Newport Beach — 2023-05-09

III. CLOSED SESSION - Council Chambers Conference Room\nA. CONFERENCE WITH LEGAL COUNSEL\nEXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters\nState Farm General Insurance Company vs. City of Newport Beach\nOrange County Superior Court Case No. 30-2022-01279624-CU-PO-CJC\nMarshall Senk et. al. vs. City of Newport Beach\nOrange County Superior Court Case No. 30-2022-01297253-CU-PO-CJC\nMarshall Senk et. al. vs. City of Newport Beach\nOrange County Superior Court Case No. 30-2023-01321223-CU-PO-NJC\nB. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nProperty: The American Legion Newport Harbor Post No. 291, located at 215\n15th Street, Newport Beach California, 92663.\nCity Negotiators: Seimone Jurjis, Community Development Director, and Lauren\nWooding Whitlinger, Real Property Administrator.\nNegotiating Parties: Evin D. Planto on behalf of the American Legion.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.

10. Planning Commission Agenda for the May 4, 2023 Meeting\nReceive and file.\nPlanning Commission Action Report\nPlanning Commission Agenda

11. Confirmation of Appointments to the General Plan Advisory 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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Confirm the General Plan Update Steering Committee’s recommended\nappointments of Susan DeSantis, Scott Laidlaw, and Harrison Rolfes to fill seats\non the General Plan Advisory Committee.\nStaff Report\nAttachment A - Resolution No. 2022-59\nAttachment B - Applications\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Resolution No. 2023-25: Initiating an Amendment to the Newport Place\nPlanned Community Development Plan to Reduce the Minimum Percentage\nof Affordable Residential Units (PA2023-0082)\na) Determine this action exempt from the California Environmental Quality Act\n(CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the\nCEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and\nb) Adopt Resolution No. 2023-25, A Resolution of the City Council of the City of\nNewport Beach, California, Initiating an Amendment to Newport Place Planned\nCommunity Development Plan to Revise the Minimum Affordability Percentage of\nthe Residential Overlay (PA2023-0082).\nStaff Report\nAttachment A - Resolution No. 2023-25

4. Resolution No. 2023-26: Adopting Revised City Council Policy G-1\n(Retention, Removal, and Maintenance of City Trees)\na) Determine this action is categorically exempt from the California\nEnvironmental Quality Act (CEQA) pursuant to Sections 15301 (Existing\nFacilities) and 15304 (Minor Alterations to Land) of the CEQA Guidelines,\nCalifornia Code of Regulations, Title 14, Division 6, Chapter 3, because the\nactivities are in the classes of projects which have been determined not to have a\nsignificant effect on the environment; and\nb) Adopt Resolution No. 2023-26, A Resolution of the City Council of the City of\nNewport Beach, California, Adopting Revised City Council Policy G-1 (Retention,\nRemoval and Maintenance of City Trees).\nStaff Report\nAttachment A - Resolution No. 2023-26\nAttachment B - Council Policy G-1 (redline)\nMay 9, 2023\nCONTRACTS AND AGREEMENTS

5. Peninsula Encroachment Removal Project - Notice of Completion for\nContract No. 8814-1 (22M14)\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\nportions of Civil Code; and\nc) Release Faithful Performance Bond one year after acceptance by the City\nCouncil.\nStaff Report\nAttachment A - Location Map

6. Award of On-Call Maintenance/Repair Services Agreement with South Coast\nIndustrial Door, Inc. for Roll-up Doors and Gates\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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Approve On-Call Maintenance and Repair Service Agreement with South\nCoast Industrial Door, Inc. for a term of five-years and a total not-to-exceed cost\nof $675,000, and authorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement

7. Award of On-Call Maintenance and Repair Services Agreement with Animal\nPest Management Services, Inc. to Provide Vector Control Services for City\nFacilities and Grounds\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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Approve On-Call Maintenance and Repair Services Agreement with Animal\nPest Management Services, Inc. for Vector Control Services for a term of five\nyears and a total not-to-exceed amount of $275,000, and authorize the Mayor\nand City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement\nMay 9, 2023

8. Approval to Purchase One Ford E-450 Type B Glaval Bus from A-Z Bus\nSales and Two Engine Driven Storm Water Pumps from Charles King\nCompany\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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly;\nb) Approve Purchase Order 22201093 for a Ford E-450 Type B Glaval Bus from\nA-Z Bus Sales, Inc. for a total amount of $123,570.76;\nc) Approve the Sole Source purchase of two Pioneer Engine Driven Storm Water\nPumps from Charles King Company of Signal Hill, the sole distributor for Pioneer\nPumps in the Southern California region, and authorize the execution of a\nPurchase Order for a total amount of $255,745.97;\nd) Approve Budget Amendment No. 23-066, appropriating $102,817 in increased\nexpenditures in Account No. 7529032-911016 (Rolling Equipment) from\nunappropriated fund balance reserves within the Equipment Fund; and\ne) Authorize a contingency of $19,000 (approximately 5% of total quotes) to\ncover the cost of unforeseen changes to the current quotes.\nStaff Report\nAttachment A - Transit Bus Quote 2/15/22\nAttachment B - Force Majeure Letter\nAttachment C - Transit Bus Quote 4/1/23\nAttachment D - Water Pump Quotes\nAttachment E - Sole Source Letter\nAttachment F - Budget Amendment\nMay 9, 2023

9. Approval of Professional Services Agreement with Kitchell/CEM, Inc. for\nPark Condition Assessment and Park Maintenance Master Plan 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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Approve a Professional Services Agreement (PSA) with Kitchell/CEM, Inc. for\nPark Condition Assessment and Park Maintenance Master Plan Services for a\nnot-to-exceed amount of $249,785, and authorize the Mayor and City Clerk to\nexecute the Agreement.\nStaff Report\nAttachment A - Agreement\nMISCELLANEOUS