Newport Beach — 2023-05-23

IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room\nA. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION\n(Government Code § 54956.9(d)(1)): 2 matters\n1. Orange County Coastkeeper v. U.S. Army Corps of Engineers\nUnited States District Court Case No. 8:23-cv-00507-DOC-JDE\n2. Friends of Newport Harbor v. U.S. Army Corps of Engineers\nUnited States District Court Case No: 5:23-cv-00591\nDAN SLATER\nAGENDA Mayor\nARIANNA BARRIOS\nMayor pro tem, District 1\nCouncilmember, District 2\nTom Kisela\nMay 23, 2023 KATHY TAVOULARIS\nCity Manager Councilmember, District 3\nMary Binning 5:00 PM Closed Session DENIS BILODEAU\nCity Attorney Councilmember, District 4\n6:00 PM Regular Session\nPamela Coleman ANA GUTIERREZ\nCity Clerk Councilmember, District 5\nCity Council Chamber\n300 E. Chapman Avenue JOHN GYLLENHAMMER\nOrange, CA 92866 Councilmember, District 6\nThe City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City\nCouncil meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.\nAgenda Information\nThe agenda contains a brief general description of each item to be considered. The City Council may take\nlegislative action deemed appropriate with respect to the item and is not limited to the recommended action\nindicated in staff reports or the agenda. The agenda and supporting documentation is available after 4:00 p.m. on\nthe Thursday prior to the Council meeting on the City's website at www .cityoforange.org, at the City Clerk's Office\nlocated at 300 E. Chapman Avenue, and at the Main Public Library located at 407 E. Chapman Avenue. Written\nmaterials relating to an item on the agenda that are provided to the City Council after agenda packet distribution\nand within 72 hours before Council is to consider the item will be made available for public inspection in the City\nClerk’s Office during normal business hours; at the City Council meeting; and made available on the City's\nwebsite.\nPublic Participation\nRegular meetings are televised live on Spectrum Cable Channel 3 and AT&T U-verse Channel 99, and streamed\nlive and on-demand on the City's website at www.cityoforange.org.\nPursuant to Government Code Section 54954.3, members of the public may address the City Council on any\nagenda item before or during Council’s consideration of the item, and on any other matters within the City\nCouncil’s jurisdiction by using any of the following methods:\n1) In-Person\nTo speak on an item on the agenda, complete a speaker card indicating your name and address, and\nidentifying the agenda item number or subject matter you wish to address. The card should be given to the\nCity Clerk prior to the start of the meeting. General comments are received during the “Public Comments”\nsection at the beginning of the Regular Session. No action may be taken on off -agenda items unless\nauthorized by law. Public Comments are limited to three (3) minutes per speaker unless a different time limit\nis announced. It is requested that you state your name for the record, then proceed to address the City\nCouncil. All speakers shall observe civility, decorum, and good behavior.\n(Continued on page 2)\n2) Written Public Comments via email or eComment\nMembers of the public can submit their written comments electronically for City Council consideration by\nemailing them to CCpubliccomment@cityoforange.org with the subject line “Public Comment Item # (insert\nthe item number relevant to the comment)” or “Public Comment Non-agenda Item” for general public\ncomments. The public can also submit written comments on the City ’s eComment page. Please visit the\nCity’s website at www.cityoforange.org, click Current City Council Agenda, then click the eComment link for\nthis meeting. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the\npublic to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided\nto the Council and posted on the City’s website.\n3) Public Comments via recorded voicemail message\nFinally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the\nmeeting. Recorded messages will not be played at the meeting, but will be provided to the Council.\nIn accordance with Ordinance No. 10-01, any person making personal, impertinent, slanderous or profane\nremarks or who becomes boisterous while addressing the Council shall be called to order by the Mayor. If such\nconduct continues, the Mayor may order the person barred from addressing the City Council further during that\nmeeting, unless permission to continue is granted by a majority vote of the Council.\nPlease contact the City Clerk’s Office at (714) 744-5500 with any questions.\nADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to\nparticipate in this meeting, please contact the City Clerk's office at (714) 744-5500. Notification at least 48 hours\nin advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.\nREMINDER: Please silence all electronic devices while City Council is in session.\n5:00 PM CLOSED SESSION\n1. CALL TO ORDER\n1.1 ROLL CALL\n2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS\nAt this time, members of the public may address the Council on Closed Session items\nonly. Public Comments are limited to three (3) minutes per speaker.

10. Appointment to the Aviation Committee to Fill an Unscheduled Vacancy\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 Council Member Stapleton’s appointment of Drew Teicheira as the\nDistrict 1 Member to the Aviation Committee, for a term ending June 30, 2025.\nStaff Report\nAttachment A - Application\nMay 23, 2023

11. Conversion of Boardwalk Ambassador Program to Boardwalk and Quality of\nLife Enforcement 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) Receive and file.\nStaff Report

12. Fiscal Year 2022-23 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;\nb) Approve Budget Amendment No. 23-067, adjusting revenue estimates and\nexpenditure appropriations for the Fiscal Year 2022-23 budget as outlined in the\nreport; and\nc) Receive and file the report of budget amendments for the third quarter.\nStaff Report\nAttachment A - Budget Amendment\nAttachment B - 3rd Quarter Budget Amendments

13. Set Public Hearing Date to Adopt Fiscal Year 2023-2024 Budget\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) Schedule a public hearing of the City’s Proposed Budget for Fiscal Year 2023-\n2024 for June 13, 2023, and direct the City Clerk to publish a notice of said hearing\nin accordance with Section 1102 of the Newport Beach Charter.\nStaff Report\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED\nMay 23, 2023

3. Ordinance Nos. 2023-4 and 2023-5: Code Amendments Related to Time\nShares (PA2022-0202)\na) Find proposed amendments to Titles 20 and 21 of the NBMC are not subject to\nthe California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2)\nand 15061(b)(3) of the CEQA Guidelines, because it would not result in a direct or\nreasonably foreseeable indirect physical change in the environment and is covered\nby the general rule that CEQA applies only to projects which have the potential for\ncausing a significant effect on the environment. Additionally, the proposed\namendments to Titles 20 and 21 of the NBMC are categorically exempt pursuant to\nSection 15308 because the ordinances involve regulatory actions to assure\nprotection of the environment;\nb) Conduct second reading and adopt Ordinance No. 2023-4, An Ordinance of the\nCity Council of the City of Newport Beach, California, Approving an Amendment to\nTitle 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to\nTime Shares (PA2022-0202); and\nc) Conduct second reading and adopt Ordinance No. 2023-5, An Ordinance of the\nCity Council of the City of Newport Beach, California, Approving and Authorizing\nSubmittal of a Local Coastal Program Amendment to the California Coastal\nCommission Amending Title 21 (Local Coastal Program Implementation Plan) of\nthe Newport Beach Municipal Code Related to Time Shares (PA2022-0202).\nStaff Report\nAttachment A - Ordinance No. 2023-4\nAttachment B - Ordinance No. 2023-5\nMay 23, 2023

4. Ordinance No. 2023-6: A Code Amendment Updating Commercial Parking\nRequirements (PA2021-104)\na) Find the adoption of this ordinance is not subject to the California Environmental\nQuality Act (CEQA) in accordance with Section 20165 of the California Public\nResources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the\nCalifornia Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines).\nThe Code Amendment is also exempt pursuant to CEQA Guidelines Section\n15061(b)(3), the general rule that CEQA applies only to projects, which have the\npotential for causing a significant effect on the environment; and\nb) Conduct second reading and adopt Ordinance No. 2023-6, An Ordinance of the\nCity Council of the City of Newport Beach, California, Amending Title 20 (Planning\nand Zoning) of the Newport Beach Municipal Code Related to Commercial\nParking (PA2021-104).\nStaff Report\nAttachment A - Ordinance No. 2023-6\nCONTRACTS AND AGREEMENTS

5. Approval of Traffic Signal Maintenance and Repair Services Agreement with\nYunex Traffic\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 Maintenance and Repair Agreement with Yunex Traffic for\nmaintenance and repair of the City’s traffic signal system for a not-to-exceed fee of\n$500,000 per year and a total not-to-exceed amount of $2,500,000. The initial term\nof the Agreement shall be for one year with the option to extend the agreement for an\nadditional four years, and authorize the Mayor and City Clerk to execute the\nAgreement.\nStaff Report\nAttachment A - Agreement\nMay 23, 2023

6. Award of Agreements for On-Call Water, Wastewater, and Storm Drain Repair\nServices\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 individual Maintenance/Repair Services Agreements with 1) T.E.\nRoberts, Inc., and 2) GCI Construction, Inc., for on-call water, wastewater, and storm\ndrain services, for a five-year contract term with up to a total compensation amount of\n$1,500,000, for each company, and authorize the Mayor and City Clerk to execute\nthe Agreements; and\nc) Approve individual Maintenance/Repair Services Agreements with 3) Mike Prlich\n& Sons, Inc.; 4) Ferreira Coastal Construction Co., 5) Paulus Engineering, Inc.; 6)\nW.A. Rasic Construction, Company, Inc.; 7) Mladen Buntich Construction Company,\nInc.; and 8) J. De Sigio Construction, Inc., for on-call water, wastewater, and storm\ndrain services, for a five-year contract term with up to a total compensation amount of\n$500,000 for each company, and authorize the Mayor and City Clerk to execute the\nAgreements.\nStaff Report\nAttachment A - TE Roberts Agreement\nAttachment B - GCI Construction Agreement\nAttachment C - Mike Prlich & Sons Agreement\nAttachment D - Ferreira Coastal Construction Agreement\nAttachment E - Paulus Engineering Agreement\nAttachment F - W.A. Rasic Construction Agreement\nAttachment G - Mladen Buntich Construction\nAttachment H - J. De Sigio Construction Agreement

7. Amendment No. Three to Temporary Employment Agreement with Rosalinh\nUng\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 Community Development Director to execute\nAmendment No. Three to the Post Retirement Temporary Employment Agreement\nwith retired employee Rosalinh Ung.\nStaff Report\nAttachment A - Amendment 3\nAttachment B - Amendment 2\nAttachment C - Amendment 1\nAttachment D - Original Agreement\nMay 23, 2023

8. Purchase of Six AutoPulse© Automatic Chest Compression Devices\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 Budget Amendment No. 23-072 appropriating $67,491.56 in increased\nexpenditures in Account No. 75604-911024 (Fire Equipment) from the Fire\nDepartment’s unappropriated Internal Service Fund (ISF) equipment fund balance;\nand\nc) Approve the sole source selection and purchase of six (6) Zoll Medical\nCorporation manufactured AutoPulse© mCPR devices and associated components\nand warranties for a total cost of $142,957.85, and authorize the City’s Finance\nDepartment to issue the Purchase Order.\nStaff Report\nAttachment A - Quote\nAttachment B - Budget Amendment\nMISCELLANEOUS

9. Planning Commission Agenda for the May 18, 2023 Meeting\nReceive and file.\nPlanning Commission Action Report\nPlanning Commission Agenda