Newport Beach — 2023-04-25

IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room\nA. CONFERENCE WITH LEGAL COUNSEL\nANTICIPATED LITIGATION\n(Government Code § 54956.9) (d)(2), (e)(2)(3)): 1 matter\nThe City Council will meet in Closed Session to discuss potential litigation against\nthe City as set forth in the correspondence dated April 11, 2023, from Andrew Willis,\nEnforcement Staff Counsel, for the California Coastal Commission, related to the\nWestern Snowy Plover and the wood-slat fences that previously existed at/near\nBalboa Beach. A copy of the April 11, 2023 correspondence is attached to this\nagenda and is available for inspection at the City Clerk’s Office located at 100 Civic\nCenter Drive, Newport Beach, California 92660.\nCoastal Commission Correspondence\nApril 25, 2023\nB. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nGovernment 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 845 square feet)\nCity Negotiators: Seimone Jurjis, Community Development Director, and Lauren\nWooding-Whitlinger, Real Property Administrator.\nNegotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and\nthe 944 Via Lido Nord Trust.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\nC. PUBLIC EMPLOYEE PERFORMANCE EVALUATION\n(Government Code § 54957(b)(1)): 3 matters\nTitle: Grace Leung, City Manager\nTitle: Aaron C. Harp, City Attorney\nTitle: Leilani I. Brown, City Clerk

10. Conveyance Agreement Between the City of Newport Beach and The Irvine\nCompany to Accept a Portion of the Real Property at 201 East Coast\nHighway for a Public Dock, and a Lease Agreement Between the City of\nNewport Beach and County of Orange for Use of the Tidelands for the Public\nDock\na) Determine the City Council has already approved the Mitigated Negative\nDeclaration No. ND2013-002 (SCH 2014081044) (MND) that addressed the\npotential environmental effects associated with the Project on November 25, 2014.\nAll significant environmental effects of the Project have been addressed in the MND\nand no new or additional impacts will result from the approval of the Conveyance\nAgreement, Gift Deed, Access and Parking Easement, Bill of Sale, Irrevocable Offer\nof Dedication of Public Walkway, or City’s lease with the County of Orange;\nb) Authorize the City Manager and City Clerk to execute the Conveyance\nAgreement and all associated documents necessary to accept and complete the\ndonation transaction with The Irvine Company for a portion of the property at 201\nEast Coast Highway, in a form substantially similar to the documents prepared by the\nCity Attorney; and\nc) Authorize the City Manager and City Clerk to execute a Lease Agreement with\nthe County of Orange for City-use of the public tidelands to operate a Public Dock at\nBalboa Marina, located at 201 East Coast Highway, in a form substantially similar to\nthe agreement prepared by the City Attorney.\nStaff Report\nAttachment A - Conveyance Agreement\nAttachment B - Lease Agreement\nAttachment C - Map

11. Agreement with Airwave Communications Enterprises, Inc. for Police Vehicle\nCustomization 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 a Professional Services Agreement with Airwave Communications\nEnterprises, Inc., for Police Department Vehicle Customization Services in an\namount not-to-exceed $875,000, and authorize the Mayor and City Clerk to execute\nthe Agreement.\nStaff Report\nAttachment A - Agreement\nApril 25, 2023\nMISCELLANEOUS

12. Planning Commission Agenda for the April 20, 2023 Meeting\nReceive and file.\nPlanning Commission Action Report\nPlanning Commission Agenda

13. Confirmation of Appointments to the General Plan Advisory Committee and\nCo-Chair Positions\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) Confirm the General Plan Update Steering Committee’s recommended\nappointments of Matthew Brady and Charles Fancher to fill the seats on the General\nPlan Advisory Committee; and\nc) Confirm the General Plan Update Steering Committee’s recommended\nappointments of Jeremy Evans and Arlene Greer as Co-Chairs of the General Plan\nAdvisory Committee.\nStaff Report\nAttachment A - Resolution No. 2022-59\nAttachment B - Applications\nAttachment C - Draft Minutes

14. Balboa Chamber of Commerce Request to Waive City Council Policy B-13\nfor Newport Beach Polo Match\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15304 under Class 4 (Minor Alterations to Land), because it has\nno potential to have a significant effect on the environment; and\nb) Recommend approval to waive City Council Policy B-13, Public Use of City\nFacilities, Section A.1, Regulations and Restrictions - Use of Alcohol, to allow for\nNewport Beach Polo Match to be conducted at Peninsula Park. Event approval\nwould be contingent upon Special Event Permit approval.\nStaff Report\nAttachment A - Balboa Chamber of Commerce Letter\nAttachment B - City Council Policy B-13\nApril 25, 2023

15. Donation of Fire Engines to Des Moines Area Community College Fire\nScience Program\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 and approve the donation of two surplus fire engines to the Des Moines\nArea Community College Fire Science Program Foundation (DMACC) and\nauthorize the Finance Director to execute any agreements or documentation\nnecessary to complete the donation process.\nStaff Report\nAttachment A - DMACC Fire Technology Letter

16. Grants and Donations Report for the Quarter Ending March 31, 2023\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.\nStaff Report\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Resolution No. 2023-20: Declaring a Portion of City-Owned Property at\nEastbluff Park Located at 2401 and 2555 Vista del Oro as Exempt Surplus\nLand, and a Lease Agreement for the Property with Boys and Girls Clubs of\nCentral Orange Coast for Recreation Facilities\na) Determine this action exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or\nreasonably foreseeable indirect physical change in the environment) and 15060(c)\n(3) (the activity is not a project as defined in Section 15378) of the CEQA\nGuidelines, California Code of Regulations, Title 14, Chapter 3, because it has no\npotential for resulting in physical change to the environment, directly or indirectly;\nb) Adopt Resolution No. 2023-20, A Resolution of the City Council of the City of\nNewport Beach, California, Declaring a Portion of Eastbluff Park Located at 2401\nand 2555 Vista del Oro, Newport Beach, California as Serving an Agency Use and\nFurther Declaring that Portion as Exempt Surplus Land;\nc) Authorize the City Manager and City Clerk to execute a Lease Agreement with\nBoys and Girls Clubs of Central Orange Coast for use at the City-owned Eastbluff\nPark, located at 2555 Vista del Oro, in a form substantially similar to the agreement\nprepared by the City Attorney; and\nd) 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 the\nuse of the property provides an essential or unique service to the community and is\nof a public benefit, and might not otherwise be provided where an open bid or full fair\nmarket value of the property be required, and based on the unique services provided\nby tenant, its board members are appointed through a process that ensures board\nmembers maintain the requisite experience and contributions to the tenant ’s\noperations.\nStaff Report\nAttachment A - Resolution No. 2023-20\nAttachment B - Lease Agreement\nAttachment C - Maps\nAttachment D - City Council Policy F-7\nAttachment E - Appraisal Report\nAttachment F - Letter from Boys and Girls Clubs\nApril 25, 2023

4. Resolution No. 2023-21: Supporting Submission of Grant Application Under\nthe Orange County Transportation Authority Measure M2 Tier 1\nEnvironmental Cleanup Program\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 the activity will not result in a direct or reasonably foreseeable indirect\nphysical change in the environment, and the activity is not a project as defined in\nSection15378; and\nb) Adopt Resolution No. 2023-21, A Resolution of the City Council of the City of\nNewport Beach, California, Authorizing and Approving the Submittal of a Grant\nProposal for Funding Under the Orange County Transportation Authority\nEnvironmental Cleanup Tier 1 Grant Program.\nStaff Report\nAttachment A - Location Map\nAttachment B - Resolution No. 2023-21

5. Resolution No. 2023-22: Repeal of Level Two Water Shortage and Water\nSupply Update\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. 2023-22, A Resolution of the City Council of the City of\nNewport Beach, California, Repealing Resolution No. 2022-46, which Declared a\nLevel Two Water Supply Shortage, and Resolution No. 2022-88, which Extended\nthe Declaration of a Level Two Water Supply Shortage.\nStaff Report\nAttachment A - Resolution No. 2023-22\nCONTRACTS AND AGREEMENTS

6. Street Pavement Repair Program (Project No. 23R03) - Reject All Bids for\nContract No. 8942-1\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) Reject all bids received for Contract No. 8942-1 and direct staff to return all bid\nbonds; and\nc) Direct staff to re-advertise the Street Pavement Repair Program (FY 2022-23)\nwith next fiscal year’s contract.\nStaff Report\nAttachment A - Location Map\nApril 25, 2023

7. Central Library Lecture Hall Building Project - Reject All Bids for Contract No.\n7444-2 (19F11)\na) Reject all bids received for Contract No. 7444-2 and direct staff to return all\nbidders bonds; and\nb) Approve Budget Amendment No. 23-061 redirecting American Rescue Plan Act\n(ARPA) Funding from the Library Lecture Hall Building Project Account, 16601-\n980000-19F11, to the City Yard Fueling Support Facilities and Transfer Station\nRehabilitation Project Account, 16601-980000-20F14.\nStaff Report\nAttachment A - Location Map\nAttachment B - Budget Amendment

8. Cooperative Agreement to Implement Total Maximum Daily Load Programs\nfor Nutrients, Fecal Coliform Bacteria and Toxics in the Newport Bay\nWatershed\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 the activity will not result in a direct or reasonably foreseeable indirect\nphysical change in the environment, and the activity is not a project as defined in\nSection15378; and\nb) Authorize the Mayor and City Clerk to execute Cooperative Agreement MA-080-\n23010376 with the County of Orange and other upstream agencies to implement\nthese water quality improvements, studies, monitoring, shared funding and\ncompliance programs.\nStaff Report\nAttachment A - Agreement

9. Approval of On-Call Beach Maintenance and Hauling Services Agreements\nwith Tight Quarters and GCI Construction\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because\nthis action will not result in physical changes to the environment, directly or indirectly;\nand\nb) Approve Beach Maintenance and Hauling Services Agreements with Tight\nQuarters, Inc. and GCI Construction, Inc. in a form approved by the City Attorney, and\nauthorize the Mayor and City Clerk to sign each agreement. Each on -call agreement\nis for a five-year term and carries a not-to-exceed cap of $2,000,000.\nStaff Report\nAttachment A - Tight Quarters Agreement\nAttachment B - GCI Agreement\nApril 25, 2023