Newport Beach — 2023-03-28

IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room\nA. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nProperty: 1201 Dove Street, Newport Beach, California (APN 427-221-06).\nCity Negotiators: Seimone Jurjis, Community Development Director and Lauren\nWooding Whitlinger, Real Property Administrator.\nNegotiating Parties: Parke Miller.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\nMarch 28, 2023\nB. CONFERENCE WITH LEGAL COUNSEL\nEXISTING LITIGATION - ANTICIPATED LITIGATION\n(Government Code § 54956.9(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 Ninth 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 Ninth Circuit Court of Appeals, Case No. 20-55870\n(The reason for holding a closed session regarding these matters is for the purpose\nof conferring with and/or receiving advice from the City's legal counsel and to receive\ndirection from the City Council regarding the possible filing and /or participation in an\namicus brief.)

3. Resolution No. 2023-16: Proclaiming a Local Emergency Due to the Ongoing\nWinter Storms and Related Storm Damage\na) Determine this action is not subject to the California Environmental Quality Act\n(CEQA) pursuant to Sections 15269(c) (the activity is necessary to prevent or\nmitigate an emergency), 15060(c)(2) (the activity will not result in a direct or\nreasonable 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, Division 6, Chapter 3, because\nit has no potential for resulting in physical change to the environment, directly or\nindirectly; and\nb) Adopt Resolution No. 2023-16, A Resolution of the City Council of the City of\nNewport Beach, California, Proclaiming a Local Emergency Due to the Ongoing\nWinter Storms and Related Storm Damage.\nStaff Report\nAttachment A - Resolution No. 2023-16\nMarch 28, 2023\nCONTRACTS AND AGREEMENTS

4. Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion\n(Project No. 21R15) - Notice of Completion for Contract No. 7885-2\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

5. Hillsborough Pump Station Rehabilitation - Award of Contract No. 8758-2\n(23W12)\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, California\nCode of Regulations, Title 14, Chapter 3, because this project has no potential to\nhave a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 8758-2 to Vicon Enterprise, Inc. for the bid price of $354,000\nfor the Hillsborough Pump Station Rehabilitation project, and authorize the Mayor\nand City Clerk to execute the contract; and\nd) Establish a contingency of $53,000 (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\nMarch 28, 2023\nMISCELLANEOUS

6. Planning Commission Agenda for the March 23, 2023 Meeting\nReceive and file.\nPlanning Commission Action Report\nPlanning Commission Agenda

7. 2022 Annual General Plan and Housing Element Progress Report\na) Find the preparation, review and submission of the 2022 General Plan Progress\nReport not subject to the California Environmental Quality Act (CEQA) as the actions\nare not a project as defined by Section 15378(b)(2) of the Public Resources Code;\nb) Review the 2022 General Plan Progress Report, including the Housing Element\nAnnual Progress Report; and\nc) Authorize the submittal of the 2022 General Plan Progress Report to the\nCalifornia Office of Planning and Research and the submittal of the Housing Element\nAnnual Progress Report to the State Department of Housing and Community\nDevelopment.\nStaff Report\nAttachment A - 2022 General Plan Progress Report

8. Ground Emergency Medical Transport (GEMT) Quality Assurance Fee (QAF)\nPayment\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 Budget Amendment No. 23-062 appropriating $215,244.54 in\nincreased expenditures in Account No. 01040404-821009 (GEMT QAF) from the\nGeneral Fund unappropriated fund balance for mandatory payment of the 2022\nGround Emergency Medical Transport (GEMT) Quality Assurance Fee (QAF).\nStaff Report\nAttachment A - Department of Health Care Services 2022 Quarterly Invoices\nAttachment B - Budget Amendment\nMarch 28, 2023

9. Authorization to Accept Funding from the U.S. Department of Homeland\nSecurity Grant Program to Purchase Software Licenses for an Evacuation\nPlanning Tool\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) Accept the $60,000 grant award from the 2021 Homeland Security Grant\nProgram to purchase 10 evacuation software platform licenses for the Orange\nCounty Harbor Region and obtain reimbursement from the grant;\nc) Authorize the City Manager to enter into the SAAS Agreement for Cloud Services\nwith Ladris Technologies, Inc., for a trial term of nine months, not to exceed sixty\nthousand dollars ($60,000); and\nd) Approve Budget Amendment No. 23-059 to accept Homeland Security grant\nfunds, increase revenue estimates by $60,000 in account 0103511-431453-G2320,\nand increase expenditure appropriations by $60,000 in account 0103511-911027\n-G2320.\nStaff Report\nAttachment A - Transfer Agreement\nAttachment B - Ladris Technologies Contract\nAttachment C - Budget Amendment\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED