Newport Beach — 2023-01-24

IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room\nA. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nProperty: The American Legion Newport Harbor Post No. 291, located at 215 15th\nStreet, Newport Beach California, 92663.\nCity Negotiators: Seimone Jurjis, Community Development Director and Lauren\nWooding Whitlinger, Real Property Administrator.\nNegotiating Parties: Evin D. Planto.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\nJanuary 24, 2023\nB. CONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 2 Matters\n1. Agency Designated Representatives: Grace K. Leung, City Manager,\nBarbara Salvini, Human Resources Director, and Charles Sakai, Esq.\nEmployee Organizations and Unrepresented Employees: Association of\nNewport Beach Ocean Lifeguards (ANBOL); Newport Beach Employee League\n(NBEL); Newport Beach Lifeguard Management Association (NBLMA); Newport\nBeach City Employees Association (NBCEA); Newport Beach Firefighters\nAssociation (NBFA); Newport Beach Fire Management Association (NBFMA);\nNewport Beach Police Association (NBPA); Newport Beach Police Management\nAssociation (NBPMA); Part Time Employees Association of Newport Beach\n(PTEANB); Newport Beach Professional and Technical Employee Association\n(NBPTEA), and unrepresented employees not in positions designated as Key and\nManagement.\n2. Agency Designated Representatives: Noah Blom, Mayor, and William O’Neill,\nMayor Pro Tem.\nUnrepresented Employees: Grace Leung, City Manager, Aaron C. Harp, City\nAttorney, Leilani Brown, City Clerk, and unrepresented employees in positions\ndesignated as Key and Management.\nC. CONFERENCE WITH LEGAL COUNSEL\nEXISTING LITIGATION - ANTICIPATED LITIGATION\n(Government Code § 54956.9(d) (1) and (d) (4)): 2 matters\nSoCal Recovery, LLC, a California Limited Liability Company et al. v. City of\nCosta Mesa\nUnited States District Court, Central District of California, Case No.\n8:18-cv-01304-JVS-PJW\nNinth Circuit Court of Appeals, Case No. 20-55820\nRaw Recovery, LLC, v. a California Limited Liability Company v. City of Costa\nMesa\nUnited States District Court, Central District of California, Case No.\n8:18-cv-01080-JVS-PJW\nNinth Circuit Court of Appeals, Case No. 20-55870\n(The reason for holding a closed session in regards to these matters is for the\npurpose of conferring with and/or receiving advice from the City's legal counsel and\nto receive direction from the City Council regarding the possible filing and /or\nparticipation in an amicus brief.)\nJanuary 24, 2023

10. Maintenance/Repair Services Agreement with C3 Office Solutions LLC dba\nC3 Tech for Copier Maintenance and Repair 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 the Maintenance/Repair Services Agreement with C3 Office Solutions\nLLC dba C3 Tech for copier maintenance services for a five-year term, ending\nJanuary 25, 2028, and a total not-to-exceed amount of $260,443.60, and authorize\nthe Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement\nWritten Comments\nJanuary 24, 2023\nMISCELLANEOUS

11. Planning Commission Agenda for the January 19, 2023 Meeting\nReceive and file.\nPlanning Commission Action Report\nPlanning Commission Agenda\nWritten Comments

12. Budget Amendment to Accept a Check from the California State Library for\nLiteracy Services (CLLS) and Appropriate Funds to the Library’s FY 2022-23\nBudget\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 $43,022 from the California State Library for\nLiteracy Services (CLLS) and approve Budget Amendment No. 23-045 to increase\nexpenditures by the same amount in the Literacy accounts.\nStaff Report\nAttachment A - Check\nAttachment B - Budget Amendment

13. Grants and Donations Report for the Quarter Ending December 31, 2022\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

14. Status on Planning Commission’s Efforts Related to Fractional\nHomeownership (PA2022-0202)\nReceive and file.\nStaff Report\nWritten Comments\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED\nJanuary 24, 2023

3. Resolution No. 2023-6: Supporting Efforts to Eliminate the Threat of Fentanyl\nto the Newport Beach Community\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. 2023-6, A Resolution of the City Council of the City of\nNewport Beach, California, Supporting Efforts to Eliminate the Threat of Fentanyl\nto the Newport Beach Community.\nStaff Report\nAttachment A – Resolution No. 2023-6

4. Resolution No. 2023-7: Big Canyon Habitat Restoration Project - Phase 3:\nAdoption of License Agreement and Design Plan\na) Find this Project exempt from the California Environmental Quality Act ("CEQA")\npursuant to California Public Resources Code Section 21080.56; and\nb) Adopt Resolution No. 2023-7, A Resolution of the City Council of the City of\nNewport Beach, California, Approving the Big Canyon Habitat Restoration Project\nPhase 3, Approving a License Agreement and Memorandum of Understanding\nwith the California Department of Fish and Wildlife, and Authorizing Submittal of\nan Application to the California Coastal Commission (PA2022-034).\nStaff Report\nAttachment A - Resolution No. 2023-7\nAttachment B - PBR Minutes\nAttachment C - CEQA Letter\nWritten Comments\nJanuary 24, 2023\nCONTRACTS AND AGREEMENTS

5. Newport Beach Mariners Library, Corona del Mar Lifeguard Substation, and\nBen Carlson Lifeguard Headquarters Heating, Ventilation, and Air\nConditioning Replacement Project - Award of Contract No. 8760-1 (22F02)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Class 1 Section 15301(d) (maintenance of existing public facilities and\nmechanical equipment involving no expansion of existing use) of the CEQA\nGuidelines, California Code of Regulations, Title 14, Chapter 3, because it has no\npotential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 8760-1 to Western Allied Corporation for the bid price of\n$427,497 for the Newport Beach Mariners Library, CdM Lifeguard Substation, and\nBen Carlson Lifeguard Headquarters HVAC Replacement Project, and authorize the\nMayor and City Clerk to execute the contract; and\nd) Establish a contingency of $43,000 (approximately 10 percent of total bid) to\ncover the cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Maps\nWritten Comments

6. Goldenrod Pedestrian Bridge Improvements Project - Award of Contract No.\n8871-1 (23R12)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Class 1 Section 15301(d) (maintenance of existing public facilities\ninvolving no expansion of existing use) of the CEQA Guidelines, California Code of\nRegulations, Title 14, Chapter 3, because it has no potential to have a significant\neffect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 8871-1 to Diamond Construction and Design for the bid\nprice of $158,223 for the Goldenrod Pedestrian Bridge Improvements Project, and\nauthorize the Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $23,000 (approximately 15 percent of total bid) to\ncover the cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nOn the Agenda\nJanuary 24, 2023

7. Approval of On-Call Professional Services Agreements for Project\nManagement 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 Professional Services Agreements with Ardurra Group, Inc.,\nDMC Engineering, and Z&K Consultants, Inc. for professional project management\nservices, with each agreement being for a term of three years and a total\nnot-to-exceed amount of $200,000, and authorize the Mayor and City Clerk to\nexecute the agreements.\nStaff Report\nAttachment A - Ardurra Group Agreement\nAttachment B - DMC Engineering Agreement\nAttachment C - Z&K Consultants Agreement\nWritten Comments

8. Award of On-Call Plumbing Maintenance and Repair Services Agreements\nwith Pacific Plumbing of Southern California, Verne’s Plumbing, Inc. and\nACCO Engineered Systems.\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 and Repair Service Agreements with Verne’s\nPlumbing Inc., Pacific Plumbing of Santa Ana (dba Pacific Plumbing of Southern\nCalifornia), and ACCO Engineered Systems Inc., with each agreement being for a\nterm of three years and total not-to-exceed amount of $200,000 per agreement, and\nauthorize the Mayor and City Clerk to execute the agreements.\nStaff Report\nAttachment A - Verne's Plumbing Agreement\nAttachment B - Pacific Plumbing Agreement\nAttachment C - ACCO Agreement\nWritten Comments\nJanuary 24, 2023

9. Amendment No. 8 to CAD/RMS Software Maintenance Agreement with\nSuperion, LLC\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. 8 to the Software Maintenance Agreement with\nSuperion, LLC of Lake Mary, Florida, for a not-to-exceed cost of $1,424,012.47 over\nten years, and authorize the Mayor and City Clerk to execute the Amendment.\nStaff Report\nAttachment A - Amendment No. 8\nWritten Comments