Newport Beach — 2025-01-14

A. CONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 1 matter\nAgency Designated Representatives: Grace K. Leung, City Manager, Barbara\nSalvini, Human Resources Director, and Jonathan Holtzman, Esq., Negotiators.\nEmployee Organizations: Association of Newport Beach Ocean Lifeguards\n(ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach\nEmployees League (NBEL); Newport Beach Firefighters Association (NBFA);\nNewport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard\nManagement Association (NBLMA); Newport Beach Police Association (NBPA);\nNewport Beach Police Management Association (NBPMA); Newport Beach\nProfessional and Technical Employees Association (NBPTEA); and Part Time\nEmployees Association of Newport Beach (PTEANB).\n\nB. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nProperty: A portion of the public right-of-way adjacent to 929 Zurich Circle\n(423-282-04) and 944 Via Lido Nord (423-281-10) (approximately 1,105 square\nfeet).\nCity Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Whitlinger,\nReal Property Administrator.\nNegotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the\n944 Via Lido Nord Trust.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\n\n C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\n(Government Code § 54956.9(d)(1)): 2 matters\nJohn Doe S.C. v. City of Newport Beach et al.\nOrange County Superior Court Case No. 30-2022-01299631-CU-PP-CJC\nBarbara Salvini v. City of Newport Beach\nOrange County Superior Court Case No. 30-2024-01442980-CU-OE-CJC

1. Minutes for the December 10, 2024 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10. 38th Street and Lake Avenue Landscape Improvement Project - Notice of\nCompletion for Contract No. 9008-1 (24L01)\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project.\nStaff Report\nAttachment A - Location Map

11. Police Department Parking Lot Maintenance - Award of Contract No. 7901-1\n(25F02)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California\nCode of Regulations, Title 14, Chapter 3, because this project has no potential to\nhave a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 7901-1 to Elegant Construction Inc., for the total bid price of\n$585,000 for the Police Department Parking Lot Maintenance, and authorize the\nMayor and City Clerk to execute the contract; and\nd) Establish a contingency of $88,000 (approximately 15% of total bid) to cover the\ncost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nJanuary 14, 2025

12. Approval of Maintenance and Repair Services Agreements with EverFence\nCorporation and Red Hawk Services, Inc. for On-Call Fencing\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Approve a Maintenance and Repair Services Agreement with EverFence\nCorporation for a five-year term and total not-to-exceed amount of $300,000, and\nauthorize the Mayor and City Clerk to execute the agreement; and\nc) Approve a Maintenance and Repair Services Agreement with Red Hawk\nServices, Inc. for a five-year term and total not-to-exceed amount of $300,000, and\nauthorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Everfence Corporation Agreement\nAttachment B - Red Hawk Services, Inc. Agreement

13. Amendment No. Two to Professional Services Agreements for The Code\nGroup dba VCA Code for Building Safety Related 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 and authorize the Mayor and City Clerk to execute Amendment No. Two\nto Professional Services Agreement with The Code Group, for Staff Augmentation\nand Plan Review Services to increase the contract amount by $250,000,\nnot-to-exceed an amount of $1,270,000.\nStaff Report\nAttachment A – Amendment No. Two to Professional Services Agreement\nAttachment B – Amendment No. One to Professional Services Agreement\nAttachment C - The Code Group dba VCA Code Agreement\nJanuary 14, 2025

14. Memorandum of Agreement with the City of Long Beach Acting By and\nThrough the Port of Long Beach Board of Harbor Commissioners\nAuthorizing Disposal of Lower Bay Dredged Material Into the Port’s Pier G\nSlip Fill Project\na) Find that, pursuant to Section 21166 of the California Public Resources Code\nand Section 15162 of the CEQA Guidelines, the certified Environmental Impact\nReport for the Piers G and J Terminal Redevelopment (SCH No. 2000-021021)\naddressed all environmental impacts associated with the City of Newport Beach\nentering into this Memorandum of Agreement, that there are no new or more severe\nimpacts beyond those analyzed in that document, and, as a result, no further\nenvironmental review is required by CEQA;\nb) Approve and execute the Memorandum of Agreement with the City of Long\nBeach acting by and through the Port of Long Beach Board of Harbor\nCommissioners authorizing disposal of Lower Bay dredged material into the Port ’s\nPier G Slip Fill Project; and\nc) Authorize the City Manager or her designee to execute any future amendments or\nagreements with the City of Long Beach acting by and through the Port of Long\nBeach Board of Harbor Commissioners as related to the disposal of Lower Bay\ndredged material to ensure the City of Newport Beach meets the strict delivery\nschedule imposed by the Port.\nStaff Report\nAttachment A - Memorandum of Agreement\nAttachment B - Environmental Impact Report

15. Planning Commission Agenda for the January 9, 2025 Meeting\nReceive and file.\nPlanning Commission Action Report\nPlanning Commission Agenda

16. Confirmation of Nominations to Fill an Unscheduled Vacancy on the Parks,\nBeaches & Recreation Commission\na) Determine that the action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause it will not result in a physical change to the environment, directly or indirectly;\nand\nb) Confirm the nominations of Kelly Denner and Travis Pirdy to fill the vacancy on\nthe Parks, Beaches and Recreation Commission.\nStaff Report\nAttachment A - Applications\nJanuary 14, 2025

17. Confirmation of Mayor Joe Stapleton's Appointments\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 Mayor Joe Stapleton’s appointments under City Council Policy A-2, as\nprovided in the staff report.\nStaff Report\nOn the Agenda

18. Ground Emergency Medical Transport Intergovernmental Transfer Voluntary\nParticipation for Calendar Year 2025\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 City of Newport Beach’s voluntary participation in the Public\nProvider GEMT Intergovernmental Transfer program per AB 1705 for Calendar Year\n2025, and authorize the City Manager to execute the Public Provider\nIntergovernmental Transfer Program for Ground Emergency Medical Transportation\nServices Certification Forms and pay all necessary invoices.\nStaff Report\nAttachment A - Certification for CY 2025 Program\nAttachment B - Public Notice\nOn the Agenda\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

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

3. Resolution No. 2025-1: Updating the List of Designated Employees for 2024\nUnder the City’s Conflict of Interest Code\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. 2025-1, A Resolution of the City Council of the City of\nNewport Beach, California, Updating the Appendix of Designated Employees and\nAppendix of Disclosure Categories of the City of Newport Beach Conflict of Interest\nCode.\nStaff Report\nAttachment A - Resolution No. 2025-1\nAttachment B - Exhibit 1 (redline)\nJanuary 14, 2025

4. Resolution Nos. 2025-2 and 2025-3: Amending the General Plan Advisory\nCommittee and the General Plan Update Steering Committee\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Adopt Resolution No. 2025-2, A Resolution of the City Council of the City of\nNewport Beach, California, Amending the General Plan Advisory Committee to\nUpdate the Membership and Provide for Annual Appointment of Members at the\nFirst City Council Meeting Held in February; and\nc) Adopt Resolution No. 2025-3, A Resolution of the City Council of the City of\nNewport Beach, California, Amending the General Plan Update Steering\nCommittee’s Term of Membership, Responsibilities and Provide for the Annual\nAppointment of Members at the First City Council Meeting Held in February.\nStaff Report\nAttachment A - Resolution No. 2025-2\nAttachment B - Resolution No. 2025-3

5. Resolution No. 2025-4: Approving an Amendment to the Key and\nManagement Compensation Plan\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. 2025-4; A Resolution of the City of Newport Beach,\nCalifornia, Approving an Amendment to the Key and Management Compensation\nPlan.\nStaff Report\nAttachment A - Resolution No. 2025-4\nJanuary 14, 2025

6. Resolution No. 2025-5: Creating the Ad Hoc Council Policy Review\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;\nb) Adopt Resolution No. 2025-5; A Resolution of the City Council of the City of\nNewport Beach, California, Creating an Ad Hoc Committee to Review the City\nCouncil Policies and Make Recommendations to the City Council Regarding\nRevisions Thereto; and\nc) Appoint Mayor Joe Stapleton, Mayor Pro Tem Lauren Kleiman and\nCouncilmember Sara J. Weber to serve on the Ad Hoc Council Policy Review\nCommittee.\nStaff Report\nAttachment A - Resolution No. 2025-5\nCONTRACTS AND AGREEMENTS

7. Hillsborough Pump Station Rehabilitation - Notice of Completion for\nContract No. 8758-2 (23W12)\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project.\nStaff Report\nAttachment A - Location Map

8. Storm Drain System Upgrades - Notice of Completion for Contract No.\n9148-1 (23D02)\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project.\nStaff Report\nAttachment A - Location Map\nJanuary 14, 2025

9. 2023-2024 Facilities Painting Project - Notice of Completion for Contract No.\n9393-1 (24F02)\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project.\nStaff Report\nAttachment A - Location Map