Newport Beach — 2023-09-26

IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room\nA. CONFERENCE WITH LEGAL COUNSEL\nEXISTING LITIGATION\n(Government Code § 54956.9 (d)(1)): 1 matter\nSteven Shulman v. City of Newport Beach\nWorkers’ Compensation Appeals Board Case No. ADJ8398388

10. Planning Commission Agenda for the September 21, 2023 Meeting\nReceive and file.\nPlanning Commission Agenda\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED\nSeptember 26, 2023

3. Ordinance No. 2023-14: Non-Exclusive Commercial Solid Waste Franchise\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) Conduct second reading and adopt Ordinance No. 2023-14, An Ordinance of\nthe City Council of the City of Newport Beach, California, Granting a\nNon-Exclusive Franchise Agreement for Commercial Solid Waste and Divertible\nMaterials Handling Services Within the City of Newport Beach to the so-named\ncompany.\nStaff Report\nAttachment A - Resolution No. 2023-46\nAttachment B - Ordinance No 2023-14\nSeptember 26, 2023\nRESOLUTIONS FOR ADOPTION

4. Resolution No. 2023-54: Summary Vacation of Existing Public Waterline\nEasement at 352 Poppy Avenue\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) Adopt Resolution No. 2023-54, A Resolution of the City Council of the City of\nNewport Beach, California, Summarily Vacating a Public Waterline Easement at\n352 Poppy Avenue (Portion of Lot 5 of Block “A” of Tract 673);\nc) Direct staff to process the summary vacation of said easement; and\nd) Direct the City Clerk to have the Resolution and summary vacation documents\nrecorded by the Orange County Recorder.\nStaff Report\nAttachment A - Resolution No. 2023-54\nAttachment B - Area Map\nAttachment C - Owner Letter

5. Resolution No. 2023-55: Summary Vacation of Certain Existing Public Sewer\nEasement Areas at 850 San Clemente Drive\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) Adopt Resolution No. 2023-55, A Resolution of the City Council of the City of\nNewport Beach, California, Summarily Vacating a Portion of a Public Sewer\nEasement at 850 San Clemente Drive (Parcel 1 of Lot Merger No. LM2018-004);\nc) Direct staff to process the summary vacation of said certain easement areas;\nand\nd) Direct the City Clerk to have the Resolution and summary vacation documents\nrecorded by the Orange County Recorder.\nStaff Report\nAttachment A - Resolution No. 2023-55\nAttachment B - Resolution PC2019-021\nAttachment C - Vicinity Map\nAttachment D - Location Map\nSeptember 26, 2023\nCONTRACTS AND AGREEMENTS

6. Concrete Replacement Program FY 2023-24 (Project No. 24R06) - Award of\nContract No. 9378-1\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, 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. 9378-1 to Grigolla & Sons Construction Company, Inc. for\nthe bid price of $989,250 for the Concrete Replacement Program FY 2023-24,\nand authorize the Mayor and City Clerk to execute the contract;\nd) Establish a contingency of $200,000 (approximately 20 percent of total bid) to\ncover the cost of unforeseen work not included in the original contract; and\ne) Approve Budget Amendment No. 24-023, appropriating $77,756 in increased\nexpenditures in 01201927-980000-24R06 from the General Fund Capital Projects\nFund's unappropriated fund balance.\nStaff Report\nAttachment A - Location Map\nAttachment B - Budget Amendment

7. Amendments to Professional Services Agreements for JLee Engineering,\nInc., Bureau Veritas North America, Inc., and CSG Consultants, Inc. for\nBuilding Safety Related 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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly;\nb) Approve and authorize the Mayor and City Clerk to execute Amendment No .\nOne to Professional Services Agreement with JLee Engineering, Inc., to increase\nthe contract amount by $250,000, not-to-exceed amount of $610,000;\nc) Approve and authorize the Mayor and City Clerk to execute Amendment No .\nThree to Professional Services Agreement with Bureau Veritas North America,\nInc., to increase the contract amount by $150,000, not-to-exceed amount of\n$270,000; and\nd) Approve and authorize the Mayor and City Clerk to execute Amendment No .\nThree to Professional Services Agreement with CSG Consultant, to increase the\ncontract amount by $250,000, not-to-exceed amount of $370,000.\nStaff Report\nAttachment A - JLee Agreement Amendment\nAttachment B - Bureau Veritas Agreement Amendment\nAttachment C - CSG Agreement Amendment\nSeptember 26, 2023

8. Second Amendment to Office Lease with Peregrine Realty Partners, Inc. for\nUse of Suite 650 Located at 1201 Dove Street\na) Find this project is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Section 15301 (Existing facilities) and Section 15302\n(Replacement or Reconstruction) of the CEQA Guidelines, California Code of\nRegulations, Title 14, Chapter 3, because this project has no potential to have a\nsignificant effect on the environment; and\nb) Authorize the City Manager and City Clerk to execute the Second Amendment\nto Office Lease between the City of Newport Beach and Peregrine Realty\nPartners, Inc. for use of City Property, office space Suite 650 located at 1201\nDove Street, in a form substantially similar to the amendment attached to the staff\nreport.\nStaff Report\nAttachment A - Second Amendment\nAttachment B - Lease Agreement and First Amendment

9. Purchase of Phoenix G2 Fire Station Alerting 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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Approve the single source selection and purchase of US Digital Designs, Inc .\nPhoenix G2 Fire Station Alerting Systems for Fire Stations 1, 3, 4, 6, 7, 8 and\nLifeguard Headquarters for a total cost of $322,079.60, and authorize the City’s\nFinance Department to issue the Purchase Order.\nStaff Report\nAttachment A - Quote\nMISCELLANEOUS