Newport Beach — 2023-10-24

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\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. 287\n(Master Docket No. 2:18-mn-2873-RMG)\nOctober 24, 2023\nB. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nProperty: Palm Street Parking Lot - 600 & 608 East Balboa Blvd. and 209\nWashington Street\nCity Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Wooding\nWhitlinger, Real Property Administrator.\nNegotiating Parties: Henry Pyle, Chartwell Real Estate Development\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.

10. Amendment No. One to On-Call Professional Services Agreement for Vehicle\nWashing and Detail 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. One to the On-Call Professional Services Agreement\nwith Bumper to Bumper, Inc. of Perris for vehicle washing and detailing services,\nthereby amending the scope of services and adding $155,000 in expenditure\nauthority for a total amount not-to-exceed $320,000, and authorize the Mayor and\nCity Clerk to execute the amendment.\nStaff Report\nAttachment A - Amendment No. One

11. School Resource Officer Program Agreement\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) Approve the agreement between the City of Newport Beach and Newport-Mesa\nUnified School District to participate in the School Resource Officer Program, and\nauthorize the Mayor and City Clerk to execute the agreement on behalf of the City of\nNewport Beach.\nStaff Report\nAttachment A - Agreement and Benefit Analysis\nMISCELLANEOUS

12. Planning Commission Agenda for the October 19, 2023 Meeting\nReceive and file.\nPlanning Commission Agenda\nOctober 24, 2023

13. Year-End Budget Results and Surplus Allocation\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. 24-028, allocating the unrestricted operating\nsurplus for Fiscal Year 2022-23 pursuant to City Council Policy F-5 as outlined in the\nreport; and\nc) Receive and file the report of the budget amendments for the fourth quarter.\nStaff Report\nAttachment A - Budget Amendment No. 24-028\nAttachment B - Budget Amendments for the Fourth Quarter

14. Annual Review of Visit Newport Beach Audited Financial Statements and\nExpenditure 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; and\nb) Receive and file.\nStaff Report\nAttachment A - VNB Audited Financial Statements\nAttachment B - NB&Co Audited Financial Statements\nAttachment C - VNB Expenditure Compliance Report\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED\nOctober 24, 2023

3. Ordinance No. 2023-15: Amendment to the Newport Village Planned\nCommunity Development Plan to Update Definitions and Allowed Uses\nWithin Area 5 (PA2023-0112)\na) Find the adoption of this ordinance is not a project subject to the California\nEnvironmental Quality Act (CEQA) in accordance with Section 21065 of the\nCalifornia Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and\n15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA\nGuidelines). The proposed action is also exempt pursuant to CEQA Guidelines\nSection 15061(b)(3), the general rule that CEQA applies only to projects, which have\nthe potential for causing a significant effect on the environment; and\nb) Conduct second reading and adopt Ordinance No. 2023-15, An Ordinance of\nthe City Council of the City of Newport Beach, California, Approving an\nAmendment to the Newport Village Planned Community (PC-27) Development\nPlan to Update the Definitions and Allowed Uses Within Area 5 (Retail) (PA2023-\n0112).\nStaff Report\nAttachment A - Ordinance No. 2023-15\nRESOLUTIONS FOR ADOPTION

4. Resolution No. 2023-60: Opposing Assembly Constitutional Amendment 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) Adopt Resolution No. 2023-60, A Resolution of the City Council of the City of\nNewport Beach, California, Opposing Assembly Constitutional Amendment 1.\nStaff Report\nAttachment A - Resolution No. 2023-60\nOctober 24, 2023

5. Resolution No. 2023-61: Opposing Assembly Constitutional Amendment 13\n(Voting Thresholds)\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. 2023-61, A Resolution of the City Council of the City of\nNewport Beach, California, Opposing Assembly Constitutional Amendment 13\n(Voting Thresholds).\nStaff Report\nAttachment A - Resolution No. 2023-61\nCONTRACTS AND AGREEMENTS

6. FY 2023-24 Traffic Signal Rehabilitation Project - Award of Contract No.\n9416-1 (24T01)\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 the project plans and specifications;\nc) Award Contract No. 9416-1 to Elecnor Belco Electric, Inc. for the bid price of\n$1,206,888 for the FY 2023-24 Traffic Signal Rehabilitation Project, and authorize\nthe Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $120,000 (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\nOctober 24, 2023

7. Newport Coast Pickleball Courts (Project No. 22P13) - Award of Contract No.\n9018-2\na) Receive that the Notice of Exemption was filed and posted with the County of\nOrange on June 15, 2022 after the May 24, 2022 City Council meeting approving the\nlease agreement with NRCA and the Council finding the project categorically exempt\npursuant to Sections 15301 and 15303 under Class 1 (Existing Facilities) and Class\n3 (New Construction or Conversion of Small Structures);\nb) Approve the project plans and specifications;\nc) Approve Budget Amendment No. 24-030 appropriating $231,236 in new revenue\nand expenditures from the State of California Department of Parks and Recreation\nto Account No. 13501-980000-22P13 and appropriating $58,364 in increased\nexpenditures in Account No. 14101-980000-22P13 from the Building Excise Tax\nunappropriated fund balance;\nd) Award Contract No. 9018-2 to Green Giant Landscape, Inc. for the bid price of\n$1,089,220 for the Newport Coast Pickleball Courts, and authorize the Mayor and\nCity Clerk to execute the contract; and\ne) Establish a contingency of $110,000 (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\nAttachment C - KEC Bid Protest\nAttachment D - Response to KEC Protest\nAttachment E - KASA Bid Protest\nAttachment F - Response to KASA Protest\nOctober 24, 2023

8. Balboa Island Water Main Replacement - Phase 3 (Project No. 23W11) and\nShorecliff Community Water System Improvements (Project No. 24W14) -\nAward of Contract No. 7173-3\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Class 2 Section 15302(c) (replacement of existing public facilities\ninvolving negligible or no expansion of capacity) of the CEQA Guidelines, California\nCode of Regulations, Title 14, Chapter 3, because this project has no potential to\nhave a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Approve Budget Amendment No. 23-029 appropriating $1,325,670 from the\nWater Enterprise Fund unappropriated balance to the Water Capital Fund for the\nBalboa Island Water Main Replacement - Phase 3 project (Account No. 70201931-\n980000-23W11);\nd) Award Contract No. 7173-3 to T.E. Roberts, Inc. for the bid price of $3,470,899\nfor the Balboa Island Water Main Replacement - Phase 3 and Shorecliff Community\nWater System Improvements project, and authorize the Mayor and City Clerk to\nexecute the contract; and\ne) Establish a contingency of $520,000 (approximately 15 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

9. Approval of a Maintenance/Repair Services Agreement for Landscape\nMaintenance of the Civic Center Complex and Park with Merchants\nLandscape Services, Inc. (Contract No. 9403-1)\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) Approval of a Maintenance/Repair Services Agreement for Landscape\nMaintenance of Civic Center Complex and Park with Merchants Landscape\nServices, Inc. for $360,000 per year for three years for a total amount not-to-exceed\n$1,080,000, and authorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement\nOctober 24, 2023