Newport Beach — 2024-08-27

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

10. Approval of Professional Service Agreements with Willdan Engineering,\nIteris Inc., Ganddini Group, Inc., and Fehr & Peers for On-Call Transportation\nEngineering 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 Professional Services Agreements with Willdan Engineering, Iteris Inc .,\nGanddini Group Inc., and Fehr & Peers with each agreement being for a term of\nthree-years and a total not-to-exceed amount of $300,000 per agreement, and\nauthorize the Mayor and City Clerk to execute the agreements.\nStaff Report\nAttachment A - Wildan Engineering Agreement\nAttachment B - Iteris, Inc. Agreement\nAttachment C - Ganddini Group, Inc. Agreement\nAttachment D - Fehr & Peers Agreement\nAugust 27, 2024

11. Approval of Professional Services Agreements with BKF Engineers, Coast\nSurveying, Inc., and GUIDA for On-Call Professional Surveying 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 Professional Services Agreements with BKF Engineers, Coast\nSurveying, Inc. and GUIDA, with each being for a term of five years and total\nnot-to-exceed amount of $500,000 per agreement, and authorize the Mayor and City\nClerk to execute the agreements.\nStaff Report\nAttachment A - Coast Surveying, Inc. Agreement\nAttachment B - GUIDA Agreement\nAttachment C - BKF Engineers Agreement

12. Professional Services Agreement with EPD Solutions for Environmental\nServices for the Proposed Surf Farm Project at 3100 Irvine Avenue\n(PA2024-0069)\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 Mayor and City Clerk to execute a Professional Services\nAgreement with Environment Planning Development Solutions, Inc. for EIR Related\nto Proposed Surf Farm Project in an amount not to exceed $277,630 in a form\nsubstantially similar to the agreement attached to this staff report.\nStaff Report\nAttachment A - Professional Services Agreement with EPD Solutions, Inc.\nAugust 27, 2024

13. Lease Agreement with Balboa Angling Club for Use of the Real Property and\nTidelands at 200 A Street\na) Determine this action exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or\nreasonably foreseeable indirect physical change in the environment) and Section\n15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA\nGuidelines, California Code of Regulations, Title 14, Chapter 3, because this action\nwill not result in a physical change to the environment, directly or indirectly;\nb) Authorize the City Manager and City Clerk to execute the Lease Agreement by\nand between the City of Newport Beach and Balboa Angling Club, for use of the\nCity-owned property located at 200 A Street, in a form substantially similar to the\nagreement attached to the staff report; and\nc) Approve a waiver of City Council Policy F-7 - Income and Other Property based\non the findings contained in this staff report and the Agreement, that conducting an\nopen bid process or changing the tenant would result in excessive vacancy, and the\nuse of the property provides an essential or unique marine related services to the\ncommunity and is of a public benefit, and might not otherwise be provided where an\nopen bid or full fair market value of the property be required.\nStaff Report\nAttachment A - Lease Agreement\nAttachment B - Property Map\nAttachment C - City Council Policy F-7\nAugust 27, 2024

14. Agreement for Purchase and Sale and Escrow Instructions with Bobby\nHanada and Linda Hanada, Husband and Wife as Joint Tenants for the\nPurchase of Real Property at 301 East Balboa Boulevard\na) Determine this action exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or\nreasonably foreseeable indirect physical change in the environment) and Section\n15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA\nGuidelines, California Code of Regulations, Title 14, Chapter 3, because this action\nwill not result in a physical change to the environment, directly or indirectly;\nb) Authorize the City Manager and City Clerk to execute the Agreement for\nPurchase and Sale of Real Property and Escrow Instructions, and all associated\ndocuments necessary to complete the purchase transaction, with Bobby Hanada and\nLinda Hanada, to purchase the property at 301 East Balboa Boulevard, for a price of\n$2,600,000 in a form substantially similar to the agreement attached to the staff\nreport; and\nc) Approve Budget Amendment No. 25-013 (Attachment B) to record a budget\ntransfer of $2,832,000 from the General Fund to the General Fund CIP Fund where it\nwill be expensed from 01201925-911047-25F11.\nStaff Report\nAttachment A - Agreement for Purchase and Sale of Real Property and Escrow\nInstructions\nAttachment B - Budget Amendment No. 25-013\nAttachment C - Maps

15. On-Call Maintenance/Repair Services Agreement with Vessel Assist, LLC for\nOn-Call Vessel Towing 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 On-Call Maintenance/Repair Services Agreement with Vessel Assist,\nLLC for On-Call Vessel Towing Services at a not-to-exceed amount of $375,000,\nand authorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement\nAugust 27, 2024

16. Amendment No.1 to Agreement with Axon Enterprise Inc. for the Fusus\nIntelligence Ecosystem\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. 1 to the Purchase, Installation and Maintenance\nAgreement with Axon Enterprise, Inc. for the Fusus system and services at a\nnot-to-exceed cost of $886,990.60 and authorize the Mayor and City Clerk to\nexecute the Amendment.\nStaff Report\nAttachment A - Amendment No. 1

17. 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\nAugust 27, 2024\nMISCELLANEOUS

18. Planning Commission Action Report for the August 8, 2025 Meeting and\nAgenda for the August 22, 2024 Meeting\nReceive and file.\n8-22-24 PC Action Report & Tentative Schedule\n8-22-24 PC Agenda\n8-5-24 PC Action Report

19. Budget Amendment to Accept a Check from the Friends of the Newport\nBeach Library and Appropriate Funds to the Library’s Fiscal Year 2024-25\nMaintenance 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 $200,000 from the Friends of the Newport\nBeach Library and approve Budget Amendment No. 25-007 to increase\nexpenditures by the same amount in Division 0106052 (Friends).\nStaff Report\nAttachment A - Budget Amendment

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

20. Response to the Recommendations of the Orange County Grand Jury\nReport “Talking Trash: Recyclables and Organic Waste”\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 response letter to the Presiding Judge as requested with regard to\nthe Orange County Grand Jury’s report entitled “Talking Trash: Recyclables and\nOrganic Waste”, and authorize the Mayor to sign the letter.\nStaff Report\nAttachment A - OCGJ Report\nAttachment B - Proposed Response Letter to the OCGJ\nAugust 27, 2024

21. Response to the Orange County Grand Jury Report “E-Bikes: Friend or Foe”\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“E-Bikes: Friend or Foe,” and authorize the Mayor to submit the letter to the\nPresiding Judge of the Superior Court.\nStaff Report\nAttachment A - Orange County Grand Jury Report “E-Bikes: Friend or Foe”\nAttachment B - Proposed Response to the Orange County Grand Jury Response\nfrom the City of Newport Beach\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Resolution No. 2024-59: Accepting the California Department of Alcoholic\nBeverage Control FY 2024/2025 Alcohol Policing Partnership Grant Award\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) Adopt Resolution No. 2024-59 A Resolution of the City Council of the City of\nNewport Beach, California, Accepting the California Department of Alcoholic\nBeverage Control FY 2024/2025 Alcohol Policing Partnership Grant Award, and\nDesignating the Chief of Police as the “Authorized Agent” to Execute Grant\nDocuments Necessary to Secure Payment and Implementation of Grant Funds to\nSupplement the Police Department’s Alcohol Education and Enforcement Efforts;\nc) Approve the grant and accept the California Department of Alcoholic Beverage\nControl FY 2024/2025 Alcohol Policing Partnership Program grant award in the\namount of $56,860, and authorize the Chief of Police to execute the agreement; and\nd) Approve Budget Amendment No. 25-009 to increase revenue estimates by\n$56,860 in the ABC grant account, No. 01035352-431472-G2501 and to increase\nexpenditure appropriations in the Detective Division in the amount of $34,760 in the\nOvertime -Safety account, 01035355-713002-G2501; $15,600 in Salaries - Safety,\n01035355-711002-G2501; $3,500 in Special Department Supplies, 01035355-\n841015-G2501; and $3,000 in Training, 01035355-861003-G2501.\nStaff Report\nAttachnment A - Resolution No. 2024-59\nAttachment B - Grant Agreement\nAttachment C - Budget Amendment No. 25-009\nAugust 27, 2024

4. Resolution No. 2024-60: Approving Side Letter Agreements with Labor\nGroups Representing City Employees, Approving an Amendment to the Key\nand Management Compensation Plan and Authorizing the City Manager to\nEnter into Amendment B to the Employment Agreement with the Fire Chief\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) Adopt Resolution No. 2024-60, A Resolution of the City Council of the City of\nNewport Beach, California, Approving Side Letter Agreements with Labor Groups\nRepresenting City Employees, Approving an Amendment to the Key and\nManagement Compensation Plan and Authorizing the City Manager to Enter into\nAmendment B to the Employment Agreement with the Fire Chief;\nc) Authorize the City Manager to Execute Amendment B to the Employment\nAgreement with the Fire Chief; and\nd) Approve Budget Amendment No. 25-012 appropriating $1,920,137 to various\nsalary and benefit accounts.\nStaff Report\nAttachment A - Resolution No. 2024-60\nAttachment B - Costing Summary\nAttachment C - Budget Amendment No. 25-012

5. Resolution No. 2024-61: Waiving City Council Policy B-8 and Section A.1 of\nCity Council Policy B-13 to Permit an Annual Charity Volleyball Tournament\nand to Allow for Alcoholic Beverages on a City Beach\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15304 under Class 4 of the CEQA Guidelines, because this\nproject has no potential to have a significant effect on the environment; and\nb) Adopt Resolution No. 2024-61, A Resolution of the City Council of the City of\nNewport Beach, California, Waiving Council Policy B-8, and Section A.1. of\nCouncil Policy B-13 to Permit an Annual Charity Volleyball Tournament and to\nAllow for Alcoholic Beverages on a City Beach.\nStaff Report\nAttachment A - Volleyball Newport Beach Inc. Letter\nAttachment B - Resolution No. 2024-61\nAttachment C - City Council Policy B-8\nAttachment D - City Council Policy B-13\nAugust 27, 2024\nCONTRACTS AND AGREEMENTS

6. Bonita Creek Community Center Improvements - Notice of Completion for\nContract No. 9333-1 (23F02)\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project;\nb) Authorize the City Clerk to release the Labor and Materials Bond 65 days after\nthe Notice of Completion has been recorded in accordance with applicable portions\nof Civil Code; and\nc) Release Faithful Performance Bond one year after acceptance by the City\nCouncil.\nStaff Report\nAttachment A - Location Map

7. 2023-2024 Facilities Painting Project - Award of Contract No. 9393-1 (24F02)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 Class 1 (maintenance of existing facilities involving no\nexpansion or an existing use) of the CEQA Guidelines, California Code of\nRegulations, Title 14, Chapter 3, because this project has no potential to have a\nsignificant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 9393-1 to GCD Painting for the base bid price of $167,000\nplus additive Utilities Yard Building 7 for $7,000, for a total price of $174,000 for the\n2023-2024 Facilities Painting Project, and authorize the Mayor and City Clerk to\nexecute the contract; and\nd) Establish a contingency of $17,400 (approximately 10% of total bid) to cover the\ncost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Map Location\nAugust 27, 2024

8. Alley Restoration (Assessment District 113 and Assessment District 124\nPhase 0 Areas) - Award of Contract No. 7979-3 (25R07)\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. 7979-3 to Grigolla & Sons Construction Company, Inc. for\nthe total bid price of $3,774,000.00 for the Alley Restoration (AD-113 and AD-124\nPhase 0 areas) project, and authorize the Mayor and City Clerk to execute the\ncontract; and\nd) Establish a contingency of $377,000.00 (approximately 10% of total bid) to cover\nthe cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nAttachment B - Location Map

9. San Miguel Park Accessible Playground Improvements - Reject All Bids for\nContract No. 9371-1 (24P01)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Sections 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;\nb) Reject all bids received for Contract No. 9371-1; and\nc) Direct staff to re-advertise the San Miguel Park Accessible Playground\nImprovements.\nStaff Report\nAttachment A - Location Map