Newport Beach — 2023-06-13

IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room\nA. CONFERENCE WITH LEGAL COUNSEL\nEXISTING LITIGATION - INITIATION OF LITIGATION\n(Government Code § 54956.9 (d)(1)(4)): 2 matters\nOrange County Water District et al. v. 3M Company, et al.\nOrange County Superior Court Case No. 30-2020-01172419-CU-PL-CXC\nIn re: Aqueous Film-Forming Foams Products Liability Litigation\nUnited States District Court, South Carolina, Charleston Division, MDL No. 2873\n(Master Docket No. 2:18-mn-2873-RMG)\nB. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nProperty: 406, 408, and 410 South Bay Front, Newport Beach, California 92662.\nCity Negotiators: Seimone Jurjis, Community Development Director and Lauren\nWooding Whitlinger, Real Property Administrator.\nNegotiating Parties: Seymour Beek.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\nC. CONFERENCE WITH LEGAL COUNSEL\nANTICIPATED LITIGATION - INITIATION OF LITIGATION\n(Government Code § 54956.9 (d)(4)): 1 matter\nD. PUBLIC EMPLOYEE PERFORMANCE EVALUATION\n(Government Code § 54957(b)(1)): 3 matters\nTitle: Grace Leung, City Manager\nTitle: Aaron Harp, City Attorney\nTitle: Leilani Brown, City Clerk\nE. CONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 1 matter\nAgency Designated Representatives: Noah Blom, Mayor, and Will O’Neill,\nMayor Pro Tem.\nUnrepresented Employees: Grace Leung, City Manager, Aaron Harp, City\nAttorney, and Leilani Brown, City Clerk.

10. Award of Agreements for On-Call Trenchless Pipe Lining 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;\nb) Approve Maintenance/Repair Services Agreement with Sancon Technologies,\nInc., for on-call pipe lining services for a five-year contract term with up to a total\ncontract compensation amount of $750,000, and authorize the Mayor and City\nClerk to execute the Agreement; and\nc) Approve Maintenance/Repair Services Agreement with Southwest Pipeline\nand Trenchless Corp., for on-call pipe lining services, for a five-year contract term\nwith up to a total contract compensation amount of $250,000, and authorize the\nMayor and City Clerk to execute the Agreement.\nStaff Report\nAttachment A - Sancon Agreement\nAttachment B - Southwest Agreement\nJune 13, 2023

11. Award of Services Agreement for Video Inspection 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 Maintenance/Repair Services Agreement with Mattucci Plumbing,\nInc., for video inspection services for a five-year contract term with up to a total\ncontract compensation amount of $2,000,000, and authorize the Mayor and City\nClerk to execute the Agreement.\nStaff Report\nAttachment A - Agreement

12. Amendment No. Two to On-Call Service Agreement for Temporary Pumping\nEquipment\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 Amendment No. 2 to the On-Call Maintenance/Repair Services\nAgreement with Charles King Company, for Temporary Pumping Equipment,\nwhich extends the agreement to June 30, 2025, and increases the total\nagreement compensation by $130,000, and authorize the Mayor and City Clerk to\nexecute the Agreement.\nStaff Report\nAttachment A - Agreement

13. Amendment No. One to the Professional Services Agreement with\nKimley-Horn & Associates, Inc. for Housing Element Implementation\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) Authorize the City Manager and City Clerk to execute Amendment No. One to\nthe Professional Services Agreement with Kimley-Horn & Associates, Inc., for\nHousing, Land Use and Circulation Elements to the General Plan Consulting\nServices and increase the total not-to-exceed contract amount by $395,310.\nStaff Report\nAttachment A - Amendment No. One\nAttachment B - Agreement\nJune 13, 2023

14. Amendment No. Two to a Professional Services Agreement with Sagecrest\nPlanning and Environmental for Staff Augmentation\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 Amendment No. Two to Professional Services Agreement with\nSagecrest Planning and Environmental for Staff Augmentation - Planning\nServices.\nStaff Report\nAttachment A - Amendment No. Two\nAttachment B - Amendment No. One\nAttachment C - Sagecrest Environmental Agreement

15. Professional Service Agreement with Granicus, LLC for Granicus Web and\ngovAccess Updates\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) Authorize the Mayor and City Clerk to execute a five-year maintenance,\nhosting, licensing and website redesign agreement with Granicus, LLC, the sole\nprovider of govAccess for a not-to-exceed amount of $312,155.\nStaff Report\nAttachment A - Agreement\nJune 13, 2023\nMISCELLANEOUS

16. Assembly Bill 1705 for Ground Emergency Medical Transport\nIntergovernmental Transfer Voluntary Participation\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 the City’s voluntary participation in the new PP-GEMT-IGT program\nper AB 1705 for State Calendar Year 2023 (CY 2023) and authorize the City\nManager to execute the Public Provider Intergovernmental Transfer Program for\nGround Emergency Medical Transportation Services Certification Form for State\nCalendar Year 2023 and pay all necessary invoices;\nc) Approve Budget Amendment No. 23-075 appropriating $134,477.47 in\nincreased expenditures in Account No. 01040404-821010 (PP-GEMT-IGT) from\nthe general fund unappropriated fund balance for Fiscal Year 2022-23 in order to\npay the first payment; and\nd) Approve Budget Amendment No. 24-002 appropriating $309,298.18 in\nincreased expenditures in Account No. 01040404-821010 (PP-GEMT-IGT) from\nthe general fund unappropriated fund balance for Fiscal Year 2023-24 to make\nremaining estimated payments to the State under the PP-GEMT-IGT program for\nState Calendar Year 2023.\nStaff Report\nAttachment A - Participation Letter\nAttachment B - Invoice\nAttachment C - Budget Amendment No. 23-075\nAttachment D - Budget Amendment No. 24-002\nJune 13, 2023

17. Community Programs and Special Event Grants Recommendations for\nFiscal Year 2023-24\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) Pursuant to City Council Policy A-12, find that the organizations listed below\nprovide community services or programs that serve residents and are beneficial\nto residents’ quality of life and authorize the allocation of $37,500 of the\nCommunity Programs Grants in the following manner:\nCommunity Programs Grants Applicant Recommendation\nBalboa Island Museum and Historical Society $15,000\nNewport Bay Conservancy $5,000\nNewport Beach Historical Society $1,000\nNewport-Mesa Family YMCA of Orange County $3,000\nOrange Coast College Foundation Marine Program $2,000\nOrange County Coastkeeper $3,500\nOrange County Council, Boy Scouts of America: Sea Base $3,000\nYouth Employment Services $5,000\nTotal $37,500\nc) Approve a fee waiver for the cost of renting the Community Room and the\nFriends Meeting Room for the recurring community programs provided by the San\nDiego Blood Bank ($4,389), Speak Up Newport ($4,795) and Wake Up Newport\n($2,748), totaling $11,932;\nd) Waive City Council Policy A-12, which requires $75,000 to be expended each\nfiscal year for Community Programs Grants, in favor of a reduction to $60,000,\nmatching the Fiscal Year 2023-24 proposed budget;\nJune 13, 2023\ne) Pursuant to City Council Policy A-12, find that the special events listed below\nare community, social or athletic events that are beneficial to residents’ quality of\nlife, and authorize the allocation of $299,412 of the Special Event Grants in the\nfollowing manner:\nCommunity & Charitable Events Recommendation\n4th of July Parade and Picnic $510\nAndersen Deans Port of July $510\nAnnual Corona del Mar Christmas Walk $5,500\nAnnual Corona del Mar Scenic 5K $12,750\nAnnual Newport Classic Surf Contest $1,063\nBalboa Beerfest $1,063\nBalboa Island Carnival & Taste of Balboa $2,000\nBalboa Island Parade $9,800\nBalboa Island Summer Concert Series $1,063\nBalboa Island Street Fair $1,063\nBalboa Island Tree Lighting and Snow Day $510\nBalboa Howl’oween $510\nCar Show $510\nCDM Home Tour $500\nChristmas for a Cause $510\nChristmas in Balboa $510\nCorona del Mar Sandcastle Contest $510\nField of Honor $1,500\nLobsterfest at Newport Beach $2,000\nPicnic at the Park $510\nThe California Gold $510\nWalk for Patrick Turner $510\nWooden Boat Festival $500\nTotal $44,412\nSignature Events Recommendation\nHoag Classic $15,000\nNewport Beach Christmas Boat Parade & Ring of Lights $50,000\nNewport Beach Film Festival $140,000\nNewport-Mesa Spirit Run $30,000\nNewport to Ensenada International Yacht Race $10,000\nSusan G. Komen More than Pink Walk Orange County $10,000\nTotal $255,000; and\nf) Authorize the Recreation and Senior Services Director to sign one -year grant\nagreements with the Signature Event organizers.\nStaff Report\nAttachment A - Council Policy A-12\nAttachment B - Community Programs Grants\nAttachment C - Special Events Grants\nAttachment D - Grant Guidelines\nJune 13, 2023

18. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the\nCity Council\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) Receive and file the report.\nStaff Report\nAttachment A - GPUSC Memo

19. Confirmation of Annual Citizen Member Appointments to the Finance\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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Confirm Council Member Brad Avery’s reappointment of Nancy Scarbrough,\nCouncil Member Robyn Grant’s reappointment of Keith Curry, Council Member\nLauren Kleiman’s reappointment of Allen Cashion, and Council Member Erik\nWeigand’s reappointment of Bill Collopy to serve on the Finance Committee until\nJune 30, 2024.\nStaff Report\nAttachment A - Applications\nJune 13, 2023

20. Confirmation of Nominees for Scheduled Board and Commission\nVacancies, and for One Unscheduled Vacancy on the City Arts Commission\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) Confirm the nominations made by the City Council Ad Hoc Appointments\nCommittee:\nBoard of Library Trustees [2 vacancies]\nBarbara Glabman (incumbent)\nLauren Kramer\nDorothy Larson\nJenny Williams\nBuilding and Fire Board of Appeals [1 vacancy]\nKenneth Kasdan\nMichael Manning (incumbent)\nCity Arts Commission [1 scheduled vacancy and 1 unscheduled\nvacancy expiring June 30, 2025]\nJohn Blom\nWalt Howald\nMelissa Kandel\nVanessa Moore\nSara Salam\nHarbor Commission [1 vacancy]\nKevin Kramer\nJon Marlo\nMarie Marston (incumbent)\nJordan Wachter\nParks, Beaches & Recreation Commission [2 vacancies]\nCraig Hudson\nKate Malouf (incumbent)\nAndrew Nahin\nAnne Yelsey\nPlanning Commission [2 vacancies]\nEkta Naik\nMark Rosene (incumbent)\nDavid Salene\nDebbie Stevens; and\nc) Confirm the nominations made by the Civil Service Board:\nCivil Service Board [1 vacancy]\nLaura Cowie\nMatthew Parisi\nMaiqual Talbot (incumbent)\nJune 13, 2023\nStaff Report\nAttachment A - Board of Library Trustees Applications\nAttachment B - Building and Fire Board of Appeals Applications\nAttachment C - City Arts Commission Applications\nAttachment D - Civil Service Board Applications\nAttachment E - Harbor Commission Applications\nAttachment F - Parks, Beaches and Recreation Commission Applications\nAttachment G - Planning Commission Applications\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Ordinance No. 2023-8: Recommendations Resulting from Harbor\nCommission Objective 2.3 to Improve Navigation Safety, Allow for\nAdditional Moorings Within the Fields and Mooring Size Exchange Requests\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Section 15302 under Class 2 (Replacement or\nReconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14,\nChapter 3, because it has no potential to have a significant effect on the\nenvironment; and\nb) Conduct a second reading and adopt Ordinance No. 2023-8, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Sections\n17.25.020 (Anchorage, Berthing and Mooring Regulations) and 17.60.040\n(Mooring Permits) of the Newport Beach Municipal Code.\nStaff Report\nAttachment A - Ordinance No. 2023-8\nJune 13, 2023\nRESOLUTIONS FOR ADOPTION

4. Resolution No. 2023-33: Specifying Uses for FY2023-24 RMRA Funding from\nthe Road Repair and Accountability Act of 2017\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) Adopt Resolution No. 2023-33, A Resolution of the City Council of the City of\nNewport Beach, California, Adopting a List of Projects for Fiscal Year 2023-24\nFunded by SB 1, The Road Repair and Accountability Act of 2017.\nStaff Report\nAttachment A - Resolution No. 2023-33

5. Resolution No. 2023-34: Adoption of Fiscal Year 2023-24 Appropriations\nLimit\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) Adopt Resolution No. 2023-34, A Resolution of the City Council of the City of\nNewport Beach, California, Determining and Establishing an Appropriations Limit\nfor Fiscal Year 2023-24 in Accordance with Article XIII B of the California\nConstitution and Government Code Section 7910, in the amount of\n$246,571,634.\nStaff Report\nAttachment A - Resolution No. 2023-34\nJune 13, 2023

6. Resolution No. 2023-35: Annual Measure M2 Eligibility Submittal\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) Adopt the Measure M2 Seven-Year Capital Improvement Program (CIP);\nc) Adopt Resolution No. 2023-35, A Resolution of the City Council of the City of\nNewport Beach, California, Concerning the Status and Update of the Circulation\nElement, Mitigation Fee Program, Local Signal Synchronization Plan, and\nPavement Management Plan for the Measure M2 Program, and thereby adopting\nthe updated Local Signal Synchronization Plan; and\nd) Direct staff to submit all necessary material to OCTA to satisfy the FY 2023-24\nMeasure M2 annual eligibility requirements.\nStaff Report\nAttachment A - Measure M2 7-Year CIP\nAttachment B - Resolution No. 2023-35\nAttachment C - Mitigation Fee Program - Fair Share Fee Schedule\nAttachment D - Local Signal Synchronization Plan\nAttachment E - Pavement Management Plan

7. Resolution No. 2023-36: Confirmation of Nominations to the Water\nQuality/Coastal Tidelands 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;\nb) Adopt Resolution No. 2023-36, A Resolution of the City Council of the City of\nNewport Beach, California, Waiving the Term Limits Established by Resolution\nNos. 2012-115, 2021-11, and City Council Policy A-2, Boards, Commissions and\nCommittees; and\nc) Confirm the nominations of the following applicants to fill the three available\nCommittee seats, each with terms scheduled to expire June 30, 2027:\nLawrence (Tom) Houston\nCraig Hudson\nSteve Patterson\nSpencer Pirdy\nGeorge Robertson\nJohn Wadsworth.\nStaff Report\nAttachment A - Resolution No. 2023-36\nAttachment B - Applications\nJune 13, 2023\nCONTRACTS AND AGREEMENTS

8. FY 2021-22 Streetlight Improvements Project (Harbor View Hills) - Notice of\nCompletion for Contract No. 7661-3 (22V02)\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

9. FY 2021-2022 Playground Improvements - Notice of Completion of Contract\nNo. 8716-1 (22P01)\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 the Civil Code; and\nc) Release the Faithful Performance Bond one year after acceptance by the City\nCouncil.\nStaff Report\nAttachment A - Location Map