Newport Beach — 2023-06-27

III. CLOSED SESSION - Council Chambers Conference Room\nA. 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\nB. CONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 3 matters\nAgency Designated Representatives: Noah Blom, Mayor, and Will O’Neill, Mayor\nPro Tem.\nUnrepresented Employees: Grace Leung, City Manager, Aaron Harp, City\nAttorney, and Leilani Brown, City Clerk.\n Council meeting.\nL

10. Amendment No. One to the Amended and Restated Ground Lease with\nBalboa Bay Club Ventures, LLC for the Tidelands Property Located at 1221\nWest Coast Highway\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 it this action will not result in a physical change to the environment, directly\nor indirectly; and\nb) Authorize the Mayor and City Clerk to execute Amendment No. One to Amended\nand Restated Ground Lease by and Between the City of Newport Beach and Balboa\nBay Club Ventures, LLC, for the tidelands property located at 1221 West Coast\nHighway, in a form substantially similar to the agreement prepared by the City\nAttorney’s Office.\nStaff Report\nAttachment A – Amendment No. One\nAttachment B – Amended and Restated Ground Lease\nAttachment C – Letter request from Balboa Bay Club Ventures, LLC

11. Software License Agreement with Dell for Microsoft Products\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 Software License Agreement with Dell Marketing L.P., a Delaware\ncorporation, for a three-year term for Microsoft software products in the total amount\nof $210,829.29, and authorize the Mayor and City Clerk to execute the Agreement.\nStaff Report\nAttachment A - Quote from Dell Marketing L.P.\nAttachment B - Enterprise Agreement with Microsoft\nJune 27, 2023

12. First Amendment to Temporary Employment Agreement with Former\nEmployee Anne Donnelly\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 first amendment to the Temporary Employment Agreement with\nformer employee Anne Donnelly, who retired on December 19, 2020, to fill the\nposition of Police Dispatcher - P/T for a limited duration while the Police Department\nworks to fill the staffing shortages and authorize the Mayor and City Clerk to execute\nthe agreement.\nStaff Report\nAttachment A - Amendment No. One to Temporary Employment Agreement

13. Agreement with RCS Investigations and Consulting, LLC, for Background\nInvestigative 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 RCS Investigations and\nConsulting, LLC, for Background Investigative Services in an amount not -to-exceed\n$550,000, and authorize the Mayor and City Clerk to execute the Agreement.\nStaff Report\nAttachment A - Professional Services Agreement

14. Award of On-Call Harbor Maintenance/Repair Services Agreement with Swift\nSlip Dock & Pier Builders, Inc. for On-Call Dock Maintenance\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 an On-Call Maintenance/Repair Services Agreement with Swift Slip\nDock & Pier Builders, Inc. for On-Call Dock Maintenance at a not-to-exceed amount\nof $400,000 over five years, and authorize the Mayor and City Clerk to execute the\nagreement.\nStaff Report\nAttachment A - On-Call Maintenance/Repair Services Agreement\nJune 27, 2023

15. Approval of a Professional Services Agreement with Dudek, Inc. for\nConsulting Services for the Comprehensive General Plan Update\n(PA2022-080)\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,\nCalifornia Code of Regulations, Title 14, Division 6, Chapter 3, because this action\nwill not result in a physical change to the environment, directly or indirectly; and\nb) Approve and authorize the Mayor and City Clerk to execute a Professional\nServices Agreement with Dudek, Inc. for Consulting Services on the Comprehensive\nGeneral Plan Update in an amount not to exceed $1,478,029.75 in a form\nsubstantially similar to the agreement attached to the staff report.\nStaff Report\nAttachment A - Professional Services Agreement with Dudek, Inc\nMISCELLANEOUS

16. Planning Commission Agenda for the June 22, 2023 Meeting\nReceive and file.\nPlanning Commission Action Report\nPlanning Commission Agenda

17. Acceptance of Officer Wellness and Mental Health Grant\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 the State of California Officer Wellness and Mental Health Grant in the\namount of $94,079.08; and\nc) Approve Budget Amendment No. 24-003 appropriating $31,359.69 in increased\nexpenditures in Account No. 01035352-861009-G2330 for FY 2023-24.\nStaff Report\nAttachment A – Budget Amendment No. 24-003\nAttachment B – Officer Wellness and Mental Health Grant Award Letter\nJune 27, 2023

18. Acceptance of Opioid Settlement Funds\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 funds from the Janssen, Distributors and NOAT II Settlement Fund,\ntotaling $395,765.84; and\nc) Approve Budget Amendment No. 23-071 increasing NBPD revenue estimates\nand expenditure appropriations by $395,765.84.\nStaff Report\nAttachment A - Budget Amendment No. 23-071\nAttachment B - Settlement Funds Allowable Expenditures\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Ordinance No. 2023-7: Amending Newport Beach Municipal Code Section\n3.36.030 Related to Cost Recovery\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 environment,\ndirectly or indirectly; and\nb) Conduct a second reading and adopt Ordinance No. 2023-7, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Newport\nBeach Municipal Code Section 3.36.030 Related to Cost Recovery Percentages.\nStaff Report\nAttachment A – Ordinance No. 2023-7\nAttachment B – Redline Amended Newport Beach Municipal Code\nJune 27, 2023

4. Ordinance No. 2023-10: Establishing the “VE” Special Flood Hazard Area\nOverlay District (PA2018-075)\na) Find the adoption of this ordinance is not subject to the California Environmental\nQuality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA\nGuidelines Sections 15060(c)(2), 15060(c)(3) and 15378. The action is also exempt\npursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential\nto a have a significant effect on the environment. The amendments themselves do\nnot authorize development that would directly result in physical change to the\nenvironment; and\nb) Conduct second reading and adopt Ordinance No. 2023-10, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Title 20\n(Planning and Zoning) of the Newport Beach Municipal Code to Establish the\nSpecial Flood Hazard (VE) Overlay District (PA2018-075).\nStaff Report\nAttachment A - Ordinance No. 2023-10\nRESOLUTIONS FOR ADOPTION

5. Resolution No. 2023-39: Authorizing the Temporary Closure Of Selected\nStreets for the Fourth of July Holiday Period\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. 2023-39, 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. 2023-39\nJune 27, 2023\nCONTRACTS AND AGREEMENTS

6. FY 2022-23 Playground Refurbishment Program - Award of Contract No.\n8953-1 (23P01)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301_Class 1 (rehabilitation of deteriorated facilities) of the\nCEQA Guidelines, because this project results in no expansion of an existing use\nand has no potential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Declare the bid submitted by Western State Builders, Inc. (WSB) of Escondido,\nCA as non-responsive;\nd) Award Contract No. 8953-1 to R.E. Schultz for the base bid price of $293,315,\nand authorize the Mayor and City Clerk to execute the contract; and\ne) Establish a contingency of $30,000 (approximately 10 percent) to cover the cost\nof unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nAttachment B - Bid Protest Letter\nAttachment C - Response to Bid Protest

7. Approval of Amendment No. One to Maintenance and Repair Services\nAgreement for Landscape Maintenance of Medians and Roadsides with\nBrightView Landscape Services, Inc. (Contract No. 8651-1)\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; and\nb) Approve Amendment No. One to the Maintenance and Repair Services\nAgreement with BrightView Landscape Services, Inc. (BrightView) for Landscape\nMaintenance of Medians and Roadsides to increase the contract fixed -maintenance\nnot-to-exceed amount by $131,750 annually for four and half years plus CPI for a\ntotal fixed-maintenance not-to-exceed amount of $14,869,688; and increase the\non-call portion of the contract by $2,280,000 for a new on-call NTE amount of\n$4,380,068, and authorize the Mayor and City Clerk to sign the amendment. The\namendment would raise the total overall contract NTE from $16,350,000 to\n$19,249,756.\nStaff Report\nAttachment A - Amendment No. One to Maintenance/Repair Services Agreement\nJune 27, 2023

8. Approval to Purchase Five Toyota Tacoma Pick Up Trucks from RP\nAutomotive of Downey, CA.\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. 23-076, appropriating $104,304.60 in\nincreased expenditures in Account No. 7529032-911016 (Rolling Equipment) from\nunappropriated fund balance reserves within the Equipment Fund;\nc) Approve a Purchase Order for five Toyota Tacoma pickup trucks from RP\nAutomotive of Downey, CA, for a total amount of $165,341; and\nd) Authorize a contingency of $8,500 (approximately 5% of total quotes) to cover the\ncost of unforeseen changes to the current quotes.\nStaff Report\nAttachment A - Purchase Order 22300484\nAttachment B - Purchase Order 22300489\nAttachment C - RP Automotive Bid\nAttachment D - Budget Amendment No. 23-076

9. Professional Services Agreement with American Global Security, Inc. for\nSecurity Guard 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;\nb) Approve Professional Services Agreement with American Global Security, Inc .\nfor Security Guard Services in an amount not to exceed $550,000, and authorize the\nMayor and City Clerk to execute the agreement; and\nc) Approve Budget Amendment No. 24-005, appropriating $70,000 in increased\nexpenditure in the City Manager’s Office - Administration - Professional Services\nAccount, 01020005-811008, from unappropriated fund balance reserves of the\nGeneral Fund.\nStaff Report\nAttachment A - Professional Services Agreement\nAttachment B - Budget Amendment No. 24-005\nJune 27, 2023