Newport Beach — 2024-09-24

1. Minutes for the September 10, 2024 City Council Meeting and Special\nMeeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10. Citywide Public Dock Rehabilitation - Award of Contract No. 9557-1 (24H02)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or\nReconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14,\nChapter 3 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. 25-017 appropriating $430,893 in increased\nexpenditures in Account No. 10101-980000-24H02 from the Tidelands Capital Fund\nunappropriated fund balance;\nd) Award Contract No. 9557-1 to Jilk Heavy Construction, Inc. for the total bid price\nof $1,296,000 for the Citywide Public Dock Rehabilitation Project, and authorize the\nMayor and City Clerk to execute the contract; and\ne) Establish a contingency of $129,600 (10% of total bid) to cover the cost of\nunforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nAttachment B - Budget Amendment\nSeptember 24, 2024

11. Approval of Professional Services Agreement with Anchor QEA, Inc. 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 Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Approve a Professional Services Agreement with Anchor QEA, Inc. for design\nservices for 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 - Location Map\nAttachment B - Agreement

12. 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\nSeptember 24, 2024

13. Memorandum of Understanding with Laguna Beach County Water District\nfor a New Water Well\na) Determine this action is 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) Approve a Memorandum of Understanding with the Laguna Beach County Water\nDistrict for a new water well and authorize the Mayor and City Clerk to execute the\nagreement; and\nc) Approve Amendment No. Two to the On-Call Professional Service Agreement\nwith MKN & Associates (Contract No. 8908-1) for professional civil engineering\nplanning, design and construction support services in the amount of $200,000, and\nauthorize the Mayor and City Clerk to execute the amendment.\nStaff Report\nAttachment A - New Water Well Technical Memorandum\nAttachment B - Memorandum of Understanding\nAttachment C - Amendment Two

14. Professional Services Agreement with Townsend Public Affairs, Inc. for\nGrant Writing 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 Professional Services Agreement with Townsend Public Affairs, Inc.\nfor grant writing services for an initial one-year term, ending September 23, 2025,\nwith two optional one-year extensions and a total not-to-exceed amount of $216,000,\nand authorized the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement\nSeptember 24, 2024\nMISCELLANEOUS

15. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the\nCity Council and Confirmation of New Appointments to the General Plan\nAdvisory Committee (GPAC)\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) Receive and file the report to express concurrence with the General Plan\nAdvisory Committee and the General Plan Update Steering Committee for\nadditional work related to the General Plan Noise Element; and\nc) Confirm the General Plan Update Steering Committee’s recommended\nappointments of Virginia Anders-Ellmore and Janine Padia to fill the seats on the\nGeneral Plan Advisory Committee.\nStaff Report\nAttachment A - GPUSC Memo to the City Council\nAttachment B - Memo Regarding Dudek’s Review of the General Plan Noise\nElement\nAttachment C - Phase One Outreach Summary\nAttachment D - Resolution No. 2023-51\nAttachment E - Advisory Committee Applications

2. Reading of Ordinances\nWaive reading in full of all ordinances under consideration, and direct the City Clerk\nto read by title only.\nSeptember 24, 2024\nORDINANCES FOR INTRODUCTION

3. Ordinance No. 2024-22: LCP Amendment Related to Nonconforming Uses\nand Structures (PA2022-076)\na) Find this amendment exempt pursuant to California Environmental Quality Act\n(CEQA) Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has\nno potential to have a significant effect on the environment and local governments\nare exempt from the requirements of CEQA in connection with the adoption of a\nLocal Coastal Program; and\nb) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance\nNo. 2024-22, An Ordinance of the City Council of the City of Newport Beach,\nCalifornia, Amending Sections 21.18.030 (Residential Coastal Zoning Districts\nGeneral Development Standards), 21.38.040 (Nonconforming Structures), and\n21.38.050 (Nonconforming Uses) of Title 21 (Local Coastal Program\nImplementation Plan) of the Newport Beach Municipal Code to Conform with State\nLaw and Correct Errors Related to Setbacks (PA2022-076), and pass to second\nreading on October 8, 2024.\nStaff Report\nAttachment A - Ordinance No. 2024-23\nAttachment B - Ordinance No. 2022-25 (Title 20)\nAttachment C - Resolution No. 2022-82\nAttachment D - 11-15-22 Staff Report\nAttachment E - Coastal Commission Approval Letter\nAttachment F - Coastal Commission Staff Report and Addenda\nSeptember 24, 2024\nORDINANCES FOR ADOPTION

4. Ordinance No. 2024-20: Adding Chapter 5.98 (Acceptance of Cash by\nBrick-and-Mortar Businesses) to the Newport Beach Municipal 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) Conduct second reading and adopt Ordinance No. 2024-20, An Ordinance of\nthe City Council of the City of Newport Beach, California, Adding Chapter 5.98\n(Acceptance of Cash by Brick-and-Mortar Businesses) to the Newport Beach\nMunicipal Code.\nStaff Report\nAttachment A - Ordinance No. 2024-20

5. Ordinance No. 2024-21: Title 21 of the Newport Beach Municipal Code\nUpdating Density Bonus Regulations to Comply with State Law\n(PA2020-032)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects\nwhich have the potential to have a significant effect on the environment; and\nb) Conduct second reading and adopt Ordinance No. 2024-21, An Ordinance of\nthe City Council of the City of Newport Beach, California, Adopting Local Coastal\nProgram Amendment No. LC2020-004, as Modified by the California Coastal\nCommission, Amending Title 21 (Local Coastal Program Implementation Plan) of\nthe Newport Beach Municipal Code Related to Density Bonuses Standards, to\nComply with State Law (PA2020-032).\nStaff Report\nAttachment A - Ordinance No. 2024-21\nSeptember 24, 2024\nRESOLUTION FOR ADOPTION

6. Resolution No. 2024-70: Approving Side Letter Agreements with Labor\nGroups Representing City Employees\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. 2024-70, A Resolution of the City of Newport Beach,\nCalifornia, Approving Side Letter Agreements with Labor Groups Representing\nCity Employees; and\nc) Approve Budget Amendment No. 25-018 appropriating $220,750 to various\nsalary and benefit accounts.\nStaff Report\nAttachment A - Resolution No. 2024-70\nAttachment B - Costing Summary\nAttachment C - Budget Amendment\nCONTRACTS AND AGREEMENTS

7. 16th Street Pump Station Upgrades and Back-up Generator - Notice of\nCompletion for Contract No. 7693-2 (18W13)\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\nSeptember 24, 2024

8. 29th Street Public Pier - Notice of Completion for Contract No. 8821-2 (19H02)\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

9. Purchase and Installation of Vehicle Exhaust Capture System Equipment -\nNotice of Completion for Contract No. 8889-1 (23M12)\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