Newport Beach — 2024-05-14

1. Minutes for the April 23, 2024 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

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

3. Ordinance Nos. 2024-12 and 2024-13: Amending Section 3.36.030 of the\nNewport Beach Municipal Code Related to Cost Recovery Percentages and\nSection 15.02.085 (Addition of Section 105.3.1.1) of the Newport Beach\nMunicipal Code Related to Demolition Waste Disposal\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) Conduct second reading and adopt Ordinance No. 2024-12, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Section\n3.36.030 of the Newport Beach Municipal Code Related to Cost Recovery\nPercentages; and\nc) Conduct second reading and adopt Ordinance No. 2024-13, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Section\n15.02.085 (Addition of Section 105.3.1.1) of the Newport Beach Municipal Code\nRelated to Demolition Waste Disposal.\nStaff Report\nAttachment A - Ordinance No. 2024-12\nAttachment B - NBMC Section 3.36.030 (redline)\nAttachment C - Ordinance No. 2024-13\nAttachment D - NBMC Section 15.02.085 (redline)\nMay 14, 2024\nRESOLUTIONS FOR ADOPTION

4. Resolution No. 2024-31: Amending City Council Policies A-1, A-2, D-1 and\nD-5, to Help the Public Discern Whether a Communication is an Official or\nPersonal Communication\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. 2024-31, A Resolution of the City Council of the City of\nNewport Beach, California, Amending City Council Policies A-1 “City Council,” A-2\n“Boards, Commissions & Committees,” D-1 “Media Relations,” and D-5 “Digital\nCommunication” to Ensure that the Public Can Discern When a Communication\nMade by a City Official, Officer, Employee or Consultant is Being Made on Behalf\nof the City or is a Personal Communication.\nStaff Report\nAttachment A - Resolution No. 2024-31\nAttachment B - City Council Policy A-1 (redline)\nAttachment C - City Council Policy A-2 (redline)\nAttachment D - City Council Policy D-1 (redline)\nAttachment E - City Council Policy D-5 (redline)\nCONTRACTS AND AGREEMENTS

5. Approval of Professional Services Agreement with David Evans and\nAssociates, Inc. for MacArthur Boulevard from Jamboree Road to Campus\nDrive Pavement Rehabilitation - Contract No. 9431-1 (24R13)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301(c) (existing highways and streets, sidewalks, gutters,\nbicycle and pedestrian trails, and similar facilities) of the CEQA Guidelines, because\nthis project has no potential to have a significant effect on the environment; and\nb) Approve a Professional Services Agreement with David Evans and Associates,\nInc. for the MacArthur Boulevard, from Jamboree Road to Campus Drive, Pavement\nRehabilitation project for a total not-to-exceed amount of $493,320, and authorize the\nMayor and City Clerk to execute the Agreement.\nStaff Report\nAttachment A - Location Map\nAttachment B - Professional Services Agreement\nMay 14, 2024

6. Award of Maintenance and Repair Agreement with Mariposa Landscapes,\nInc. for On-Call Sports and Recreation Field Landscaping (Contract No.\n9529-1)\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 a Maintenance and Repair Services Agreement with Mariposa\nLandscapes, Inc. for On-Call Sports and Recreation Field Landscaping for a\nfive-year term and a not-to-exceed amount of $1,250,000, and authorize the Mayor\nand City Clerk to execute the agreement.\nStaff Report\nAttachment A - Maintenance and Repair Agreement

7. Approval of Amendment No. Two to Professional Services Agreement with\nStantec Consulting Services, Inc. for the East Coast Highway and San\nMiguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage\nImprovements Project - Contract No. 8925-1 (23R11) and Approval of\nAdditional Construction Contingency with T.E. Roberts, Inc. and All\nAmerican Asphalt\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. 24-069, transferring $625,391 from the\nunappropriated General Fund balance to the General Fund CIP and appropriating it\ninto Account No. 01201927-980000-23R11 and appropriating $1,750,000 in\nincreased expenditures in Account No. 70201932-980000-24W14 and transferring\nfunds from the Water Enterprise Fund unappropriated fund balance to the Water\nCapital Fund;\nc) Approve Amendment No. Two to the Professional Services Agreement with\nStantec Consulting Services, Inc. for the East Coast Highway and San Miguel Drive\nPavement Rehabilitation and Evening Canyon Road Drainage Improvements project\nfor an additional $75,391 for a total not-to-exceed amount of $426,734, and\nauthorize the Mayor and City Clerk to execute the agreement;\nd) Increase the contract bid item amounts and contingency by $1,750,000 to\n$2,270,000 (approximately 65% of the contract award) with T.E. Roberts for Contract\nNo. 7173-3 to cover additional water main replacement on Evening Canyon Road;\nand\ne) Increase the contract bid item amounts and contingency by $550,000 to\n$1,100,000 (approximately 20% of the contract award) with All American Asphalt for\nContract No. 8925-2 to cover additional pavement rehabilitation efforts on Evening\nCanyon Road that will be required as a result of the additional water main\nreplacement work.\nMay 14, 2024\nStaff Report\nAttachment A - Location Map\nAttachment B - Budget Amendment\nAttachment C - Amendment No. Two with Stantec Consulting Services, Inc.

8. Approve Amendment No. Three to the Maintenance Services Agreement with\nGreat Scott Tree Service, Inc. for Citywide Tree Maintenance Services\n(Contract No. 5648-1A)\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. Three to the Maintenance Services Agreement with\nGreat Scott Tree Service, Inc. for Citywide Tree Maintenance Services with a\nthree-year extension and additional not-to-exceed amount of $6,100,000 for a total\nnot-to-exceed amount of $23,060,000, and authorize the Mayor and City Clerk to\nsign the amendment.\nStaff Report\nAttachment A - Amendment No. Three with Great Scott Tree Service, Inc.

9. License Agreement with Aqua Superpower (USA), Inc. for Installation and\nOperation of an Electric Watercraft Charging Station at Marina Park Located\nat 1600 West Balboa Boulevard\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (Existing facilities) and Section 15303 (New construction\nof small structures) of the CEQA Guidelines, because this project has no potential to\nhave a significant effect on the environment;\nb) Authorize the City Manager and City Clerk to execute the License Agreement\nbetween the City of Newport Beach and Aqua Superpower (USA), Inc. for use of a\nportion of the City of Newport Beach owned property and public dock at Marina Park\nlocated at 1600 West Balboa Boulevard, for installation, operation, and maintenance\nof electric watercraft charging equipment, in a form substantially similar to the\nLicense Agreement prepared by the City Attorney; and\nc) Approve a waiver of City Council Policy F-7 - Income and Other Property based\non the findings contained in the staff report and the Agreement, that conducting an\nopen bid process would result in excessive vacancy, and this use of the property\nprovides a unique service to the community and is of a public benefit, and might not\notherwise be provided were an open bid required.\nStaff Report\nAttachment A - License Agreement\nAttachment B - Map\nAttachment C - City Council Policy F-7\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED\nMay 14, 2024