Newport Beach — 2024-02-27

1. Minutes for the February 3, 2024 Planning Session and February 13, 2024\nWaive reading of subject minutes, approve as written, and order filed.\n2-3-2024 Minutes\n2-13-2024 Minutes

10. Amendment to On-Call Service Agreement for Temporary Pumping\nEquipment\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\nenvironment, directly or indirectly;\nb) Approve Amendment No. Three to the On-Call Maintenance/Repair Services\nAgreement with Charles King Company, for Temporary Pumping Equipment,\nwhich increases the total agreement compensation by $220,000, and authorize\nMayor and City Clerk to execute the Agreement; and\nc) Approve Budget Amendment No. 24-052 appropriating $120,000 in increased\nexpenditures in the Storm Drain Maintenance and Repair Program Account\n0109062-851037 from the unappropriated General Fund.\nStaff Report\nAttachment A - Amendment No. Three\nAttachment B - Budget Amendment\nFebruary 27, 2024

11. Approval of Equipment Replacement Purchase Orders for One John Deere\n410P Backhoe Loader and Five Power Generators\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\nenvironment, directly or indirectly;\nb) Approve a Purchase Order for one John Deere backhoe loader from Coastline\nEquipment of Long Beach for a total amount of $173,293.98;\nc) Approve a Purchase Order for three power generators Model No. DCA\n70SSIUF from Multiquip Inc. of Cypress for a total amount of $185,496.99;\nd) Approve a Purchase Order for two power generators Model No. DCA\n125SSIUF from Multiquip Inc. of Cypress for a total amount of $162,826; and\ne) Authorize a contingency of $25,500 (approximately 5% of the total quotes) to\ncover the cost of unforeseen changes to the current quotes.\nStaff Report\nAttachment A - Coastline Equipment Quote No. 302334795\nAttachment B - Multiquip Quote No. 20893761\nAttachment C - Multiquip Quote No. 20893759

12. Cultural Arts Grants Fiscal Year 2023-24\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\nenvironment, directly or indirectly; and\nb) Approve recommended recipients for Fiscal Year 2023-24 Cultural Arts Grants\nas selected by the City Arts Commission in accordance with City Council Policy I -\n10, Financial Support for Culture and Arts.\nStaff Report\nAttachment A - City Council Policy I-10\nMISCELLANEOUS

13. Planning Commission Agenda for the February 22, 2024 Meeting\nReceive and file.\nPlanning Commission Action Report & Tentative Schedule\nPlanning Commission Agenda\nFebruary 27, 2024

14. Fiscal Year 2023-24 Second Quarter Financial 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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly;\nb) Authorize the City Manager, or designee, to appropriate American Rescue\nPlan Act funds and to transfer related savings to the Facilities Financing Plan\nFund consistent with the spending plan outlined within the staff report; and\nc) Receive and file the report of budget amendments for the second quarter.\nStaff Report\nAttachment A - 2nd Quarter Budget Amendments\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\nClerk to read by title only.\nFebruary 27, 2024\nORDINANCE FOR INTRODUCTION

3. Ordinance No. 2024-5: Adding Chapter 10.75 (Prohibition of the Sale and\nDistribution of Kratom) to the Newport Beach Municipal Code\na) Find 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\nenvironment, directly or indirectly; and\nb) Waive full reading, direct the City Clerk to read by title only, introduce\nOrdinance No. 2024-5, An Ordinance of the City Council of the City of Newport\nBeach, California, Adding Chapter 10.75 (Prohibition of the Sale and Distribution\nof Kratom) to Title 10 (Offenses and Nuisances) of the Newport Beach Municipal\nCode, and pass to second reading on March 12, 2024.\nStaff Report\nAttachment A - Ordinance No. 2024-5\nAttachment B - Drug Fact Sheet\nAttachment C - Adverse Event Reports\nORDINANCE FOR ADOPTION

4. Ordinance No. 2024-4: Termination of Development Agreement No. 2008-005\nfor Sober Living by the Sea, Inc. dba Sierra by the Sea, Inc. Zoning and\nPublic Benefit Agreement\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 under Existing Facilities of the CEQA Guidelines. This\nactivity is also covered by the general rule that CEQA applies only to projects that\nhave the potential for causing a significant effect on the environment (Section\n15061(b)(3) of the CEQA Guidelines). It can be seen with certainty that there is\nno possibility that this activity will have a significant effect on the environment,\nand it is not subject to CEQA; and\nb) Conduct second reading and adopt Ordinance No. 2024-4, An Ordinance of\nthe City Council of the City of Newport Beach, California, Approving the\nTermination of Development Agreement No. 2008-005 (Zoning Implementation\nand Public Benefit Agreement Between the City of Newport Beach and Sober\nLiving by the Sea, Inc.) (PA2008-199).\nStaff Report\nAttachment A - Ordinance No. 2024-4\nFebruary 27, 2024\nRESOLUTIONS FOR ADOPTION

5. Resolution No. 2024-11: Approving a Side Letter Agreement with the\nNewport Beach Police Association\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\nenvironment, directly or indirectly; and\nb) Adopt Resolution No. 2024-11, A Resolution of the City Council of the City of\nNewport Beach, California, Approving a Side Letter Agreement with the Newport\nBeach Police Association.\nStaff Report\nAttachment A - Resolution No. 2024-11

6. Resolution No. 2024-12: Establishing the Lower Castaways Park Ad Hoc\nCommittee\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\nenvironment, directly or indirectly; and\nb) Adopt Resolution No. 2024-12, A Resolution of the City Council of the City of\nNewport Beach, California, Creating the Lower Castaways Park Ad Hoc\nCommittee.\nStaff Report\nAttachment A - Resolution No. 2024-12\nCONTRACTS AND AGREEMENTS

7. Award of Maintenance and Repair Services Agreement with Southland\nIndustries for the Civic Center Chiller\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\nenvironment, directly or indirectly; and\nb) Approve a Maintenance and Repair Services Agreement with Southland\nIndustries for the Civic Center Chiller system for a three-year term and for a\nnot-to-exceed amount of $300,000, and authorize the Mayor and City Clerk to\nexecute the agreement.\nStaff Report\nAttachment A - Agreement\nFebruary 27, 2024

8. Approval of Professional Services Agreement with Anchor QEA, LLC for\nBalboa Yacht Basin Marina Design Consulting 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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Approve a Professional Services Agreement with Anchor QEA, LLC for design\nservices for the Balboa Yacht Basin marina replacement project for a total\nnot-to-exceed amount of $787,159, and authorize the Mayor and City Clerk to\nexecute the Agreement.\nStaff Report\nAttachment A - Vicinity Map\nAttachment B - Agreement

9. Approval of Amendment No. Two of On-Call Fleet Vehicle Maintenance and\nRepair Services Agreement with SVT Fleet (Contract No. 9357-1)\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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Approve Amendment No. Two of the On-Call Fleet Vehicle Maintenance and\nRepair Services Agreement with SVT Fleet for as-needed fleet maintenance and\nrepair services with a two-year extension and an additional not-to-exceed amount\nof $180,000 for a total not-to-exceed amount of $300,000, and authorize the\nMayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Amendment No. Two