Newport Beach — 2023-09-12

III. CLOSED 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\n15th Street, Newport Beach California, 92663.\nCity Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Wooding\nWhitlinger, Real Property Administrator.\nNegotiating Parties: Evin D. Planto.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\n\nB. CONFERENCE WITH LEGAL COUNSEL\nANTICIPATED LITIGATION - INITIATION OF LITIGATION\n(Government Code § 54956.9 (d)(4)): 1 matter\n\nC. CONFERENCE WITH LEGAL COUNSEL\nEXISTING LITIGATION\n(Government Code § 54956.9 (d)(1)): 1 matter\nGlen White v. City of Newport Beach\nWorkers’ Compensation Appeals Board Case No. ADJ11567889\n\nD. CONFERENCE WITH LEGAL COUNSEL\nEXISTING LITIGATION - ANTICIPATED LITIGATION\n(Government Code § 54956.9 (d) (1) (4)): 1 matter\nThe Ohio House, LLC vs. City of Costa Mesa\nUnited States Court of Appeals for the Ninth Circuit Case No. 22-56181\nUnited States District Court for the for the Central District of California Case No .\n8:19-cv-01710-JVS-GJS

10. Temporary, Non-Exclusive and Revocable License Agreement with Orange\nCounty Sanitation District for a Construction Staging Yard at Lower\nCastaways Park Located at 100 Dover Drive\na) Find that the environmental impacts associated with approval of this license\nagreement were fully analyzed by Addendum to the EIR for the Bay Bridge Pump\nStation and Force Mains Replacement Project which was certified by the Orange\nCounty Sanitation District Board on July 23, 2023. Pursuant to Section 21166 of\nthe California Public Resources Code and Section 15162 of the CEQA\nGuidelines, no additional environmental review is required;\nb) Approve a waiver of City Council Policy F-7 - Income Property based on the\nfindings contained in this staff report and the license agreement, that the\nlicensee’s use of the property provides an essential and unique service to the\ncommunity and the project may not otherwise be completed if full fair market\nvalue rent for use of the property was charged; and\nc) Authorize the City Manager and City Clerk to execute the Temporary,\nNon-Exclusive and Revocable License Agreement between the City of Newport\nBeach and Orange County Sanitation District for use of City Property for a\ntemporary construction staging yard at Lower Castaways Park located at 100\nDover Drive, in a form substantially similar to the license agreement included with\nthe staff report.\nStaff Report\nAttachment A - Temporary License Agreement\nAttachment B - Construction Schedule

11. Purchase of 2023 Freightliner M2 Ambulance Chassis with Re-Mount of\nExisting Box\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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly;\nb) Approve the City’s participation and enrollment in the Houston-Galveston Area\nCouncil cooperative purchasing alliance known as HGACBuy, and authorize the\nFinance Director and the City Clerk to execute an interlocal contract with the\nHouston-Galveston Area Council for the purposes of cooperative purchasing of\ngoods and equipment on a form approved by the City Attorney;\nc) Approve the selection and purchase of one 2023-year model Freightliner M2\nAmbulance Chassis, including the retrofit and re-mounting of an existing City\nambulance box unit, from Professional Sales and Service, L.C., using cooperative\nselection and pricing under H-GAC contract #AM10-20, in an amount\nnot-to-exceed $390,375.28; and\nd) Authorize the City’s Finance Department to issue a Purchase Order to\nProfessional Sales and Service, L.C. in an amount not-to-exceed $390,375.28.\nSeptember 12, 2023\nStaff Report\nAttachment A - Agreement\nAttachment B - Quote\nAttachment C - Bid Documents\nAttachment D - Contract and Authorized Dealer Documents

12. Approval of Vehicle Replacement Purchase Orders for Four Toyota\nTacomas, Two John Deere Cab Tractors, and One Rockland Beach King\nSand Cleaning Machine\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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly;\nb) Approve a Purchase Order for four Toyota Tacoma 4WD double cab pickup\ntrucks from RP Automotive of Downey for a total amount of $195,711.70;\nc) Approve a Purchase Order for two John Deere Cab Tractors from RDO\nEquipment Company of Riverside for a total amount of $370,493;\nd) Approve the Sole Source purchase of one Rockland Beach King Sand\nCleaning Machine from RDO Equipment of Riverside the sole distributer for\nRockland Beach Kings in the Southern California region, and authorize the\nexecution of a Purchase Order for a total amount of $204,725; and\ne) Authorize a contingency of $38,500 (approximately 5% of total quotes) to\ncover the cost of unforeseen changes to the current quotes.\nStaff Report\nAttachment A - Bid Results\nAttachment B - Rockland Manufacturing/RDO Letter\nAttachment C - John Deere/Rockland Quote\nAttachment D - Authorization Letter\nMISCELLANEOUS

13. Planning Commission Agenda for the September 7, 2023 Meeting\nReceive and file.\nPlanning Commission Action Report\nPlanning Commission Agenda\nSeptember 12, 2023

14. Budget Amendment to Accept a Check from the Newport Beach Public\nLibrary Foundation and Appropriate the Funds to the Library’s Fiscal Year\n2023-24 Maintenance 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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Accept a check in the amount of $39,980 from the Newport Beach Public\nLibrary Foundation and approve Budget Amendment No. 24-011 to increase\nexpenditures by the same amount in Division 0106051 (Foundation).\nStaff Report\nAttachment A - Check\nAttachment B - Budget Amendment

15. Budget Amendment Allocating Public, Educational and Governmental\nAccess Support (PEG) Fees to Replace Light Fixtures Within the City\nCouncil Chambers\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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Approve Budget Amendment No. 24-019 appropriating $90,000 in increased\nexpenditures in Account No. 16820201-911005 from the PEG Fund\nunappropriated fund balance.\nStaff Report\nAttachment A - Budget Amendment

16. City Hall and Limited Off-Site Holiday Closure (Beginning on Monday,\nDecember 25, 2023, Through Monday, January 1, 2024)\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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Approve closing the Civic Center and providing limited services at off -site\nfacilities from Monday, December 25, 2023 through Monday, January 1, 2024.\nStaff Report\nAttachment A - Proposed Hours of Operation\nSeptember 12, 2023

17. General Plan Update Steering Committee Bi-Monthly Update to the City\nCouncil\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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Receive and file the report.\nStaff Report\nAttachment A - Steering Committee Chair Gardner's Memo

18. An Order by the California Coastal Commission to Reinstall Fences to\nProtect the Western Snowy Plover Shorebirds\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15333, Class 33 (Small Habitat Restoration Projects) of the\nCEQA Guidelines, because this project has no potential to have a significant\neffect on the environment; and\nb) Authorize the City Manager to sign the Consent Executive Director Cease and\nDesist Order No. ED-23-CD-01.\nStaff Report\nAttachment A - Consent Executive Director Cease and Desist Order\nAttachment B - California Coastal Commission Letter\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Concrete Replacement Program FY 2022-23 (Project No. 23R06) - Notice of\nCompletion for Contract No. 8921-1\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\nportions of Civil Code; and\nc) Release Faithful Performance Bond one year after acceptance by the City\nCouncil.\nStaff Report\nAttachment A - Location Map

4. Goldenrod Pedestrian Bridge Improvements Project - Notice of Completion\nof Contract No. 8871-1 (23R12)\na) Accept the completed work and authorize the City Clerk to file a project Notice\nof Completion;\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\nportions of the Civil Code; and\nc) Release the Faithful Performance Bond one year after acceptance by the City\nCouncil.\nStaff Report\nAttachment A - Location Map\nSeptember 12, 2023

5. American Legion Bulkhead Wall Repair - Notice of Completion of Contract\nNo. 7659-1 (16H11)\na) Accept the completed work and authorize the City Clerk to file a project Notice\nof Completion;\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\nportions of the Civil Code; and\nc) Release the Faithful Performance Bond one year after acceptance by the City\nCouncil.\nStaff Report\nAttachment A - Location Map

6. Water Well Rehabilitation - Tamura Deep Well (Project No. 24W15) - Award\nof Contract No. 9328-1\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15302(c), Class 2 (reconstruction of existing facility involving\nnegligible or no expansion of capacity) 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. 9328-1 to General Pump Company, Inc. for the total bid\nprice of $817,024 for the Tamura Deep Water Well Rehabilitation project, and\nauthorize the Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $81,000 (approximately 10 percent of total bid) to\ncover the cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map

7. Balboa Pier Maintenance - Award of Contract No. 9323-1 (24H09)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301_Class 1 (rehabilitation of deteriorated facilities) of the\nCEQA Guidelines, because this project results in no expansion of an existing use\nand has no potential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 9323-1 to Jilk Heavy Construction, Inc., for the total bid\nprice of $182,780 for the Balboa Pier Maintenance project, and authorize the\nMayor and City Clerk to execute the contract; and\nd) Establish a contingency of $27,220 (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\nSeptember 12, 2023

8. Amendment No. One to Gift Agreement Between City of Newport Beach and\nFriends of Newport Beach Animal Shelter to Accept Donation of the Real\nProperty at 20282 Riverside Drive\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Section 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; and\nb) Authorize the City Manager and City Clerk to execute Amendment No. One to\nthe Gift Agreement and all associated documents necessary to complete the\ndonation transaction, with Friends of Newport Beach Animal Shelter, to accept\ndonation of the property at 20282 Riverside Drive, in a form substantially similar\nto the agreement prepared by the City Attorney.\nStaff Report\nAttachment A - Amendment No. One\nAttachment B - Gift Agreement

9. Approval of the Joint Use Agreement Between the City of Newport Beach\nand Newport-Mesa Unified School District for Use of Mariners Branch\nLibrary\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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Approve the Joint Use Agreement between the City of Newport Beach and\nNewport-Mesa Unified School District for use of Mariners Library for a 20-year\nperiod.\nStaff Report\nAttachment A - Joint Use Agreement\nSeptember 12, 2023