Newport Beach — 2025-06-24

A.\nCONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 2 matters\n1. Property: 2173 Orchard Drive (APN 439-341-01) and 20221 Cypress Street\n(APN 439-341-02).\nCity Negotiators: Seimone Jurjis,\nWhitlinger, Real Property Administrator.\nAssistant\nCity\nManager\nand\nLauren\nNegotiating Parties: Mike Kennedy, Pacific Sotheby’s International Realty on\nbehalf of Richard James Van Keirsbelk, Trustee of the Trust Created Under the\nWill of Edward James Kisner dated September 20, 1971.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\n2. Property: 3848 Campus Drive, Newport Beach, CA 92660 (APN 427-151-08).\nCity Negotiators: Seimone Jurjis,\nWhitlinger, Real Property Administrator.\nAssistant\nCity\nManager\nand\nLauren\nNegotiating Parties: John Saunders on behalf of 3848 Campus Drive LP.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\nB.\nCONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 2 matters\n1. Agency Designated Representatives: Grace K. Leung, City Manager.\nUnrepresented\nBeach.\nEmployees:\nPart\nTime\nEmployees\nAssociation\nof\nNewport\n2. Agency Designated Representatives: Mayor Joe Stapleton and Mayor Pro\nTem Lauren Kleiman.\nUnrepresented Employees: Grace\nHarp, City Attorney.\nC.\nK. Leung, City Manager and Aaron C.\nCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\n(Government Code § 54956.9(d)(1)): 1 matter\n1. Barbara Salvini v. City of Newport Beach\nOrange County Superior Court Case No. 30-2024-01442980-CU-OE-CJC

1. Property: 2173 Orchard Drive (APN 439-341-01) and 20221 Cypress Street\n(APN 439-341-02).\nCity Negotiators: Seimone Jurjis,\nWhitlinger, Real Property Administrator.\nAssistant\nCity\nManager\nand\nLauren\nNegotiating Parties: Mike Kennedy, Pacific Sotheby’s International Realty on\nbehalf of Richard James Van Keirsbelk, Trustee of the Trust Created Under the\nWill of Edward James Kisner dated September 20, 1971.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.

10.\nFY 2024-25 Traffic\n9718-1\nSignal\nRehabilitation\nProject\n-\nAward\nof\nContract\nNo.\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 the project plans and specifications;\nc) Award Contract No. 9718-1 to Elecnor Belco Electric, Inc. for the total bid price of\n$1,192,100 for the FY 2024-25 Traffic Signal Rehabilitation Project, and authorize\nthe Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $120,000 (approximately 10% of total bid) to cover the\ncost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map

11.\nVia Lido Sewer Main Lining - Award of Contract No. 9438-1\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant Section 15302(c), Class 2 (reconstruction of existing facility involving\nnegligible or no expansion of capacity) of the CEQA Guidelines, because this project\nhas no potential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 9438-1 to Insituform, LLC. for the total bid price of $333,439\nfor the Via Lido Sewer Main Lining project, and authorize the Mayor and City Clerk to\nexecute the contract; and\nd) Establish a contingency of $50,000 (approximately 15 percent of the total bid) to\ncover the cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map

12.\nNewport Beach Public Library Foundation Donation - Witte Hall LED Screen\nWall\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Accept Newport Beach Public Library Foundation's $130,000 donation for a 11\n-foot by 19-foot (209 SF) LED screen wall; and\nc) Approve Budget Amendment No. 25-079 recognizing contribution funds of\n$130,000 from the Newport Beach Public Library Foundation in Account No. 13501561005-19F11 and appropriating $130,000 in increased expenditures for the\nLibrary Lecture Hall (C-7444-3) in Account No. 13501-980000-19F11.\nStaff Report\nAttachment A - Budget Amendment

13.\nApprove On-Call Maintenance/Repair Services Agreement with Cathyjon\nEnterprises, Inc., dba HB Staffing for On-Call Temporary Laborer Services\n(C-8479-3)\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) Approve a Maintenance and Repair Services Agreement with Cathyjon\nEnterprises, Inc., dba HB Staffing, for On-Call Temporary Laborer Services for a\nfive-year term and not-to-exceed amount of $500,000 and authorize the Mayor and\nCity Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement

14.\nAmendment No. One to the Lease Agreement with Ruby’s Diner, Inc. for Use\nof a Portion of the Balboa Pier Located at 1 Balboa Pier\na) Find this matter is exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (Existing facilities) of the CEQA Guidelines, California\nCode of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to\nhave a significant effect on the environment;\nb) Authorize the City Manager and City Clerk to execute Amendment No. One to\nLease Agreement between the City of Newport Beach and Heritage Restaurant\nManagement, Inc. (successor in interest to Ruby’s Diner, Inc.) for use of a portion of\nthe City property known as the Balboa Pier, located at 1 Balboa Pier, in a form\nsubstantially similar to the amendment attached to the staff report; and\nc) Approve a waiver of City Council Policy F-7, Income and Other Property based\non the findings contained in this staff report and the Agreement, that conducting an\nopen bid process or changing the tenant would result in excessive vacancy, and\ntenant improvement allowances, expenses or rent concessions which would\noutweigh other financial benefits.\nStaff Report\nAttachment A - Amendment No. One\nAttachment B - Existing Lease Agreement\nAttachment C - Letter from Ruby’s Hospitality Group\nAttachment D - City Council Policy F-7 - Income and Other Property

15.\nOffice Lease Agreement with HF&H Consultants, LLC for Use of Suite 585 at\n1201 Dove Street\na) Find this matter is exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or\nReconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14,\nDivision 6, Chapter 3, because it has no potential to have a significant effect on the\nenvironment; and\nb) Authorize the City Manager and City Clerk to execute the Office Lease\nAgreement between the City of Newport Beach and HF&H Consultants, LLC for use\nof City Property, office space Suite 585 located at 1201 Dove Street, in a form\nsubstantially similar to the agreement attached to the staff report.\nStaff Report\nAttachment A - Lease Agreement

16.\nAmendment No. Five to the Post Retirement Temporary\nAgreement with Rosalinh Ung for Principal Planner Services\nEmployment\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. Five\nto the Post Retirement Temporary Employment Agreement with Rosalinh Ung for\nPrincipal Planner Services.\nStaff Report\nAttachment A - Amendment No. 5\nAttachment B – Amendment No. 4\nAttachment C – Amendment No. 3\nAttachment D – Amendment No. 2\nAttachment E – Amendment No. 1\nAttachment F – Original Temporary Employment Agreement

17.\nTentative\nAgreement\nEmployees Association\nwith\nNewport\nBeach\nProfessional\nand\nTechnical\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 consider the Tentative Agreement between the City of Newport\nBeach and the Newport Beach Professional and Technical Employees Association.\nStaff Report\nAttachment A - Tentative Agreement and Proposed MOU Between the CIty and\nProfTech (Redline)\nAttachment B - Tentative Agreement and Proposed MOU Between the CIty and\nProfTech (Clean)\nAttachment C - Estimated Costs

18.\nTentative\n(NBPMA)\nAgreement\nwith\nNewport\nBeach\nPolice\nManagement\nAssociation\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 consider the Tentative Agreement between the City of Newport\nBeach and the Newport Beach Police Management Association.\nStaff Report\nAttachment A - Tentative Agreement and Proposed MOU Between the City and\nNBPMA (Redline)\nAttachment B - Estimated Cost of Contract with the NBPMA\nMISCELLANEOUS

19.\nPlanning Commission Agenda for the June 19, 2025 Meeting\nReceive and file.\nPC Agenda

2. Property: 3848 Campus Drive, Newport Beach, CA 92660 (APN 427-151-08).\nCity Negotiators: Seimone Jurjis,\nWhitlinger, Real Property Administrator.\nAssistant\nCity\nManager\nand\nLauren\nNegotiating Parties: John Saunders on behalf of 3848 Campus Drive LP.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\nB.\nCONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 2 matters\n1. Agency Designated Representatives: Grace K. Leung, City Manager.\nUnrepresented\nBeach.\nEmployees:\nPart\nTime\nEmployees\nAssociation\nof\nNewport\n2. Agency Designated Representatives: Mayor Joe Stapleton and Mayor Pro\nTem Lauren Kleiman.\nUnrepresented Employees: Grace\nHarp, City Attorney.\nC.\nK. Leung, City Manager and Aaron C.\nCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\n(Government Code § 54956.9(d)(1)): 1 matter\n1. Barbara Salvini v. City of Newport Beach\nOrange County Superior Court Case No. 30-2024-01442980-CU-OE-CJC\nXX.\nCLOSED SESSION REPORT\nXXI.

20.\nFiscal Year 2024-25 Third Quarter Financial Report\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 this report, and approve Budget Amendment No. 25-071,\nadjusting revenue estimates and expenditure appropriations for the Fiscal Year\n2024-25 budget as further outlined in this report.\nStaff Report\nAttachment A - Budget Amendment

21.\nConfirmation of Appointments to the Finance 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; and\nb) Confirm Mayor Pro Tem Lauren Kleiman’s reappointment of Allen Cashion,\nCouncilmember Michelle Barto’s reappointment of William Kenney, Councilmember\nNoah Blom’s reappointment of Kory Kramer, and Councilmember Erik Weigand’s\nreappointment of William Collopy to fill the scheduled vacancies on the Finance\nCommittee for terms ending June 30, 2026.\nStaff Report\nAttachment A - Applications

22.\nVisit Newport Beach, Inc. FY 2026 Destination Business Plan Budget,\nLeisure Marketing (TOT) FY 2026 Budget, and Performance Standards\nReport\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) Waive the requirement in the agreement for a Biennial Performance Standards\nReport, Biennial Marketing Plan and Biennial Budget and accept the Fiscal Year\n2026 report, plan and budget as submitted;\nc) Review and approve and/or modify the FY 2026 Newport Beach & Company\nDestination Business Plan and Performance Standards Report; and\nd) Review and approve the Visit Newport, Inc. Leisure Marketing (TOT) FY 2026\nBudget.\nStaff Report\nAttachment A – VNB FY 2026 Destination Business Plan\nAttachment B – VNB Leisure Marketing (TOT) FY 2026 Budget\nAttachment C - VNB Performance Standards Report

3.\nOrdinance Nos. 2025-7 and 2025-8: Approving an Amendment to the North\nNewport Center Planned Community (PC-56) Development Plan and a\nDevelopment Agreement\na) Find the adoption of the ordinances is not subject to further environmental review\npursuant to Section 21083.3 of the California Public Resources Code (PRC) and\nSection 15183 of the California Environmental Quality Act (CEQA) Guidelines,\nCalifornia Code of Regulations, Title 14, Division 6, Chapter 3, because it is\nconsistent with the previously certified Program Environmental Impact Report (SCH\nNo. 2023060699);\nb) Conduct second reading and adopt Ordinance No. 2025-7, An Ordinance of the\nCity Council of the City of Newport Beach, California, Approving an Amendment to\nthe North Newport Center Planned Community (PC-56) Development Plan to\nAllocate 1,500 Base Dwelling Units from the HO-4 (Newport Center Area) Subarea\nDevelopment Limits Set Forth in Section 20.28.050 (Housing Opportunity (HO)\nOverlay Zoning Districts) of the Newport Beach Municipal Code to the North\nNewport Center Planned Community (PC-56) Development Plan for 100 And 190\nNewport Center Drive and Various Addresses Within the North Newport Center\nPlanned Community (PA2024-0173); and\nc) Conduct second reading and adopt Ordinance No. 2025-8, An Ordinance of the\nCity Council of the City of Newport Beach, California, Approving a Second\nAmendment to Development Agreement No. DA 2007-002, Entitled Zoning\nImplementation and Public Benefit Agreement for the Project Located at 100 and\n190 Newport Center Drive and Various Addresses Within the North Newport\nCenter Planned Community (PA2024-0173).\nStaff Report\nAttachment A - Ordinance No. 2025-7\nAttachment B - Ordinance No. 2025-8

4.\nOrdinance No. 2025-9: Adding Chapter 12.70 (Prohibition on Attending Street\nRaces and Reckless Driving Exhibitions) to Title 12 (Vehicles and Traffic) of\nthe Newport Beach Municipal Code, to prohibit spectators from being\npresent at street races and reckless driving exhibitions in Newport Beach\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. 2025-9: An Ordinance of the\nCity Council of the City of Newport Beach, California, Adding Chapter 12.70\n(Prohibition on Attending Street Races and Reckless Driving Exhibitions) to Title\n12 (Vehicles and Traffic) of the Newport Beach Municipal Code.\nStaff Report\nAttachment A - Ordinance No. 2025-9

5.\nOrdinance\nNo.\n2025-10:\nApproving\nOpportunity (HO) Overlay Zoning Districts\nan\nAmendment\nto\nthe\nHousing\na) Find that all potential environmental effects for the amendment have been\nadequately addressed in the previously certified Final Program Environmental\nImpact Report identified by State Clearinghouse Number 2023060699, and the City\nCouncil of the City of Newport Beach intends to use said document for the approval\nof the amendment; and\nb) Conduct second reading and adopt Ordinance No. 2025-10, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Section\n20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) in Title 20\n(Planning and Zoning) of the Newport Beach Municipal Code Related to\nImplementation of the Housing Element (PA2024-0205).\nStaff Report\nAttachment A - Ordinance No. 2025-10\nRESOLUTIONS FOR ADOPTION

6.\nResolution No. 2025-35: Authorizing the\nStreets for the Fourth of July Holiday Period\nTemporary\nClosure\nof\nSelected\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) Adopt Resolution No. 2025-35, A Resolution of the City Council of the City of\nNewport Beach, California, Authorizing the Temporary Closure of Back Bay Drive,\nthe 100 Block of Orange Street from Traffic off of Pacific Coast Highway, San\nJoaquin Hills Road Between Back Bay Drive and the Entrance to the Park Newport\nApartment Complex, and Via Malaga between Via Oporto and Via Lido.\nStaff Report\nAttachment A - Resolution No. 2025-35

7.\nResolution No. 2025-36: Adopting a Memorandum of Understanding with the\nNewport\nBeach\nEmployees\nLeague\n(LEAGUE)\nand\nAssociated\nSalary\nSchedule\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. 2025-36, A Resolution of the City of Newport Beach,\nCalifornia, Adopting a Memorandum of Understanding Between the City of\nNewport Beach and the Newport Beach Employees League and Associated Salary\nSchedule;\nc) Approve Budget Amendment No. 25-076 appropriating $31,563 in increased\nexpenditures in various City division salary and benefit accounts from\nunappropriated fund balances for Fiscal Year 2024/25; and\nd) Approve Budget Amendment No. 26-002 appropriating $926,170 in increased\nexpenditures in various City division salary and benefit accounts from\nunappropriated fund balances for Fiscal Year 2025/26.\nStaff Report\nAttachment A - Resolution No. 2025-36, including Exhibit A, LEAGUE MOU\nAttachment B - Costing\nAttachment C - Budget Amendment 25-076\nAttachment D - Budget Amendment 26-002

8.\nResolution No. 2025-37: Accepting the Department\nOperation Stonegarden Grant Funds Fiscal Year 2024\nof\nHomeland\nSecurity\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. 2025-37 A Resolution of the City Council of the City of\nNewport Beach, California, Accepting the FY 2024 Operation Stonegarden Grant\nfrom the United States Department of Homeland Security, Administered by the\nCounty of Riverside, and Designating the Chief of Police as the City’s Authorized\nAgent to Execute Grant Documents;\nc) Accept the Department of Homeland Security FY 2024 Operation Stonegarden\ngrant award in the amount of $171,580 and authorize the Chief of Police to execute\nthe grant agreement; and\nd) Approve Budget Amendment No. 25-078 to accept grant funds from the\nDepartment of Homeland Security, passed through CalOES; increase revenue\nestimates by $171,580 in account 01035355-431453-G2620; and increase\nexpenditure appropriations by $171,580 to various accounts in the Detective\nDivision as outlined in the amendment.\nStaff Report\nAttachment A - Budget Amendment No. 25-078\nAttachment B - OPSG Memorandum of Agreement\nAttachment C - Resolution No. 2025-37\nCONTRACTS AND AGREEMENTS

9.\nCorporation Yard Improvement Project - Award of Contract No. 7876-2\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) Approve Budget Amendment No. 25-077 appropriating $770,296 in increased\nexpenditures\nin\nAccount\n14201-980000-20F14\nfrom\nthe\nAQMD\nFund\nunappropriated fund balance, and appropriating $270,000 in increased expenditures\nin Account No. 16001-980000-20F14 from the Environmental Liability Fund\nunappropriated fund balance;\nd) Award Contract No. 7876-2 to Legion Construction, Inc. for the total bid price of\n$7,188,000 for the Corporation Yard Improvement Project, and authorize the Mayor\nand City Clerk to execute the contract;\ne) Award Contract No. 7876-3 to Clean Energy, Inc. for the total bid price of\n$280,656 for the relocation of the fast fill compressed natural gas dispensers, and\nauthorize the Mayor and City Clerk to execute the contract;\nf) Authorize the purchase through cooperative bidding site Sourcewell of a new\nprefabricated restroom building from Public Restroom Company for the price of\n$228,058, and\ng) Establish a contingency of $718,800 (approximately 10% of total bid) to cover the\ncost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Budget Amendment