nSlurry Seal Program (Fiscal Year 2022-23 and Fiscal Year 2023-24) - Notice of\nCompletion for Contract No. 9380-1 (24R04)

5.\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project.\nStaff Report\nAttachment A - Location Map\nApproval of On-Call Maintenance and Repair Services Agreement for\nPortable Toilet Services with United Site Services of California, Inc.

6.\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Approve a Maintenance and Repair Services Agreement with United Site\nServices of California, Inc. for on-call portable toilet services for a five-year term and\ntotal not-to-exceed amount of $200,000; and\nc) Authorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement\nAmendment to Professional Services Agreement with Arts Orange County\nfor Sculpture Exhibition Project Management Extension

7.\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Approve Amendment No. Two to the Professional Services Agreement with Arts\nOrange County for Sculpture Exhibition - Phase VIII, which extends the term of the\nagreement to September 1, 2026, and increases the contract amount by $7,500,\nand authorize the Mayor and City Clerk to execute the agreement; and\nc) Approve Amendment No. One to the Professional Services Agreement with Arts\nOrange County for Sculpture Exhibition - Phase IX, which extends the term of the\nagreement to October 1, 2027, and increases the contract amount by $7,500, and\nauthorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Amendment No. Two to PSA\nAttachment B - Amendment No. One to PSA

8. Proposal to Reduce Flashy Fuels and Restore Habitat in Buck Gully Reserve\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Sections 15304 (Class 4 - Minor Alterations to Land) and 15308 (Class\n8 - Actions Taken by Regulatory Agencies for Protection of the Environment) of the\nCEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,\nbecause it has no potential to have a significant effect on the environment;\nb) Approve Budget Amendment No. 25-053 transferring $425,055 from the\nunappropriated General Fund balance to the General Fund CIP and appropriating it\ninto Account No. 01201928-911047-BGFRR; and\nc) Authorize the City Manager to execute a contract that is acceptable to the City\nAttorney with Irvine Ranch Conservancy in the amount of $425,055 to reduce flashy\nfuels and restore habitat in Buck Gully.\nStaff Report\nAttachment A - Proposal\nAttachment B - Budget Amendment\nMISCELLANEOUS\nConfirmation of Nominations to Fill the Vacancy on the Planning\nCommission

9.\na) Determine that the action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause it will not result in a physical change to the environment, directly or indirectly;\nand\nb) Confirm the nominations of Greg Reed, Loren Smith, and Drew Teicheira to fill\nthe vacancy on the Planning Commission.\nStaff Report\nAttachmet A - Applications\nConfirmation of Councilmember Michelle Barto’s and Councilmember Noah\nBlom’s Citizen Appointments to the Finance Committee