Newport Beach — 2024-10-22

1. Minutes for the October 8, 2024 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10. Fire Station No. 8 HVAC Rehabilitation - Reject All Bids for Contract No.\n9373-1 (24F02)\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. 9373-1; and\nc) Direct staff to re-advertise the Fire Station No. 8 HVAC Rehabilitation project.\nStaff Report\nAttachment A - Location Map\nOctober 22, 2024

11. Approval of Professional Services Agreement with Moffatt & Nichol for\nOcean Piers Inspection and Design Services (25H03)\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 Moffatt & Nichol for the Ocean\nPiers Inspection and Design Services project for a total not-to-exceed amount of\n$265,500, and authorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Proposal\nAttachment B - Revised Proposal

12. Award of On-Call Roofing Maintenance and Repair Services Agreements\nwith Rainy Day Roofing, Inc., and Best Contracting Services, Inc.\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 an On-Call Roofing Maintenance and Repair Service Agreement with\nRainy Day Roofing Inc., for a five-year term and total amount not-to-exceed of\n$200,000, and authorize the Mayor and City Clerk to execute the agreement; and\nc) Approve an On-Call Roofing Maintenance and Repair Service Agreement with\nBest Contracting, Inc., for a five-year term and total amount not-to-exceed of\n$100,000, and authorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Rainy Day Roofing Agreement\nAttachment B - Best Contracting Agreement\nOctober 22, 2024

13. Approval of Vehicle Replacement Purchase Orders for Three Toyota Tacoma\nTrucks, One John Deere Wheel Loader, and One John Deere Backhoe\nLoader\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 a Purchase Order for three Toyota Tacoma TRD Off-Road 4WD double\ncab pickup trucks from Toyota of Glendale, for a total amount of $142,925.73;\nc) Approve a Purchase Order for one John Deere 624 P-Tier wheel loader, and one\nJohn Deere 410 P-Tier backhoe loader from Coastline Equipment of Long Beach,\nfor a total amount of $471,762.96; and\nd) Authorize a contingency of $30,000 (approximately 5% of total quotes) to cover\nthe cost of unforeseen changes to the current quotes.\nStaff Report\nAttachment A - Bid Results RFB No. 25-15\nAttachment B - Quotation No. 31472455\nAttachment C - Quotation No. 31431336

14. Amendment No. One to the Professional Services Agreement with\nPlaceWorks, Inc. for Environmental Services for a Landfill Gas to Energy\nFacility at 20662 Newport Coast Drive (PA2022-063)\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 and authorize the Mayor and City Clerk to execute Amendment No. One\nto Professional Services Agreement with PlaceWorks, Inc. for Preparation of\nEnvironmental Analysis and Documentation for Landfill Gas to Energy Plant at 20662\nNewport Coast Drive, in an amount not-to-exceed $188,613 and in a form\nsubstantially similar to the agreement attached to the staff report.\nStaff Report\nAttachment A - Amendment No. One\nAttachment B - Professional Services Agreement\nOctober 22, 2024

15. Benefits Broker Third Party Administrator - Approval of Professional\nServices Agreement with Burnham Benefits Insurance 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 five-year Professional Services Agreement with Burnham Benefits\nInsurance Services, LLC for Benefits Broker Services at a not-to-exceed amount of\n$257,250, and authorize the Mayor and City Clerk to execute the Agreement.\nStaff Report\nAttachment A - Agreement

16. Workers’ Compensation Third Party Administrator - Approval of Professional\nServices Agreement with AdminSure, Inc.\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 five-year Professional Services Agreement with AdminSure, Inc. for\nWorkers’ Compensation Third-Party Administration (TPA) Services at a\nnot-to-exceed amount of $2,172,472, and authorize the Mayor and City Clerk to\nexecute the Agreement.\nStaff Report\nAttachment A - Agreement\nOctober 22, 2024\nMISCELLANEOUS

17. Year-End Budget Results and Surplus Allocation\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 the one-time waiver of policy elements C and D of City Council Policy F-\n5 - General Fund Surplus Utilization;\nc) Approve Budget Amendment No. 25-027, allocating the unrestricted operating\nsurplus for Fiscal Year 2023-24; and\nd) Receive and file the report of the budget amendments for the fourth quarter.\nStaff Report\nAttachment A - Budget Amendment\nAttachment B - Fourth Quarter Budget Amendments

18. Annual Review of Visit Newport Beach Audited Financial Statements and\nExpenditure 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; and\nb) Receive and file.\nStaff Report\nAttachment A - VNB Audited Financial Statements\nAttachment B - NB&Co. Audited Financial Statements\nAttachment C - VNB Expenditure Compliance Report\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 Clerk\nto read by title only.\nORDINANCES FOR INTRODUCTION

3. Ordinance No. 2024-25: Amending Chapter 15.02 (Administrative Code\nRelated to Construction and Demolition Waste Permits) of the Newport\nBeach Municipal Code\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 15060(c)\n(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; and\nb) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance\nNo. 2024-25, An Ordinance of the City Council of the City of Newport Beach,\nCalifornia, Amending Section 15.02.085 (Addition of Section 105.3.1.1) of Chapter\n15.02 (Administrative Code) of the Newport Beach Municipal Code, to Update\nAdministrative Procedures for the Handling of Permit Deposits and Fees\nAssociated with Waste Generated from Construction Projects Having a Valuation\nOver $100,000 or that Result in the Complete Demolition of a Structure, and pass\nto second reading on November 12, 2024.\nStaff Report\nAttachment A - Ordinance No. 2024-25\nAttachment B - NBMC Chapter 15.02 (redine)\nOctober 22, 2024

4. Ordinance No. 2024-26 and Resolution No. 2024-76: Local Coastal Program\nAmendments Related to Changing Land Use for the Hanna Residences at\n3014 Balboa Boulevard (PA2020-060)\na) Find this amendment exempt from the California Environmental Quality Act\n(CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion\nof Small Structures) of the CEQA Guidelines, because it has no potential to have a\nsignificant effect on the environment and local governments are exempt from the\nrequirements of CEQA in connection with the adoption of a Local Coastal Program,\nand further that the exceptions to the Class 3 exemption do not apply;\nb) Adopt Resolution No. 2024-76, A Resolution of the City Council of the City of\nNewport Beach, California, Amending the Coastal Land Use Plan of the Local\nCoastal Program to Change the Land Use Category From Commercial\nNeighborhood - (0.0 - 0.30 FAR) (CN) to Two Unit Residential - (30.0 - 39.9\nDU/AC) (RT-E) for the Property Located at 3014 Balboa Boulevard (PA2020-060);\nand\nc) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance\nNo. 2024-26, An Ordinance of the City Council of the City of Newport Beach,\nCalifornia, Amending Title 21 (Local Coastal Program Implementation Plan) of the\nNewport Beach Municipal Code to Change the Zoning District From Commercial\nNeighborhood (CN) to Two-Unit Residential (R-2) and to Amend Setback Map S-\n2B - Balboa Peninsula to Remove a Front Setback Designation Abutting the Side\nProperty Line For the Property Located at 3014 Balboa Boulevard (PA2020-060),\nand pass to second reading on November 12, 2024.\nStaff Report\nAttachment A - Resolution No. 2024-76\nAttachment B - Ordinance No. 2024-26\nAttachment C - Resolution No. 2023-12\nAttachment D - 2-14-23 Staff Report\nAttachment E - CCC Approval Letter\nOctober 22, 2024

5. Ordinance No. 2024-27 and Resolution No. 2024-77: Local Coastal Program\n(LCP) Amendment to Increase the Development Limit Specified for Bay\nIsland (PA2022-087)\na) Find this action exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15303 under 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;\nb) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance\nNo. 2024-27, An Ordinance of the City Council of the City of Newport Beach,\nCalifornia, Amending Title 21 (Local Coastal Program Implementation Plan) to\nChange the Development Limit Specified for Bay Island from 23 Dwelling Units to\na Maximum of 25 Dwelling Units (PA2022-087), and pass to second reading on\nNovember 12, 2024; and\nc) Adopt Resolution No. 2024-77, A Resolution of the City Council of the City of\nNewport Beach, California, Adopting a Local Coastal Program Amendment as\nApproved by the California Coastal Commission to Change the Development\nLimit Specified in the Coastal Land Use Plan (CLUP) for Bay Island from 23\nDwelling Units to a Maximum of 25 Dwelling Units (PA2022-087).\nStaff Report\nAttachment A - Ordinance No. 2024-27\nAttachment B - Resolution No. 2024-77\nAttachment C - Ordinance No. 2023-1\nAttachment D - Resolution No. 2023-4\nAttachment E - 1-24-23 Staff Report\nAttachment F - CCC Approval Letter\nAttachment G - CCC Staff Report\nOctober 22, 2024\nORDINANCE FOR ADOPTION

6. Ordinance No. 2024-24: Approving the Second Amendment to Development\nAgreement No. DA2012-003 for the Uptown Newport Planned Community\nLocated at 4311 Jamboree Road (PA2024-0078)\na) Find that all significant environmental concerns for the Project have been\naddressed in the previously certified Environmental Impact Report No. ER2012-001\n(SCH No. 2010051094), First Addendum No. ER2012-001, and Second Addendum\nNo. ER2020-001; and\nb) Conduct second reading and adopt Ordinance No. 2024-24, An Ordinance of\nthe City Council of the City of Newport Beach, California, Approving of the Second\nAmendment to Development Agreement No. DA2012-003 for Uptown Newport\nPlanned Community Located at 4311 Jamboree Road (PA2024-0078).\nStaff Report\nAttachment A - Ordinance No. 2024-24\nRESOLUTION FOR ADOPTION

7. Resolution No. 2024-78: Amending City Council Policy F-1 (Statement of\nInvestment Policy)\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. 2024-78, A Resolution of the City Council of the City of\nNewport Beach, California, Finding Consistency with Stated Investment Objectives\nand Amending City Council Policy F-1 (Statement of Investment Policy) to Add\nClarifying Language that is Consistent with Government Code Section 53600, et\nseq.\nStaff Report\nAttachment A - Council Policy F-1 (redline)\nAttachment B - Resolution No. 2024-78\nOctober 22, 2024\nCONTRACTS AND AGREEMENTS

8. Newport Boulevard Landscape Improvements (Industrial Way to Pacific\nCoast Highway) and West Coast Highway Landscaping Improvements (West\nCity Limits to Highland St.) - Notice of Completion for Contract No. 9226-1\n(23L01)\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project .\nStaff Report\nAttachment A - Location Map

9. Approval of Amendment No. Two to Maintenance/Repair Services Agreement\nwith CR&R Incorporated for Commercial Refuse Removal Services of City\nOperations (Contract No. 8569-1)\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 Amendment No. Two to Maintenance/Repair Services Agreement with\nCR&R Incorporated (Contract No. 8569-1) to implement source separation at City of\nNewport Beach facilities, increase disposal frequencies for green waste, add City\nfacilities, extend the agreement to February 28, 2026, and increase the\nnot-to-exceed amount by $333,903.72 to a total not-to-exceed of $1,090,117.89.\nStaff Report\nAttachment A - Original Agreement\nAttachment B - Amendment No. 1\nAttachment C - Amendment No. 2