Agenda packet — Newport Beach City Council, May 13, 2025

JOE STAPLETON, Mayor
LAUREN KLEIMAN, Mayor Pro Tem
MICHELLE BARTO, Councilmember
ROBYN GRANT, Councilmember
NOAH BLOM, Councilmember
SARA J. WEBER, Councilmember
ERIK WEIGAND, Councilmember
GRACE LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI BROWN , City Clerk

CITY OF NEWPORT BEACH

CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
REGULAR MEETING - 4:30 P.M.

CLOSED SESSION - FOLLOWS MOTION FOR RECONSIDERATION
MAY 13, 2025

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. Copies of the staff reports and supporting materials are on file with the City Clerk and are available for public inspection and copying at the City Clerk ’s Office or online at newportbeachca.gov/agendas. For questions or to request copies of any staff reports or other documentation related to items on this agenda, please contact the City Clerk’s Office 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. 1
May 13, 2025

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City Council Meeting
I. ROLL CALL - 4:00 p.m.

II. CURRENT BUSINESS
Clarification of Items on the Consent CalendarSS1.

Presentation from the Lion’s Heart Boys Group - Corona del Mar ChapterSS2.

Proclamation Recognizing National Public Works WeekSS3.

Expansion of City Trolley ConceptSS4.

City staff will present a draft concept to expand the City ’s summer trolley service into the Corona del Mar, Newport Center and Balboa Island areas for review and discussion. At the conclusion of the Study Session, staff will seek City Council ’s general direction and guidance on how to proceed with the trolley service expansion concept.

On the Agenda
III. PUBLIC COMMENTS
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.

IV. RECESS
V. RECONVENE AT 4:30 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. INVOCATION - Pastor W. Dan Erlenbusch, Newport Harbor Lutheran Church VIII. PLEDGE OF ALLEGIANCE
IX. PRESENTATION
History of the Completion of Newport Harbor by Bill Lobdell· 2 May 13, 2025

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City Council Meeting
X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL

ON COMMITTEE ACTIVITIES
XI. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 11). 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.

XII. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES
Minutes for the April 29, 2025 City Council Meeting1.

Waive reading of subject minutes, approve as written, and order filed.

Minutes
Written Comments
Reading of Ordinances2.

Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only.
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City Council Meeting

ORDINANCE FOR ADOPTION
Ordinance No. 2025-6: Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach

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; and
b) Conduct second reading and adopt Ordinance No. 2025-6, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach.

Staff Report
Attachment A - Ordinance No. 2025-6
Attachment B - NBMC 11.04.080 (redlines)

RESOLUTIONS FOR ADOPTION
Resolution No. 2025-20: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association and Associated Salary Schedule

4. 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. 2025-20, 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 Firefighters Association and Associated Salary Schedule; and
c) Approve Budget Amendment No. 25-063 appropriating $422,413.15 in increased expenditures in various City division salary and benefits accounts from unappropriated General Fund balance.

Staff Report
Attachment A - Resolution No. 2025-20 and MOU
Attachment B - Costing
Attachment C - Budget Amendment
Written Comments
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City Council Meeting
Resolution No. 2025-21: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule

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;
b) Adopt Resolution No. 2025-21, 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 Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule; and
c) Approve Budget Amendment No. 25-061 appropriating $127,947.97 in increased expenditures in various City division salary and benefits accounts from unappropriated General Fund balance.

Staff Report
Attachment A - Resolution No. 2025-21 and MOU
Attachment B - Costing
Attachment C - Budget Amendment
Written Comments
5 May 13, 2025

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City Council Meeting
Resolution No. 2025-22: Accept State of California, Department of Parks and Recreation, Division of Boating and Waterways 2025 Grant for the Marina Park Boating Program

6. 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. 2025-22, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Grant Agreement C 8969330 Between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beach for Reimbursement of the Cost for Replacement Equipment, Refurbishment Items, Safety Equipment and Scholarships for the Marina Park Boating Program;
c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the reimbursement of the cost for the adaptive sailing equipment and replacement items for the Marina Park Boating Program; and
d) Approve Budget Amendment No. 25-064 to record and appropriate $46,000 in grant revenue from the State of California Division of Boating and Waterways to Marina Park - Marina Park Sailing account 0107023-561086-G2502 and in expenditure appropriations to Marina Park - Equipment NOC account 0107023- 911024-G2502.

Staff Report
Attachment A - Resolution No. 2025-__ & Grant Agreement C8969330 Attachment B - Budget Amendment
On the Agenda
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City Council Meeting
Resolution No. 2025-23: Creating the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options

7. 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. 2025-23, A Resolution of the City Council of the City of Newport Beach, California, Creating the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options.

Staff Report
Attachment A - Resolution No. 2025-23

CONTRACTS AND AGREEMENTS
Superior Avenue and Hospital Road Pavement Rehabilitation (Project No . 23R14) - Notice of Completion for Contract No. 8894-2

8. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

Staff Report
Attachment A - Location Map
Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement - Award of Contract No. 9750-1 (25F02)

9. a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Find the bid submitted by Rod-West Floor Covering LLC to be non-responsive; d) Award Contract No. 9750-1 to Commercial Interior Resources for the total bid price of $151,070 for the Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement, and authorize the Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $15,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

Staff Report
Attachment A - Location Map
7 May 13, 2025

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City Council Meeting
Professional Services Agreement with Deckard Technologies, Inc. for Short-Term Lodging Compliance & Hotline

10. 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 Professional Services Agreement with Deckard Technologies, Inc. for Short-Term Lodging Compliance and Hotline for five years for a not -to-exceed amount of $243,750 piggybacking off the procurement of the City of Oxnard ’s formal solicitation; and
c) Authorize the Mayor and the City Clerk to execute the agreement.

Staff Report
Attachment A - Agreement
Written Comments
Approval of On-Call Health Screening Services Agreements11. 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 an On -Call Professional Services Agreement with Hoag Clinic, dba Hoag Executive Health, on a form approved by the City Attorney, with a not-to-exceed amount of $925,000 and a five-year term; and c) Approve an On -Call Professional Services Agreement with The Regents of the University of California on behalf of the University of California at Irvine Joe C. Wen School of Population and Public Health, on a form approved by the City Attorney, with a not-to-exceed amount of $500,000 and a five-year term.

Staff Report
Attachment A - Scope of Services
Attachment B - Hoag Rate Sheet
Attachment C - UC Irvine Rate Sheet
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR

THOSE ITEMS REMOVED
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City Council Meeting
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
XIV. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three minutes. Before speaking, please state your name for the record.

XV. CURRENT BUSINESS
Status of City of Newport Beach Vacancies and Retention Efforts Pursuant to Government Code Section 3502.3

12. 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 Status of City of Newport Beach Vacancies and Retention Efforts pursuant to Government Code Section 3502.3.

Staff Report
Attachment A - Presentation
On the Agenda
XVI. 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.
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City Council Meeting
XVII. PUBLIC COMMENTS ON CLOSED SESSION
XVIII. CLOSED SESSION - Council Chambers Conference Room

CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 2 matters
A.

1. Agency Designated Representatives: Mayor Joe Stapleton and Mayor Pro Tem Lauren Kleiman, Negotiators.

Unrepresented Employees: Unrepresented Employees in the Key and Management Group.

2. Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Director of Human Resources, and Jonathan Holtzman, Esq ., Negotiators.

Unrepresented Employees: Newport Beach Employees League.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code § 54956.9 (d)(1)): 1 matter
B.

Joseph Cartwright v. City of Newport Beach
Workers’ Compensation Appeals Board Case No. ADJ15869339 XIX. CLOSED SESSION REPORT
XX. ADJOURNMENT - In memory of Elizabeth Stahr
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.
10 On the Agenda: May 13 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, May 13. A Study Session will begin at 4 p.m. followed by the Regular Meeting at 4:30 p.m. The full agenda is available here.

Agenda items include:
• Review and discussion of a potential expansion to the City trolley system. Staff will present a draft concept to expand summer trolley service to Corona del Mar, Newport Center and Balboa Island for City Council discussion and direction.
• Acceptance of a State grant to support the Marina Park Boating Program. This item would accept a $46,000 grant from the State Division of Boating and Waterways for equipment and scholarships related to sailing and boating safety education.
• A report on the status of City employee vacancies and retention efforts. This item complies with a recent State law that requires public agencies to report on vacancies and recruitment efforts at least once every fiscal year, prior to the adoption of the annual budget.

VIEW THE FULL AGENDA >>

11 CITY OF NEWPORT BEACH

City Council Meeting Minutes
Study Session and Regular Meeting
April 29, 2025

Volume 66 - Page 302
I. ROLL CALL – 4:00 p.m.

Present: Mayor Joe Stapleton, Mayor Pro Tem Lauren Kleiman (arrived at 4:02 p.m.), Councilmember Michelle Barto, Councilmember Noah Blom, Councilmember Robyn Grant , Councilmember Sara J. Weber, Councilmember Erik Weigand

II. CURRENT BUSINESS

SS1. Clarification of Items on the Consent Calendar – None

SS2. Lower Castaways Redevelopment and City Pool Options

Assistant City Manager Jurjis reported that the Lower Castaways Park Ad Hoc Committee was formed in February 2024 to explore redevelopment options, focusing on an aquatic facility , and by October 2024, Council directed staff to proceed with environmental studies, construction document proposals, entitlements, and community outreach. He noted that staff received proposals for an Environmental Impact Report (EIR) and architectural and structural designs , and that staff is seeking further Council direction.

Mayor Stapleton suggested reforming the ad hoc committee with a two-pronged approach to 1) examine the best use for Lower Castaways and 2) if it is not to be used for a pool, explore potential locations for an aquatic center. He proposed including community members on the ad hoc committee, along with Councilmembers.

Councilmember Blom agreed with the Mayor's approach and emphasized the importance of addressing community concerns related to traffic.

Councilmember Weigand asked for clarification on the committee composition and application process for public members. City Attorney Harp confirmed that, typically, an application process would be used for members of the public who are not already serving on a board or commission.

Recreation and Senior Services Director Levin indicated that the City could use a community pool, citing high demand for more full -time aquatic facilities. He also reported that about 70% of current pool users for swim lessons and lap swimming use reside in the Newport-Mesa area.

Adam Leverenz expressed that, while people generally favor having a community pool, they do not support the Lower Castaways site largely due to traffic concerns. Additionally, he observed that there may also be resistance due to the construction cost for the pool/aquatic center.

Jim Mosher stated that he could s upport developing a n aquatic center depending on the cost, but doubted the assessment that the public felt positively about the Lower Castaways site due to traffic concerns.

Brad Rollins advocated for constructing a pool somewhere in the City and took the opportunity to express concerns over maintenance standards at the existing Corona del Mar High School pool facility.

Robin Sinclair expressed support for having a community pool due to issues with relying on local high school pools, indicated that Lower Castaways has potential to transform into an improved community area, and noted that she does not have a location preference for a community pool.

May 13, 2025
Agenda Item No. 1
Draft
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Earl Craig expressed the need for the City to have aquatic facilities and supported constructing a community pool somewhere in the City.

David Granoff recounted past advocacy efforts by the Parks, Beaches and Recreation Commission to construct a swimming pool in the City , and supported locating it at Lower Castaways due to the views that it presents and the multi-venue capabilities the facility could provide.

The City Council discussed various aspects of pool design, usage, community benefits , and touched on the potential for the aquatic center to support water safety education and the Junior Lifeguard Program.

Mayor Stapleton requested a straw vote relative to recreating a seven-member ad hoc committee that would be comprised of three Councilmembers and four members of the public (one member from the Harbor Commission , one member from the Parks, Beaches and Recreation Commission, one member from the Planning Commission, and one at-large public member).

Following discussion, the straw vote was unanimous.

III. RECESSED – 4:23 p.m.

IV. RECONVENED AT 4:30 P.M. FOR REGULAR MEETING

V. ROLL CALL

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

VI. INVOCATION – Councilmember Barto

VII. PLEDGE OF ALLEGIANCE – Councilmember Weber

VIII. PRESENTATION

● History of Newport Beach Lifeguards

Fire Chief Boyles introduced Assistant Chief O'Rourke who utilized a presentation to discuss the history of the Newport Beach Lifeguards which was established in 1923. He highlighted significant milestones and key developments like the introduction of rescue boats and beach patrol jeeps, acknowledged the Newport Beach Lifeguard Headquarters and the Junior Lifeguard Program ’s success, and honored Lifeguard Ben Carlson’s story and legacy.

IX. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON

COMMITTEE ACTIVITIES

Councilmember Grant:
• Attended the ribbon cutting ceremonies for the renovated parks at Newport Elementary School and San Miguel Park, the OASIS Senior Center volunteer lunch and OASIS Sailing Club opening day, SPON’s (Stop Polluting Our Newport ) annual meeting, the Newport Beach Police Department’s promotion and swearing-in ceremony, and the grand opening of JSX (JetSuiteX) • Displayed slides of the April 26, 2025 compost giveaway, e-waste and document shredding event

Mayor Pro Tem Kleiman:
• Reported on the success of the inaugural Corona del Mar T hird Thursday s event, thanked the community for attending, and promoted the next Third Thursday event • Announced that the Corona del Mar Residents Association’s annual meeting will be held May 6, 2025, at Sherman Gardens
Draft
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Mayor Stapleton:
• Highlighted the ribbon cutting of the City’s first universally accessible playground at San Miguel Park and recognized Alexis Portillo who advocated for accessible parks in the City many years ago • Attended the OASIS Sailing Club opening day , the Newport to Ensenada sailing event where he also exchanged gifts with the mayor of Ensenada , the Lighthouse Café ’s 10th anniversary event, El Ranchito’s 50th anniversary event, the Eastbluff Elementary School Gala, the Newport Beach Police Department’s promotion and swearing -in ceremony, and the Orange County Crime Victims' Rights Ceremony with District Attorney Todd Spitzer

X. PUBLIC COMMENTS ON CONSENT CALENDAR

Regarding Item 3 (Ordinance Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach ), Jim Mosher stated the matter should have been brought to the Parks, Beaches, and Recreation Commission for their input and to allow the public the opportunity to provide input regarding bicycles on the paved walkways.

Adam Leverenz expressed appreciation for the installation of a sign enforcing the 8 mph speed limit on the boardwalk but shared difficulties in capturing adolescent speeding violators. He also noted that, despite the sign's presence, speeding issues persist.

Peter Anderson, representing the Central Newport Beach Community Association, expressed gratitude for the ordinance in Item 3, and added that he has also noticed and appreciate d the increased police presence and enforcement of boardwalk regulations.

XI. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES

1. Minutes for the April 15, 2025 City Council Meeting
Waive reading of subject minutes, approve as amended, 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.

ORDINANCE FOR INTRODUCTION

3. Ordinance No. 2025 -6: Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the 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; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025 -6, An Ordinance of the City Council of the City of Newport Beach, California , Amending Chapter

11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach , and pass to a second reading on May 13, 2025.

RESOLUTIONS FOR ADOPTION

4. Resolution No. 2025 -14: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 1 Environmental Cleanup 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; and Draft
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b) Adopt Resolution No. 2025 -14, A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Approving the Submittal of a Grant Proposal for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program .

5. Resolution No. 2025-15: Creating the Ad Hoc Oil 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 -15, A Resolution of the City Council of the City of Newport Beach, California, Creating the Ad Hoc Oil Advisory Committee: and c) Confirm the appointments of Councilmember Michelle Barto, Councilmember Noah Blom and Councilmember Sara J. Weber to serve on the Ad Hoc Oil Advisory Committee.

Mayor Stapleton recused himself from Item 5 due to real property interest conflicts.

6. Resolution No. 2025 -16: Creating the Integrated Pest Management 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 -16, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee to Review the City’s Integrated Pest Management Program and Make Recommendations to the City Council Regarding Revisions Thereto ; and c) Confirm the appointments of Mayor Pro Tem Lauren Kleiman, Councilmember Noah Blom and Councilmember Sara J. Weber to serve on the Ad Hoc Council Integrated Pest Management Program Review Committee.

CONTRACTS AND AGREEMENTS

7. Approval of Amendment No. Two to Maintenance/Repair Services Agreement with Nature’s Image, Inc. (C-8537-1)
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. Two to the Maintenance/Repair Services Agreement with Nature’s Image, Inc. to extend the term through April 22, 2029, increase the not -to-exceed amount by $2,334,049.71, for a new not -to-exceed amount of $4,868,982.95, and incorpo rate green-waste reporting requirements , and authorize the Mayor and City Clerk to execute the amendment.

8. Approval of On -Call Maintenance and Repair Services Agreement for Facilities Maintenance Support with Ramco General Engineering Contractors, Inc. (C-8560-2) 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 Maintenance and Repair Services Agreement with Ramco General Engineering Contractors Inc., for On-Call Facilities Maintenance Support Services for a three-year term and not-to-exceed amount of $500,000 , and authorize the Mayor and City Clerk to execute the agreement.

9. Approve the Service Agreement for Water Laboratory Services with Sierra Analytical Labs, Inc. (C-8639-2)
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 Draft
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b) Approve Professional Services Agreement for Potable Water Laboratory Services with Sierra Analytical Labs, Inc., for a five-year term with a total not-to-exceed amount of $325,000, and authorize the Mayor and City Clerk to execute the agreement.

10. Approval of Amendment No. Two to Professional Services Agreement with Bumper to Bumper, Inc. for Vehicle Washing and Detailing Services (C-8877-1) 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. Two to Professional Services Agreement with Bumper to Bumper, Inc. to extend the term through May 30, 2027, and increase the not -to-exceed amount by $260,000 for a new not-to-exceed amount of $580,000, and authorize the Mayor and City Clerk to execute the amendment.

11. Approve the Second Amendment to the 2009 Waste Disposal Agreement with the County of Orange (C-4194)
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 the Second Amendment to the 2009 Waste Disposal Agreement with the County of Orange (Contract No. 4194), to extend the term of the Agreement for 12 months and allow for a

2.6% disposal fee increase, and authorize the Mayor and City Clerk to execute the amendment.

12. Reassignment and Amendment of the Services Agreement for Sewer Manhole Lining Services (C-8934)
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 assignment agreement from Sancon Technologies, Inc. to Vortex Services, LLC for on-call maintenance/repair services agreement C-8934-1 for sewer manhole lining services; and c) Approve Amendment No. 1 to the On-Call Maintenance/Repair Services Agreement with Vortex Services, LLC for Sewer Manhole Lining Services, extending the term to July 28, 2027, and increasing the agreement amount by $200,000, and authorize the Mayor and C ity Clerk to execute the Agreement.

13. Tentative Agreement with the Newport Beach Fire Association (C-2060) 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 Fire Association.

14. Tentative Agreement with the Association of Newport Beach Ocean Lifeguards (ANBOL) (C-2058A)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 1560(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 Association of Newport Beach Ocean Lifeguards.

15. Amendment No. One to the Professional Services Agreement with Infosend, Inc. for Printing, Mailing and Online Presentment and Authorization to Execute Documents for Credit-Card Pass-Through Fees (C-8614-1)
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; Draft
16 City of Newport Beach
April 29, 2025

Volume 66 - Page 307
b) Approve Amendment No. One to the Professional Services Agreement with Infosend, Inc. for Document Printing, Mailing Services and Online Presentment; and c) Authorize the City Manager and/or her designee to execute documents with the merchant service providers to implement pass-through credit card fees for utility payments.

16. Amendment No. 2 to Official Police Tow Truck Service Agreements with G&W Towing (C- 3203) and Southside Towing (C-7008-1)
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. 2 to the Official Police Tow Truck Service Agreements with G&W Towing of Costa Mesa and PD Transport, Inc., DBA Southside Towing, of Costa Mesa increasing towing rates, amending insurance requirements, and allowing insurance cost o ffsets in an amount not-to-exceed $75,000 per towing operator , and authorize the Mayor and City Clerk to execute the amendments.

MISCELLANEOUS

17. Grants and Donations Report for the Quarter Ending March 31, 2025 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.

18. Fiscal Year 2024-25 Second Quarter Financial 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) Approve Budget Amendment No. 25 -057, adjusting revenue estimates and expenditure appropriations for the Fiscal Year 2024-25 budget as further outlined in the report.

19. Approve the 2025 Sewer System Management Plan
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 the City’s 2025 Sewer System Management Plan as required by the State Water Resources Control Board Order 2022-103-DWQ.

20. Planning Commission Cancellation Notice for the April 17, 2025 Meeting Receive and file.

Motion by Mayor Pro Tem Kleiman, seconded by Councilmember Blom, to approve the Consent Calendar; and noting the amendments to Item 1 and the recusal by Mayor Stapleton to Item 5.

The motion carried unanimously.

XII. ITEMS REMOVED FROM THE CONSENT CALENDAR – None

XIII. PUBLIC COMMENTS ON NON-AGENDA ITEMS – None

XIV. PUBLIC HEARINGS

Prior to conducting the public hearings, the following ex parte communications were announced:
• Councilmember Weigand met with the owner of and consultant for Five Crowns (Item 22) • Councilmember Barto spoke with the owner of Five Crowns (Item 22) • Councilmembers Blom met with the owner of Five Crowns (Item 22) Draft
17 City of Newport Beach
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Volume 66 - Page 308
• Mayor Pro Tem Kleiman spoke with Item 22’s applicant and appellant • Mayor Stapleton met with The Irvine Company (Item 23) and noted that their conversation was fully reflected in the written record

21. Resolution No. 2025 -17: Revising Certain Fees Within the Schedule of Rents, Fines and Fees

Mayor Stapleton opened the public hearing.

Jim Mosher commented on the library fees and suggested that the resolution reference that the Board of Library Trustees has authority to set library fees.

Hearing no further testimony, Mayor Stapleton closed the public hearing.

Motion by Mayor Stapleton, 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) adopt Resolution No. 2025-17, A Resolution of the City of Newport Beach, California, Revising and Adopting Fees Within the Schedule of Rents, Fines, and Fees.

The motion carried unanimously.

22. Resolution No. 2025 -18: Appeal of a Limited Term Permit and Coastal Development Permit for the Five Crowns Temporary Patio (PA2023-0202) (C-4014)

Councilmember Weber recused herself due to Ryan Wilson, CEO of L awry’s Restaurants Inc., being a client of her business and a source of income.

Deputy Community Development Director Murillo introduced Assistant Planner Whelan who utilized a presentation to discuss the zoning map, project location and description, background and proposal, Emergency Temporary Use Permit (ETUP) history , Zoning Administrator and Planning Commission actions, appeal concerns, and the basis for staff’s recommendations.

Mayor Stapleton opened the public hearing.

Ryan Wilson, CEO of Lawry’s Restaurant, stated that he is representing Five Crowns and utilized a presentation to highlight their 60-year history in Corona del Mar and the actions taken at the Zoning Administrator and Planning Commission meetings. He detailed the additional Conditions of Approval they were willing to accept in order to be a better neighbor and requested that Council uphold the Planning Commission’s decision.

Ken Catanzarite, appellant, discussed the 1977 Use Permit, expressed concerns about noise impacts on nearby residences due to the use of the outdoor patio, and questioned the legality of the application process. He also disputed the effectiveness of the proposed sound mitigation measures and asked Council to reconsider Planning Commission’s decision and approve the appeal .

Jim Mosher discussed the purpose of disclosing ex parte communications , questioned the logic in requiring the applicant to provide its own noise study, suggested the City hire an on-call acoustics expert, doubted that the soundwall would be tall enough to block all lines of sight to the patio, and noted that Condition of Approvals 2 and 20 are the same.

Dwight Manley discussed his background, urged Council to support long -standing establishments like Five Crowns, and expressed support for the project.

Draft
18 City of Newport Beach
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Volume 66 - Page 309
Chad Tilner stated that the use of amplified music over recent years has increased which could be bothersome to neighbors. However, he indicated he remains neutral about the project but hoped that Council would take the nearby neighbors’ concerns about noise into consideration.

Following Mayor Stapleton’s inquiry, no Councilmember amended their ex parte communication information.

Mr. Catanzarite asked Council to not ignore Five Crowns’ sound impacts on the residents and indicated that his sound consultant believes that, no matter what is done by the restaurant, it will not mitigate the sound.

Hearing no further testimony, Mayor Stapleton closed the public hearing.

In response to Councilmember Grant’s questions, Deputy Community Development Director Murillo stated that the most up-to-date sound study from the applicant is included with the staff report but the appellant also conducted a sound study. Further, the only location in the City with onsite sound monitoring is at Newport Dunes.

In response to the appellant’s previous question, City Attorney Harp clarified the intention of the section related to the application process.

In response to Councilmember Weigand’s questions, Deputy Community Development Director Murillo and Assistant Planner Whelan discussed what initiated the project, explained the purpose of proposing the limited term permit for this matter, and reviewed the restaurant’s complaint history over two years.

Councilmember Blom expressed support for maintaining the Five Crowns legacy , emphasizing its historical significance and community role, and highlighted key community -centered imperatives surpassing specific resentments linked to residential concerns regarding amplified noise.

In response to Councilmember Barto’s question, Assistant Planner Whelan indicated that the police department noted that the complaints against Five Crowns were not out of the ordinary compared to other restaurants.

Following discussion, Councilmember Weigand suggested that Conditions of Approval 6, 8, 9, 10, 11, 16, 19 and 20 be either removed or amended, emphasizing that the operating hours should be amended and the sound attenuation wall requirement should be removed. City Attorney Harp pointed out that the appellant would normally be given the opportunity at this time to comment on the proposed amendments; however, he noted that Mr. Catanzarite was no longer in the Council Chambers.

Motion by Councilmember Weigand, seconded by Councilmember Blom , to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) 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; and b) adopt amended Resolution No. 2025-18, A Resolution of the City Council of the City of Newport Beach, California, Denying an Appe al and Upholding the Decision of the Planning Commission’s and Zoning Administrator to Approve a Limited Term Permit for a Temporary Outdoor Dining Area with Live Entertainment Located at 3801 East Coast Highway (PA2023-0202), including the removal or amendments to Conditions of Approval 6, 8, 9, 10, 11, 16, 19 and 20.

Mayor Pro Tem Kleiman concurred with Councilmember Weigand's recommended amendments, notably agreeing to eliminate the requirement for the sound mitigation wall after reviewing the extensive attempts made by Five Crowns to address noise concerns.

With Councilmember Weber recusing herself, the motion carried 6-0.

Draft
19 City of Newport Beach
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Volume 66 - Page 310

23. Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19: Approving an Amendment to the North Newport Center Planned Community (PC-56)

Assistant City Manager Jurjis explained the background regarding the amendment and Principal Planner Westmoreland utilized a presentation to provide a staff report, reported that the amendment would allocate 1,500 dwelling units from the Housing Opportunity Overlay to the planned community, allow for increased building heights, make other changes to development standards, and highlighted the recommendations.

Councilmember Weigand requested and received confirmation from Principal Planner Westmoreland that the residential community in Block 100 would not impact the view ordinance already established in the area.

Mayor Stapleton opened the public hearing.

Shawna Schaffner , representing The Irvine Company, stated that they agree with the recommendations.

Adam Leverenz raised concerns about the lack of affordable housing in the City given the trend for luxury development. He believed the City has a history of removing affordable units without replacing them and warned about the negative consequences of failing to provide affordable housing.

Jim Mosher noted that The Irvine Company's 1,500-unit proposal was added without a Greenlight vote (Charter Section 423) . He also questioned the justification for building all the units in one location, as it may significantly affect the views of the surrounding areas, including a publicly funded view platform.

Todd Larner expressed support for The Irvine Company’s proposal since it is a step toward resolving housing supply issues , aligns with smart planning principles that would ensure that the City remains an employment destination, and creates quality housing without significantly impacting local traffic.

Georgina Jacobson expressed s upport for The Irvine Company’s proposal since it addresses the housing mandate while maintaining the City’s quality of life.

Hearing no further testimony, Mayor Stapleton closed the public hearing.

Councilmember Blom thanked The Irvine Company for being a part of the community and making an investment in the City, and commended Principal Planner Westmoreland for her presentation.

Councilmember Grant reviewed the City’s efforts and milestones for achieving affordable housing, and assured everyone that the City is working tirelessly on the matter.

Motion by Councilmember Blom, seconded by Councilmember Grant, to a) find this matter 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 because it is consistent with the previously certified Program Environmental Impact Report (SCH No. 2023060699); b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025 -7, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to the North Newport Center Planned Community Development Plan (PC -56) to Allocate 1,500 Base Dwelling Units from the HO -4 (Newport Center Area) Subarea Development Limits Set Forth in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) of the Newport Beach Municipal Code to the North Newport Center Planned Community (PC-56) Development Plan for 100 and 190 Newport Center Drive and Various Addresses Within the North Newport Center Planned Community (PA2024 -0173), and pass to a second reading on June 10, 2025; c) waive full reading, direct the City Clerk to read by title only, Draft
20 City of Newport Beach
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Volume 66 - Page 311
introduce amended Ordinance No. 2025-8, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Project Located at 100 and 190 Newport Center Drive and Various Addresses Within the North Newport Center Planned Community (PA2024-0173), and pass to a second reading on June 10, 2025; and d) approve Resolution No. 2025- 19, A Resolution of the City Council of the City of Newport Beach, California, Approving an Affordable Housing Implementation Plan (AH IP) and Water Supply Assessment for Properties Located at 100 and 190 Newport Center Drive and Various Addresses Within the North Newport Center Planned Community (PA2024-0173).

The motion carried unanimously.

Regarding Item 22 and prior to Motion for Reconsideration, City Attorney Harp received confirmation from the City Council that the changes to the Conditions of Approval and adoption of Resolution No. 2025-18 also authorizes the City to amend the Findings of Fact that are attached to the resolution in order to conform with the motion.

XV. MOTION FOR RECONSIDERATION – None

XVI. PUBLIC COMMENTS ON CLOSED SESSION

Jim Mosher expressed concern over the lack of detail provided in Closed Session Item A, noting that the Brown Act does not prohibit revealing the subject matter and that this was done by a previous City Attorney in 2011.

City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items listed on the Closed Session agenda and read the titles.

Mayor Stapleton recessed the meeting at 6:43 p.m.

XVII. CLOSED SESSION – Council Chambers Conference Room

A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION – INITIATION OF LITIGATION
(Government Code § 54956.9 (d)(4)): 1 matter

B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter

Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Director of Human Resources, and Jonathan Holtzman, Esq., Negotiators.

Employee Organizations: Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport Beach (PTEANB).

Mayor Stapleton reconvened the meeting at 7:05 p.m.

XVIII. CLOSED SESSION REPORT

City Attorney Harp announced that no reportable actions were taken.

Councilmember Grant announced that Elizabeth Stahr passed away today and that the City Council will be adjourning a future meeting in her honor.

Draft
21 City of Newport Beach
April 29, 2025

Volume 66 - Page 312
XIX. ADJOURNMENT – Adjourned at 7:05 p.m. in memory of Andrea Donahue

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 April 24, 2025, at 4:00 p.m.

____________________________________________
Joe Stapleton
Mayor

__________________________________________
Leilani I. Brown
City Clerk
Draft
22 May 13, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Jim Mosher ( [email protected] ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Minutes for the April 29, 2025 City Council Meeting The passages shown in italics below are from the draft minutes with suggested corrections shown in strikeout underline format. The page number refers to Volume 66.

Page 302 ends

pool users for swim lessons and lap swimming use reside in Newport Beach and 90% in the Newport-Mesa area.”
[See video. In response to the Mayor’s question, Director Levin displayed his Slide 16

showing 71% of registrants from Newport Beach and 19% from Costa Mesa. Those add to 90% (or, as he said, “the vast majority”) from the Newport-Mesa area. Saying that only about 70% reside in the Newport-Mesa area is wrong and leaves readers wondering where the remaining 30% could come from.]

Page 309 ends

amplified music over recent years has increased which could be bothersome to neighbors.” [note: Further on page 309, neither the minutes nor the description of the motion mention the modifications to Condition of Approval No. 3 despite the extensive discussion of it seen in the video.]

Page 310 ends

1,500-unit proposal was relies on units added to the General Plan without a Greenlight vote (Charter Section 423).”
Item 4. Resolution No. 2025-20: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association and Associated Salary Schedule
Certain words and phrases in the proposed agreement (Attachment A to the proposed resolution) are, without any explanation I can find, printed in italics. It would have been helpful to indicate, if it is correct, that these are changes from the current MOU and that the words they replace can be found in the redline version presented as Item 13 at the Council’s April 29, meeting.

That said, the use of italics does not appear to be entirely accurate or reliable.For example, in Section 1.B.1 on page 4-10 of the staff report, “June 30” is not italicized even though it seems to be a change from “December 31.”
Item 5. Resolution No. 2025-21: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule
Same comment regarding the use of italics as for Item 4, except that the corresponding redline was presented as Item 14 on April 29 (and “June 30” does not seem to be a change).

Received After Agenda Printed
May 13, 2025
Written Comments
23 May 13, 2025, City Council agenda comments - Jim Mosher Page 2 of 3 Item 6. Resolution No. 2025-22: Accept State of California, Department of

Parks

and

Recreation,

Division

Boating

and

Waterways

2025

Grant

for

the

Marina

Park

Boating

Program
As explained in the last paragraph of the first page of the resolution (on page 6-4 of the staff report),

one

the

reasons

the

acceptance

grants

than

$30,000

comes

before

the

Council

for

approval

the

Council

can

review

the

terms

and

conditions

accepting

the

grant.

Given the more than 100 pages of grant documents that follow, the location of the terms and conditions

not

immediately

apparent.

So,

would

have

been

helpful

for

the

report

indicate

the

City

will

incur

any

obligations

result

accepting

this

grant,

and

so,

what

they

are.

Item 10. Professional Services Agreement with Deckard Technologies, Inc.

for

Short-Term

Lodging

Compliance

Hotline
The proposed contract with Deckard Technologies indicates it will start effective May 13, 2025. However, the staff report indicates that the existing contract for the same service with GovOS Inc. is not set to expire until August 31 , 2025, and Section 27 of that contract (C-7913-3) requires at least 30-days notice to terminate. How will the transition period over the next 3-½ months be handled? Which contractor will be handling

this

service?

Has

GovOS

Inc.

been

put

notice

they

will

terminated

before

staff

knows

the

contract

with

their

replacement

vendor

will

approved?

Item XVI. MOTION FOR RECONSIDERATION I think the Council should vote to reconsider its action taken on Item 22 at the April 29, 2025, meeting (Five Crowns Limited Term Use Permit Appeal). Despite the authorization given (per page 311 of the draft minutes) to City staff to amend in unknown ways the findings in the proposed Resolution No. 2025-18 presented on April 29, the normal practice when the changes are not fully announced during the course of the public hearing

would

for

the

revised

resolution

return

for

the

Council’s

concurrence

future

meeting

(typically

the

consent

calendar).

In this case, the revised Resolution No. 2025-18, signed by the Mayor as having been “adopted” on April 29, even though neither the Council nor the public had a chance to review what was purportedly

adopted,

has

number

defects.

Among

them,

both

the

title

and

the

operative

clause

Section

2 incorrectly

state

that

the

Council

voted

“uphold”

the

Planning

Commission’s

(and

Zoning

Administrator’s)

approval

the

permit.

fact,

after

the

public

hearing

had

closed,

the

Council,

exercising

what

believed

prerogatives

under

NBMC
Sections 20.64.030 and 21.64.030,
1 decided not to uphold, but instead to “modify” the earlier approvals by, among other things, extending allowed operating hours by one hour and deleting all

mandatory

noise

mitigation

measures,

relying

only

the

operator’s

compliance

with

the

1 Technically, Subsections 20.64.030.D and 20.64.030.D allow the Council only to add conditions of approval,

not

remove

them,

although

Subsections

20.64.030.D,1,c

and

20.64.030.D,1,c

imply

the

appellant

could

have

filed

the

appeal

with

request

conditions

deleted
.

24 May 13, 2025, City Council agenda comments - Jim Mosher Page 3 of 3 City’s Community Noise Control regulations - despite the applicant’s own noise consultant concluding such compliance would be possible only with the proposed mitigation measures (including

10 p.m.

closing

time).

Additionally, there are questions as to the Council’s April 29th action’s consistency with the posted Public Hearing Notice. In that notice, the construction of a sound wall and a 10 p.m. closing time are described as elements of the proposal being considered for approval or denial at

the

hearing,

not

merely

previously-imposed

conditions

approval.

Yet,

with

the

revised

resolution,

the

Council

has

not

merely

modified

conditions

approval

the

Planning

Commission

thought

necessary

make

the

project

work,

but

has

effectively

approved

project

different

from

the

one

that

was

noticed

for

hearing,

and

regarding

which

the

public

had

chance

comment

since

the

Council

announced

would

considering

that

modified

project

only

after

the

hearing

had

been

closed.
2 Regarding the last-minute changes, I am not sure the Council members were aware that the City

noise

standards

are

(quite

reasonably)

stricter

between

10 p.m.

and

7 a.m.

than

they

are

during

the

remaining

hours.

The

sound

wall

and

10 p.m.

closing

cited

the

hearing

notice

appear

have

been

included

project

features,

rather

than

mere

conditions

approval,

because

Five

Crowns’

own

noise

consultant

had

concluded

that

even

with

those

features,

events

the

sort

Five

Crowns

wants

hold

would

just

barely

meet

the

lenient

City
daytime noise limits (see Table 4 on page 22-37 of the April 29 staff report). Even with them, the contemplated events would be in violation of the 10 p.m. to 7 a.m. limits. I could be wrong, but I am not aware of any instance in Newport Beach in which outdoor dining with

amplified

sound

adjacent

residential

uses

has

been

permitted

after

10 p.m.

By not informing the public such a thing was even under consideration, and for the other procedural

deficiencies

cited

above,

the

April

29th

decision

agenda

Item

22 seems

ripe

for

reconsideration,

and

the

Council

should

request

properly-noticed

future

re-hearing

it.

2 The YouTube video at 2:04:00 shows the Mayor denying an audience member’s request to comment after

the

potential

revisions

the

project

had

been

announced.

second

request

appears

have

been

denied

at
2:39:50.

25 3-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

May 13, 2025
Agenda Item No. 3
ABSTRACT:

For the City Council’s consideration is the adoption of Ordinance 2025 -6, amending of the Newport Beach Municipal Code (NBMC) Chapter 11.04 (Parks, Park Facilities, and Beaches) to prohibit the operation of bicycles, electric bicycles, electrically motorized boards, motorized bicycles, motorized scooters, pedicabs, and surrey cycles from operation on beaches within the City of Newport Beach. The ordinance was introduced for consideration at the City Council’s April 29, 2025, regular meeting.

RECOMMENDATIONS:
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. 2025-6: An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach.

DISCUSSION:

At its April 29, 2025 meeting, the City Council introduced and passed to second reading Ordinance No. 2025 -6. The ordinance would prohibit the operation of bicycles, electric bicycles, electrically motorized boards, motorized bicycles, motorized scooters, pedicabs, and surrey cycles from operation on beaches within the City of Newport Beach. If adopted, the ordinance would become effective June 13, 2025.

Police officers working the Newport Beach Peninsula area have recently observed a significant increase in the number of e-bikers riding their bikes on the sand. This poses a significant risk to beachgoers for a variety of reasons. The speed capacity of the e-bikes in combination with the terrain of the beach (which includes sand berms with limited visibility), and large crowds during summer months, could lead to disastrous consequences for beachgoers who aren’t accustomed to looking out for vehicle s while enjoying the sand.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, [email protected] PREPARED BY: Corey Wolik, Lieutenant - 949-644-3681, [email protected] TITLE: Ordinance No. 2025-6: Amending Chapter 11.04 ( Parks, Park Facilities, and Beaches ) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach
26 Ordinance No. 2025-6: Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach
May 13, 2025

Page 2 ends

3-2

In addition to the safety concerns, e -bikers have been riding on the sand dunes, which are considered an Environmentally Sensitive Habitat Area (ESHA). Sand dunes provide nesting and shelter for several species of endangered birds and provide habitat for such rare species as the California legless lizard and several species of Blue Butterfly. It is imperative to keep e-bike riders off of these dunes in order to preserve this fragile habitat area and prevent unnecessary destruction.

In an effort to proactively address the situation and enhance public safety, the Newport Beach Police Department seeks City Council approval to amend NBMC Chapter 11.04 (Parks, Park Facilities, and Beaches) to prohibit the operation of bicycles, electric bicycles, electrically motorized boards, motorized bicycles, motorized scooters, pedicabs, and surrey cycles from being operated on the City’s beaches.

FISCAL IMPACT:

There is no fiscal impact for this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to 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.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Ordinance No. 2025-6
Attachment B – Redline of NBMC Chapter 11.04.080

27 ATTACHMENT A
6 3-3
28 3-4
29 3-5
30 3-6
31 3-7
32 3-8
33 Chapter 11.04

PARKS, PARK FACILITIES, AND BEACHES
Sections:

11.04.010 Intent and Purpose.

11.04.020 Definitions.

11.04.030 General Administration.

11.04.040 Park Hours.

11.04.050 Closed Park Areas.

11.04.060 Permit or Agreement Requirement.

11.04.070 Prohibited Conduct.

11.04.080 Biking and Similar Activities on the Beach.

11.04.090 Abandoned Bicycle.

11.04.100 Violation of Rules and Policies of Department.

11.04.110 Ejection.

11.04.120 Prohibition Against Obstructing Performance of City Employee.

11.04.130 Exemption.

11.04.140 Penalty.

11.04.010 Intent and Purpose.

It is the policy of the City of Newport Beach to allow maximum public use of the City’s public parks, park facilities and beaches subject to rules and regulations necessary for administration and maintenance of the City’s public parks, park facilities and beaches. The City Council finds that these rules and regulations are necessary to preserve and protect the public health, safety and welfare. All persons using the City’s public parks, park facilities and beaches shall comply with the provisions of this chapter, in addition to any other provisions contained within this code. Consistent with the provisions of this chapter, the Director shall be responsible for administering the use of the City’s public parks, park facilities and beaches and shall be authorized to enforce this chapter and establish and enforce policies, rules and regulations regarding the use and administration of the City’s public parks, park facilities and beaches. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004)

11.04.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section:

ATTACHMENT B
3-9
34 “Beach” or “beaches” means any public oceanfront or bayfront beach within the City of Newport Beach, including ocean or bay public piers, public floats, public wharves or public strands adjoining public oceanfront or bayfront beach areas. “Bicycle” means a device upon which any person may ride, which is propelled exclusively by human power through a belt, chain, or gears, and which has one or more wheels has the same meaning as defined in California Vehicle Code Section 231. “Bicycle rack” means a structure or rack specifically designed for the fastening or attaching of bicycles to the structure or rack.
“Director” means the Director of the Recreation and Senior Services Department. “Electric bicycle” has the same meaning as defined in California Vehicle Code Section 312.5. “Electrically Motorized Board” has the same meaning as defined in California Vehicle Code Section 313.5.
“Instructional activity” means any educational or recreational program or activity involving individual, team, or group instruction that is conducted or performed when there is monetary consideration provided for participation in the program or activity that occurs in a park, park facility, or on a beach.
“Motorized bicycle” has the same meaning as defined in California Vehicle Code Section 406.
“Motorized scooter” has the same meaning as defined in California Vehicle Code Section 407.5.
“Park” or “park facility” means all publicly owned or leased property, grounds, parking lots, roadways, venues, bike paths, walking or hiking trails, parks and park-related buildings, facilities and improvements, together with the sidewalks or walkways abutting or adjoining the same, and any school facilities when they are in use as recreational or community center facilities and under the control of the Director. “Park patrol” and “park patrol officer” mean and include the park patrol officers authorized under Section 1.12.020.
“Pedicab” has the same meaning as defined in California Vehicle Code Section 467.5 “Surrey cycle” means a bicycle or electric bicycle with seating for one or more persons which has four or more wheels.
“Regulations” means the provisions of this chapter and such rules, policies and regulations established from time to time by the City Council or the Director for the 3-10
35 administration of this chapter. (Ord. 2023-22 § 516, 2023; Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004)

11.04.030 General Administration.

A. Any activity held at a park, park facility, or beach will be conducted according to the regulations of this chapter and all applicable laws, including fire and safety regulations and applicable provisions of this code.

B. Any person or group of people violating the regulations or conditions of any permit shall be subject to the immediate revocation of park or park facility use privileges provided in the permit. The City shall be entitled to retain all fees previously paid.

C. Any person using a park, park facility, or beach shall be liable and responsible for paying for any damage to any person or property including, but not limited to, City property connected with such use.

D. When groups or organizations desire to use a park or park facility on a repetitive basis, they shall first obtain the Director’s approval through a separate park or park facility use agreement. No person shall violate any conditions set forth in a use agreement or continue to conduct any activity or use for which a use agreement is required upon revocation of a use agreement.

E. Use of a park or park facility for group activities or events shall not interfere with the public enjoyment of the park or park facility; detract from the health, safety, welfare or recreation of the general public; cause unusual or extraordinary expense to the City; nor draw crowds in excess of the capacity of the park or park facility.

F . Scheduling procedures, use regulations, and application processes for City parks or park facilities shall be determined by the Director. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004- 26 § 3 (part), 2004)

11.04.040 Park Hours.

No person shall enter or remain upon any park or park facility between the hours of 11:00 p.m. and 6:00 a.m. the following morning. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004)

11.04.050 Closed Park Areas.

When necessary for the protection of the public interest, health, or welfare, the City Manager, Director, Chief of Police, or Fire Chief shall have the authority to close from public access or use any park, park facility, or portion thereof, on a temporary basis. No person 3-11
36 shall enter or remain upon areas posted or publicly noticed as closed. (Ord. 2023-22 § 517, 2023; Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004)

11.04.060 Permit or Agreement Requirement.

A. The Director may issue permits allowing use of a park or park facility, or portion thereof, by one or more persons to the exclusion of others in connection with planned social occasions such as birthday parties, programs and recreational activities. No person other than the person authorized by the permit shall enter or remain on designated park or park facility, or portion thereof, during the period covered by the permit. All park or park facility use permits issued may only be used by the permit holder. Director permits are nontransferable.

B. The Director shall have the authority to post reservation notices at a park or park facility, or portion thereof, notifying the public that a park or park facility, or portion thereof, is reserved for exclusive use during a specified time period, pursuant to a permit. No person shall disobey any reservation notice posted or issued by the Director relating to the use of any park or park facility, or portion thereof, site, tables or other public accommodations identified in the permit.

C. Any person that wishes to use a park, park facility, or a portion thereof, for repetitive athletic league, team or group sporting activity, including any games, practices, clinics, or other sport related events, shall first obtain a permit or use agreement from the Director authorizing said use prior to occupying the park, park facility, or portion thereof, for said activities.

D. No person shall conduct or perform any instructional activity for monetary consideration in a park, park facility, or on a beach without first obtaining a written agreement from the Director to conduct or perform said instructional activity in a park, park facility, or on a beach. No person shall violate any conditions set forth in said written agreement or continue to conduct any activity or use for which said agreement is required upon revocation of said agreement.

E. Any person not having a permit for the use of a park or park facility shall surrender or turn over possession of the park, park facility, or portion thereof, to any person having possession of a valid permit from the Director. A person not having a permit from the Director shall not refuse to or fail to surrender the use of such park, park facility, or portion thereof, to any person who has a permit for the use of such park, park facility, of portion thereof, from the Director. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004) 3-12
37 11.04.070 Prohibited Conduct.

It is unlawful for any person to conduct, perform or participate in any of the following activities at any park, park facility, beach or oceanfront boardwalk unless otherwise authorized to do so by the Director:

A. Hit, strike or chip a golf ball except in designated areas for such purposes.

B. Rollerblade, roller skate or skateboard on any public tennis or sport court.

C. Remove, damage or destroy any athletic equipment or paraphernalia provided by the City for use, except, this section shall not apply to an employee of the City who removes athletic equipment or paraphernalia while engaged in the course and scope of his or her employment.

D. Play basketball on any outdoor public basketball court within three hundred (300) feet of any residentially zoned parcel, between 7:00 p.m. and 8:00 a.m. the following morning.

E. Use any park or park facility when a fee is charged, or permit or use agreement is required, without first having paid the required fee or having received any required permit or use agreement as required under Section 11.04.030(D) or 11.04.060.

F . Drive, propel, ride or park or leave standing any vehicle propelled by a motor except in areas designated for such purposes, except, this section shall not apply to an employee of the City acting in the course and scope of his or her employment, or to activities authorized by a special event permit issued pursuant to the provisions of Chapter 11.03. This section does not permit public parking of event attendees.

G. Continuing to conduct or perform any event, activity, behavior or conduct that is determined to be unsafe, a nuisance, or a disturbance to the public by the Director, a park patrol officer, code enforcement officer, lifeguard or peace officer after the person or group of people conducting or performing the event, activity, behavior or conduct has been issued a verbal or written warning that said event, activity, behavior or conduct has been determined to be unsafe, a nuisance, or a disturbance to the public.

H. Engaging in any sidewalk vending activity unless conducted in compliance with Chapter 5.97, or any successor chapter.

I. Use any public fountain, public drinking faucet, public restroom sink or public sprinkler to wash dishes, clothing or garments, to bathe, or conduct personal hygiene (such as washing hair or body with or without soap, shampoo or similar personal hygiene products; shaving with or without shaving cream or similar personal hygiene products; oral care 3-13
38 including using mouthwash or brushing teeth with or without toothpaste or similar personal hygiene products; cleaning any injury, wound, lesion, gash or abrasion in any manner with or without medical products, cleaning products or similar personal hygiene products; using any medical or other personal hygiene product to rid the body of lice or any disease, infection or growth).

J. Cut, break, injure, deface, or disturb any City tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus, or property. (Ord. 2024-19 § 6, 2024; Ord. 2023-11 §§ 3, 4, 2023; Ord. 2018-19 § 6, 2018; Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004. Formerly 11.04.080)

11.04.080 Biking and Similar Activities on the Beach.

It is unlawful for any person to drive or ride any bicycle, electric bicycle, electrically motorized board, motorized bicycle, motorized scooter, pedicab or surrey cycle on the sandy portion of any beach.

11.04.090 Abandoned Bicycle.

Any bicycle, electric bicycle, electrically motorized board, motorized bicycle, motorized scooter, pedicab or surrey cycle that is attached or fastened to any City property, including a bicycle rack, or left in a park, park facility, on a beach, or oceanfront boardwalk for a period of forty-eight (48) hours or longer shall be deemed abandoned property and may be impounded by the City. Any bicycle such device which has been impounded by the City and held for ninety (90) days without redemption by or on behalf of the lawful owner thereof shall, if saleable, be sold at such time and place and in such a manner as required by California Civil Code Section 2080 et seq. (Ord. 2023-22 § 519, 2023; Ord. 2012-6 § 1 (part), 2012)

11.04.100 Violation of Rules and Policies of Department.

No person shall disobey or violate any of the written rules, policies or regulations issued by the Director governing the use and enjoyment by the public of any park, park facility, or beach. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004. Formerly 11.04.090)

11.04.110 Ejection.

Any person who violates any of the prohibited conduct provisions in this chapter shall be guilty of disorderly conduct and may be ejected from the park, park facility, or beach by the Director, a park patrol officer, a code enforcement officer, a lifeguard, or a peace officer. (Ord. 2012-6 § 1 (part), 2012. Formerly 11.04.100)

Formatted: Font: Not Bold
3-14
39 11.04.120 Prohibition Against Obstructing Performance of City Employee.

No person shall willfully delay or obstruct any City employee in the performance of his or her duties in a park, park facility, or on a beach. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004. Formerly 11.04.110)

11.04.130 Exemption.

The provisions of this chapter shall not apply to a law enforcement officer, an employee or contractor of the City acting in the course and scope of his or her their employment, or to activities or programs of the Recreation and Senior Services Department or authorized by a special event permit issued by the Director pursuant to the provisions of Chapter 11.03. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004. Formerly 11.04.120)

11.04.140 Penalty.

Unlawful sidewalk vending activities shall be punished in accordance with Chapter 5.97. (Ord. 2023-22 § 520, 2023; Ord. 2018-19 § 7, 2018; Ord. 2012-6 § 1 (part), 2012) 3-15
40 4-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

May 13, 2025
Agenda Item No. 4

ABSTRACT:

The Tentative Agreement (Agreement) regarding a Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach Firefighters Association (NBFA or Association) was submitted at the Regular Meeting on A pril 29, 2025 to provide the City Council and the community an opportunity to consider the terms and costs of the Agreement.

The proposed MOU is now presented for the City Council’s approval (or rejection) . This is the final step in the meet and confer process with the NBFA. Included in the recommendation for approval of the MOU is the associated salary schedule. The attached budget amendment appropriates the required funding to implement the costs associated with the agreement for the current fiscal year.

RECOMMENDATIONS:
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 202 5-20, 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 Fire fighters Association and Associated Salary Schedule; and
c) Approve Budget Amendment No. 2 5-063 appropriating $ 422,413.15 in increased expenditures in various City division salary and benefits accounts from unappropriated General Fund balance.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
[email protected]
PREPARED BY: Barbara J. Salvini, Human Resources Director - 949-644-3259, [email protected]
TITLE: Resolution No. 2025-20: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association and Associated Salary Schedule
41 Resolution No. 2025-20: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association and Associated Salary Schedule May 13, 2025

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4-2

DISCUSSION:

The following discussion was provided, in part, with the April 29, 2025, staff report and is included here for reference:

The Newport Beach Firefighters Association is a recognized employee association and represents approximately 125 employees, including 118 safety members and seven non-safety members.

Topics discussed during negotiations included wage adjustments, equipment allowance , leaves, certification pay, and other non -economic matters. Clarifying language to existing provisions was added where necessary.

Salient provisions of the Tentative Agreement between the City and NBFA include:
 Term - approximately three years, expiring June 30, 2028.

 Wage adjustments -

o First full pay period after May 1, 2025 – 4%
o First full pay period following July 1, 2026 – 4%
o First full pay period following July 1, 2027 – 4%

 Equity Adjustment for Safety Classifications - Effective the first full pay period after May 1, 2025, the base salary for represented safety classifications will increase by 2%.

 Longevity Pay Adjustments for Safety Classifications - Adjustments to existing longevity pay for safety classifications will provide an additional 5% for those with at least 15 years of service, but less than 20 years of service. Safety members with 20 or more years of service wil l receive an additional 10%.

 Medical Insurance – The City will contribute $2,224 per month (plus the minimum CalPERS participating employee contribution) to each member’s cafeteria plan.

 Holidays – Because safety line members are expected to work with out regard to City-recognized holidays, all holidays will be provided as cash with no option to take holidays as time off.

 Non-Accruing Leave Bank – Safety line employees will receive 48 hours annually of paid leave. The hours do not accrue, have no cash value, and are nontransferable.
42 Resolution No. 2025-20: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association and Associated Salary Schedule May 13, 2025

Page 3 ends

4-3

The City Council reviewed the Tentative Agreement and proposed MOU with NBFA at its regular meeting of A pril 29, 202 5, after which the costing information and proposed revisions to the MOU were posted for public review on the City’s website. A final version of the successor MOU is being presented (Attachment A) in accordance with Government Code §3505.1. The total cost of the NBFA MOU is approximately $12.5 million . If the Council approves adoption of the MOU, City staff wi ll work to implement the terms as soon as practicable.

FISCAL IMPACT:

Detailed cost information is provided in Attachment B. Since the MOU covers the period from May 3, 2025, through June 30, 2028, it will result in the following annual fiscal impacts to implement the terms of the agreement, totaling $12,464,969:

Fiscal Year Amount
2024/25 $ 422,413
2025/26 2,745,685
2026/27 3,995,326
2027/28 5,301,545
$12,464,969

A budget amendment is required to appropriate $422,413.15 from the General Fund unappropriated surplus fund balance to implement the terms for the remainder of Fiscal Year 2024-25. Adequate funding will be included in the annual budget for subsequent years.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is n ot subject to 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 a s 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.

NOTICING:

The agenda item has been noticed acc ording to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Resolution No. 2025-20, including Exhibit A, NBFA MOU Attachment B – Costing
Attachment C – Budget Amendment No. 25-063
43 ATTACHMENT A
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Executed this __________ day of ___________, 2025.

NEWPORT BEACH FIREFIGHTERS ASSOCIATION
By: ______________________________________
Bobby Salerno, NBFA President

CITY OF NEWPORT BEACH
By: ______________________________________
Joe Stapleton, Mayor
83 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Fire Captain 112 35 1 37.39 $ 9,074$ 108,884$ Fire Captain 112 35 2 39.25 $ 9,526$ 114,308$ Fire Captain 112 35 3 41.23 $ 10,005$ 120,057$ Fire Captain 112 35 4 43.28 $ 10,502$ 126,020$ Fire Captain 112 35 5 45.45 $ 11,030$ 132,358$ Fire Captain 112 35 6 47.72 $ 11,580$ 138,965$ Fire Captain 112 35 7 50.10 $ 12, 158$ 145,894$ Fire Captain 112 35 8 52.61$ 12,767$ 153,201$ Fire Captain 112 35 9 55.24$ 13,405$ 160,861$ Fire Captain 80 65 1 52.35$ 9,074$ 108,892$ Fire Captain 80 65 2 55.00$ 9,533$ 114,397$ Fire Captain 80 65 3 57.72$ 10,005$ 120,057$ Fire Captain 80 65 4 60.60$ 10,505$ 126,055$ Fire Captain 80 65 5 63.63$ 11,030$ 132,357$ Fire Captain 80 65 6 66.82$ 11,581$ 138,976$ Fire Captain 80 65 7 70.16$ 12,160$ 145,925$ Fire Captain 80 65 8 73.66$ 12,768$ 153,222$ Fire Captain 80 65 9 77.35$ 13,407$ 160,882$ Fire Captain, Staff EMS/Training 95 1 56.28$ 9,755$ 117,059$ Fire Captain, Staff EMS/Training 95 2 59.12$ 10,248$ 122,971$ Fire Captain, Staff EMS/Training 95 3 62.05$ 10,755$ 129,057$ Fire Captain, Staff EMS/Training 95 4 65.15$ 11, 292$ 135,509$ Fire Captain, Staff EMS/Training 95 5 68.41$ 11,857$ 142,284$ Fire Captain, Staff EMS/Training 95 6 71.83$ 12,450$ 149,400$ Fire Captain, Staff EMS/Training 95 7 75.42$ 13,072$ 156,869$ Fire Captain, Staff EMS/Training 95 8 79.19$ 13,726$ 164,713$ Fire Captain, Staff EMS/Training 95 9 83.15$ 14,412$ 172,949$ Fire Engineer 112 15 1 31.87$ 7,733$ 92,799$ Fire Engineer 112 15 2 33.46$ 8, 119$ 97,423$ Fire Engineer 112 15 3 35.14$ 8,527$ 102,321$ Fire Engineer 112 15 4 36.88$ 8,950$ 107,403$ Fire Engineer 112 15 5 38.74$ 9,400$ 112,806$ Fire Engineer 112 15 6 40.67$ 9,870$ 118,437$ Fire Engineer 112 15 7 42.70$ 10,362$ 124,342$ Fire Engineer 112 15 8 44.84$ 10,881$ 130,569$ Fire Engineer 112 15 9 47.08$ 11,425$ 137,097$ Fire En gineer 80 15A 1 44.62 $ 7,734$ 92,806$ Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term: May 3, 2025 ‐ June 30, 2028
Effective May 3, 2025:

Safety: 4% Cost‐of‐Living Adjustment (COLA) + 2% Equity Adjustment Non‐Safety: 4% Cost‐of‐Living Adjustment (COLA)
4-44
84 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term: May 3, 2025 ‐ June 30, 2028
Effective May 3, 2025:

Safety: 4% Cost‐of‐Living Adjustment (COLA) + 2% Equity Adjustment Non‐Safety: 4% Cost‐of‐Living Adjustment (COLA)
Fi
re Engineer 80 15A 2 46.85$ 8,120$ 97,445$ Fire Engineer 80 15A 3 49.19$ 8,527$ 102,321$ Fire Engineer 80 15A 4 51.65$ 8,953$ 107,434$ Fire Engineer 80 15A 5 54.23$ 9,400$ 112,805$ Fire Engineer 80 15A 6 57.10$ 9,897$ 118,764$ Fire Engineer 80 15A 7 59.79$ 10,364$ 124,368$ Fire Engineer 80 15A 8 62.78$ 10,882$ 130,587$ Fire Engineer 80 15A 9 65.92$ 11,426$ 137, 115$ Fire Inspector 02 1 41.65$ 7,220$ 86,641$ Fire Inspector 02 2 43.74$ 7,581$ 90,977$ Fire Inspector 02 3 45.92$ 7,959$ 95,511$ Fire Inspector 02 4 48.22$ 8,359$ 100,302$ Fire Inspector 02 5 50.64$ 8,777$ 105,321$ Fire Inspector 02 6 53.16$ 9,214$ 110,569$ Fire Inspector 02 7 55.82$ 9,675$ 116,101$ Fire Inspector 02 8 58.62$ 10,160$ 121,919$ Fire Inspector 02 9 61.55$ 10,668$ 128,015$ Fi
re Inspector, Senior 47 1 45.84$ 7,945$ 95,339$ Fire Inspector, Senior 47 2 48.14$ 8,344$ 100,131$ Fire Inspector, Senior 47 3 50.54$ 8,760$ 105,122$ Fire Inspector, Senior 47 4 53.06$ 9,197$ 110,369$ Fire Inspector, Senior 47 5 55.72$ 9,659$ 115,902$ Fire Inspector, Senior 47 6 58.51$ 10,141$ 121,691$ Fire Inspector, Senior 47 7 61.43$ 10,647$ 127,766$ Fire Inspector, Senior 47 8 64.51$ 11,182$ 134, 183$ Fire Inspector, Senior 47 9 67.74$ 11,741$ 140,892$ Fire Marshal, Deputy 75 1 50.40$ 8,736$ 104,836$ Fire Marshal, Deputy 75 2 52.93$ 9,174$ 110,084$ Fire Marshal, Deputy 75 3 55.57$ 9,632$ 115,588$ Fire Marshal, Deputy 75 4 58.35$ 10,115$ 121,378$ Fire Marshal, Deputy 75 5 61.28$ 10,621$ 127,453$ Fire Marshal, Deputy 75 6 64.33$ 11,151$ 133,812$ Fire Marshal, Deputy 75 7 67.55$ 11, 709$ 140,514$ Fire Marshal, Deputy 75 8 70.93$ 12,294$ 147,530$ Fire Marshal, Deputy 75 9 74.47$ 12,909$ 154,906$ Fire Services Coordinator 01 1 36.42$ 6,312$ 75,747$ Fire Services Coordinator 01 2 38.23$ 6,626$ 79,511$ 4-45
85 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term: May 3, 2025 ‐ June 30, 2028
Effective May 3, 2025:

Safety: 4% Cost‐of‐Living Adjustment (COLA) + 2% Equity Adjustment Non‐Safety: 4% Cost‐of‐Living Adjustment (COLA)
Fi
re Services Coordinator 01 3 40.15$            6,959$            83,504$ Fire Services Coordinator 01 4 42.16$            7,308$            87,696$ Fire Services Coordinator 01 5 44.27$            7,674$            92,088$ Fire Services Coordinator 01 6 46.49$            8,059$            96,708$ Fire Services Coordinator 01 7 48.83$            8,463$            101,557$ Fire Services Coordinator 01 8 51.27$            8,886$            106,633$ Fire Services Coordinator 01 9 53.83$            9,330$            111,964$ Firefighter 112 05 0 26.98$            6,547$            78,559$ Fi
refighter 112 05 1 28.33$            6,874$            82,488$ Firefighter 112 05 2 29.74$            7,216$            86,598$ Firefighter 112 05 3 31.23$            7,579$            90,952$ Firefighter 112 05 4 32.78$            7,956$            95,469$ Firefighter 112 05 5 34.43$            8,356$            100,272$ Firefighter 112 05 6 36.15$            8,773$            105,277$ Firefighter 112 05 7 37.96$            9,211$            110,526$ Firefighter 112 05 8 39.86$            9,672$            116,062$ Firefighter 112 05 9 41.85$            10,155$          121,864$ Fi
refighter 80 06 0 37.77$            6,547$            78,565$ Firefighter 80 06 1 39.66$            6,874$            82,494$ Firefighter 80 06 2 41.64$            7,218$            86,618$ Firefighter 80 06 3 43.73$            7,579$            90,952$ Firefighter 80 06 4 45.91$            7,958$            95,496$ Firefighter 80 06 5 48.21$            8,356$            100,272$ Firefighter 80 06 6 50.62$            8,774$            105,283$ Firefighter 80 06 7 53.15$            9,212$            110,549$ Firefighter 80 06 8 55.81$            9,673$            116,076$ Firefighter 80 06 9 58.60$            10,157$          121,881$ Firefighter Paramedic 1122 25 1 34.69$            8,417$            101,005$ Firefighter Paramedic 1122 25 2 36.42$            8,838$            106,050$ Firefighter Paramedic 1122 25 3 38.24$            9,278$            111,341$ Firefighter Paramedic 1122 25 4 40.15$            9,743$            116,916$ Firefighter Paramedic 1122 25 5 42.15$            10,228$          122,734$ Firefighter Paramedic 1122 25 6 44.26$            10,740$          128,880$ Firefighter Paramedic 1122 25 7 46.48$            11,279$          135,350$ Firefighter Paramedic 1122 25 8 48.80$            11,842$          142,105$ Firefighter Paramedic 1122 25 9 51.24$            12,434$          149,210$ Firefighter Paramedic 1123 27 1 33.21$            8,060$            96,717$ 4-46
86 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term: May 3, 2025 ‐ June 30, 2028
Effective May 3, 2025:

Safety: 4% Cost‐of‐Living Adjustment (COLA) + 2% Equity Adjustment Non‐Safety: 4% Cost‐of‐Living Adjustment (COLA)
Fi
refighter Paramedic 1123 27 2 34.87$ 8,463$ 101,553$ Firefighter Paramedic 1123 27 3 36.62$ 8,887$ 106,641$ Firefighter Paramedic 1123 27 4 38.45$ 9,330$ 111,962$ Firefighter Paramedic 1123 27 5 40.37$ 9,797$ 117,569$ Firefighter Paramedic 1123 27 6 42.39$ 10,287$ 123,439$ Firefighter Paramedic 1123 27 7 44.51$ 10,801$ 129,611$ Firefighter Paramedic 1123 27 8 46.73$ 11,341$ 136,090$ Firefighter Paramedic 1123 27 9 49.07$ 11,908$ 142,895$ Firefighter Paramedic 802 26 1 48.54$ 8,413$ 100,955$ Firefighter Paramedic 802 26 2 50.96$ 8,834$ 106,004$ Firefighter Paramedic 802 26 3 53.53$ 9,279$ 111,343$ Firefighter Paramedic 802 26 4 56.21$ 9,743$ 116,914$ Firefighter Paramedic 802 26 5 59.00$ 10,227$ 122,729$ Firefighter Paramedic 802 26 6 61.96$ 10,739$ 128,874$ Firefighter Paramedic 802 26 7 65.04$ 11,274$ 135,286$ Firefighter Paramedic 802 26 8 68.29$ 11,836$ 142,037$ Firefighter Paramedic 802 26 9 71.70$ 12,428$ 149,138$ Firefighter Paramedic 803 28 1 46.50$ 8,060$ 96,724$ Firefighter Paramedic 803 28 2 48.83$ 8,463$ 101,560$ Firefighter Paramedic 803 28 3 51.27$ 8,887$ 106,638$ Firefighter Paramedic 803 28 4 53.83$ 9,331$ 111,970$ Firefighter Paramedic 803 28 5 56.52$ 9,797$ 117,569$ Firefighter Paramedic 803 28 6 59.35$ 10,287$ 123,447$ Firefighter Paramedic 803 28 7 62.32$ 10,802$ 129,619$ Firefighter Paramedic 803 28 8 65.43$ 11,342$ 136,100$ Firefighter Paramedic 803 28 9 68.70$ 11,909$ 142,905$ 2 Hired before January 1, 2016
3 Hired on/after January 1, 2016
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.

Actual rates may vary slightly due to rounding.
4-47
87 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Fire Captain 112 35 1 38.89 $ 9,437$ 113,240$ Fire Captain 112 35 2 40.82 $ 9,907$ 118,881$ Fire Captain 112 35 3 42.88 $ 10,405$ 124,859$ Fire Captain 112 35 4 45.01 $ 10,922$ 131,060$ Fire Captain 112 35 5 47.27 $ 11,471$ 137,653$ Fire Captain 112 35 6 49.63 $ 12,044$ 144,524$ Fire Captain 112 35 7 52.11 $ 12, 644$ 151,730$ Fire Captain 112 35 8 54.71$ 13,277$ 159,329$ Fire Captain 112 35 9 57.45$ 13,941$ 167,295$ Fire Captain 80 65 1 54.45$ 9,437$ 113,247$ Fire Captain 80 65 2 57.20$ 9,914$ 118,973$ Fire Captain 80 65 3 60.03$ 10,405$ 124,859$ Fire Captain 80 65 4 63.03$ 10,925$ 131,097$ Fire Captain 80 65 5 66.18$ 11,471$ 137,652$ Fire Captain 80 65 6 69.49$ 12,045$ 144,535$ Fire Captain 80 65 7 72.96$ 12,647$ 151,762$ Fire Captain 80 65 8 76.61$ 13,279$ 159,351$ Fire Captain 80 65 9 80.44$ 13,943$ 167,317$ Fire Captain, Staff EMS/Training 95 1 58.53$ 10,145$ 121,741$ Fire Captain, Staff EMS/Training 95 2 61.49$ 10,658$ 127,890$ Fire Captain, Staff EMS/Training 95 3 64.53$ 11,185$ 134,219$ Fire Captain, Staff EMS/Training 95 4 67.75$ 11, 744$ 140,930$ Fire Captain, Staff EMS/Training 95 5 71.14$ 12,331$ 147,976$ Fire Captain, Staff EMS/Training 95 6 74.70$ 12,948$ 155,375$ Fire Captain, Staff EMS/Training 95 7 78.43$ 13,595$ 163,144$ Fire Captain, Staff EMS/Training 95 8 82.36$ 14,275$ 171,302$ Fire Captain, Staff EMS/Training 95 9 86.47$ 14,989$ 179,867$ Fire Engineer 112 15 1 33.14$ 8,043$ 96,511$ Fire Engineer 112 15 2 34.79$ 8, 443$ 101,319$ Fire Engineer 112 15 3 36.54$ 8,868$ 106,414$ Fire Engineer 112 15 4 38.36$ 9,308$ 111,699$ Fire Engineer 112 15 5 40.29$ 9,776$ 117,318$ Fire Engineer 112 15 6 42.30$ 10,265$ 123,174$ Fire Engineer 112 15 7 44.41$ 10,776$ 129,315$ Fire Engineer 112 15 8 46.63$ 11,316$ 135,792$ Fire Engineer 112 15 9 48.96$ 11,882$ 142,581$ Fire En gineer 80 15A 1 46.40 $ 8,043$ 96,518$ Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term: May 3, 2025 ‐ June 30, 2028
Effective July 11, 2026:
4% Cost‐of‐Living Adjustment (COLA)
4-48
88 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term:  May 3, 2025 ‐ June 30, 2028
Effective July 11, 2026:
4% Cost‐of‐Living Adjustment (COLA)
Fire Engineer 80 15A 2 48.72$            8,445$            101,343$ Fire Engineer 80 15A 3 51.16$            8,868$            106,414$ Fi
re Engineer 80 15A 4 53.72$            9,311$            111,731$ Fire Engineer 80 15A 5 56.40$            9,776$            117,317$ Fire Engineer 80 15A 6 59.38$            10,293$          123,514$ Fire Engineer 80 15A 7 62.18$            10,779$          129,343$ Fire Engineer 80 15A 8 65.29$            11,318$          135,811$ Fire Engineer 80 15A 9 68.56$            11,883$          142,600$ Fire Inspector 02 1 43.32$            7,509$            90,107$ Fire Inspector 02 2 45.49$            7,885$            94,616$ Fi
re Inspector 02 3 47.76$            8,278$            99,331$ Fire Inspector 02 4 50.15$            8,693$            104,314$ Fire Inspector 02 5 52.66$            9,128$            109,534$ Fire Inspector 02 6 55.28$            9,583$            114,992$ Fire Inspector 02 7 58.05$            10,062$          120,745$ Fire Inspector 02 8 60.96$            10,566$          126,796$ Fire Inspector 02 9 64.01$            11,095$          133,136$ Fire Inspector, Senior 47 1 47.67$            8,263$            99,153$ Fire Inspector, Senior 47 2 50.07$            8,678$            104,136$ Fi
re Inspector, Senior 47 3 52.56$            9,111$            109,327$ Fire Inspector, Senior 47 4 55.18$            9,565$            114,784$ Fire Inspector, Senior 47 5 57.95$            10,045$          120,538$ Fire Inspector, Senior 47 6 60.85$            10,547$          126,558$ Fire Inspector, Senior 47 7 63.88$            11,073$          132,876$ Fire Inspector, Senior 47 8 67.09$            11,629$          139,550$ Fire Inspector, Senior 47 9 70.45$            12,211$          146,528$ Fire Marshal, Deputy 75 1 52.42$            9,086$            109, 030$ Fire Marshal, Deputy 75 2 55.04$            9,541$            114,487$ Fire Marshal, Deputy 75 3 57.79$            10,018$          120,212$ Fire Marshal, Deputy 75 4 60.69$            10,519$          126,233$ Fire Marshal, Deputy 75 5 63.73$            11,046$          132,551$ Fire Marshal, Deputy 75 6 66.91$            11,597$          139,164$ Fire Marshal, Deputy 75 7 70.26$            12,178$          146,134$ Fire Marshal, Deputy 75 8 73.76$            12,786$          153,431$ Fire Marshal, Deputy 75 9 77.45$            13, 425$          161,103$ Fire Services Coordinator 01 1 37.87$            6,565$            78,776$ Fire Services Coordinator 01 2 39.76$            6,891$            82,692$ 4-49
89 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term:  May 3, 2025 ‐ June 30, 2028
Effective July 11, 2026:
4% Cost‐of‐Living Adjustment (COLA)
Fire Services Coordinator 01 3 41.75 $            7,237$            86,844$ Fire Services Coordinator 01 4 43.85 $            7,600$            91,204$ Fi
re Services Coordinator 01 5 46.04$            7,981$            95,772$ Fire Services Coordinator 01 6 48.35$            8,381$            100,577$ Fire Services Coordinator 01 7 50.78$            8,802$            105,619$ Fire Services Coordinator 01 8 53.32$            9,242$            110,898$ Fire Services Coordinator 01 9 55.98$            9,704$            116,443$ Firefighter 112 05 0 28.06$            6,808$            81,702$ Firefighter 112 05 1 29.46$            7,149$            85,788$ Firefighter 112 05 2 30.93$            7,505$            90,061$ Firefighter 112 05 3 32.48$            7,882$            94,590$ Firefighter 112 05 4 34.10$            8,274$            99,288$ Firefighter 112 05 5 35.81$            8,690$            104,283$ Firefighter 112 05 6 37.60$            9,124$            109,488$ Firefighter 112 05 7 39.47$            9,579$            114,947$ Firefighter 112 05 8 41.45$            10,059$          120,704$ Firefighter 112 05 9 43.52$            10,562$          126,739$ Firefighter 80 06 0 39.28$            6,809$            81,708$ Firefighter 80 06 1 41.25$            7,149$            85,794$ Firefighter 80 06 2 43.31$            7, 507$            90,083$ Firefighter 80 06 3 45.48$            7,883$            94,590$ Firefighter 80 06 4 47.75$            8,276$            99,316$ Firefighter 80 06 5 50.14$            8,690$            104,283$ Firefighter 80 06 6 52.64$            9,125$            109,494$ Firefighter 80 06 7 55.27$            9,581$            114,971$ Firefighter 80 06 8 58.04$            10,060$          120,720$ Firefighter 80 06 9 60.94$            10,563$          126,757$ Firefighter Paramedic 1122 25 1 36.07$            8,754$            105,045$ Firefighter Paramedic 1122 25 2 37.88$            9,191$            110,292$ Firefighter Paramedic 1122 25 3 39.76$            9,650$            115,795$ Firefighter Paramedic 1122 25 4 41.76$            10,133$          121,593$ Firefighter Paramedic 1122 25 5 43.83$            10,637$          127,644$ Firefighter Paramedic 1122 25 6 46.03$            11,170$          134,035$ Firefighter Paramedic 1122 25 7 48.34$            11,730$          140,764$ Firefighter Paramedic 1122 25 8 50.75$            12,316$          147,789$ Firefighter Paramedic 1122 25 9 53.29$            12,932$          155,179$ Firefighter Paramedic 1123 27 1 34.54$            8,382$            100,585$ 4-50
90 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term: May 3, 2025 ‐ June 30, 2028
Effective July 11, 2026:
4% Cost‐of‐Living Adjustment (COLA)
Firefighter Paramedic 1123 27 2 36.27$ 8,801$ 105,615$ Firefighter Paramedic 1123 27 3 38.09$ 9,242$ 110,907$ Firefighter Paramedic 1123 27 4 39.99$ 9,703$ 116,441$ Firefighter Paramedic 1123 27 5 41.99$ 10,189$ 122,272$ Firefighter Paramedic 1123 27 6 44.09$ 10,698$ 128,376$ Firefighter Paramedic 1123 27 7 46.29$ 11,233$ 134,795$ Firefighter Paramedic 1123 27 8 48.60$ 11,794$ 141,534$ Firefighter Paramedic 1123 27 9 51.03$ 12,384$ 148,611$ Firefighter Paramedic 802 26 1 50.48$ 8,749$ 104,994$ Firefighter Paramedic 802 26 2 53.00$ 9,187$ 110,244$ Firefighter Paramedic 802 26 3 55.67$ 9,650$ 115,797$ Firefighter Paramedic 802 26 4 58.46$ 10,133$ 121,590$ Firefighter Paramedic 802 26 5 61.36$ 10,637$ 127,639$ Firefighter Paramedic 802 26 6 64.44$ 11,169$ 134,029$ Firefighter Paramedic 802 26 7 67.64$ 11,725$ 140,698$ Firefighter Paramedic 802 26 8 71.02$ 12,310$ 147,719$ Firefighter Paramedic 802 26 9 74.57$ 12,925$ 155,104$ Firefighter Paramedic 803 28 1 48.36$ 8,383$ 100,593$ Firefighter Paramedic 803 28 2 50.78$ 8,802$ 105,622$ Firefighter Paramedic 803 28 3 53.32$ 9,242$ 110,904$ Firefighter Paramedic 803 28 4 55.99$ 9,704$ 116,449$ Firefighter Paramedic 803 28 5 58.78$ 10,189$ 122,271$ Firefighter Paramedic 803 28 6 61.72$ 10,699$ 128,385$ Firefighter Paramedic 803 28 7 64.81$ 11,234$ 134,803$ Firefighter Paramedic 803 28 8 68.05$ 11,795$ 141,544$ Firefighter Paramedic 803 28 9 71.45$ 12,385$ 148,621$ 2 Hired before January 1, 2016
3 Hired on/after January 1, 2016
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.

Actual rates may vary slightly due to rounding.
4-51
91 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Fire Captain 112 35 1 40.44 $ 9,814$ 117,769$ Fire Captain 112 35 2 42.46 $ 10,303$ 123,636$ Fire Captain 112 35 3 44.59 $ 10,821$ 129,853$ Fire Captain 112 35 4 46.81 $ 11,359$ 136,303$ Fire Captain 112 35 5 49.16 $ 11,930$ 143,159$ Fire Captain 112 35 6 51.62 $ 12,525$ 150,305$ Fire Captain 112 35 7 54.19 $ 13, 150$ 157,799$ Fire Captain 112 35 8 56.90$ 13,809$ 165,702$ Fire Captain 112 35 9 59.75$ 14,499$ 173,987$ Fire Captain 80 65 1 56.62$ 9,815$ 117,777$ Fire Captain 80 65 2 59.49$ 10,311$ 123,731$ Fire Captain 80 65 3 62.43$ 10,821$ 129,854$ Fire Captain 80 65 4 65.55$ 11,362$ 136,341$ Fire Captain 80 65 5 68.83$ 11,930$ 143,158$ Fire Captain 80 65 6 72.27$ 12,526$ 150,317$ Fire Captain 80 65 7 75.88$ 13,153$ 157,832$ Fire Captain 80 65 8 79.68$ 13,810$ 165,725$ Fire Captain 80 65 9 83.66$ 14,501$ 174,010$ Fire Captain, Staff EMS/Training 95 1 60.87$ 10,551$ 126,611$ Fire Captain, Staff EMS/Training 95 2 63.95$ 11,084$ 133,006$ Fire Captain, Staff EMS/Training 95 3 67.11$ 11,632$ 139,588$ Fire Captain, Staff EMS/Training 95 4 70.47$ 12, 214$ 146,567$ Fire Captain, Staff EMS/Training 95 5 73.99$ 12,825$ 153,895$ Fire Captain, Staff EMS/Training 95 6 77.69$ 13,466$ 161,591$ Fire Captain, Staff EMS/Training 95 7 81.57$ 14,139$ 169,670$ Fire Captain, Staff EMS/Training 95 8 85.65$ 14,846$ 178,154$ Fire Captain, Staff EMS/Training 95 9 89.93$ 15,588$ 187,061$ Fire Engineer 112 15 1 34.47$ 8,364$ 100,371$ Fire Engineer 112 15 2 36.19$ 8, 781$ 105,372$ Fire Engineer 112 15 3 38.00$ 9,223$ 110,670$ Fire Engineer 112 15 4 39.89$ 9,681$ 116,167$ Fire Engineer 112 15 5 41.90$ 10,168$ 122,010$ Fire Engineer 112 15 6 43.99$ 10,675$ 128,101$ Fire Engineer 112 15 7 46.18$ 11,207$ 134,488$ Fire Engineer 112 15 8 48.50$ 11,769$ 141,224$ Fire Engineer 112 15 9 50.92$ 12,357$ 148,284$ Fire En gineer 80 15A 1 48.26 $ 8,365$ 100,378$ Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term: May 3, 2025 ‐ June 30, 2028
Effective July 10, 2027:
4% Cost‐of‐Living Adjustment (COLA)
4-52
92 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term:  May 3, 2025 ‐ June 30, 2028
Effective July 10, 2027:
4% Cost‐of‐Living Adjustment (COLA)
Fire Engineer 80 15A 2 50.67$            8,783$            105,397$ Fire Engineer 80 15A 3 53.21$            9,223$            110,670$ Fi
re Engineer 80 15A 4 55.87$            9,683$            116,200$ Fire Engineer 80 15A 5 58.66$            10,168$          122,010$ Fire Engineer 80 15A 6 61.76$            10,705$          128,455$ Fire Engineer 80 15A 7 64.67$            11,210$          134,516$ Fire Engineer 80 15A 8 67.91$            11,770$          141,243$ Fire Engineer 80 15A 9 71.30$            12,359$          148,304$ Fire Inspector 02 1 45.05$            7,809$            93,711$ Fire Inspector 02 2 47.31$            8,200$            98,400$ Fi
re Inspector 02 3 49.67$            8,609$            103,304$ Fire Inspector 02 4 52.16$            9,041$            108,487$ Fire Inspector 02 5 54.77$            9,493$            113,916$ Fire Inspector 02 6 57.50$            9,966$            119,591$ Fire Inspector 02 7 60.37$            10,465$          125,575$ Fire Inspector 02 8 63.40$            10,989$          131,868$ Fire Inspector 02 9 66.57$            11,538$          138,461$ Fire Inspector, Senior 47 1 49.58$            8,593$            103,119$ Fire Inspector, Senior 47 2 52.07$            9,025$            108,301$ Fi
re Inspector, Senior 47 3 54.66$            9,475$            113,700$ Fire Inspector, Senior 47 4 57.39$            9,948$            119,376$ Fire Inspector, Senior 47 5 60.27$            10,447$          125,360$ Fire Inspector, Senior 47 6 63.28$            10,968$          131,621$ Fire Inspector, Senior 47 7 66.44$            11,516$          138,192$ Fire Inspector, Senior 47 8 69.78$            12,094$          145,132$ Fire Inspector, Senior 47 9 73.26$            12,699$          152,389$ Fire Marshal, Deputy 75 1 54.51$            9,449$            113, 391$ Fire Marshal, Deputy 75 2 57.24$            9,922$            119,067$ Fire Marshal, Deputy 75 3 60.11$            10,418$          125,020$ Fire Marshal, Deputy 75 4 63.12$            10,940$          131,282$ Fire Marshal, Deputy 75 5 66.28$            11,488$          137,853$ Fire Marshal, Deputy 75 6 69.58$            12,061$          144,731$ Fire Marshal, Deputy 75 7 73.07$            12,665$          151,980$ Fire Marshal, Deputy 75 8 76.72$            13,297$          159,568$ Fire Marshal, Deputy 75 9 80.55$            13, 962$          167,547$ Fire Services Coordinator 01 1 39.39$            6,827$            81,928$ Fire Services Coordinator 01 2 41.35$            7,167$            85,999$ 4-53
93 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term:  May 3, 2025 ‐ June 30, 2028
Effective July 10, 2027:
4% Cost‐of‐Living Adjustment (COLA)
Fire Services Coordinator 01 3 43.42 $            7,527$            90,318$ Fire Services Coordinator 01 4 45.60 $            7,904$            94,853$ Fi
re Services Coordinator 01 5 47.89$            8,300$            99,603$ Fire Services Coordinator 01 6 50.29$            8,717$            104,600$ Fire Services Coordinator 01 7 52.81$            9,154$            109,844$ Fire Services Coordinator 01 8 55.45$            9,611$            115,334$ Fire Services Coordinator 01 9 58.22$            10,092$          121,101$ Firefighter 112 05 0 29.18$            7,081$            84,970$ Firefighter 112 05 1 30.64$            7,435$            89,219$ Firefighter 112 05 2 32.16$            7,805$            93,664$ Firefighter 112 05 3 33.78$            8,198$            98,374$ Firefighter 112 05 4 35.46$            8,605$            103,260$ Firefighter 112 05 5 37.24$            9,038$            108,454$ Firefighter 112 05 6 39.10$            9,489$            113,868$ Firefighter 112 05 7 41.05$            9,962$            119,545$ Firefighter 112 05 8 43.11$            10,461$          125,532$ Firefighter 112 05 9 45.26$            10,984$          131,809$ Firefighter 80 06 0 40.85$            7,081$            84,976$ Firefighter 80 06 1 42.90$            7,435$            89,225$ Firefighter 80 06 2 45.04$            7, 807$            93,687$ Firefighter 80 06 3 47.30$            8,198$            98,374$ Firefighter 80 06 4 49.66$            8,607$            103,289$ Firefighter 80 06 5 52.14$            9,038$            108,454$ Firefighter 80 06 6 54.75$            9,490$            113,874$ Firefighter 80 06 7 57.49$            9,964$            119,570$ Firefighter 80 06 8 60.36$            10,462$          125,548$ Firefighter 80 06 9 63.38$            10,986$          131,827$ Firefighter Paramedic 1122 25 1 37.52$            9,104$            109,246$ Firefighter Paramedic 1122 25 2 39.39$            9,559$            114,704$ Firefighter Paramedic 1122 25 3 41.36$            10,036$          120,426$ Firefighter Paramedic 1122 25 4 43.43$            10,538$          126,456$ Firefighter Paramedic 1122 25 5 45.59$            11,062$          132,749$ Firefighter Paramedic 1122 25 6 47.87$            11,616$          139,396$ Firefighter Paramedic 1122 25 7 50.27$            12,200$          146,395$ Firefighter Paramedic 1122 25 8 52.78$            12,808$          153,701$ Firefighter Paramedic 1122 25 9 55.42$            13,449$          161,386$ Firefighter Paramedic 1123 27 1 35.92$            8,717$            104,609$ 4-54
94 REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non‐sworn Positions
MOU Term: May 3, 2025 ‐ June 30, 2028
Effective July 10, 2027:
4% Cost‐of‐Living Adjustment (COLA)
Firefighter Paramedic 1123 27 2 37.72$ 9,153$ 109,840$ Firefighter Paramedic 1123 27 3 39.61$ 9,612$ 115,343$ Firefighter Paramedic 1123 27 4 41.59$ 10,092$ 121,098$ Firefighter Paramedic 1123 27 5 43.67$ 10,597$ 127,162$ Firefighter Paramedic 1123 27 6 45.85$ 11,126$ 133,511$ Firefighter Paramedic 1123 27 7 48.14$ 11,682$ 140,187$ Firefighter Paramedic 1123 27 8 50.55$ 12,266$ 147,195$ Firefighter Paramedic 1123 27 9 53.08$ 12,880$ 154,555$ Firefighter Paramedic 802 26 1 52.50$ 9,099$ 109,194$ Firefighter Paramedic 802 26 2 55.12$ 9,555$ 114,654$ Firefighter Paramedic 802 26 3 57.90$ 10,036$ 120,429$ Firefighter Paramedic 802 26 4 60.80$ 10,538$ 126,454$ Firefighter Paramedic 802 26 5 63.82$ 11,062$ 132,744$ Firefighter Paramedic 802 26 6 67.01$ 11,616$ 139,390$ Firefighter Paramedic 802 26 7 70.35$ 12,194$ 146,325$ Firefighter Paramedic 802 26 8 73.86$ 12,802$ 153,627$ Firefighter Paramedic 802 26 9 77.55$ 13,442$ 161,308$ Firefighter Paramedic 803 28 1 50.30$ 8,718$ 104,617$ Firefighter Paramedic 803 28 2 52.81$ 9,154$ 109,847$ Firefighter Paramedic 803 28 3 55.45$ 9,612$ 115,340$ Firefighter Paramedic 803 28 4 58.22$ 10,092$ 121,107$ Firefighter Paramedic 803 28 5 61.14$ 10,597$ 127,162$ Firefighter Paramedic 803 28 6 64.19$ 11,127$ 133,520$ Firefighter Paramedic 803 28 7 67.40$ 11,683$ 140,196$ Firefighter Paramedic 803 28 8 70.77$ 12,267$ 147,206$ Firefighter Paramedic 803 28 9 74.31$ 12,881$ 154,566$ 2 Hired before January 1, 2016
3 Hired on/after January 1, 2016
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.

Actual rates may vary slightly due to rounding.
4-55
95 ATTACHMENT B

COSTING
4-56
96 Current FY 2025/26 FY 2026/27 FY 2027/28
COLA 4.00% 4.00% 4.00%
Equity Adjustment for Sworn 2.00% - -
Longevity Pay

1.5% @ 16 Years

2.5% @ 20 Years

3.5% @ 25 Years
Medical Insurance1
Move-Up Assignment Pay for Captain to Battalion Chief 5% Convert Map/Preplan Pay to Turnout Coordinator Pay 2% for Map/Preplan Holiday Time to Cash
Impact on OT from Converting Holiday Time to Cash
NAL Bank
Baseline Compensation
Base Pay $16,187,981 $955,536 $1,641,277 $2,354,447
Supplemental Pays 1,487,419 837,992 954,687 1,082,548 Overtime 6,395,443 160,006 422,223 694,930 Pension Contribution 3,020,793 180,559 308,790 442,151 Medical Insurance 3,121,500 160,809 160,809 160,809 Other City Paid Benefits 3 1,005,393 450,784 507,539 566,659 SubTotal $31,218,529 $2,745,685 $3,995,326 $5,301,545
Base Salary Increase 4 5.90% 10.14% 14.54%
Total Compensation Increase 5 8.80% 12.80% 16.98%
COLA 1,144,006 2,304,231 3,510,960
Equity Adjustment 490,017 490,017 490,017 Longevity Pay 516,792 569,984 631,801 Medical Insurance 160,809 160,809 160,809
Move-Up Assignment Pay 666 720 777
Convert Map/Preplan Pay to Turnout Coordinator Pay 4,218 4,495 4,783 Holiday Time to Cash 269,958 290,532 311,930
Impact on OT from Converting Holiday Time to Cash (223,721) (223,721) (223,721) NAL Bank 382,940 398,258 414,188
2,745,685 3,995,326 5,301,545
1 Assumes maintaining the current level of funding, plus an additional $300 per month in health insurance benefits, effective May 2025. 2 Costs shown in years two and three reflect the cumulative budget impact in each year as compared to the current budgeted amounts. 3 Includes Medicare, Compensated Absences, Retiree Health Savings, Defined Contribution Plan, Life Insurance, and EAP. 4 Percentage shown in each year is as compared to current base salary, not the prior year. 5 Measured based on the total of all pay and benefits. Percentage is as compared to current total compensation, not the prior year. 5% of Base Pay for Turnout Coordinator
48 Hours
48 Hours
City of Newport Beach

NBFA MOU
Key Contract Terms
7/1/25 Additional $300/month (No Cash Back)

5.0% @ 15 Years
10% @ 20 Years
-48 Hours

9.50%
6 The costs shown reflect additional annual expenses in their corresponding fiscal years. Since the contract will take effect on May 3, 2025, the additional expense for FY 2024-25 is $422,413.

Cumulative Impact on Employee Compensation
Notes
Summary of Proposal Cost 2
Key Contract Terms
4-57
97 ATTACHMENT C
BUDGET AMENDMENT NO. 25-063
4-58
98 BA#: 25-063
Department:

ONE TIME:

Requestor:

CITY MANAGER'S APPROVAL ONLY
COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST:

REVENUES
Fund # Org Object Project Description Increase or (Decrease) $ Column1 -
-
-
Subtotal -$

EXPENDITURES
Fund # Org Object Project Description Increase or (Decrease) $ Column1 010 01040005 711001 FIRE ADMINISTRATION - SALARIES MISCELLANEOUS 500.56 010 01040005 722001 FIRE ADMINISTRATION - PENSION EE NORMAL COST MISC 42.74 010 01040005 723002 FIRE ADMINISTRATION - PENSION ER NORMAL COST MISC 53.02 010 01040005 724001 FIRE ADMINISTRATION - PENSION EE CONTRIB MISC (65.39) 010 01040005 727016 FIRE ADMINISTRATION - MEDICARE FRINGES 24.41 010 01040005 728003 FIRE ADMINISTRATION - COMPENSATED ABSENCES 25.85 010 01040005 721001 FIRE ADMINISTRATION - CAFETERIA ALLOWANCE FT 124.31 010 01040005 727017 FIRE ADMINISTRATION - PARS DC 401A 2.19 -
010 01040401 711002 FIRE OPERATIONS - SALARIES SAFETY 108,221.94 010 01040401 712019 FIRE OPERATIONS - SAFETY CERTIFICATION PAY 1,990.93 010 01040401 712012 FIRE OPERATIONS - HOLIDAY PAY SAFETY 31,616.60 010 01040401 712009 FIRE OPERATIONS - SCHOLASTIC ACHIEVEMENT 2,659.93 010 01040401 712007 FIRE OPERATIONS - LONGEVITY PAY SAFETY 60,525.08 010 01040401 712001 FIRE OPERATIONS - SPECIAL ASSIGNMENT PAY 1,350.41 010 01040401 722002 FIRE OPERATIONS - PENSION EE NORMAL COST SAFETY 11,580.17 010 01040401 723003 FIRE OPERATIONS - PENSION ER NORMAL COST SAFETY 25,293.77 010 01040401 724002 FIRE OPERATIONS - PENSION EE CONTRIB SAFETY (15,951.18) 010 01040401 713004 FIRE OPERATIONS - OVERTIME VACATION RELIEF 44,848.77 010 01040401 713002 FIRE OPERATIONS - OVERTIME SAFETY & 1/2 TIME 18,739.34 010 01040401 727016 FIRE OPERATIONS - MEDICARE FRINGES 3,517.62 010 01040401 728003 FIRE OPERATIONS - COMPENSATED ABSENCES 3,726.38 010 01040401 721001 FIRE OPERATIONS - CAFETERIA ALLOWANCE FT 17,917.68 010 01040401 727017 FIRE OPERATIONS - PARS DC 401A 315.26 -
010 01040402 711001 FIRE PREVENTION - SALARIES MISCELLANEOUS 3,842.73 010 01040402 722001 FIRE PREVENTION - PENSION EE NORMAL COST MISC 328.08 010 01040402 723002 FIRE PREVENTION - PENSION ER NORMAL COST MISC 407.01 010 01040402 724001 FIRE PREVENTION - PENSION EE CONTRIB MISC (501.99) 010 01040402 727016 FIRE PREVENTION - MEDICARE FRINGES 187.35 010 01040402 728003 FIRE PREVENTION - COMPENSATED ABSENCES 198.47 010 01040402 721001 FIRE PREVENTION - CAFETERIA ALLOWANCE FT 954.33 010 01040402 727017 FIRE PREVENTION - PARS DC 401A 16.79 -
To increase expenditure appropriations to fund the agreement with the Newport Beach Fire Association (NBFA) for the remainder of FY 2024-25.

Human Resources
Barbara Salvini
Approvals
Finance Director: Date
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
Yes
No
City of Newport Beach

BUDGET AMENDMENT
2024-25
4/16/25
4-59
99 010 01040403 711001 COMM ER RESPONSE TEAM (CERT) - SALARIES MISCELLANEO 500.56 010 01040403 722001 COMM ER RESPONSE TEAM (CERT) - PENSION EE NORMAL CO 42.74 010 01040403 723002 COMM ER RESPONSE TEAM (CERT) - PENSION ER NORMAL C 53.02 010 01040403 724001 COMM ER RESPONSE TEAM (CERT) - PENSION EE CONTRIB M (65.39) 010 01040403 727016 COMM ER RESPONSE TEAM (CERT) - MEDICARE FRINGES 24.41 010 01040403 728003 COMM ER RESPONSE TEAM (CERT) - COMPENSATED ABSENC 25.85 010 01040403 721001 COMM ER RESPONSE TEAM (CERT) - CAFETERIA ALLOWANCE 124.31 010 01040403 727017 COMM ER RESPONSE TEAM (CERT) - PARS DC 401A 2.19 -
010 01040404 711002 EMERGENCY MEDICAL SERVICES - SALARIES SAFETY 33,939.80 010 01040404 712019 EMERGENCY MEDICAL SERVICES - SAFETY CERTIFICATION PA 624.38 010 01040404 712012 EMERGENCY MEDICAL SERVICES - HOLIDAY PAY SAFETY 9,915.38 010 01040404 712009 EMERGENCY MEDICAL SERVICES - SCHOLASTIC ACHIEVEMEN 834.19 010 01040404 712007 EMERGENCY MEDICAL SERVICES - LONGEVITY PAY SAFETY 18,981.45 010 01040404 712001 EMERGENCY MEDICAL SERVICES - SPECIAL ASSIGNMENT PAY 423.51 010 01040404 722002 EMERGENCY MEDICAL SERVICES - PENSION EE NORMAL COS 3,631.69 010 01040404 723003 EMERGENCY MEDICAL SERVICES - PENSION ER NORMAL COS 7,932.45 010 01040404 724002 EMERGENCY MEDICAL SERVICES - PENSION EE CONTRIB SAFE (5,002.50) 010 01040404 713004 EMERGENCY MEDICAL SERVICES - OVERTIME VACATION RELI 14,065.15 010 01040404 713002 EMERGENCY MEDICAL SERVICES - OVERTIME SAFETY & 1/2 T 5,876.90 010 01040404 727016 EMERGENCY MEDICAL SERVICES - MEDICARE FRINGES 1,103.17 010 01040404 728003 EMERGENCY MEDICAL SERVICES - COMPENSATED ABSENCES 1,168.64 010 01040404 721001 EMERGENCY MEDICAL SERVICES - CAFETERIA ALLOWANCE FT 5,619.22 010 01040404 727017 EMERGENCY MEDICAL SERVICES - PARS DC 401A 98.87 -
Subtotal 422,413.15$

FUND BALANCE
Fund # Object Description Increase or (Decrease) $
010 300000 (422,413.15)
-
-
-
-
-
Subtotal (422,413.15)$
Fund Balance Change Required
-

GENERAL FUND - FUND BALANCE CONTROL
-
-
-
-
4-60
100
May 13, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Page 302 ends

pool users for swim lessons and lap swimming use reside in Newport Beach and 90% in the Newport-Mesa area.”
[See video. In response to the Mayor’s question, Director Levin displayed his Slide 16

Page 309 ends

Page 310 ends

Received After Agenda Printed
May 13, 2025
Written Comments
101
May 13, 2025, City Council agenda comments - Jim Mosher Page 2 of 3 Item 6. Resolution No. 2025-22: Accept State of California, Department of

Parks

and

Recreation,

Division

Boating

and

Waterways

2025

Grant

for

the

Marina

Park

Boating

Program
As explained in the last paragraph of the first page of the resolution (on page 6-4 of the staff report),

one

the

reasons

the

acceptance

grants

than

$30,000

comes

before

the

Council

for

approval

the

Council

can

review

the

terms

and

conditions

accepting

the

grant.

Given the more than 100 pages of grant documents that follow, the location of the terms and conditions

not

immediately

apparent.

So,

would

have

been

helpful

for

the

report

indicate

the

City

will

incur

any

obligations

result

accepting

this

grant,

and

so,

what

they

are.

Item 10. Professional Services Agreement with Deckard Technologies, Inc.

for

Short-Term

Lodging

Compliance

this

service?

Has

GovOS

Inc.

been

put

notice

they

will

terminated

before

staff

knows

the

contract

with

their

replacement

vendor

will

approved?

would

for

the

revised

resolution

return

for

the

Council’s

concurrence

future

meeting

(typically

the

consent

calendar).

adopted,

has

number

defects.

Among

them,

both

the

title

and

the

operative

clause

Section

2 incorrectly

state

that

the

Council

voted

“uphold”

the

Planning

Commission’s

(and

Zoning

Administrator’s)

approval

the

permit.

fact,

after

the

public

hearing

had

closed,

the

Council,

exercising

what

believed

prerogatives

under

mandatory

noise

mitigation

measures,

relying

only

the

operator’s

compliance

with

the

1 Technically, Subsections 20.64.030.D and 20.64.030.D allow the Council only to add conditions of approval,

not

remove

them,

although

Subsections

20.64.030.D,1,c

and

20.64.030.D,1,c

imply

the

appellant

could

have

filed

the

appeal

with

request

conditions

deleted
.

102
May 13, 2025, City Council agenda comments - Jim Mosher Page 3 of 3 City’s Community Noise Control regulations - despite the applicant’s own noise consultant concluding such compliance would be possible only with the proposed mitigation measures (including

10 p.m.

closing

time).

the

hearing,

not

merely

previously-imposed

conditions

approval.

Yet,

with

the

revised

resolution,

the

Council

has

not

merely

modified

conditions

approval

the

Planning

Commission

thought

necessary

make

the

project

work,

but

has

effectively

approved

project

different

from

the

one

that

was

noticed

for

hearing,

and

regarding

which

the

public

had

chance

comment

since

the

Council

announced

would

considering

that

modified

project

only

after

the

hearing

had

been

closed.
2 Regarding the last-minute changes, I am not sure the Council members were aware that the City

noise

standards

are

(quite

reasonably)

stricter

between

10 p.m.

and

7 a.m.

than

they

are

during

the

remaining

hours.

The

sound

wall

and

10 p.m.

closing

cited

the

hearing

notice

appear

have

been

included

project

features,

rather

than

mere

conditions

approval,

because

Five

Crowns’

own

noise

consultant

had

concluded

that

even

with

those

features,

events

the

sort

Five

Crowns

wants

hold

would

just

barely

meet

the

lenient

amplified

sound

adjacent

residential

uses

has

been

permitted

after

10 p.m.

By not informing the public such a thing was even under consideration, and for the other procedural

deficiencies

cited

above,

the

April

29th

decision

agenda

Item

22 seems

ripe

for

reconsideration,

and

the

Council

should

request

properly-noticed

future

re-hearing

it.

2 The YouTube video at 2:04:00 shows the Mayor denying an audience member’s request to comment after

the

potential

revisions

the

project

had

been

announced.

second

request

appears

have

been

denied

at
2:39:50.

103

_-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

May 13, 2025
Agenda Item No. __
ABSTRACT:

The Tentative Agreement (Agreement) regarding a Memorandum of Understanding (MOU) between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards (ANBOL or Association) was submitted at the City Council’s Regular Meeting on April 29, 2025, to provide the Council and the community an opportunity to consider the terms and costs of the Agreement.

The proposed MOU is now presented for the City Council’s approval (or rejection) . This is the final step in the meet and confer process with ANBOL. Included in the recommendation for approval of the MOU is the associated salary schedule. The attached budget amendment appropriates the required funding to implement the costs associated with the agreement for the current fiscal year.

RECOMMENDATIONS:
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- *** 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 Association of Newport Beach Ocean Life guards and Associated Salary Schedule; and
c) Approve Budget Amendment No. 2 5-061 appropriating $127,947.97 in increased expenditures in various City division salary and benefits accounts from unappropriated General Fund balance.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
[email protected]
PREPARED BY: Barbara J. Salvini, Human Resources Director - 949-644-3259, [email protected]
TITLE: Resolution No. 2025 - _____: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule
104
Resolution No. 2025 - _____: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule May 13, 2025

Page 2 ends

_-2
DISCUSSION:

The following discussion was provided, in part, with the April 29, 2025, staff report and is included here for reference:

The ANBOL is a recognized employee association and represents approximately 180 seasonal ocean lifeguards in the classifications of Lifeguard I, II and III. These lifeguards typically work the majority of their hours during the summer season which begins the first Saturday after the Newport-Mesa Unified School District concludes its regular school year and ends after the Labor Day holiday weekend. Reduced work hours are available during the remainder of the year based on weather conditions and department needs.

Salient provisions of the Tentative Agreement between the City and ANBOL include:
 A term of approximately three years, expiring June 30, 2028.

 Wage adjustments to the hourly minimum rate for the ocean lifeguard I position are as follows:

 Effective May 3, 2025 - $25.00
 First full pay period following July 1, 2026 – $25.50  First full pay period following July 1, 2027 – $26.00

o The hourly rates for the other steps and classifications (ocean lifeguards, I, II and III) will be increased by the amounts necessary to maintain the current salary differentials between the ocean lifeguard steps and classifications.

 5% Emergency Medical Technician (EMT) pay.

 Increase to the annual Equipment Allotment from $200.00 to $300.00.

 Flex Leave language adjusted to allow employees the option of rolling over a maximum of 16 accrued flex leave hours each season in lieu of cashing them out.

The City Council reviewed the Tentative Agreement and proposed MOU with ANBOL at its April 29, 2025 meeting, after which the costing information and proposed revisions to the MOU were posted for public review on the City’s website. A final version of the successor MOU is being presented (Attachment A) in accordance with Government Code §3505.1. It should be noted that additional, non -substantive changes were made to the MOU after the April 29, 2025 , meeting. New language in the MOU is identified in italics.

The total cost of the contract is approximately $2.2 million , and depends in part on weather conditions and salary step placement of deployed staff. If the Council approves the MOU, City staff will work to implement the terms as soon as practicable.

105
Resolution No. 2025 - _____: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule May 13, 2025

Page 3 ends

_-3
FISCAL IMPACT:

Fiscal Year Amount
2024/25 $ 127,948
2025/26 639,740
2026/27 698,290
2027/28 756,834
$2,222,812

A budget amendment is required to appropriate $ 127,947.97 from the General Fund unappropriated surplus fund balance to implement the terms for the remainder of Fiscal Year 2024-25. Adequate funding will be included in the annual budget for subsequent years.

ENVIRONMENTAL REVIEW:

Staff recommends the City Counci l find this action is not subject to 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 acti vity 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.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Resolution 2025- *** including Exhibit A, ANBOL MOU Attachment B – Costing
Attachment C – Budget Amendment No. 25-061

106

ATTACHMENT A
5-4
21 107
5-5
108
5-6
109
5-7
110
5-8
111
5-9
112
5-10
113
5-11
114
5-12
115
5-13
116
5-14
117
5-15
118
5-16
119
5-17
120
5-18
121
5-19
122
5-20
Executed this __________ day of _____________, 2025.

ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
By: _______________________________________________
Dan Moody, President

CITY OF NEWPORT BEACH
By: _______________________________________________
Joe Stapleton, Mayor
123
REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Lifeguard I P/T 05B 1 25.00 $ 4,333$ 52,000$ Lifeguard I P/T 05B 2 26.25$ 4,550$ 54,600$ Lifeguard I P/T 05B 3 27.59$ 4,782$ 57,379$ Lifeguard I P/T 05B 4 28.96$ 5,020$ 60,237$ Lifeguard I P/T 05B 5 30.41$ 5,271$ 63,248$ Lifeguard II P/T 25 1 30.41$ 5,271$ 63,248$ Lifeguard II P/T 25 2 31.93$ 5, 534$ 66,411$ Lifeguard II P/T 25 3 33.52$ 5,811$ 69,731$ Lifeguard II P/T 25 4 35.19$ 6,100$ 73,204$ Lifeguard II P/T 25 5 36.96$ 6,407$ 76,879$ Lifeguard III P/T 35 1 30.41$ 5,271$ 63,248$ Lifeguard III P/T 35 2 31.93$ 5,534$ 66,411$ Lifeguard III P/T 35 3 33.52$ 5,811$ 69,731$ Lifeguard III P/T 35 4 35.19$ 6,100$ 73,204$ Lifeguard III P/T 35 5 36.96$ 6,407$ 76,879$ The salary schedule for Lifeguard III mirrors Lifeguard II.

Exhibit A
Association of Newport Beach Ocean Lifeguards
MOU Term: May 1, 2025 ‐ June 30, 2028
Effective May 3, 2025 :

Salary Adjustment
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.

Actual rates may vary slightly due to rounding.
5-21
124
REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Lifeguard I P/T 05B 1 25.50$ 4,420$ 53,040$ Lifeguard I P/T 05B 2 26.78$ 4,641$ 55,692$ Lifeguard I P/T 05B 3 28.14$ 4,877$ 58,527$ Lifeguard I P/T 05B 4 29.54$ 5,120$ 61,441$ Lifeguard I P/T 05B 5 31.02$ 5,376$ 64,514$ Lifeguard II P/T 25 1 31.02$ 5,376$ 64,514$ Lif
eguard II P/T 25 2 32.57$ 5,645$ 67,739$ Lifeguard II P/T 25 3 34.20$ 5,927$ 71,126$ Lifeguard II P/T 25 4 35.90$ 6,222$ 74,668$ Lifeguard II P/T 25 5 37.70$ 6,535$ 78,417$ Lifeguard III P/T 35 1 31.02$ 5,376$ 64,514$ Lifeguard III P/T 35 2 32.57$ 5,645$ 67,739$ Lifeguard III P/T 35 3 34.20$ 5,927$ 71,126$ Lifeguard III P/T 35 4 35.90$ 6,222$ 74,668$ Lifeguard III P/T 35 5 37.70$ 6,535$ 78,417$ The salary schedule for Lifeguard III mirrors Lifeguard II.

Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.

Actual rates may vary slightly due to rounding.

Exhibit A
Association of Newport Beach Ocean Lifeguards
MOU Term: May 1, 2025 ‐ June 30, 2028
Effective July 11, 2026:

Salary Adjustment
5-22
125
REPRESENTED POSITIONS GRADE STEP HOURLY
RATE

MONTHLY
RATE
ANNUAL
SALARY
Lifeguard I P/T 05B 1 26.00 $ 4,507$ 54,080$ Lifeguard I P/T 05B 2 27.30$ 4,732$ 56,784$ Lifeguard I P/T 05B 3 28.69$ 4,973$ 59,674$ Lifeguard I P/T 05B 4 30.12$ 5,220$ 62,646$ Lifeguard I P/T 05B 5 31.62$ 5,482$ 65,778$ Lifeguard II P/T 25 1 31.62$ 5,482$ 65,778$ Lifeguard II P/T 25 2 33.21$ 5, 756$ 69,067$ Lifeguard II P/T 25 3 34.87$ 6,043$ 72,521$ Lifeguard II P/T 25 4 36.60$ 6,344$ 76,132$ Lifeguard II P/T 25 5 38.44$ 6,663$ 79,954$ Lifeguard III P/T 35 1 31.62$ 5,482$ 65,778$ Lifeguard III P/T 35 2 33.21$ 5,756$ 69,067$ Lifeguard III P/T 35 3 34.87$ 6,043$ 72,521$ Lifeguard III P/T 35 4 36.60$ 6,344$ 76,132$ Lifeguard III P/T 35 5 38.44$ 6,663$ 79,954$ The salary schedule for Lifeguard III mirrors Lifeguard II.

Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.

Actual rates may vary slightly due to rounding.

Exhibit A
Association of Newport Beach Ocean Lifeguards
MOU Term: May 1, 2025 ‐ June 30, 2028
Effective July 10, 2027:

Salary Adjustment
5-23
126

ATTACHMENT B

COSTING
5-24
127
Current FY 2025/26 FY 2026/27 FY 2027/28
Adjustments to Minimum Step $20.22/hour
Equipment Allotment $200/year
Death Related Benefits N/A
EMT Pay $1/hour
Baseline Compensation
Base Pay $2,097,377 $468,363 $517,364 $566,360
Supplemental Pays 11,541 1,908 2,108 2,307
Overtime 226,943 50,678 55,980 61,282
Pension Contribution 112,419 25,104 27,731 30,357
Other City Paid Benefits 2 34,838 8,785 9,584 10,383
SubTotal $2,483,118 $554,839 $612,767 $670,689
Other Proposals
Equipment Allotment 34,900 52,350 52,350 52,350
EMT Pay 17,264 32,551 33,173 33,795
SubTotal 52,164 84,901 85, 523 86, 145
Total 2,535,282$ 639,740$ 698, 290$ 756, 834$ Base Salary Increase 3 22.33% 24.67% 27.00%
Total Compensation Increase 4 25.23% 27.54% 29.85%
1 Costs shown in years two and three reflect the cumulative budget impact in each year as compared to the current budgeted amounts. 2 Includes Medicare and Cancer Screening.
3 Percentage shown in each year is as compared to current base salary, not the prior year. 4 Measured based on the total of all pay and benefits. Percentage shown in each year is as compared to current total compensation. $10,000 Death Benefit
5% of Base Salary
City of Newport Beach

ANBOL MOU
Key Contract Terms
$300/year
7/1/25 Minimum step - $25/hour
7/1/26 Minimum step - $25.50/hour
7/1/27 Minimum step - $26/hour
5 The costs shown reflect additional annual expenses in their corresponding fiscal years. Since the contract will take effect on May 3, 2025, the additional expense for FY 2024-25 is $127,948.

Cumulative Impact on Employee Compensation
Notes
Summary of Proposal Cost 1
5-25
128

ATTACHMENT C
BUDGET AMENDMENT NO. 25-061
5-26
129
BA#: 25-061
Department:

ONE TIME:

Requestor:

CITY MANAGER'S APPROVAL ONLY
COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:

REVENUES
Fund # Org Object Project Description Increase or (Decrease) $ Column1 -
-
-
Subtotal -$

EXPENDITURES
Fund # Org Object Project Description Increase or (Decrease) $ Column1 010 01040406 711003 LIFEGUARD OPERATIONS - SALARIES PART TIME 80,558.47 010 01040405 711003 JUNIOR LIFEGUARDS - SALARIES PART TIME 13,114.17 010 01040406 712005 LIFEGUARD OPERATIONS - EMT PAY 5,598.82 010 01040405 712005 JUNIOR LIFEGUARDS - EMT PAY 911.44
010 01040406 727009 LIFEGUARD OPERATIONS - ANBOL EQUIP ALLOWANCE 9,004.20 010 01040405 727009 JUNIOR LIFEGUARDS - ANBOL EQUIP ALLOWANCE 1,465.80 010 01040406 712001 LIFEGUARD OPERATIONS - SPECIAL ASSIGNMENT PAY 328.16 010 01040405 712001 JUNIOR LIFEGUARDS - SPECIAL ASSIGNMENT PAY 53.42 010 01040406 723004 LIFEGUARD OPERATIONS - RETIREMENT PART TIME/TEMP 2,030.00 010 01040405 723004 JUNIOR LIFEGUARDS - RETIREMENT PART TIME/TEMP 330.47 010 01040406 722002 LIFEGUARD OPERATIONS - PENSION EE NORMAL COST SAFET 958.81 010 01040405 722002 JUNIOR LIFEGUARDS - PENSION EE NORMAL COST SAFETY 156.08 010 01040406 723003 LIFEGUARD OPERATIONS - PENSION ER NORMAL COST SAFET 2,593.89 010 01040405 723003 JUNIOR LIFEGUARDS - PENSION ER NORMAL COST SAFETY 422.26 010 01040406 724002 LIFEGUARD OPERATIONS - PENSION EE CONTRIB SAFETY (1,264.77) 010 01040405 724002 JUNIOR LIFEGUARDS - PENSION EE CONTRIB SAFETY (205.89) 010 01040406 727016 LIFEGUARD OPERATIONS - MEDICARE FRINGES 1,510.99 010 01040405 727016 JUNIOR LIFEGUARDS - MEDICARE FRINGES 245.98 010 01040406 713001 LIFEGUARD OPERATIONS - OVERTIME MISC & 1/2 TIME 8,716.68 010 01040405 713001 JUNIOR LIFEGUARDS - OVERTIME MISC & 1/2 TIME 1,418.99 -
Subtotal 127,947.97$

FUND BALANCE
Fund # Object Description Increase or (Decrease) $
010 300000 (127,947.97)
-
-
-
-
-
Subtotal (127,947.97)$
Fund Balance Change Required
-

GENERAL FUND - FUND BALANCE CONTROL
-
-
-
-
To increase expenditure appropriations to fund the agreement with The Association of Newport Beach Ocean Lifeguards (ANBOL) for the remainder of FY 2024-25.

Human Resources
Barbara Salvini
Approvals
Finance Director: Date
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
Yes
No
City of Newport Beach

BUDGET AMENDMENT
2024-25
4/16/25
5-26
130
May 13, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Page 302 ends

pool users for swim lessons and lap swimming use reside in Newport Beach and 90% in the Newport-Mesa area.”
[See video. In response to the Mayor’s question, Director Levin displayed his Slide 16

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Received After Agenda Printed
May 13, 2025
Written Comments
131
May 13, 2025, City Council agenda comments - Jim Mosher Page 2 of 3 Item 6. Resolution No. 2025-22: Accept State of California, Department of

Parks

and

Recreation,

Division

Boating

and

Waterways

2025

Grant

for

the

Marina

Park

Boating

Program
As explained in the last paragraph of the first page of the resolution (on page 6-4 of the staff report),

one

the

reasons

the

acceptance

grants

than

$30,000

comes

before

the

Council

for

approval

the

Council

can

review

the

terms

and

conditions

accepting

the

grant.

Given the more than 100 pages of grant documents that follow, the location of the terms and conditions

not

immediately

apparent.

So,

would

have

been

helpful

for

the

report

indicate

the

City

will

incur

any

obligations

result

accepting

this

grant,

and

so,

what

they

are.

Item 10. Professional Services Agreement with Deckard Technologies, Inc.

for

Short-Term

Lodging

Compliance

this

service?

Has

GovOS

Inc.

been

put

notice

they

will

terminated

before

staff

knows

the

contract

with

their

replacement

vendor

will

approved?

would

for

the

revised

resolution

return

for

the

Council’s

concurrence

future

meeting

(typically

the

consent

calendar).

adopted,

has

number

defects.

Among

them,

both

the

title

and

the

operative

clause

Section

2 incorrectly

state

that

the

Council

voted

“uphold”

the

Planning

Commission’s

(and

Zoning

Administrator’s)

approval

the

permit.

fact,

after

the

public

hearing

had

closed,

the

Council,

exercising

what

believed

prerogatives

under

mandatory

noise

mitigation

measures,

relying

only

the

operator’s

compliance

with

the

1 Technically, Subsections 20.64.030.D and 20.64.030.D allow the Council only to add conditions of approval,

not

remove

them,

although

Subsections

20.64.030.D,1,c

and

20.64.030.D,1,c

imply

the

appellant

could

have

filed

the

appeal

with

request

conditions

deleted
.

132
May 13, 2025, City Council agenda comments - Jim Mosher Page 3 of 3 City’s Community Noise Control regulations - despite the applicant’s own noise consultant concluding such compliance would be possible only with the proposed mitigation measures (including

10 p.m.

closing

time).

the

hearing,

not

merely

previously-imposed

conditions

approval.

Yet,

with

the

revised

resolution,

the

Council

has

not

merely

modified

conditions

approval

the

Planning

Commission

thought

necessary

make

the

project

work,

but

has

effectively

approved

project

different

from

the

one

that

was

noticed

for

hearing,

and

regarding

which

the

public

had

chance

comment

since

the

Council

announced

would

considering

that

modified

project

only

after

the

hearing

had

been

closed.
2 Regarding the last-minute changes, I am not sure the Council members were aware that the City

noise

standards

are

(quite

reasonably)

stricter

between

10 p.m.

and

7 a.m.

than

they

are

during

the

remaining

hours.

The

sound

wall

and

10 p.m.

closing

cited

the

hearing

notice

appear

have

been

included

project

features,

rather

than

mere

conditions

approval,

because

Five

Crowns’

own

noise

consultant

had

concluded

that

even

with

those

features,

events

the

sort

Five

Crowns

wants

hold

would

just

barely

meet

the

lenient

amplified

sound

adjacent

residential

uses

has

been

permitted

after

10 p.m.

By not informing the public such a thing was even under consideration, and for the other procedural

deficiencies

cited

above,

the

April

29th

decision

agenda

Item

22 seems

ripe

for

reconsideration,

and

the

Council

should

request

properly-noticed

future

re-hearing

it.

2 The YouTube video at 2:04:00 shows the Mayor denying an audience member’s request to comment after

the

potential

revisions

the

project

had

been

announced.

second

request

appears

have

been

denied

at
2:39:50.

133

6-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

May 13, 2025
Agenda Item No. 6
ABSTRACT:

The Recreation and Senior Services Department applied for a State of California Division of Boating and Waterways (State DBW) grant to fund the purchase of replacement items, refurbish equipment, and provide scholarships for the Marina Park Boating Program.

These funds are made available for boating safety education efforts through the Aquatic Grants Program in support of organizations that offer “on the water” education to the public. The State DBW has approved the City of Newport Beach's grant application in the amount of $46,000, which requires City Council authorization and acceptance of the grant terms and conditions.

RECOMMENDATIONS:
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. 2025-22, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Grant Agreement C896 9330 Between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beach for Reimbursement of the Cost for Replacement Equipment, Refurbishment Items, Safety Equipment and Scholarships for the Marina Park Boating Program;

c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the reimbursement of the cost for the adaptive sailing equipment and replacement items for the Marina Park Boating Program; and

d) Approve Budget Amendment No. 2 5-064 to record and appropriate $46,000 in grant revenue from the State of California Division of Boating and Waterways to Marina Park – Marina Park Sailing account 0107023 -561086-G2502 and in expenditure appropriations to Marina Park – Equipment NOC account 0107023-911024-G2502.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Sean Levin, Recreation and Senior Services Director - 949-644- 3151, [email protected]
PREPARED BY: Racquel Valdez, Recreation Manager - 949-270-8156, [email protected]
TITLE:

Resolution No. 2025 -22: Accept State of California, Department of Parks and Recreation, Division of Boating and Waterways 2025 Grant for the Marina Park Boating Program
134
Accept State of California, Department of Parks and Recreation, Division of Boating and Waterways 2025 Grant for the Marina Park Boating Program May 13, 2025

Page 2 ends

6-2
DISCUSSION:

The City has operated the Marina Park Boating Program s ince 2015, providing a wide variety of sailing classes, private lessons, and equipment rentals to the community.

Orange Coast College (OCC), the program's contractor, provides instruction for all City sailing classes and camps and uses the City’s fleet to conduct programs at Marina Park.

This past year, t he City and OCC develop ed an adaptive sailing program to promote accessibility on the water for individuals with disabilities.

The City's sailboat fleet is diversified from one -person dinghies that appeal to youth, to bigger keelboats more appropriate for adults. In addition to sailboat rentals, the City also offers stand-up paddle board and kayak rentals. The entire Marina Park Boating Program provides boating safety education to the public and relies on the City's fleet of sailboats and paddle equipment to operate. Maintenance, improvements and replacement of equipment is crucial to maximizing the growth and longevity of the program and ensuring the safety of all participants.

In this year's grant, the California Division of Boating and Waterways approved multiple replacement, refurbishment and safety items, as well as scholarships to support the City’s adaptive sailing program and ACE After School Sailing. The replacement /refurbishment items include new “running” and “standing” rigging for the RS Ventures and RS Quests, new sails for the RS Ventures, as well as new “can docks” to replace some of the modular docking cubes. The State DBW will also replace the City’s stand-up paddles and has agreed to fund the protective bottom paint for four J22’s and two RS Ventures. The safety items include general lifejackets and specialized adaptive lifejackets, as well as new “toe rail” which is used on the J22’s to prevent sailors from slipping off the boat.

Pending the City Council's approval of the grant, the State is prepared to execute the agreement so that all sailing equipment and replacement items may be ordered and purchased. As stated in the grant agreement, the State will reimburse the City $ 46,000 for the cost of these items once the grant is executed and the items are purchased.

FISCAL IMPACT:

The budget amendment appropriates $46,000 in additional grant reimbursement revenue from the State DBW and $ 46,000 in increased expenditure appropriations. The revenue will be posted to the Marina Park Community Center account in the Recreation and Senior Services Department, 0107023 -561086-G2502, and expenditure appropriations increased in Marina Park Community Center — Equipment NOC account in the Recreation and Senior Services Department, 0107023-911024-G2502.

ENVIRONMENTAL REVIEW:

Page 3 ends

6-3

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance o f the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Resolution No. 2025-22 & Grant Agreement C8969330 Attachment B – Budget Amendment No 25-064

136

ATTACHMENT A
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ATTACHMENT B
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On the Agenda: May 13 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, May 13. A Study Session will begin at 4 p.m. followed by the Regular Meeting at 4:30 p.m. The full agenda is available here.

VIEW THE FULL AGENDA >>

259

7-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

May 13, 2025
Agenda Item No. 7
ABSTRACT:

For the City Council’s consideration is the adoption of a resolution to create the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options. The ad hoc committee would be comprised of three Councilmembers, one Parks, Beaches, & Recreation Commissioner, one Planning Commissioner, one Harbor Commissioner, and one citizen member. The committee will be charged with assessing the potential uses of the Lower Castaways property and exploring suitable site options for a future community aquatic center.

DISCUSSION:

On February 27, 2024, the City Council established the Lower Castaways Park Ad Hoc Committee, and confirmed the appointments of Mayor Pro Tem Joe Stapleton, Councilmember Robyn Grant, and Councilmember Noah Blom. Th e committee wa s tasked to work with City of Newport Beach staff in evaluating additional capital improvements, harbor and beach uses, and/or recreational opportunities for Lower Castaways. It met several times between March and September 2024 and worked alongside City staff and on-call consultants to review potential concepts. Ultimately, the committee identified a community recreational pool facility with rich amenities, including a 50-meter pool, a therapy pool, a splash pad, a hand boat launch, and event venue, as the best use for Lower Castaways.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253, [email protected]
TITLE: Resolution No. 2025 -23: Creating the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options 260
Resolution No. 2025-23: Creating the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options May 13, 2025

Page 2 ends

7-2

At the October 8, 2024, City Council Study Session, staff presented the committee’s recommendations. At the conclusion of the item, including public comments and City Council discussion, the City Council unanimously supporte d pursuing the committee’s recommendations. However, s ince that time, there has been continued community interest in the proposed use of Lower Castaways, as well as potential alternate locations for the proposed aquatic center.

At the April 29, 2025, City Council Study Session, the City Council revisited the matter and voted unanimously to form a new ad hoc committee to re-examine the potential uses of the Lower Castaways property and to explore suitable site options for a future aquatic center.

As outlined in the draft resolution attached to this staff report, the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options will be comprised of seven members: three City Councilmembers, one Parks, Beaches & Recreation Commissioner, one Planning Commissioner, one Harbor Commissioner, and one citizen member.

The City Clerk will issue a notice that the City is accepting applications for the citizen member position. Once applications have been received, Mayor Stapleton will make the final appointments for all committee members, subject to confirmation by the City Council.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to 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 Secti on 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.

NOTICING:

The agenda item has been noticed according to the Brow n Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Resolution No. 2025-23
261
Attachment A
Resolution No. 2025-23
7-3
262
23 7-4
263
7-5
264
7-6
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266

_-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

May 13, 2025
Agenda Item No. __
ABSTRACT:

On July 23, 2024, the City Council awarded Contract No. 8894-2 for the Superior Avenue and Hospital Road Pavement Rehabilitation project to R.J. Noble Company. The project reconstructed deteriorated concrete improvements, rehabilitated the asphalt pavement on Superior Avenue a nd Hospital Road, and extended the median landscaping on Superior Avenue. The work is now complete and staff requests City Council acceptance and close out of the contract.

RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract
Amount
Final Total Contract
Amount
Total Contract
Change Amount
Percent Contract
Cost Change
$1,882,213.70 $1,892,391.06 $10,177.36 0.5%
Allowed Contract Time + Approved
Extensions (Days) = 88 Actual Time Used (Days) 88

This project included cold milling and overlaying the existing asphalt concrete pavement with new rubberized asphalt concrete pavement; reconstructing deteriorated concrete driveways, sidewalks, curb and gutters, curb access ramps, and cross-gutters; adjusting utility boxes and manholes to grade; installing new traffic signs; restriping the pavement; TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Andy Tran, Principal Civil Engineer - 949-644-3315, [email protected]
TITLE: Superior Avenue and Hospital Road Pavement Rehabilitation (Project No. 23R14) – Notice of Completion for Contract No. 8894-2 267
Superior Avenue and Hospital Road Pavement Rehabilitation (Project No. 23R14) – Notice of Completion for Contract No. 8894-2
May 13, 2025

Page 2 ends

_-2
installing landscape and irrigation improvements within the existing median on Superior Avenue; and other appurtenant items of work. Please refer to the attached location map for limits of the proposed improvements.

The contracted work has been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows:

Original Bid Amount: $ 1,882,213.70
Actual Cost of Bid Items Constructed: $ 1,548,521.96
Total Change Orders: $ 343,869.10
Final Contract Cost: $ 1,892,391.06

The final total contract amount was $1,892,391.06, which was approximately 0.5% higher than the original bid amount. The actual cost of bid items constructed was significantly less than the original bid amount due to the overestimation of the quantities needed for median excavation, imported fill, and asphalt concrete . With the project savings, staff approved a change order to repave portions of the Newport Pier parking lot. This parking lot is heavily used by visitors and the pavement has deteriorated. Th is change order includes restriping the entire parking lot in preparation f or the upcoming busy summer season. Adding this needed parking lot work, combined with noted savings, resulted in the final contract cost being just slightly more than the original bid amount.

A summary of the project schedule milestones is as follows:

The actual start of construction was postpone d until the completion of the Superior Avenue Bridge and Parking Lot project, which is located within the proposed pavement rehabilitation limits. The contractor was allowed additional time to construct the modified drainage system as directed by staff. Additional contract time was also granted to account for the unavailability of asphalt material and paving the Newport Pier parking lot.

FISCAL IMPACT:

The Superior Avenue and Hospital Road Pavement Rehabilitation project was included within the FY 20 24-25 Capital Improvement Program (CIP) Budget. Funds for the construction contract were expended from the following accounts:

Estimated Start of Construction per Annual Baseline Schedule September 9, 2024 Actual Start of Construction Per Notice to Proceed October 14, 2024 Estimated Completion per Annual Baseline Schedule January 24, 2025 Substantial Completion Date Inclusive of Extra Work March 25, 2025 268
Superior Avenue and Hospital Road Pavement Rehabilitation (Project No. 23R14) – Notice of Completion for Contract No. 8894-2
May 13, 2025

Page 3 ends

_-3
Account Description Account Number Amount
SB1 RMRA Fund 12601-980000-23R14 $ 1,199,244.50
Measure M Fair Share 12201-980000-23R14 $ 599,897.56
Water Capital Fund 70201-980000-25R09 $ 57,500.00
Wastewater Enterprise Fund 71101-980000-24R09 $ 20,900.00 CalRecycle Grant Fund 13501-980000-23R02 $ 14,849.00
Total: $ 1,892,391.06
SB1 Road Maintenance & Rehabilitation Account (RMRA) revenues are State fuel and vehicle registration taxes imposed by the Road Repair and Accountability Act of 2017.

Orange County Transportation Authority (OCTA) provides Measure M funding, generated through a ½ cent sales tax, to the City for transportation improvement projects. The Water and Wastewater funds generate revenue primarily through water and wastewat er rates collected from service users. The CalRecycle Grant fund comes from the State’s CalRecycle Rubberized Grant Program, which promotes the use of rubberized asphalt concrete made from recycled waste tires generated in California. The program aims to decrease the adverse environmental impacts created by disposing and stockpiling of waste tires. Through CalRecycle, the City will be reimbursed up to $7 per ton of rubberized asphalt concrete used on the project.

ENVIRONMENTAL REVIEW:

On July 23, 2024 , the City Council found 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 us e) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Location Map

269
8-4
270

9-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

May 13, 2025
Agenda Item No. 9
ABSTRACT:

The City of Newport Beach received construction bids for the Central Library, OASIS Senior Center and V incent Jorgensen (V J) Community Center Carpet Replacement project. Staff requests City Council approval to award the construction contract to Commercial Interior Resources of Irvine. This project involves replacing aging carpets at the Central Library (1000 Avocado Ave.), OASIS Senior Center (801 Narcissus Ave.) and VJ Community Center (1300 Irvine Ave.).

RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Find the bid submitted by Rod-West Floor Covering LLC to be non-responsive; d) Award Contract No. 9750-1 to Commercial Interior Resources for the total bid price of $151,070 for the Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement, and authorize the Mayor and City Clerk to execute the contract; e) Establish a contingency of $15,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

DISCUSSION:

As part of the annual Facilities Maintenance Master Plan (FMMP) program, staff identified carpet at Central Library, OASIS Senior Center and VJ Community Center Carpet as needing replacement. These carpets receive intense use by the public and are aging and badly stained in places.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321, [email protected]
TITLE: Central Library, O ASIS Senior Center and VJ Community Center Carpet Replacement – Award of Contract No. 9750-1 (25F02) 271
Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement – Award of Contract No. 9750-1 (25F02)
May 13, 2025

Page 2 ends

9-2
At 2 p.m. on April 2, 2025, the City Clerk opened and read the following bids for this project:

BIDDER TOTAL BID AMOUNT
Low Rod-West Floor Covering LLC $135,775.00
2nd Commercial Interior Resources $151,070.00
3rd Lawrence W. Rosine Co. $244,300.00
4th Floor Tech America $269,550.00

The City received four bids. The apparent low bidder, Rod-West Floor Covering LLC, did not provide hard copy bid bonds as required by the project specifications. Due to the lack of hard copy of bid bonds, staff recommends that the bid from Rod-West Floor Covering LLC be found non-responsive.

The second lowest bidder, Commercial Interior Resources, possesses a California State Contractor’s License Classification “ C-15”, as required by the project specifications. A review of references for Commercial Interior Resources shows satisfactory completion of similar contracts for other public agencies including the City of Orange, the City of Cerritos, the California Community College System, Los Angeles County Library, the City of Glendale and Los Alamitos Unified School district.

Commercial Interior Resources ’ bid was approximately 37% below the Engineer’s Estimate of $ 240,000. Pursuant to the contract specifications, the contractor will have eight consecutive weeks to complete the project. Work is scheduled to start in fall 2025.

The project plans and specifications will be available for review at the May 13, 2025 City Council meeting or upon request.

FISCAL IMPACT:

The adopted Capital Improvement Program budget includes sufficient funding for the award of this contract. The following funds will be expended:

Account Description Account Number Amount
FMMP Facilities Maintenance CIP 57101-980000-25F02 $ 169,000

Proposed fund uses are as follows:

Vendor Purpose Amount
Commercial Interior Resources Construction Contract $ 151,070 Commercial Interior Resources Construction Contingency $ 15,000 Various Printing & Incidentals $ 2,930
Total: $ 169,000

Staff recommends establishing $15,000 (approximately 10% of total bid) for contingency purposes and unforeseen conditions associated with construction. 272
Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement – Award of Contract No. 9750-1 (25F02)
May 13, 2025

Page 3 ends

9-3

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this project exempt from the Califor nia Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Map

273

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LOCATION MAP

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-7719-1 08/25/20
Attachment A
9-4
274

10-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

May 13, 2025
Agenda Item No. 10

ABSTRACT:

The City of Newport Beach currently contracts with a third -party vendor to monitor short-term lodging compliance and provide a 24/7 complaint hotline. With the existing agreement with GovOS Inc. expiring on August 31, 2025, staff recommends that the City Council approve a new five -year agreement with Deckard Technologies. The proposed agreement includes compliance monitoring, rental activity reporting, public outreach, and a 24/7 bilingual hotline service, for a total not -to-exceed amount of $243,750 over the term of the contract.

RECOMMENDATIONS:
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 Professional Services Agreement with Deckard Technologies , Inc. for Short-Term Lodging Compliance and Hotline for five years for a not-to-exceed amount of $243,750 piggybacking off the procurement of the City of Oxnard’s formal solicitation; and
c) Authorize the Mayor and the City Clerk to execute the agreement.

DISCUSSION:

The City’s current agreement for short -term lodging (STL) compliance monitoring and 24/7 hotline services with GovOS Inc. is set to expire on August 31, 2025. To ensure continuity of services and improved capabilities, staff recommends City Council approval of a new five -year professional services agreement with Deckard Technologies, Inc. (Deckard).

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jason Al-Imam, Finance Director/Treasurer - 949-644-3126, [email protected]
PREPARED BY: Heather Nichols, Assistant Management Analyst - 949-644-3148, [email protected]
TITLE: Professional Services Agreement with Deckard Technologies, Inc. for Short-Term Lodging Compliance & Hotline
275
Professional Services Agreement with Deckard Technologies, Inc. for Short-Term Lodging Compliance & Hotline
May 13, 2025

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Under the proposed agreement, Deckard will provide comprehensive STL monitoring and compliance services utilizing its Rentalscape platform. This platform will identify all active STL properties within the city; analyze rental activity including revenue, booking trends, nightly rates, and platform usage ; and flag ordinance vio lations such as missing permit numbers, excessive occupancy, and unauthorized listings. Monthly reports will include detailed data on property addresses, ownership and permit history to assist with enforcement and policy evaluation.

To further support comp liance with the Newport Beach Municipal Code, Deckard will conduct an outreach campaign to encourage property owner registration and adherence to STL regulations. In addition, the agreement includes operation of a U.S. -based, bilingual, 24/7 complaint hotl ine and online complaint submission system to address community concerns in real time.

In accordance with Purchasing Policy AP-001, Section 4.2, the City is authorized to utilize “piggybacking” procurement methods, allowing the use of another agency’s competitively bid contract executed within the prior 24 months. The City obtained and reviewed the City of Oxnard’s Request for Proposals for similar services, and the purchasing and contracts administrator confirmed the agreement is in compliance with the City’s purchasing policy.

FISCAL IMPACT:

The adopted budget includes sufficient funding for this purchase. It will be expensed to the Services Professional account in the Finance Department, 0103031-811008.

ENVIRONMENTAL REVIEW:

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Professional Services Agreement with Deckard Technologies, Inc. for Short-Term Lodging Compliance & Hotline
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May 13, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Page 302 ends

pool users for swim lessons and lap swimming use reside in Newport Beach and 90% in the Newport-Mesa area.”
[See video. In response to the Mayor’s question, Director Levin displayed his Slide 16

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Received After Agenda Printed
May 13, 2025
Written Comments
299
May 13, 2025, City Council agenda comments - Jim Mosher Page 2 of 3 Item 6. Resolution No. 2025-22: Accept State of California, Department of

Parks

and

Recreation,

Division

Boating

and

Waterways

2025

Grant

for

the

Marina

Park

Boating

Program
As explained in the last paragraph of the first page of the resolution (on page 6-4 of the staff report),

one

the

reasons

the

acceptance

grants

than

$30,000

comes

before

the

Council

for

approval

the

Council

can

review

the

terms

and

conditions

accepting

the

grant.

Given the more than 100 pages of grant documents that follow, the location of the terms and conditions

not

immediately

apparent.

So,

would

have

been

helpful

for

the

report

indicate

the

City

will

incur

any

obligations

result

accepting

this

grant,

and

so,

what

they

are.

Item 10. Professional Services Agreement with Deckard Technologies, Inc.

for

Short-Term

Lodging

Compliance

this

service?

Has

GovOS

Inc.

been

put

notice

they

will

terminated

before

staff

knows

the

contract

with

their

replacement

vendor

will

approved?

would

for

the

revised

resolution

return

for

the

Council’s

concurrence

future

meeting

(typically

the

consent

calendar).

adopted,

has

number

defects.

Among

them,

both

the

title

and

the

operative

clause

Section

2 incorrectly

state

that

the

Council

voted

“uphold”

the

Planning

Commission’s

(and

Zoning

Administrator’s)

approval

the

permit.

fact,

after

the

public

hearing

had

closed,

the

Council,

exercising

what

believed

prerogatives

under

mandatory

noise

mitigation

measures,

relying

only

the

operator’s

compliance

with

the

1 Technically, Subsections 20.64.030.D and 20.64.030.D allow the Council only to add conditions of approval,

not

remove

them,

although

Subsections

20.64.030.D,1,c

and

20.64.030.D,1,c

imply

the

appellant

could

have

filed

the

appeal

with

request

conditions

deleted
.

300
May 13, 2025, City Council agenda comments - Jim Mosher Page 3 of 3 City’s Community Noise Control regulations - despite the applicant’s own noise consultant concluding such compliance would be possible only with the proposed mitigation measures (including

10 p.m.

closing

time).

the

hearing,

not

merely

previously-imposed

conditions

approval.

Yet,

with

the

revised

resolution,

the

Council

has

not

merely

modified

conditions

approval

the

Planning

Commission

thought

necessary

make

the

project

work,

but

has

effectively

approved

project

different

from

the

one

that

was

noticed

for

hearing,

and

regarding

which

the

public

had

chance

comment

since

the

Council

announced

would

considering

that

modified

project

only

after

the

hearing

had

been

closed.
2 Regarding the last-minute changes, I am not sure the Council members were aware that the City

noise

standards

are

(quite

reasonably)

stricter

between

10 p.m.

and

7 a.m.

than

they

are

during

the

remaining

hours.

The

sound

wall

and

10 p.m.

closing

cited

the

hearing

notice

appear

have

been

included

project

features,

rather

than

mere

conditions

approval,

because

Five

Crowns’

own

noise

consultant

had

concluded

that

even

with

those

features,

events

the

sort

Five

Crowns

wants

hold

would

just

barely

meet

the

lenient

amplified

sound

adjacent

residential

uses

has

been

permitted

after

10 p.m.

By not informing the public such a thing was even under consideration, and for the other procedural

deficiencies

cited

above,

the

April

29th

decision

agenda

Item

22 seems

ripe

for

reconsideration,

and

the

Council

should

request

properly-noticed

future

re-hearing

it.

2 The YouTube video at 2:04:00 shows the Mayor denying an audience member’s request to comment after

the

potential

revisions

the

project

had

been

announced.

second

request

appears

have

been

denied

at
2:39:50.

301

_-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

May 13, 2025
Agenda Item No. __
ABSTRACT:

The City of Newport Beach relies on contracted medical providers to conduct various health screening services as required per applicable employment laws, City policies and employment procedures, and Memorandums of Understanding (MOUs) with employee bargaining groups. Following a Request for Proposals (RFP) selection process, the Fire and Human Resources Department s recommend approval of on -call agreements with Hoag Clinic, DBA Hoag Executive Health (Hoag) and The University of California at Irvine, Joe. C. Wen School of Population & Public Health, through its Center for Occupational and Environmental Health (UC Irvine) to provide health screening services.

RECOMMENDATIONS:
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 an On -Call Professional Services Agreement with Hoag Clinic , dba Hoag Executive Health, on a form approved by the City Attorney, with a not -to-exceed amount of $925,000 and a five-year term; and
c) Approve an On -Call Professional Services Agreement with The Regents of the University of California on behalf of the University of California at Irvine Joe C. Wen School of Population and Public Health, on a form approved by the City Attorney, with a not-to-exceed amount of $500,000 and a five-year term.

DISCUSSION:

Background
The City uses contracted health screening service providers to conduct a range of required medical screening services. S ome services are tied to pre -employment requirements and City policies; others are specific to MOUs. The Human Resources Department oversees most health screening services, while the Fire Department oversees the annual physical process for its Fire Operations and Life guard Operations personnel. The following sections provide an overview of the services typically conducted.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jeff Boyles, Fire Chief - 949-644-3101, [email protected] PREPARED BY: Raymund Reyes, Administrative Manager – 949-644-3352, [email protected]
TITLE: Approval of On-Call Health Screening Services Agreements 302
Approval of On-Call Health Screening Services Agreements May 13, 2025

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Pre-Employment Physical Examinations
Pre-employment physical examinations are currently administered at two levels. Class II exams consist of a basic physical, vital sign check, urine drug screening, tuberculosis testing, and vision test, along with a complete medical and health history review by a physician, including a review of the job description . This exam is required for seasonal lifeguard, recreation leader, and maintenance/trade positions. Class III exams include the Class II exam plus comprehensive lab work, stressed and non -stressed electrocardiography (ECG) tests, a hearing exam, and spirometry measurements. Class III exams are required for all public safety positions.

Fitness for Duty Evaluations

A fitness for duty evaluation is required following an injury and prior to returning to full duty. This involves a complete medical, occupational and relevant history review by a physician, physical examination, recommendations by the examining physician for additional diagnostic studies or consultations, and a physician’s completion of a “Employer Exam Report,” which indicates the employee’s work status.

DOT / DMV Specific Testing
Positions that require a commercial driver’s license undergo California Department of Motor Vehicle (DMW) specific physicals, along with both pre-employment and random drug and alcohol tests . The drug and alcohol test s are Department of Transportation (DOT) compliant and use chain-of-custody protocols per City policy.

Miscellaneous Tests
Various other tests and labs are utilized depending on the City’s needs and requirements for a specific position. These can include specialized labs, hepatitis titers, rabies vaccinations for animal control personnel, respiratory fit testing (used for employees that use respiratory protection equipment, such as firefighters ), skin screening services for lifeguards (as mandated under their respective MOUs), and more.

Fire Department Annual Physicals
Annual physicals are more comprehensive than the Class III pre-employment physicals; they consist of a detailed review and evaluation of an employee’s medical history, a complete physical workup, a review of medical systems ( including cardiovascular, gastrointestinal, endocrine, neurological systems), fitness assessments, ECG tests, X - rays, vision/hearing tests, urinalysis, and post-screening reviews. Annual physicals assist in maintaining an optimal level of health for Fire and full -time lifeguard personnel, providing reassurance that personnel are fit for duty.

Fire Department Policy incorporates a fitness program that includes an annual physical component. Pa rticipation in the program is also outlined within the Newport Beach Firefighters Association, Lifeguard Management Association, and Newport Beach Fire Management Association MOUs. The program and the physicals are intended to support 303
Approval of On-Call Health Screening Services Agreements May 13, 2025

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the physical health a nd overall well -being of public safety personnel and mitigate protentional health impacts related to their duties.

Per the terms of the Key and Management Compensation Plan, employees in the Executive Management classification are also eligible for similar, executive-level annual physicals.

Procurement and Selection Process
Following a 2020 RFP process for health screening services , the City Council approved agreements with the top four ranking providers (from a field of nine proposals) at the December 8, 2020 City Council meeting. Newport Center Medical Group (Newport Center Medical) was selected to provide Fire Department annual physicals; Hoag was selected for executive physicals, lifeguard skin screenings, and Class III examinations; Marque Medical Clinic, Inc. (Marque Medical) would provide DMV physicals, Class II exams, drug and alcohol testing, plus various testing and other services; and Sand Canyon Medical Group (Sand Canyon Medical) would provide Class II and Class III exams and DMV physicals. All agreements were given five-year terms with an expiration date of November 15, 2025; not-to-exceed compensation amounts were adjusted to reflect estimated use.

In summer 2023, Newport Center Medical announced that its practice would be transitioning to a personalized, concierge-style medical practice and would no longer be available for use by the Fire Department . In 2024, the Fire Department continued the department’s fitness program with a temporary pause on annual physicals and began discussions with the Human Resources Department on a new procurement process . It was agreed that a procurement could be started in advance of the November 2025 termination dates of the remaining contracts . A new RFP for on -call health screening services was posted via the City’s public bidding portal (PlanetBids) in November 2024. 194 medical service providers were notified through PlanetBids; 23 prospective bidders viewed or downloaded the RFP, and seven proposers submitted a response by the January 28, 2025 deadline.

One of the firms, Rancho Santiago Community College Distric t (Santa Ana College) , submitted a response for the provision of health and wellness courses and not medical screening services. Santa Ana College was contacted and informed that they would be considered non-responsive; Fire Department staff already enroll in course offerings from Santa Ana College as part of the department’s fitness program.

Due to the medical professional nature of the service, the procurement was conducted as a qualifications-based RFP in accordance with the City’s Administrative Policies and Procedures. Proposal evaluations were rated solely on qualifications, experience, method of approach, familiarity with the services requested, understanding of employment-related medical testing , and expertise in various health and medical regulations. Following a technical review and evaluation of all proposals by a combination of Human Resources and Fire Department personnel, Hoag and UC Irvin e were ranked as the two highest scoring proposers.

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Firm Name: Total Weighted Score Rank:

Hoag Executive Health 3765 1
University of California Irvine 3680 2
On Duty Health, PC 2800 3
Pinnacle Training Systems 2780 4
UCI Health 2075 5
Arogya Med Care 575 6
Both Hoag and UC Irvine submitted proposals detailing premier medical facilities, experienced staff, organized procedures, and high-quality medical services. Hoag is well- versed in providing comprehensive annual physicals. It operates two of th e largest and most successful specialty clinical exam programs in the western United States; the Hoag First Responder Program and the Hoag Executive Health Program. UC Irvine’s Center for Occupational and Environmental Health (COEH) , under the Joe C. Wen School of Population and Public Health, is the only university-based occupational medicine practice in Orange County. UC Irvine boasts extensive experience in occupational medicine and previously provided the City with health screening services from approximately 2001 to 2019; it currently provide s medical screening services for the Orange County Fire Authority.

Staff is requesting City Council approval of agreements with Hoag and UC Irvine for on- call health screening services . Hoag would primarily be used for the Fire Department’s annual physicals while UC Irvine would provide pre-employment exams and other City health screening needs. However, given the capabilities of both providers, the Human Resources and Fire Departments w ould have the operational flexibility of using either contract to ensure the best use of available resources and funding, depending on the need.

FISCAL IMPACT:

Although this was a qualifications-based RFP process in which costs were not considered as part of the evaluation/scoring pro cess, staff did review each of the top three ranked firms’ cost proposals to confirm if pricing was within a reasonable range of one another.

Staff also looked at the 2020 agreement rates, considered the inflationary and market trends that have been preval ent over the last several years, and the use of outside laboratories for lab testing by most clinics. Standard pre -employment physicals saw typical increases from 2020 agreement rates; lab tests varied but most changes were minor.

The rate offered by Hoag is $1,250 for fire department annual physicals, while UC Irvine’s costs are $1,194. Hoag and UC Irvine rates for executive and fire department physicals were within reason of one another. The third -ranked firm (On Duty Health) was approximately $700 highe r than either provider due to its service delivery model being completely mobile. There are approximately 146 employees that are eligible for annual physical services. This includes firefighters, firefighter-paramedics, engineers, captains, and other positions designated in the Newport Beach Fire Association MOU; permanent lifeguard staff consisting of officers, captains, lifeguard battalion chiefs; and sworn 305
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management and executive positions including the fire chief, assistant chiefs, and battalion chiefs.

The department currently budgets $92,458 towards annual physicals, lab work, and related as-needed medical/health screening services. Assuming a 90-100% participation rate for eligible Fire Department employees, plus any as -needed lab work or tests, it is estimated that annual costs with Hoag could approach up to $185,000 annually. A five- year on -call agreement with a not -to-exceed compensation amount of $9 25,000 is proposed. Additional funding of $91,000 is requested. If approved, the Fire Department Physicals Account, 01040401-811016, will be increased from $92,458 to $183,458 as part of the Fiscal Year (FY) 2025-26 budget.

Citywide pre-employment physicals, fit-for-duty exams, and other related exams and tests are funded through the Human R esources Department. Services are paid out of the Human Resources Physicals Account, 01025005 -811016. The proposed General Fund Budget for FY 2025-26 already includes a $25,000 increase to this account. A five-year agreement with UC Irvine , with a not -to-exceed compensation amount of $500,000 , is proposed.

ENVIRONMENTAL REVIEW:

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Scope of Services
Attachment B – Hoag Rate Sheet
Attachment C – UC Irvine Rate Sheet
306

SCOPE OF SERVICES
RFP No. 25-22 13

ATTACHMENT A
11-6
307

SCOPE OF SERVICES

Objective:

The City of Newport Beach (“City”) is seeking proposals from qualified licensed medical providers in and around the Orange County and Newport Beach area to provide occupational medical services, pre-employment health examinations, and other related medical services for City employees, safety personnel, Department of Transportation (DOT) - regulated positions, and support staff as required on an on-call/as-needed basis. Experience in occupational health services, pre-employment examinations, with California local governments, specifically fire and/or emergency response service agencies are desirable.

Contract Term: Five (5) years
Minimum Qualifications:

The ideal service provider will:
x Possess extensive experience providing high quality, timely, and cost-effective medical services in the public sector environment.

x Demonstrate a sound understanding of laws associated with employment-related medical testing.

x Demonstrate adequate personnel, capital resources, required knowledge, expertise, experience, innovation, insight and customer service skills to deliver the requested services.

x Possess working knowledge in the subject areas of occupational health, the Americans with Disabilities Act (ADA), U.S. Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA), Health Insurance Portability and Accountability Act (HIPPA), Department of Fair Employment and Housing (DFEH), National Fire Protection Association (NFPA) guidelines, and other State and Federal regulations and/or guidelines which may apply to the City’s workforce.

x Thorough knowledge of the essential physical, psychological and environmental components for various City Department job classifications is highly desirable.

x Meet the insurance requirements detailed in this RFP document.

x Selected vendor shall maintain a City of Newport Beach business license during the term of this Agreement.

Note that any unsatisfactory references or unsatisfactory work performance with the City may eliminate the proposer from further consideration.

Proposers who do not meet the Minimum Qualifications may be disqualified.

RFP No. 25-22 14
11-7
308

SCOPE OF SERVICES

Description:

For purposes of identification, this RFP classifies the types of employee screening services typically requested by the City into ten (10) sections:

1. Class I Examinations

2. Class II Examinations

3. Class Ill Examinations

4. Executive Management Positions Evaluation

5. Fitness for Duty Evaluation

6. Annual Fire Department Physical and Medical Evaluation

7. Skin Screening Services

8. Cardiac and Other Specialized Tests

9. Lab Work

10. Additional Miscellaneous Tests and Services

*NOTE* The City reserves the right to retain multiple consultants as the result of this RFP solicitation. As such, please clearly demonstrate in your submittal which of the 10 services/screenings you intend to provide. The City does not expect any single provider to be able to provide ALL 10 screenings.

**Additionally, those who wish to provide annual physicals for Fire Department personnel may choose to provide information related to additional service offerings above and beyond the standard physical as described herein.

The tables below detail each type of screening and the City requirements related to them. It is the City’s intention to identify multiple proposers to address the entire breadth of services requested.

1. Class I Examinations
Complete medical and health history review by physician, including a review of job description.

A physical examination will include:

1.1 Vital signs: temperature, blood pressure, pulse, respiration, height, weight, pain scale

1.2 Skin, HEENT, lungs, heart, abdomen, extremities, range of motion (back and extremities), grip testing

1.3 Hernia exam (umbilical/inguinal)

1.4 Physician summary, clearance and comments

1.5 Urine Drug Screen (7 drug panel, no alcohol)

2. Class II Examinations
Complete medical and health history review by physician, including a review of job description.

A physical examination will include:

2.1 Vital signs: temperature, blood pressure, pulse, respiration, height, weight, pain scale RFP No. 25-22 15
11-8
309

SCOPE OF SERVICES

2.2 Skin, HEENT, lungs, heart, abdomen, extremities, range of motion (back and extremities), grip testing

2.3 Hernia exam (umbilical/inguinal)

2.4 Urine Drug Screen (7 drug panel, no alcohol)

2.5 TB skin testing (one step)

2.6 Vision testing: Titmus

2.7 Physician summary, clearance and comments

3. Class III Examinations
Complete medical (including immunization history) and health history by physician, including a review of job description.

A physical examination will include:

3.1 Vital signs: Temperature, blood pressure, pulse, respiration, height, weight, pain scale

3.2 Skin, HEENT, lungs, heart, abdomen, extremities, range of motion (back and extremities), grip testing

3.3 Hernia exam (umbilical/inguinal)

3.4 Urine drug screen (seven drug panel, no alcohol)

3.5 TB skin testing (quantiferon)

3.6 Vision testing, titmus

3.7 Resting ECG

3.8 Exercise ECG (submaximal HR treadmill test) * Must indicate if testing will be onsite*

3.9 Audiogram

3.10 Spirometry

3.11 Labs: CBC, comprehensive metabolic panel, lipid panel, U/A (microscopic analysis)

3.12 Physician summary, clearance and comments

4. Executive Management Positions Evaluation
Executive physicals include a traditional comprehensive medical evaluation. The goal of the examination is to detect medical conditions at an early stage, to identify health risk factors and habits which can negatively impact health, and to refer the individual to appropriate community health care providers for additional testing or follow-up for identified problems.

An evaluation will include:

4.1 Review of medical and occupational history

4.2 Health risk assessment questionnaire

4.3 Core physical examination

4.4 Spirometry

4.5 Vision testing, Snellen

4.6 Resting EKG

4.7 Fitness treadmill * Must indicate if testing will be onsite*

4.8 CBC with differential

4.9 Comprehensive metabolic panel

4.10 Lipid profile

4.11 Prostate specific antigen (PSA) for males >50 years of age

4.12 Urinalysis: microscopic
RFP No. 25-22 16
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SCOPE OF SERVICES

4.13 Urine drug screen: seven drug panel, no alcohol (New hire and pre-placement only)

4.14 Breast exam for women (optional)

4.15 Digital rectal exam for men over 50 years of age (optional)

4.16 Audiogram
A Health Risk Assessment will include:

4.17 A detailed questionnaire that assesses the individual’s risk factors such as family history, lifestyle factors, weight, and the results of certain tests and measurements such as cholesterol and waist-hip ratios and other factors. The results and interpretation will be discussed with the participant.

5. Fitness for Duty Evaluation – Prepare “Case” File and Use an Encounter Form

5.1 A complete medical, occupational and relevant history review by a physician, physical examination, recommendations by examining physician for additional diagnostic studies or consultations, physician’s completion of “Employer Exam Report,” which indicates work status. Record OEM consulting physician time.

5.2 Prepare a “case” file and use an encounter form

6. Annual Fire Department Physical/Medical Evaluation
The annual Fire Department physicals/medical evaluations performed by a California licensed Physician will include a (1) Comprehensive Evaluation, (2) Screening Procedures, and (3) Summary Reports.

A comprehensive evaluation will include:

6.1 Perform a complete review of medical and health history

6.2 Perform a complete physical examination

6.3 Height and weight measurements

6.4 Blood pressure and heart rate

6.5 Review of medical systems including, but not limited to, cardiovascular, respiratory, gastrointestinal, genitourinary, endocrine, hematology, neurological, and musculoskeletal

6.6 Review fitness assessment results*

6.7 Review 12-lead ECG from graded treadmill exercise*

6.8 Review of the below screening results*
Screening* Procedures will include:

6.9 Urinalysis

6.10 Hemoccult (Screen for colon cancer)

6.11 Vision test for distance

6.12 Hearing test

6.13 Chest x-ray, two views every three years

6.14 Flexible sigmoidoscopy for individuals over 50 years of age

6.15 Physician monitored treadmill (12-lead ECG) for individuals with high to very-high score on coronary risk profile or physician’s decision based on ECG review from graded treadmill results
*Assessments and screening (labs) may be performed at another facility. Results will be provided by NBFD for physician’s review.

Summary Reports will include:

6.16 "Fit for Duty" report to Fire Department and Human Resources; RFP No. 25-22 17
11-10
311

SCOPE OF SERVICES

6.17 Personal participant folder with test results, physician's summary and recommendations, and a copy of the "fit for duty" form.

7. Skin Screening

7.1 Annual skin cancer screening performed by a California licensed Dermatologist.

8. Cardiac and Other Specialized Tests

8.1 As a result of the Annual Medical Evaluation, the City may require specialized diagnostic testing services including but not limited to Cardiac Stress Tests; Magnetic Resonance Imaging (MRI); or Computer Axial Tomography (CT or CAT Scan).

9. Lab Work

9.1 Venipuncture

9.2 Professional lab work including, but not limited to, Hepatitis B, Hepatitis C, PSA, RBC, plasma cholinesterase, C-reactive protein, and any other specialized test that may be ordered by a physician

9.3 Analysis and report of results

10. Additional Misc. Tests
The following tests may be requested by the City (these may include, but not be limited to):

10.1 Farnsworth D-15 (Police Officers additional color vision testing per POST)

10.2 Titers:

Hepatitis B, varicella and MMR (if born after 1956) if no documentation of immunizations or illness (chickenpox);
Hepatitis C (Pre-placement for Police, Firefighters, Career Lifeguard and Rescue workers)

10.3 Tetanus Diptheria booster or Tetanus diphtheria acellular pertusis, if not documented

10.4 Hepatitis B immunization (Post hire)

10.5 Hepatitis A immunization (Post hire)

10.6 MMR Immunization (Post hire)

10.7 Rabies Vaccination (Animal Control personnel)

10.8 Spirometry

10.9 DMV Physical - Medical exam to ensure drivers are capable and fit to perform in job assignments that require a commercial driver’s license

10.10 DOT Drug Screen - Pre-employment and random drug and alcohol testing of employees in safety-sensitive positions that require a commercial driver’s license. Testing needs to be DOT compliant utilizing chain-of-custody forms/protocols per City policies and procedures

10.11 Respiratory Fit Testing – Initial fit testing for employees in a position that may require use of respiratory protection equipment. Surveillance after initial test with questionnaire reviewed by medical professional. Follow up call and/or medical examination may be required depending on the content of the questionnaire.

RFP No. 25-22 18
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SCOPE OF SERVICES

10.12 Ultrasound – various (must indicate whether these are performed onsite)

RFP No. 25-22 19
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313

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ATTACHMENT B 314

11-14315
11-15
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11-16
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UCI COEH - COST FILE

PROPOSED PRICING – HEALTH SCREENING SERVICES
*Please refer to the Scope of Services for details involving each type*

Service/Screening Type Cost Per Service / Per Person

1. Class 1 Examination

$ 335

2. Class 2 Examination

$ 435

3. Class 3 Examination

$ 984

4. Executive Management
Positions Evaluation

$ 984 with a treadmill and $750 without a treadmill*

5. Fitness for Duty Evaluation

$ 450/per hour

6. Annual Fire Department
Physical/Medical
Evaluation**

$ 1194

7. Skin Screening

$ 558 by referral to UCI
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ATTACHMENT C
319

COST FILE

8. Cardiac and Other Specialized
Tests
(including but not limited to Cardiac
Stress Tests; Magnetic Resonance
Imaging (MRI); or Computer Axial
Tomography (CT or CAT Scan)

8a. Physician Monitored Cardio Stress
Test
$ 394 by referral to UCI
8b. Complete Echo 2D M-Mode

$ 500 by referral to UCI
8c. Complete Echo Doppler

$ 450 by referral to UCI

8d. Complete Echo, Color Flow

$ 450 by referral to UCI
8e. ECG Tracing
$ 98
8f. ECG Report

$ 98

8g. Staff Monitored Stress Echo
Exercise, Exercise Stress

$ 680 by referral to UCI
8h. Stress Echo, Tracing Only, Without
lntrep & Report

$ 570 by referral to UCI
8i. Stress Echo, Interpretation &
Report Only

$ 350 by referral to UCIcc

8j. Treadmill Test- Fitness Assessment
$ 234

9. Lab Work
9a. Profile (CBC, CMP, LIPID

PROFILE)

$ 61
9b. Quantiferon-TB Gold

$ 82
9c. Varicella-Zoster AB, lgG

$ 142
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COST FILE

9d. Vitamin D 25 OH, Total

$ 30
9e. PSA

$ 48
9f. CRP

$ 7
9g. Iron

$ 7
9h. Iron Binding

$15
9i. TSH 3rd gen*

$ 18
9j. MMR

$ 87
9k. Venipuncture

$ 3
9l. Hepatitis B

$ 84
9m. Hepatitis C

$ 50
9n. PSA

$ 81
9o. RBC

$ 30
9p. C-Reactive

$ 7
9q. Hemoglobin A1c

$ 6
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COST FILE

10. Additional Miscellaneous Tests

10a. Farnsworth D-15 (Police Officers
additional color vision testing per
POST)

$83
10b. Titers:

Hepatitis B, varicella and MMR (if born
after 1956) if no documentation of
immunizations or illness (chickenpox);

Hepatitis C (Pre-placement for Police,
Firefighters, Career Lifeguard and
Rescue workers)

$38, $35, $53, $50

$ 176
10c. Tetanus Diphtheria booster or
Tetanus diphtheria acellular pertussis, if
not documented

$ 72 Tdap, $41 Tetanus
10d. Hepatitis B immunization (Post
Hire) $ 84
10e. Hepatitis A immunization (Post
hire).

$ 95
10f. MMR Immunization (Post hire).
$ 87
10g. Rabies Vaccination (Animal
Control Personnel).

$ 180
10h. Spirometry
$ 83
10i. DMV Physical
$ 210
10j. DOT Drug Screen
$ 56
10k. Respiratory Fit Testing

NOTE- Depending on Scheduling - Fit Testing maybe
available – we can discuss during negotiations.

COEH Can provide
Surveillance Questionnaires $55, with phone call add $55 additional
Additional: Flexible sigmoidoscopy
(individuals over fifty)
– without Biopsy $227 with Biopsy $272 by referral to
UCI

Note: Any service or procedure not specified above will be negotiated on a case-by-case basis

Price will be based on actual referral cost to the provider

*Treadmill will be deducted if not preformed

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COST FILE

Other Costs: In the space below, please indicate any other costs that may be associated with providing the requested services in this RFP that are not included in the table above, or any other tests/examinations that would be of benefit to the City’s needs. The costs provided in this section will not be used to assist in the determination of the contract award.

Should additional space be required, use a separate page(s) and attach as part of the Cost File.

The undersigned certifies that submission of this Proposal is made without prior understanding, arrangement, agreement, or connection with any corporation, firm or person submitting a Proposal for the same services and is in all respects fair and without collusion of fraud. The undersigned certifies that they have not entered into any arrangement or agreement with any City of Newport Beach public officer. The undersigned understands collusive practices are a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

1/28/25

Proposer Signature Date

Bernadette Boden-Albala, Founding Dean, Wen Public Health Printed Name and Title

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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

May 13, 2025
Agenda Item No. 12

ABSTRACT:

Assembly Bill (AB) No. 2561 adds Government Code section 3502.3 to the Meyers-Milias- Brown Act (MMBA), imposing new obligations on public agencies, requiring them to report on their job vacancies and recruitment efforts at least once per fiscal year, pri or to the adoption of the budget. The law provides employee organizations with the opportunity to present their views and, depending upon the vacancy level, request additional information on vacancies within their bargaining units. AB 2561 is designed to help avoid the negative effects understaffing has on the delivery of public services as well as on public employees.

DISCUSSION:

Effective January 1, 2025, California Government Code requires the City of Newport Beach to publicly report informat ion regarding vacancy rates and recruitment and retention efforts. This reporting must be done at least once a fiscal year, prior to budget adoption. The presentation must include tracking vacancies and reporting on the City’s recruitment and retention efforts. Additionally, the public hearing provides an opportunity to identify any policies, procedures and/or recruitment efforts which may create challenges in the City’s hiring process. In those cases, the City should also identify potential changes to alleviate any hiring obstacles.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Barbara J. Salvini, Human Resources Director - 949-644-3300, [email protected]
PREPARED BY: Sarah Rodriguez, Human Resources Manager - 949-644-3301, [email protected]

TITLE:

Status of City of Newport Beach Vacancies and Retention Efforts Pursuant to Government Code Section 3502.3
324
Status of City of Newport Beach Vacancies and Retention Efforts Pursuant to Government Code Section 3502.3
May 13, 2025

Page 2 ends

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If the vacancy rate in a particular bargaining unit exceeds 20% of the total number of authorized full -time positions, that bargaining unit’s labor representative may request additional information which the City must provide, including the total number of job vacancies within the bargaining unit; the total number of applicants for the bargaining unit’s vacant positions; the average number of days to complete the hiring process once a position has been posted; and what opportun ities exist to improve compensation and other working conditions. Employee organizations are also permitted to make a presentation at the public hearing when the City makes its presentation.

The City has seven full-time employee collective bargaining associations, one full-time employee union, and one unrepresented full-time group (collectively referred to as units).

Based on the current data, none of the units ha s a vacancy rate exceeding 20% of the total number of authorized full -time positions. The specific vacancy information is contained in Table A:

Table A

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to 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 d efined 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. 325
Status of City of Newport Beach Vacancies and Retention Efforts Pursuant to Government Code Section 3502.3
May 13, 2025

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12-3

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Status of City of Newport Beach Vacancies and Recruitment and Retention Efforts PowerPoint

326
AB 2561 PRESENTATION
Status of City of Newport Beach Vacancies and
Recruitment and Retention Efforts
May 13, 2025

ATTACHMENT A
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VACANCY INFORMATION – BARGAINING UNITS
2 Full-Time Position Vacancy
Bargaining Unit Budgeted Positions
(FTE for FY '24-'25) Positions Filled Vacancies (#) Vacancies (%) City Employees Association 99 96 3 3%
League Employees Association 106 104 2 2%
Fire Association 125 119 6 5%
Fire Management Association 4 4 0 0%
Lifeguard Management Association 11 11 0 0%
Police Association 199 189 10 5%
Police Management Association 33 33 0 0%
Professional and Technical
Employees Association 92 90 2 2%
Total 669 646 23 3%
Vacancy (Position Control) 1st Quarter, 2025.

Unrepresented Group Budgeted Positions
(FTE for FY '24-'25) Positions Filled Vacancies (#) Vacancies (%) Key & Management 103 99 4 4%
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RECRUITMENT AND RETENTION
3 Recruitment Highlights for Fiscal Year 2024-2025
• Online Job Interest Cards Received: 2,662 cards
• Job Applications Received: 6,581 applications
• Recruitments Opened: 48 recruitments
• New Employees Hired: 90 employees
• Promotions/Appointments: 47 employees
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RECRUITMENT AND RETENTION
4 City Competitive Benefits
Work Schedules Offered 5/40, 9/80, 4/10
Salary Adjustments Cost of living salary increases (*MOU Driven) Retirement Benefits
California Public Employees Retirement System (CalPERS), Retiree Health Savings (RHS) Plan, Laborer’s International Union of North America (LIUNA)
Deferred Compensation (457 Plan) Optional participation. City-Paid contributions (*MOU driven) Paid Time Off Flex leave program
Paid Holidays 12 observed holidays and one floating holiday annually Medical Plans 12 medical plan options including dental & vision plans Cafeteria Plan Medical plan participants receive a monthly cafeteria allowance Medical Opt-Out Eligible employees may receive a opt-out cafeteria allowance Bereavement Leave 40 hours of paid leave
Life Insurance City-paid policy up to $50,000 in coverage Disability Insurance City-paid benefit
Employee Assistance Program (EAP) City-paid benefit
Tuition Reimbursement Up to $2,000 per fiscal year
Benefits may slightly differ per BU, refer to MOU.
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RECRUITMENT AND RETENTION
5 Bargaining Unit Competitive Benefits
City Employees Association The City matches Deferred Compensation contributions up to a maximum of $30 per month. Additional City matching based on years of service.
80 hours of telecommuting per year.

Professional and Technical
Employees Association
Employees League The City contributes $25 per month to Deferred Compensation for eligible members.

Fire Association/Fire Management
Association
The City matches Deferred Compensation contributions up to 1.5% of base salary for safety members in the 2%@50 or 2.7@57 retirement benefit tiers.

Police Association/
Police Management Association
The City contributes 2% of base salary to Deferred Compensation for all members.

Refer to MOU for details.
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VIEW THE FULL AGENDA >>

332

Newport Beach City CouncilMay 13, 2025

Newport Beach City Council
May 13, 2025