Newport Beach — 2024-07-23

1. Minutes for the July 9, 2024 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10. Award of Maintenance and Repair Services Agreement with Harbor Point Air\nConditioning & Control Systems for On-Call HVAC Maintenance and Repair\nServices Citywide\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 Harbor Point Air\nConditioning & Control Systems for a five-year term and for a not-to-exceed amount\nof $600,000, and authorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement

11. Approval of Amendment No. Five to Professional Services Agreement with\nBurns & McDonnell Engineering Company, Inc. for San Diego Creek Trash\nWheel Project (Project No. 17X12, Contract No. 7127-3)\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. 25-006 appropriating $49,681 in increased\nexpenditures in Account No. 16001-980000-17X12 (Newport Bay Trash Wheel) from\nthe from the unappropriated Environmental Liability fund balance; and\nc) Approve Amendment No. Five to the Professional Services Agreement with\nBurns & McDonnell Engineering Company, Inc. for additional construction services\nwith an increase in fee of $49,681 for a total not-to-exceed amount of $1,013,302,\nand authorize the Mayor and City Clerk to execute the Agreement.\nStaff Report\nAttachment A - Budget Amendment\nAttachment B - Amendment No. Five\nAttachment C - Location Map\nJuly 23, 2024

12. Approval of Professional Services Agreement with Marine Taxonomic\nServices, LTD for Newport Harbor Shallow and Deep Water Eelgrass\nSurveys\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because\nthis action will not result in a physical change to the environment, directly or indirectly;\nand\nb) Approve a Professional Services Agreement with Marine Taxonomic Services,\nLTD for Newport Harbor Shallow Water and Deep Water Eelgrass Surveys for a total\nnot-to-exceed amount of $173,424.60, and authorize the Mayor and City Clerk to\nexecute the agreement.\nStaff Report\nAttachment A - Agreement

13. Amendment to Professional Services Agreement with Sampson Oil\nCompany for Oil Well Management 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. Six to the Professional Services Agreement with\nSampson Oil Company for Oil Well Management Services, which extends the\ncontract to March 31, 2025, and increases the contract amount by $750,000, and\nauthorize the Mayor and City Clerk to execute the Agreement.\nStaff Report\nAttachment A - Amendment No. Six\nJuly 23, 2024

14. Amendment No. Four to a Professional Services Agreement with Sagecrest\nPlanning and Environmental for Staff Augmentation\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 Four to increase the total compensation of the agreement\nby $125,000, for a new not-to-exceed amount of $525,000, and authorize the Mayor\nand City Clerk to execute the Amendment.\nStaff Report\nAttachment A - Amendment Four to PSA\nAttachment B - Amendment Three to PSA\nAttachment C - Amendment Two to PSA\nAttachment D - Amendment One to PSA\nAttachment E - Professional Services Agreement

15. Exclusive Negotiating Agreement with Burnham-Ward Properties, LLC for\nthe Lease and Redevelopment of a Portion of the Balboa Yacht Basin\nProperty Located at 829 Harbor Island Drive\na) Find this action is exempt from the California Environmental Quality Act (CEQA)\npursuant to Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines,\nbecause this action is not a project and has no potential to have a significant effect\non the environment; and\nb) Authorize the City Manager and City Clerk to execute a two-year Exclusive\nNegotiating Agreement with Burnham-Ward Properties, LLC, for negotiation of a\nlease for redevelopment of a portion of the City-owned Balboa Yacht Basin property\nlocated at 829 Harbor Island Drive, in a form substantially similar to the agreement\nattached to the staff report.\nStaff Report\nAttachment A - Exclusive Negotiating Agreement\nJuly 23, 2024

16. Amendment to Lease Agreement with Pacifica Christian High School -\nOrange County, Inc. for the City-Owned West Newport Community Center\nProperty Located at 883 W. 15th Street\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) Authorize the City Manager and City Clerk to execute the Amendment to Lease\nAgreement between the City of Newport Beach and Pacifica Christian High School -\nOrange County, Inc. (Amendment), extending the term of the lease for the property\nlocated at 883 W. 15th Street, in a form substantially similar to the Amendment\nprepared by the City Attorney.\nStaff Report\nAttachment A - Amendment to Lease Agreement\nAttachment B - Ground Lease Agreement

17. Award of Contracts to Eide Bailly LLP and The Pun Group LLP for Internal\nAudit Services (continued from the July 9, 2024 City Council meeting)\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 sign a five-year professional services\nagreement for on-call internal audit services for an amount not-to-exceed $750,000\nwith The Pun Group LLP; and\nc) Authorize the Mayor and City Clerk to sign a five-year professional services\nagreement for on-call internal audit services for an amount not-to-exceed $750,000\nwith Eide Bailly LLP, who employs two former employees that have separated from\nthe City within the past five years. City Council approval is requested pursuant to City\nCouncil Policy F-14 even though the former employees will not serve on the internal\naudit engagement.\nStaff Report\nAttachment A - Eide Bailly LLP PSA\nAttachment B - The Pun Group PSA\nJuly 23, 2024\nMISCELLANEOUS

18. Budget Amendment to Accept a Check from the Newport Beach Public\nLibrary Foundation and Appropriate the Funds to the Library’s Fiscal Year\n2024-25 Maintenance and Operation Budget\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) Accept a check in the amount of $40,000 from the Newport Beach Public Library\nFoundation and approve Budget Amendment No. 25-002 to increase expenditures\nby the same amount in Division 0106051 (Foundation).\nStaff Report\nAttachment A - Budget Amendment

19. Confirmation of Nominations to Fill an Unscheduled Vacancy on the Parks,\nBeaches and Recreation Commission\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) Confirm the nominations of Travis Pirdy and Sara Weber to fill the vacancy on the\nParks, Beaches and Recreation Commission.\nStaff Report\nAttachment A - Applications

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 ADOPTION

20. FY 2023-24 Annual District Discretionary Grant Report and the Grants and\nDonations Report for the Quarter Ending June 30, 2024\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 - FY 2023-24 Discretionary Grant Report\nJuly 23, 2024

21. Response to the Orange County Grand Jury Report “Law Enforcement’s\nResponse to Mental Health Calls for Service”\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 the City’s response to the 2023-2024 Orange County Grand Jury report,\n“Law Enforcement’s Response to Mental Health Calls for Service” and authorize the\nMayor to submit the letter to the Presiding Judge of the Superior Court.\nStaff Report\nAttachment A - Grand Jury Report\nAttachment B - Proposed Response

22. Visit Newport Beach, Inc. FY 2025 Destination Business Plan and Budget,\nand FY 2024 Performance Standards 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;\nb) Review, receive and file the FY 2025 Newport Beach & Company Destination\nBusiness Plan;\nc) Review, receive and file the Visit Newport Beach, Inc. Leisure Marketing (TOT)\nFY 2024 Performance Standards Report; and\nd) Review and approve the Visit Newport Beach, Inc. Leisure Marketing (TOT) FY\n2025 Budget.\nStaff Report\nAttachment A - FY 2025 Newport Beach & Co. Destination Business Plan\nAttachment B - Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2025 Budget\nAttachment C - Visit Newport Beach, Inc. FY 2024 Performance Standards Report\nAttachment D - Newport Beach & Company Budget\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Ordinance No. 2024-15: Amending Sections 17.60.010 (Public Trust Lands -\nGeneral), 17.60.020 (Application for Pier/Mooring Permits or the Lease of\nPublic Trust Lands), 17.60.040 (Mooring Permits), and 17.60.045 (Short-Term\nMooring Licenses) of the Newport Beach Municipal Code Related to Mooring\nPermits and Licenses\na) Find the adoption of this ordinance is exempt from the California Environmental\nQuality Act (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 environment,\ndirectly or indirectly, and is not a project pursuant to Section 15061(b)(3).\nAdditionally, adoption of the ordinance is categorically exempt pursuant to Sections\n15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the\nCEQA Guidelines; and\nb) Conduct second reading and adopt Ordinance No. 2024-15, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Sections\n17.60.010 (Public Trust Lands - General), 17.60.020 (Application for Pier/Mooring\nPermits or the Lease of Public Trust Lands), 17.60.040 (Mooring Permits), and\n17.60.045 (Short-Term Mooring Licenses) of the Newport Beach Municipal Code.\nStaff Report\nAttachment A - Ordinance No. 2024-15\nJuly 23, 2024\nRESOLUTIONS FOR ADOPTION

4. Resolution No. 2024-48: Two-Year Extension of Pilot Program to Permit\nHomeowner’s Associations to Install Privately Operated Security Cameras\nwithin the Public Rights-of-Way\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15303 (Class 3: New Construction or Conversion of Small\nStructures) of the CEQA Guidelines, because this project has no potential to have a\nsignificant effect on the environment; and\nb) Adopt Resolution No. 2024-48, A Resolution of the City Council of the City of\nNewport Beach, California, Extending the Pilot Program Permitting Qualifying\nHomeowner’s Associations to Install Privately Operated Security Cameras Within\nthe Public Rights-of-Way, and Waiving City Council Policy L-6, Encroachments in\nPublic Rights-of-Way, in Regards Thereto.\nStaff Report\nAttachment A - Resolution No. 2024-48\nAttachment B - Resolution No. 2023-40\nAttachment C - Existing Security Camera Locations

5. Resolution No. 2024-49: Approving Amendments to the Records Retention\nSchedule\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. 2024-49, A Resolution of the City Council of the City of\nNewport Beach, California, Amending Certain Sections of the Records Retention\nSchedule and Authorizing Destruction of Certain Records Accordingly.\nStaff Report\nAttachment A - Resolution No. 2024-49\nJuly 23, 2024\nCONTRACTS AND AGREEMENTS

6. Storm Drain System Upgrades - Award of Contract No. 9148-1 (23D02)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15304 (minor alterations in the condition of land, water, and/or\nvegetation) of the CEQA Guidelines, as the project only entails minor trenching\nwithout removal of healthy, mature trees; installation of storm drain and subdrain\npipe; and backfilling to restore the original surface;\nb) Approve the project plans and specifications;\nc) Award Contract No. 9148-1 to PALP, Inc. dba Excel Paving Company for the\ntotal bid price of $463,828 for the Storm Drain System Upgrades project, and\nauthorize the Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $92,000 (approximately 20% of the total bid) to cover\nthe cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map

7. Award of Maintenance and Repair Agreement with Meyers Construction Co.\nLLC for On-Call Facilities Maintenance Support 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 a Maintenance and Repair Services Agreement with Meyers\nConstruction Co. LLC for On-Call Facilities Maintenance Support Services for a\nthree-year term and a not-to-exceed amount of $500,000, and authorize the Mayor\nand City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement

8. Superior Avenue and Hospital Road Pavement Rehabilitation - Award of\nContract No. 8894-2 (23R14)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301(c), Class 1 (maintenance of existing public facilities\ninvolving negligible or no expansion of use) of the CEQA Guidelines, because this\nproject has no potential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 8894-2 to R.J. Noble Company for the total bid price of\n$1,882,213.70 for the Superior Avenue and Hospital Road Pavement Rehabilitation\nproject, and authorize the Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $188,000 (approximately 10% of total bid) to cover the\ncost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nJuly 23, 2024

9. Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project (15T09) -\nApproval of Additional Construction Contingency with Reyes Construction\n(Contract No. 8020-6), and Approval of Amendment No. Two to Professional\nServices Agreement with Ardurra (Contract No. 8020-8) and Amendment No.\nFive to Professional Services Agreement with Dokken Engineering (Contract\nNo. 8020-5)\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. 25-005, transferring $805,874 from the\nunappropriated FFP: Parks/Community Centers fund balance into Account No.\n56201-980000-15T09;\nc) Increase the construction contract contingency by $500,000 to $1,342,000\n(approximately 12.8% of the contract award amount) with Reyes Construction\n(Contract No. 8020-6) to cover additional costs associated with unforeseen field\nconditions;\nd) Authorize payment of $54,583.54 from the CIP Storm Drain Repair Account No.\n01201926-980000-25D02 (Neighborhood Enhancement funds) to T.E. Roberts\nunder its existing on-call contract;\ne) Approve Amendment No. Two to Professional Services Agreement with Ardurra\n(Contract No. 8020-8) for construction oversight of the Superior Avenue\nPedestrian/Bicycle Bridge and Parking Lot project in the amount of $286,874 for a\ntotal not-to-exceed amount of $1,537,020, and authorize the Mayor and City Clerk to\nexecute the amendment; and\nf) Approve Amendment No. Five to Professional Services Agreement with Dokken\nEngineering (Contract No. 8020-5) for additional design services for the Superior\nAvenue Pedestrian/Bicycle Bridge and Parking Lot project in the amount of $19,000\nfor a total not-to-exceed amount of $2,121,499, and authorize the Mayor and City\nClerk to execute the amendment.\nStaff Report\nAttachment A - Location Map\nAttachment B - Budget Amendment\nAttachment C - Amendment No. Two with Ardurra\nAttachment D - Amendment No. Five with Dokken Engineering\nJuly 23, 2024