Newport Beach — 2024-01-09

1. Minutes for the December 12, 2023 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10. Planning Commission Action Report for the December 21, 2023 Meeting and\nAgenda for the January 4, 2024 Meeting\nReceive and file.\n12-21-23 Planning Commission Action Report & Tentative Schedule\n1-4-24 Planning Commission Agenda

11. Annual Mayor Appointments\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 Mayor Will O’Neill’s appointments under City Council Policy A-2, as\nprovided in the staff report.\nStaff Report\nAttachment A - NCAC Application

12. Harbor Commission 2024 Objectives\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 the Harbor Commission’s 2024 objectives.\nStaff Report\nAttachment A - 2024 Objectives and Assignments\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

2. Reading of Ordinances\nWaive reading in full of all ordinances under consideration, and direct the City Clerk\nto read by title only.\nORDINANCE FOR INTRODUCTION

3. Ordinance No. 2024-1: Amending Sections 17.35.030 (Bayward Location of\nPiers and Floats) and 17.35.060 (Balboa Island - Noncommercial Piers) of the\nNewport Beach Municipal Code and Repealing City Council Policy H-1\na) Find the introduction and adoption of this ordinance is not subject to the\nCalifornia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and\n15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14,\nDivision 6,\nChapter 3. Additionally, find the introduction and adoption of this ordinance is\nexempt from CEQA environmental review pursuant to Sections 15301 (Existing\nFacilities) and 15302 (Replacement or Reconstruction) of the CEQA Guidelines; and\nb) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance\nNo. 2024-1, An Ordinance of the City Council of the City of Newport Beach,\nCalifornia, Amending Sections 17.35.030 (Bayward Location of Piers and Floats)\nand 17.35.060 (Balboa Island - Noncommercial Piers) of the Newport Beach\nMunicipal Code and Repealing City Council Policy H-1, and pass to a second\nreading on January 23, 2024.\nStaff Report\nAttachment A - Council Policy H-1 (redline)\nAttachment B - NBMC (redline)\nAttachment C - Ordinance No. 2024-1\nJanuary 9, 2024\nRESOLUTIONS FOR ADOPTION

4. Resolution No. 2024-1: Updating the List of Designated Employees for 2024\nUnder the City’s Conflict of Interest Code\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. 2024-1, A Resolution of the City Council of the City of\nNewport Beach, California, Updating the Appendix of Designated Employees and\nAppendix of Disclosure Categories of the City of Newport Beach Conflict of Interest\nCode.\nStaff Report\nAttachment A - Resolution No. 2024-1 with Exhibits\nAttachment B - Exhibit 1 (redline)

5. Resolution No. 2024-2: Establishing the Ad Hoc Transit, Transportation,\nParking and Mobility City Council 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; and\nb) Adopt Resolution No. 2024-2, A Resolution of the City Council of the City of\nNewport Beach, California, Creating the Ad Hoc Transit, Transportation, Parking\nand Mobility Committee.\nStaff Report\nAttachment A - Resolution No. 2024-2\nJanuary 9, 2024\nCONTRACTS AND AGREEMENTS

6. Assessment District No. 124 - Phase 1 (Central Balboa Island) - Award of\nContract No. 9451-1\na) Acknowledge the project is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Class 2 Section 15302 (d) (conversion of overhead electrical\nutility distribution lines where the surface is restored to the condition existing prior to\nthe undergrounding) of the CEQA Guidelines, California Code of Regulations, Title\n14, Chapter 3, because it will not have an adverse effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 9451-1 to International Line Builders, Inc. for the total bid\nprice of $11,969,969.88 for the Underground Utility Assessment District No. 124 -\nPhase 1 project, and authorize the Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $1,200,000 (approximately 10% of total bid) to cover\nthe cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Project Phasing Map

7. Newport Boulevard Landscape Improvements (Industrial Way to Pacific\nCoast Highway) and West Coast Highway Landscaping Improvements (West\nCity Limits to Highland St.) - Award of Contract No. 9226-1 (23L01)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (h) (maintenance of existing landscaping) of the CEQA\nGuidelines, because this project has no potential to have a significant effect on the\nenvironment;\nb) Approve the project plans and specifications;\nc) Approve Budget Amendment No. 24-040 transferring project savings from\nGeneral Fund CIP and Neighborhood Enhancement unappropriated fund balance\nand appropriating $14,930 in increased expenditures in Account No. 01201927-\n980000-24L01 and $249,730 in increased expenditures in Account No. 53601-\n980000-23L01;\nd) Award Contract No. 9226-1 to Marina Landscape Inc. for the base bid price of\n$574,298.52 (West Coast Highway and Newport medians) plus additive Newport\nBlvd West Slope for $224,504.45 and additive Newport Blvd East Slope for\n$227,317.99, for a total price of $1,026,120.96, and authorize the Mayor and City\nClerk to execute the contract;\ne) Establish a contingency of $50,000 (approximately 5% of total bid) to cover the\ncost of unforeseen work not included in the original contract; and\nf) Approve Landscape Maintenance Agreement with Caltrans for Newport\nBoulevard and authorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Location Map\nAttachment B - Budget Amendment\nAttachment C - Agreement\nJanuary 9, 2024

8. West Coast Highway Joint Manhole & Valve Adjustments - Award of Contract\nNo. 9417-1 (24R09)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (repair and maintenance of existing highways and streets,\nsidewalks, and gutters involving no expansion of use) of the CEQA Guidelines,\nbecause this project has no potential to have a significant effect on the environment;\nb) Approve Budget Amendment No. 24-041 appropriating $689,699 in new revenue\nfrom Orange County Sanitation District to Account No. 13501-431075-24R09 (which\nincludes a 5% management fee) and $656,856 in expenditures to Account No.\n13501-980000-24R09;\nc) Approve the project plans and specifications;\nd) Award Contract No. 9417-1 to R.J. Noble Company for a total bid price of\n$922,925 for the West Coast Highway Joint Manhole & Valve Adjustments project,\nand authorize the Mayor and City Clerk to execute the contract;\ne) Establish a contingency of $184,585 (20% of total bid) to cover the cost of\nunforeseen work not included in the original contract; and\nf) Approve Reimbursement Agreement with Orange County Sanitation District and\nauthorize the City Manager and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Location Map\nAttachment B - Budget Amendment\nAttachment C - Agreement

9. Amendment No. Four to the Burns & McDonnell Professional Services\nAgreement for the San Diego Creek Trash Interceptor Project (Contract No.\n7127-3, Project No. 17X12)\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. 24-044 appropriating $100,411 in increased\nexpenditures in Account No. 16001-980000-17X12 (Newport Bay Trash Wheel) from\nthe unappropriated Environmental Liability Fund Fees balance; and\nc) Approve Contract Amendment No. Four to the Burns & McDonnell Professional\nServices Agreement for an additional not-to-exceed amount of $75,411, and\nauthorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Budget Amendment\nAttachment B - Amendment No. Four\nJanuary 9, 2024\nMISCELLANEOUS