Newport Beach — 2024-06-11

IV. CLOSED SESSION - Council Chambers Conference Room\nA. CONFERENCE WITH LEGAL COUNSEL\nANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION\n(Government Code § 54956.9(d)(2) (e)(3)): 1 matter\nOn Aprill 22, 2024, Elise M. Kern with the law firm of Palmieri, Hennessey & Leifer,\nLLP, confirmed that Mr. Chris Benzen is inclined to pursue litigation against the City\nof Newport Beach if the City Council increases the rent for moorings, as\nrecommended by the Harbor Commission. A copy of the e-mail from Ms. Kern is on\nfile with the City Clerk located at 100 Civic Center Drive, Newport Beach, California\n92660, and is available for public inspection pursuant to Government Code Section\n54957.5.\nThe sole purpose of this Closed Session matter is to discuss the potential\nlitigation and not to discuss the Harbor Commission recommendation\nregarding mooring rental rates. Any change to mooring rental rates will be\nconsidered during a future open meeting of the City Council.\nJune 11, 2024\nB. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nProperty: 17902 Bushard St., Fountain Valley, California 92708 - APN:\n167-271-34.\nCity Negotiators: Seimone Jurjis, Assistant City Manager, Mark Vukojevic, Utilities\nDirector, and Lauren Wooding Whitlinger, Real Property Administrator.\nNegotiating Parties: Phuong Thanh Nguyen, Benjamin Bao Le and the Laguna\nBeach County Water District, a special dependent district of the City of Laguna\nBeach.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\nC. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nProperty: 406, 408, and 410 South Bay Front, Newport Beach, California 92662.\nCity Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding\nWhitlinger, Real Property Administrator.\nNegotiating Parties: Seymour Beek.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\nJune 11, 2024\nD. CONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 2 matters\n1. Agency Designated Representatives: Grace K. Leung, City Manager, and\nBarbara Salvini, Human Resources Director.\nEmployee Organizations: Association of Newport Beach Ocean Lifeguards;\nNewport Beach City Employees Association; Newport Beach Employees\nLeague; Newport Beach Firefighters Association; Newport Beach Fire\nManagement Association; Newport Beach Lifeguard Management Association;\nNewport Beach Police Association; Newport Beach Police Management\nAssociation; Newport Beach Professional and Technical Employees\nAssociation; and Part Time Employees Association of Newport Beach.\n2. Agency Designated Representatives: Will O’Neill, Mayor, and Joe Stapleton,\nMayor Pro Tem.\nUnrepresented Employees: All unrepresented employees (including all\nemployees in the Key and Management Group), except for the City Manager, City\nAttorney and City Clerk.\nVector Control\nIII. PUBLIC COMMENTS\nThe City Council of Newport Beach welcomes and encourages community participation.\nPublic comments are invited on items listed on the agenda and non-agenda items.\nSpeakers must limit comments to three minutes per person to allow everyone to speak.\nWritten comments are encouraged as well. The City Council has the discretion to\nextend or shorten the time limit on agenda or non-agenda items.

1. Minutes for the May 28, 2024 Special Joint Meeting of the City Council and\nFinance Committee and the May 28, 2024 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nSpecial Joint Meeting and Council Meeting Minutes

10. Professional Services Agreement with Lyons Security Service, Inc. for\nSecurity Guard Services\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Approve Professional Services Agreement with Lyons Security Service, Inc. for\nSecurity Guard Services in an amount not-to-exceed $300,000, and authorize the\nMayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Professional Services Agreement\nJune 11, 2024

11. Professional Services Agreement for Beach Fire Rings Security\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Approve a five-year Professional Services Agreement for beach fire rings\nsecurity with Lyons Security Service, Inc. of Anaheim Hills in an amount\nnot-to-exceed $600,000, and authorize the Mayor and City Clerk to execute the\nAgreement.\nStaff Report\nAttachment A - Professional Services Agreement

12. Purchase of Virtual Use-of-Force Training System\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Approve the purchase of Ti Training RECON 3 LED and V23 virtual use-of-force\nsimulators from ADS, Inc. of Virginia Beach, Virginia using Sourcewell cooperative\npricing, and authorize the City Manager to execute a purchase order in the amount of\n$181,293.75.\nStaff Report\nAttachment A - ADS Quote\nAttachment B - RECON LED Brochure\nAttachment C - V23 Brochure

13. Vehicle Donation for Newport Beach Police Department Mounted\nEnforcement Unit\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Accept the donation of a 2024 GMC 3500 pickup truck, valued at $75,980, for\nuse by the Newport Beach Police Department’s Mounted Enforcement Unit.\nStaff Report\nAttachment A - Vehicle Specifications\nJune 11, 2024

14. Community Programs and Special Event Grants Recommendations for\nFiscal Year 2024-25\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Pursuant to City Council Policy A-12, find that the organizations listed below\nprovide community services or programs that serve residents and are beneficial to\nresidents’ quality of life and authorize the allocation of $55,811 of the Community\nPrograms Grants in the following manner:\nCommunity Programs Grants Applicant Recommendation\nBalboa Island Museum and Historical Society $ 10,000\nBoys & Girls Club of Central Orange Coast $ 4,500\nNewport Bay Conservancy $ 6,000\nNewport Sea Base - Boy Scouts of America $ 4,000\nOrange Coast College Foundation Marine Program $ 4,000\nPacific Marine Mammal Center $ 5,000\nShare Ourselves $ 5,000\nSouthern California Blood Bank $ 5,193\nSpeak Up Newport $ 7,858\nWake Up Newport $ 4,260\nTotal $ 55,811;\nc) Waiver of City Council Policy A-12 regarding $75,000 to be expended each\nfiscal year for the Community Programs Grants, in favor of a reduction to $60,000,\nmatching the proposed FY 2024-25 budget;\nd) Pursuant to City Council Policy A-12, find that the special events listed below are\ncommunity, social or athletic events that are beneficial to residents’ quality of life, and\nauthorize the allocation of $300,000 of Special Event Grants in the following manner:\nCommunity & Charitable Events Recommendation\n4th of July Parade and Picnic $ 527\nAndersen Deans Port of July $ 527\nAnnual Corona del Mar Christmas Walk $ 5,500\nAnnual Corona del Mar Scenic 5k $ 12,750\nAnnual Easter Egg Hunt $ 527\nAnnual Newport Classic Surf Contest $ 1,098\nBalboa Island Parade $ 9,800\nBalboa Island Summer Concert Series $ 1,098\nBalboa Island Tree Lighting and Snow Day $ 527\nCar Show $ 6,369\nCdM Home Tour $ 500\nChristmas for a Cause $ 527\nCorona del Mar Sandcastle Contest $ 527\nField of Honor $ 1,500\nJuly 4-7 Community Celebration for 100 Years $ 1,098\nWalk for Patrick Turner $ 527\nWooden Boat Festival $ 1,098\nWorld Wildlife Day Celebration $ 500\nJune 11, 2024\nTotal $ 45,000\nSignature Events Recommendation\nHoag Classic $ 25,000\nNewport Beach 4-Man Volleyball Invitational $ 10,000\nNewport Beach Christmas Boat Parade & Ring of Lights $ 50,000\nNewport Beach Film Festival $ 120,000\nNewport-Mesa Spirit Run $ 30,000\nNewport to Ensenada International Yacht Race $ 10,000\nSusan G. Komen More than Pink Walk Orange County $ 10,000\nTotal $ 255,000; and\ne) Authorize the Recreation & Senior Services Director to sign one-year grant\nagreements with Signature Event organizers.\nStaff Report\nAttachment A - City Council Policy A-12\nAttachment B - Community Programs Grants\nAttachment C - Special Events Grants\nAttachment D - Grant Guidelines\nMISCELLANEOUS

15. Planning Commission Action Report for the June 5, 2024 Special Meeting\nReceive and file.\nPlanning Commission Action Report & Tentative Schedule

16. Annual Measure M2 Eligibility Submittal\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Adopt the Measure M2 Seven-Year Capital Improvement Program; and\nc) Direct staff to submit all necessary materials to OCTA to satisfy the FY 2024-25\nMeasure M2 annual eligibility requirements.\nStaff Report\nAttachment A - Measure M2 Seven-Year Capital Improvement Program\nJune 11, 2024

17. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the\nCity Council\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Receive and file the report.\nStaff Report\nAttachment A - Memo from Steering Committee Chair

18. Confirmation of Annual Citizen Member Appointments to the Finance\nCommittee\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Confirm Councilmember Brad Avery’s reappointment of Nancy Scarbrough,\nCouncilmember Robyn Grant’s reappointment of Keith Curry, Councilmember\nLauren Kleiman’s reappointment of Allen Cashion, and Councilmember Erik\nWeigand’s reappointment of Bill Collopy to serve on the Finance Committee until\nJune 30, 2025.\nStaff Report\nAttachment A - Finance Committee Applications\nJune 11, 2024

19. Confirmation of Nominees for Scheduled Board and Commission Vacancies\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Confirm the nominations made by the City Council Ad Hoc Appointments\nCommittee:\nBoard of Library Trustees [1 vacancy]\nMeghan Murray\nJenny Williams\nBuilding and Fire Code Board of Appeals [2 vacancies]\nKenneth Kasdan\nCity Arts Commission [2 vacancies]\nShireen Amin\nDavid Anastos\nHeather Ignatin\nVanessa Moore\nCivil Service Board (Police and Fire nominees) [2 vacancies]\nHoward Herzog (incumbent)\nBrian Moore (incumbent)\nMatthew Parisi\nZoe Tapie\nAmy Waunch\nHarbor Commission [1 vacancy]\nKevin Kramer\nJon (Jock) Marlo III\nGary Williams (incumbent)\nParks, Beaches & Recreation Commission [1 vacancy]\nRobin McGillivray\nDrew Teicheira\nAmy Waunch\nPlanning Commission [2 vacancies]\nThomas Downes\nCurtis Ellmore (incumbent)\nJonathan Langford (incumbent)\nEkta Naik\nStaff Report\nAttachment A - Board of Library Trustees Applications\nAttachment B - Building and Fire Board of Appeals Application\nAttachment C - City Arts Commission Applications\nAttachment D - Civil Service Board Applications\nAttachment E - Harbor Commission Applications\nAttachment F - Parks, Beaches & Recreation Commission Applications\nAttachment G - Planning Commission Applications\nJune 11, 2024

2. Reading of Ordinances\nWaive reading in full of all ordinances under consideration, and direct the City Clerk\nto read by title only.\nJune 11, 2024\nORDINANCE FOR ADOPTION

3. Ordinance No. 2024-14: Terminating a Non-Exclusive Franchise Agreement\nfor Commercial Solid Waste\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Conduct second reading and adopt Ordinance No. 2024-14, An Ordinance of\nthe City Council of the City of Newport Beach, California, Terminating a\nNon-Exclusive Franchise Agreement for Commercial Solid Waste in its entirety.\nStaff Report\nAttachment A - Ordinance No. 2024-14\nAttachment B - Notice of Intent to Terminate\nAttachment C - Franchise Agreement\nRESOLUTIONS FOR ADOPTION

4. Resolution Nos. 2024-33 to 2024-35: Calling the November 5, 2024 General\nMunicipal Election\na) Determine that the action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause it will not result in a physical change to the environment, directly or indirectly;\nb) Adopt Resolution No. 2024-33, A Resolution of the City Council of the City of\nNewport Beach, California, Calling for the Holding of a General Municipal Election\nto be Held on Tuesday, November 5, 2024, for the Election of Members of the City\nCouncil as Required by the Provisions of the City Charter;\nc) Adopt Resolution No. 2024-34, A Resolution of the City Council of the City of\nNewport Beach, California, Requesting the Board of Supervisors of the County of\nOrange to Consolidate a General Municipal Election to be Held on Tuesday,\nNovember 5, 2024, with the Statewide General Election to be Held on the Same\nDate Pursuant to California Elections Code Section 10403 for the Purpose of\nElecting Members of the City Council; and\nd) Adopt Resolution No. 2024-35, A Resolution of the City Council of the City of\nNewport Beach, California, Adopting Regulations for Candidates for Elective Office\nPertaining to Candidates Statements Submitted to the Voters at an Election to be\nHeld on Tuesday, November 5, 2024.\nStaff Report\nAttachment A - Resolution No. 2024-33\nAttachment B - Resolution No. 2024-34\nAttachment C - Resolution No. 2024-35\nJune 11, 2024

5. Resolution No. 2024-36: Adoption of Fiscal Year 2024-25 Appropriations\nLimit\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Adopt Resolution No. 2024-36, A Resolution of the City Council of the City of\nNewport Beach, California, Determining and Establishing the Appropriations Limit\nfor Fiscal Year 2024-25 in Accordance with Article XIIIB of the California\nConstitution and Government Code Section 7910, in the amount of $256,289,570.\nStaff Report\nAttachment A - Resolution No. 2024-36

6. Resolution No. 2024-37: Specifying Uses for FY2024-25 RMRA Funding from\nthe Road Repair and Accountability Act of 2017\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Adopt Resolution No. 2024-37, A Resolution of the City Council of the City of\nNewport Beach, California, Adopting a List of Projects for Fiscal Year 2024-25\nFunded by SB 1, the Road Repair and Accountability Act of 2017.\nStaff Report\nAttachment A - Resolution No. 2024-37\nJune 11, 2024\nCONTRACTS AND AGREEMENTS

7. Arroyo Park Synthetic Turf Field Installation - Notice of Completion for\nContract No. 8891-2 (23P11)\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project;\nb) Authorize the City Clerk to release the Labor and Materials Bond 65 days after\nthe Notice of Completion has been recorded in accordance with applicable portions\nof Civil Code; and\nc) Release Faithful Performance Bond one year after acceptance by the City\nCouncil.\nStaff Report\nAttachment A - Location Map

8. Professional Services Agreement with Dudek, Inc. for Consulting Services\nfor the Corona del Mar Commercial Corridor Study (PA2024-0002)\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Approve and authorize the Mayor and City Clerk to execute a Professional\nServices Agreement with Dudek, Inc. for consulting services for the Corona del Mar\nImplementation Overlay Study in an amount not-to-exceed $218,048 in a form\nsubstantially similar to the agreement attached to the staff report.\nStaff Report\nAttachment A - Professional Services Agreement\nJune 11, 2024

9. Amendment No. Four to Post Retirement Temporary Employment Agreement\nwith Rosalinh Ung\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Authorize the Mayor and Assistant City Manager to execute Amendment No. 4 to\nthe Post Retirement Temporary Employment Agreement with Rosalinh Ung for\nPrincipal Planner Services.\nStaff Report\nAttachment A - Amendment No. 4\nAttachment B - Amendment No. 3\nAttachment C - Amendment No. 2\nAttachment D - Amendment No. 1\nAttachment E - Original Temporary Employment Agreement