Newport Beach — 2023-10-10

III. CLOSED SESSION - Council Chambers Conference Room\nA. CONFERENCE WITH LEGAL COUNSEL\nEXISTING LITIGATION\n(Government Code § 54956.9 (d)(1)): 1 matter\nState Farm General Insurance Company v. City of Newport Beach\nOrange County Superior Court Case No. 30-2022-01279624-CU-PO-CJC\nB. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nProperty: 883 W. 15th Street, Newport Beach, CA 92660 - APN: 424-011-37\nCity Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Wooding\nWhitlinger, Real Property Administrator.\nNegotiating Parties: David Bahnsen for Pacifica Christian High School - Orange\nCounty\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment personal employment contracts), franchise, license, permit, or other\nentitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than\ntwo hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent to any elected\nor appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record.

10. Award of Professional Services Agreement with Laz Parking, LLC for\nParking Management and Parking Enforcement 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 a five-year Professional Services Agreement with Laz Parking, LLC for\nparking management, and parking enforcement services for a five -year period\nending October 31, 2028, and a total not-to-exceed amount of $9,967,286;\nc) Establish a contingency of $906,117 (10 percent of Laz Parking’s proposed\ncost) to cover the cost of unforeseen purchases or additionally required labor. This\ncontingency is included in the not-to-exceed amount of $9,967,286; and\nd) Authorize the Mayor and City Clerk to execute the Agreement.\nStaff Report\nAttachment A - Laz Parking, LLC Agreement\nOctober 10, 2023

11. Amendment No. Two to Lease Agreement with Lighthouse Café, LLC for the\nRestaurant at Marina Park Located at 1600 West Balboa Boulevard\na) Find this project is exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or\nReconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14,\nChapter 3, because this project has no potential to have a significant effect on the\nenvironment; and\nb) Authorize the Mayor and City Clerk to execute Amendment No. Two to Marina\nPark Lease Agreement Between the City of Newport Beach and Lighthouse Café,\nLLC, for expanded use of City of Newport Beach property located at 1600 West\nBalboa Boulevard, in a form substantially similar to the Amendment No. Two\nprepared by the City Attorney.\nStaff Report\nAttachment A - Amendment Two\nAttachment B - Lease Agreement and Amendment One

12. Joint Powers Agreement with County of Orange, and an Amended and\nRestated Ground Lease with Newport Aquatic Center, Inc. for North Star\nBeach Located at 1 Whitecliffs Drive\na) Determine this action exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or\nreasonably foreseeable indirect physical change in the environment) and 15060(c)\n(3) (the activity is not a project as defined in Section 15378) of the CEQA\nGuidelines, California Code of Regulations, Title 14, Chapter 3, because it has no\npotential for resulting in physical change to the environment, directly or indirectly;\nb) Authorize the Mayor and City Clerk to execute the North Star Beach - Joint Power\nAgreement by and between the County of Orange and the City of Newport Beach, to\ntreat the property at 1 Whitecliffs Drive as a single parcel and designate the City to\nadminister and oversee its use, in a form substantially similar to the agreement\nattached to the staff report;\nc) Authorize the City Manager and City Clerk to execute the Amended and Restated\nGround Lease between the City of Newport Beach and Newport Aquatic Center, Inc .,\nfor continued use of the property known as North Star Beach located at 1 Whitecliffs\nDrive, in a form substantially similar to the amendment attached to the staff report;\nand\nd) Approve a waiver of City Council Policy F-7 - Income and Other Property based\non the findings contained in this staff report and the Lease, that conducting an open\nbid process or changing the tenant would result in excessive vacancy, and the use of\nthe property provides an essential or unique service to the community and is of a\npublic benefit, and might not otherwise be provided where an open bid or full fair\nmarket value of the property be required, and based on the unique services provided\nby tenant, its board members are appointed through a process that ensures board\nmembers maintain the requisite experience and contributions to the tenant ’s\noperations.\nOctober 10, 2023\nStaff Report\nAttachment A - Joint Powers Agreement (link)\nAttachment B - Amended and Restated Agreement\nAttachment C - Maps\nAttachment D - 1987 Joint Power Agreement\nAttachment E - 1987 Ground Lease & 1997 Addendum\nAttachment F - City Council Policy F-7\nAttachment G - Letter from Newport Aquatic Center

13. Acceptance of the State of California Office of Traffic Safety Selective Traffic\nEnforcement Program Grant PT24131\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) Authorize the City Council to accept a $376,000 Selective Traffic Enforcement\nProgram award granted to the Newport Beach Police Department by the State of\nCalifornia, Office of Traffic Safety per City Council Policies F-3 and F-25. To comply\nwith City Council Policy F-3, the City Council must formally accept the award of\n$376,000 and create a new appropriation to expend the funds; and\nc) Approve Budget Amendment No. 24-021 increasing Newport Beach Police\nDepartment revenue estimates and expenditure appropriations by $376,000.\nStaff Report\nAttachment A - Budget Amendment\nAttachment B - Grant Agreement\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Resolution No. 2023-56: Approval of the 2022 Urban Areas Security Initiative\nGrant Program Transfer Agreement\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. 2023-56, A Resolution of the City Council of the City of\nNewport Beach, California, Approving the Agreement for Transfer or Purchase of\nEquipment/Services or for Reimbursement of Training Costs for Fiscal Year 2022\nUrban Areas Security Initiative (UASI) Between the City of Newport Beach and the\nCity of Anaheim; and\nc) Authorize the City Manager and City Clerk to sign the agreement.\nStaff Report\nAttachment A - Resolution No. 2023-56 and Transfer Agreement

4. Resolution No. 2023-57: Authorizing the Submittal of the Whale Tail Grant\nApplication to the California Coastal Commission for Funding of the Junior\nLifeguard Scholarship 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) Adopt Resolution No. 2023-57, A Resolution of the City Council of the City of\nNewport Beach, California, Authorizing the Application for and Securing of Funds\nfrom the California Coastal Commission’s Whale Tail Grant Program for the Junior\nLifeguard Scholarship Program; and\nc) Authorize the City Manager, or her designee, to sign grant documents and any\nother documentation necessary to secure grant funding.\nStaff Report\nAttachment A - Resolution No. 2023-57\nAttachment B - Coastal Development Permit\nOctober 10, 2023

5. Resolution No. 2023-58: Investment Policy Update\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. 2023-58, A Resolution of the City Council of the City of\nNewport Beach, California, Finding Consistency with Stated Investment Objectives\nand Amending City Council Policy F-1 (Statement of Investment Policy) to Add\nClarifying Language that is Consistent With Government Code Section 53600, et\nseq. and to Allow for Greater Investment Diversification.\nStaff Report\nAttachment A - City Council Policy F-1 (redline)\nAttachment B - Resolution No. 2023-58

6. Resolution No. 2023-59: Accepting a Grant from the State of California,\nDivision of Boating and Waterways for the Surrendered and Abandoned\nVessel Exchange 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) Adopt Resolution No. 2023-59, A Resolution of the City Council of the City of\nNewport Beach, California, Accepting a Grant from the State of California,\nDepartment of Parks and Recreation, Division of Boating and Waterways for the\nSurrendered and Abandoned Vessel Exchange Program (SAVE); and\nc) Approve Budget Amendment No. 24-024 recognizing $175,000 in grant revenue\nfrom the California Division of Boating and Waterways (13501-431385-24H13) and\nappropriating $175,000 to Account No.13501-980000-24H13 and $17,500 to\nAccount No. 10001-980000-24H13 (Abandoned Watercraft Abatement CIP\nExpenditure).\nStaff Report\nAttachment A - Resolution No. 2023-59\nAttachment B - Budget Amendment\nOctober 10, 2023\nCONTRACTS AND AGREEMENTS

7. Purchase and Installation of Vehicle Exhaust System Capture Equipment -\nAward of Contract No. 8889-1 (23M12)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301_Class 1 (addition of health protection devices in\nconjunction with existing facilities) of the CEQA Guidelines, because this project has\nno potential to have a significant effect on the environment;\nb) Approve the project documents and specifications;\nc) Award Contract No. 8889-1 to Air Exchange, Inc., for the total bid price of\n$355,210.79 for the Purchase and Installation of Vehicle Exhaust System Capture\nEquipment, and authorize the Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $35,522 (approximately 10 percent of the total bid) to\ncover the cost of unforeseen work not included in the original contract.\nStaff Report

8. Professional Services Agreements with Aleshire & Wynder, LLP, JL Group,\nLLC, and Jones & Mayer for Hearing Adjudication 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) Authorize the Mayor and City Clerk to execute a three-year agreement with\nAleshire & Wynder, LLP for hearing adjudication services, with a not -to-exceed\ncompensation amount of $60,000;\nc) Authorize the Mayor and City Clerk to execute a three-year agreement with JL\nGroup, LLC for hearing adjudication services, with a not-to-exceed compensation\namount of $60,000; and\nd) Authorize the Mayor and City Clerk to execute a three-year agreement with Jones\n& Mayer, LLC for hearing adjudication services, with a not-to-exceed compensation\namount of $60,000.\nStaff Report\nAttachment A - Aleshire & Wynder, LLP Agreement\nAttachment B - JL Group, LLC Agreement\nAttachment C - Jones & Mayer Agreement\nOctober 10, 2023

9. Approval of Professional Services Agreements with Multiple Parking\nPay-by-Cell Providers and Data Aggregator\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 Professional Services Agreement with HotSpot Parking, Inc. for\nPay-By-Cell Parking Services in an amount not-to-exceed $1,472,000, and authorize\nthe Mayor and City Clerk to execute the agreement;\nc) Approve a Professional Services Agreement with IPS Group, Inc. for Pay-By-Cell\nParking Services in an amount not-to-exceed $764,400, and authorize the Mayor\nand City Clerk to execute the agreement;\nd) Approve a Professional Services Agreement with Parkmobile, LLC for\nPay-By-Cell Parking Services in an amount not-to-exceed $1,609,400, and authorize\nthe Mayor and City Clerk to execute the agreement;\ne) Approve a Professional Services Agreement with PayByPhone Technologies\n(PayByPhone) for Pay-By-Cell Parking Services in an amount not-to-exceed\n$1,472,000, and authorize the Mayor and City Clerk to execute the agreement; and\nf) Approve a Professional Services Agreement with ParkHub, Inc. for Pay-By-Cell\nProvider Payment Aggregator services, in an amount not-to-exceed $294,000.\nStaff Report\nAttachment A - HotSpot Parking, Inc. Agreement\nAttachment B - I.P.S. Group, Inc. Agreement\nAttachment C - Parkmobile, LLC Agreement\nAttachment D - PayByPhone Technologies, Inc. Agreement\nAttachment E - ParkHub, Inc. Agreement