Newport Beach — 2023-08-22

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\nAugust 22, 2023\nB. CONFERENCE WITH LEGAL COUNSEL\nEXISTING LITIGATION - ANTICIPATED LITIGATION\n(Government Code § 54956.9 (d)(1) and (d)(4)): 1 Matter\nGloria Johnson, et al. v. City of Grants Pass\nUnited States Court of Appeals for the Ninth Circuit Case Nos. 20-35752;\n20-35881\nUnited States District Court for the District of Oregon Case No.\n1:18-cv-01823-CL\n(The reason for holding a closed session is for the purpose of conferring with and /or\nreceiving advice from the City’s legal counsel and to receive direction from the City\nCouncil regarding the possible filing and/or participation in an amicus brief in this\ncase.)

10. Ford Road Wastewater Pump Station Improvement - Award of Contract No.\n7731-2 (23S04)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301(b), Class 1 (maintenance of existing public facilities used\nto provide sewerage) of the CEQA Guidelines, California Code of Regulations, Title\n14, Chapter 3, because this project has no potential to have a significant effect on\nthe environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 7731-2 to Paulus Engineering, Inc. for the bid price of\n$799,700 for the Ford Road Wastewater Pump Station Improvement Project, and\nauthorize the Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $80,000 (approximately 10 percent of total bid) to\ncover the cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map

11. Streetlight Foundation Inspection and Replacement - Award of Contract No.\n9233-1 (23V02)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15302(c) (replacement of existing utility facilities involving\nnegligible expansion of capacity) of the CEQA Guidelines, because this project has\nno potential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 9233-1 to Servitek Electric, Inc. for the bid price of $378,000\nfor the Streetlight Foundation Inspection and Replacement Project, and authorize the\nMayor and City Clerk to execute the contract; and\nd) Establish a contingency of $38,000 (approximately 10 percent of total bid) to\ncover the cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nAugust 22, 2023

12. Arroyo Park Synthetic Turf Field Installation - Award of Contract No. 8891-2\n(23P11)\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\nhas no potential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Declare the bid packages submitted by Legion Contractors, Inc. of Irvine,\nCalifornia as non-responsive;\nd) Approve Budget Amendment No. 24-012 appropriating $1,665,952 in increased\nexpenditures in Account No. 53601-980000-23P11 (Arroyo Park Synthetic Turf) from\nGeneral Fund surplus for Fiscal Year 2022-23;\ne) Award Contract No. 7127-5 to Byrom-Davey, Inc., for the total bid price of\n$2,596,027 for the Arroyo Park Synthetic Turf Field Installation project, and authorize\nthe Mayor and City Clerk to execute the contract; and\nf) Establish a contingency of $259,000 (approximately 10 percent of total bid) to\ncover the cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nAttachment B - Budget Amendment

13. Window Washing and Exterior Cleaning Services - Maintenance and Repair\nAgreement with Crown Building Services, Inc.\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 a five-year Agreement with Crown Building Services Inc. to provide\nWindow Washing and Exterior Cleaning Services for a total not-to-exceed amount of\n$401,000; and\nc) Authorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement\nAugust 22, 2023

14. Award of On-Call Harbor Maintenance/Repair Service Agreements with\nSouth Waterfront Construction Corporation and Tidal Marine Construction,\nInc.\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 two separate On-Call Maintenance/Repair Services Agreements: one\nwith South Waterfront Construction Corporation at a not-to-exceed amount of\n$400,000 and one with Tidal Marine Construction, Inc. at a not-to-exceed amount of\n$300,000, both over the span of five years, and authorize the Mayor and City Clerk to\nexecute the agreements.\nStaff Report\nAttachment A - South Waterfront Construction Corporation Agreement\nAttachment B - Tidal Marine Construction, Inc. Agreement

15. Approval of Amendment No. One to Agreement for Consulting Arborist\nServices with Dudek (Contract No. 7936-1)\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 Agreement with Dudek for Consulting\nArborist Services to increase the total contract not-to-exceed amount to $270,000\nand extend the contract an additional three years to a new expiration date of October\n1, 2026, and authorize the Mayor and City Clerk to execute the amendment.\nStaff Report\nAttachment A - Amendment No. One

16. Agreement for the Temporary Assignment of a Fire Engine from California\nGovernor’s Office of Emergency Services (Cal OES) to the City of Newport\nBeach\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 the Agreement for Temporary Assignment of Vehicular Equipment with\nCalifornia Governor’s Office of Emergency Services (Cal OES) for temporary\nassignment of Cal OES Fire Engine No. 1105 and authorize the City Manager and\nthe City Clerk to execute the agreement.\nStaff Report\nAttachment A – Cal OES Letter\nAttachment B – Agreement for Temporary Assignment of Vehicular Equipment\nAugust 22, 2023

17. Amendment No. Eight to Professional Services Agreement with Parkmobile,\nLLC for Pay-By-Cell and Parking Reservation 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 Amendment No. Eight to extend the Agreement termination date to\nNovember 30, 2023, and authorize the Mayor and City Clerk to execute the\nAmendment.\nStaff Report\nAttachment A - Amendment No. Eight with Parkmobile

18. Approval of Independent Contractor Agreement with Newport Bay\nNaturalists and Friends, d.b.a. Newport Bay Conservancy, for the Fostering\ninterest in Nature (FiiN) 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;\nb) Award a five (5) year professional services agreement for the Fostering interest\nin Nature Program to Newport Bay Naturalists and Friends, d.b.a. Newport Bay\nConservancy, for the total not-to-exceed amount of $692,500, and authorize the\nMayor and City Clerk to execute the agreement; and\nc) Approve Budget Amendment No. 24-017 to appropriate $76,758.65 in increased\nexpenditure appropriations for the program modifications of increasing the number\nof programs per year.\nStaff Report\nAttachment A - Agreement\nAttachment B - Budget Amendment 24-017

19. Approval for the Purchase and Delivery of Unleaded Gasoline and\nRenewable Diesel Fuel\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 City Manager to approve Purchase Orders for the Public Works\nDepartment for the purchase and delivery of unleaded gasoline and diesel fuel to\nJune 30, 2026, for a three-year term, for a total not-to-exceed of $3,600,000 and the\noption to extend the purchases for two additional years not -to-exceed $1,200,000\nper fiscal year.\nStaff Report\nAugust 22, 2023\nMISCELLANEOUS

20. Planning Commission Action Report for the August 3, 2023 Meeting and\nAgenda for the August 17, 2023 Meeting\nReceive and file.\nPlanning Commission Action Report 08-3-2023\nPlanning Commission Action Report 08-17-2023\nPlanning Commission Agenda

21. Resolution No. 2023-51: Amending the General Plan Advisory Committee\nAttendance Rules and Confirmation of Appointment to the General Plan\nAdvisory 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 Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Adopt Resolution No. 2023-51, A Resolution of the City Council of the City of\nNewport Beach, California, Amending the Rules Established by Resolution No.\n2022-59 Related to the General Plan Advisory Committee to Include Meeting\nAttendance Requirements; and\nc) Confirm the General Plan Update Steering Committee’s recommended\nappointment of Nicholas Acevedo to fill the vacancy on the General Plan Advisory\nCommittee.\nStaff Report\nAttachment A - Resolution No. 2023-51\nAttachment B - Application

22. Confirmation of Nominations to Fill the Unscheduled Vacancy on the Board\nof Library Trustees\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 the nominations of Antonella Castro and Timothy Rief to fill the vacancy\non the Board of Library Trustees.\nStaff Report\nAttachment A - Applications\nAugust 22, 2023

23. Visit Newport Beach, Inc. Fiscal Year 2023-24 Budget Supplemental\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\nAttachment A – Letter

24. Response to Grand Jury Report: “Welcome to the Neighborhood"\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 the City’s response to the 2022-2023 Orange County Grand Jury\nReport, “Welcome to the Neighborhood- Are cities responsibly managing the\nintegration of group homes?” and authorize the Mayor to submit it to the Presiding\nJudge of the Superior Court pursuant to Penal Code Section 933.05 (a) and (b).\nStaff Report\nAttachment A - Orange County Grand Jury Report\nAttachment B - City Draft Response Letter

25. Response to the Orange County Grand Jury Report “School Shootings:\nHow Prepared are Orange County Public Schools?”\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 the City’s response to the 2022-2023 Orange County Grand Jury report,\n“School Shootings: How Prepared are Orange County Public Schools?” and\nauthorize the Mayor to submit the letter to the Presiding Judge of the Superior Court.\nStaff Report\nAttachment A - Orange County Grand Jury Report\nAttachment B - Proposed Response\nAugust 22, 2023

26. Response to 2022-2023 Orange County Grand Jury Report “Historic Rain,\nYet Drought Remains”\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 the City’s response to the 2022-2023 Orange County Grand Jury Report\n"Historic Rain, Yet Drought Remains” and authorize the Mayor to submit the letter to\nthe Presiding Judge of the Superior Court.\nStaff Report\nAttachment A - Orange County Grand Jury Report\nAttachment B – Proposed Response\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Ordinance No. 2023-13: An Amendment to Newport Place Planned\nCommunity Development Plan to Revise the Minimum Affordability Housing\nPercentage of the Residential Overlay (PA2023-0082)\na) Find the adoption of this ordinance is not subject to the California Environmental\nQuality Act (CEQA) in accordance with Section 21065 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 proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)\n(3), the general rule that CEQA applies only to projects, which have the potential for\ncausing a significant effect on the environment; and\nb) Conduct second reading and adopt Ordinance No. 2023-13, An Ordinance of\nthe City Council of the City of Newport Beach, California, Approving an\nAmendment to the Newport Place Planned Community Development Plan to\nRevise the Minimum Affordability Housing Percentage of the Residential Overlay\n(PA2023-0082).\nStaff Report\nAttachment A – Ordinance No. 2023-13\nRESOLUTIONS FOR ADOPTION

4. Resolution No. 2023-46: Resolution of Intention to Conduct a Public Hearing\nto Grant New Non-Exclusive Solid Waste Franchise\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. 2023-46, A Resolution of the City Council of the City of\nNewport Beach, California, Declaring Its Intention to Conduct a Public Hearing to\nConsider Granting a Non-Exclusive Commercial Solid Waste and Divertible\nMaterials Handling Franchise.\nStaff Report\nAttachment A - Resolution No. 2023-46\nAttachment B - Sample Franchise Agreement\nAugust 22, 2023

5. Resolution No. 2023-47: Waiving Council Policies B-8 and B-13 to Permit a\nCharity Volleyball Tournament\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) Adopt Resolution No. 2023-47, A Resolution of the City Council of the City of\nNewport Beach, California, Waiving Council Policy B-8, and Section A.1 of\nCouncil Policy B-13 to Permit a Charity Volleyball Tournament and Allow for\nAlcoholic Beverages on a City Beach Held by Volleyball Newport Beach Inc.\nStaff Report\nAttachment A - Letter\nAttachment B - Resolution No. 2023-47\nAttachment C - Council Policy B-8\nAttachment D - Council Policy B-13

6. Resolution No. 2023-48: Amended Joint Powers Agreement for the\nIntegrated Law and Justice Agency for Orange County\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) Adopt Resolution No. 2023-48, A Resolution of the City Council of the City of\nNewport Beach, California, Approving the Restated and Amended Joint Powers\nAgreement for Integrated Law and Justice Agency for Orange County; and\nc) Approve the amended Joint Powers Agreement for the Integrated Law and\nJustice Agency for Orange County and authorize the Mayor to execute the\nagreement.\nStaff Report\nAttachment A - Resolution 2023-48\nAttachment B - Amended Agreement\nAttachment C - ILJAOC Staff Report\nAttachment D - Amended Agreement (redline)\nAugust 22, 2023

7. Resolution No. 2023-49: Authorizing a Grant Agreement for the San Diego\nCreek Trash Interceptor Project - Contract No. 7127-5 (17X12)\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. 2023-49, A Resolution of the City Council of the City of\nNewport Beach, California, Authorizing an Agreement with the State of California\nDepartment of Water Resources to Receive Funds for the San Diego Creek Trash\nInterceptor Project.\nStaff Report\nAttachment A - Location Map\nAttachment B - Resolution No. 2023-49

8. Resolution No. 2023-50: Amending the Staff Structure of the Harbor\nDepartment\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) Change the staffing structure of the Harbor Department by eliminating one\nfull-time Harbor Service Worker position and replacing it with the addition of one\nfull-time Lead Harbor Service Worker position; and\nc) Adopt Resolution No. 2023-50, A Resolution of the City Council of the City of\nNewport Beach, California, Amending the Staffing Structure in the Harbor\nDepartment.\nStaff Report\nAttachment A - Resolution No. 2023-50\nCONTRACTS AND AGREEMENTS

9. Gateway Park Improvements - Notice of Completion of Contract No. 8791-1\n(23L01)\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 portions\nof the Civil Code; and\nc) Release the Faithful Performance Bond one year after acceptance by the City\nCouncil.\nStaff Report\nAttachment A - Location Map\nAugust 22, 2023