Newport Beach — 2024-03-14

IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room\nA. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter\nProperty: 301 E Balboa Blvd, Newport Beach, CA 92660 - APN: 048-082-01\nCity Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Wooding\nWhitlinger, Real Property Administrator.\nNegotiating Parties: Joseph Berkson, Marcus & Millichap, on behalf of Bobby Hanada and Linda Hanada\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of payment.\nB. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter\nBruna Shidler v. City of Newport Beach\nOrange County Superior Court, Case No. 30-2020-01164498-CU-PO-CJC\nV.

1. Minutes for the February 27, 2024 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes\ncommunity

2. Reading of Ordinances\nWaive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only.\nORDINANCE FOR ADOPTION

3. Ordinance No. 2024-5: Adding Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) to the Newport Beach Municipal Code\na) Find 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\nb) Conduct second reading and adopt Ordinance No. 2024-5, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) to Title 10 (Offenses and Nuisances) of the Newport Beach Municipal Code.\nStaff Report\nAttachment A - Ordinance No. 2024-5 Attachment B - Correspondence\nRESOLUTIONS FOR ADOPTION

4. Resolution No. 2024-13: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 2 Environmental Cleanup Program\na) 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\nb) Adopt Resolution No. 2024-13, 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 2 Grant Program.\nStaff Report\nAttachment A - Location Map Attachment B - Resolution No. 2024-13

5. Resolution No. 2024-14: Indefinitely Waiving Section A.1. of City Council Policy B-13to Allow for Alcoholic Beverages at the Annual Charity Polo Event Held at Peninsula Park\na) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor Alterations to Land) because it has no potential to have a significant effect on the environment; and\nb) Adopt Resolution No. 2024-14, A Resolution of the City Council of the City of Newport Beach, California, Indefinitely Waiving Section A.1 of Council Policy B- 13 to Allow for Alcoholic Beverages at the Annual Charity Polo Event Held at Peninsula Park.\nStaff Report\nAttachment A - Newport Beach Foundation Letter Attachment B - Resolution No. 2024-14 Attachment C - City Council Policy B-13

6. Resolution No. 2024-15: Authorization to Establish an Other Post-Employment Benefits Trust with Public Agency Retirement Services\na) 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;\nb) Adopt Resolution No. 2024-15, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Public Agencies Post-Employment Benefits Trust (PAPEBT) Administered by Public Agency Retirement Services (PARS), and Appointing the City Manager as the Plan Administrator; and\nc) Authorize the City Manager to negotiate and execute the documents to implement the program.\nStaff Report\nAttachment A - Historical Returns Attachment B - Resolution No. 2024-15

7. Resolution No. 2024-16: Appointing the City Manager as the Plan Administrator for the Public Agency Retirement Services (PARS), and Delegating Authority to the City Manager to Administer Other Employee Benefit Plans\na) 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;\nb) Adopt Resolution No. 2024-16, A Resolution of the City Council of the City of Newport Beach, California, Appointing the City Manager as the Plan Administrator for the Public Agency Retirement Services (PARS), and Delegating Authority to the City Manager to Administer Other Employee Benefit Plans; and\nc) Authorize the City Manager to negotiate and execute the documents to implement the 401(a) Defined Contribution Plan with Empower Trust Company, LLC.\nStaff Report\nAttachment A - Resolution No. 2024-16

8. Resolution No. 2024-17: Creating the Destination Marketing Services Ad Hoc Committee\na) 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;\nb) Adopt Resolution No. 2024-17, A Resolution of the City Council of the City of Newport Beach, California, Creating the Destination Marketing Services Ad Hoc Committee; and\nc) Confirm the appointments of Mayor Will O’Neill, Councilmember Brad Avery, and Councilmember Erik Weigand to serve on the Destination Marketing Services Ad Hoc Committee.\nStaff Report\nAttachment A - Resolution No. 2024-17\nMISCELLANEOUS

9. Planning Commission Agenda for the March 7, 2024 Meeting\nReceive and file.\nPlanning Commission Action Report & Tentative Schedule Planning Commission Agenda\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED\n\n\n11. City Membership in the League of California Cities\na) 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\nb) Direct staff not to renew the City of Newport Beach’s membership in the League of California Cities; OR\nc) Authorize staff to renew the City of Newport Beach’s annual membership in the League of California Cities.\nStaff Report