Newport Beach — 2024-02-15

IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room\nCONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nA.\nProperty: 883 W. 15th Street, Newport Beach, CA 92660 - APN: 424-011-37.\nCity Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding\nWhitlinger, Real Property Administrator.\nNegotiating Parties: David Bahnsen for Pacifica Christian High School - Orange\nCounty.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.

1. Minutes for the January 23, 2024 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10.\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 and authorize Mayor and City Clerk to execute agreement for a five-year\nterm for Software for Class Registration, Membership, Point of Sale, and Facility\nReservation Services to ActiveNet in the amount of $320,000; and\nc) Approve Budget Amendment No. 24-049 to appropriate $64,000 in increased\nexpenditure appropriations for the annual subscription fee and $120,000 in\nincreased revenue projections from lower transaction fees.\nStaff Report\nAttachment A - Agreement\nAttachment B - Budget Amendment

11. Modifications to 2015 Pierce Aerial Ladder Truck with Pump\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 sole source Purchase Order with Pierce Manufacturing, Inc. for the\nvehicle modifications of Truck 63 for a total cost of $378,205.41, and authorize the\nCity’s Finance Director to issue the Purchase Order; and\nc) Approve Budget Amendment No. 24-050 appropriating $378,205.41 in\nincreased expenditures in Account 7529032-911020 from the General Fund\nbalance.\nStaff Report\nAttachment A - Refurbishment Proposal\nAttachment B - Refurbishment Specification\nAttachment C - Budget Amendment\nProfessional Services Agreement with PATH for Homeless Outreach\nServices

12.\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 PATH for Homeless Outreach\nServices and authorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement

13. Ordinance No. 2024-4: Termination of Development Agreement No. 2008-005\nfor Sober Living by the Sea, Inc. dba Sierra by the Sea, Inc. Zoning and\nPublic Benefit Agreement (PA2008-199)\na) Conduct a public hearing;\nb) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 under Existing Facilities of the CEQA Guidelines. This\nactivity is also covered by the general rule that CEQA applies only to projects that\nhave the potential for causing a significant effect on the environment (Section\n15061(b)(3) of the CEQA Guidelines). It can be seen with certainty that there is no\npossibility that this activity will have a significant effect on the environment, and it is\nnot subject to CEQA; and\nc) Waive full reading, direct the City Clark to read by title only, introduce Ordinance\nNo. 2024-4, An Ordinance of the City Council of the City of Newport Beach,\nCalifornia, Approving the Termination of Development Agreement No. 2008-005\n(Zoning Implementation and Public Benefit Agreement Between the City of\nNewport Beach and Sober Living by the Sea, Inc.) (PA2008-199), and pass to\nsecond reading on February 27, 2024.\nStaff Report\nAttachment A - Ordinance No. 2024-4\nResolution No. 2024-9: Intent to Override Orange County Airport Land Use\nCommission’s Determination of Inconsistency for the Residences at 1400\nBristol Street (PA2022-0296)

14.\na) Conduct a public hearing;\nb) Find that the proposed overriding action is not subject to the California\nEnvironmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will\nnot result in a direct or reasonably foreseeable indirect physical change in the\nenvironment) and 15060(c)(3) (the activity is not a project as defined in Section\n15378) of the CEQA Guidelines because it has no potential for resulting in physical\nchange to the environment, directly or indirectly; and\nc) Adopt Resolution No. 2024-9, A Resolution of the City Council of the City of\nNewport Beach, California, Notifying the Orange County Airport Land Use\nCommission and State Department of Transportation, Aeronautics Program of the\nCity’s Intention to Find that the Residences at 1400 Bristol Project is Consistent\nwith the Purpose of the State Aeronautics Act and Overrule the Orange County\nAirport Land Use Commission’s Determination that the Project is Inconsistent with\nthe 2008 John Wayne Airport Environs Land Use Plan (PA2022-0296).

15.\na) Conduct a public hearing;\nb) Find that the proposed overriding action is not subject to the California\nEnvironmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will\nnot result in a direct or reasonably foreseeable indirect physical change in the\nenvironment) and 15060(c)(3) (the activity is not a project as defined in Section\n15378) of the CEQA Guidelines because it has no potential for resulting in physical\nchange to the environment, directly or indirectly; and\nc) Adopt Resolution No. 2024-10, A Resolution of the City Council of the City of\nNewport Beach, California, Notifying the Orange County Airport Land Use\nCommission and State Department of Transportation, Aeronautics Program of the\nCity's Intention to Find that the Residences at 1401 Quail Project is Consistent with\nthe Purpose of the State Aeronautics Act and Overrule the Orange County Airport\nLand Use Commission's Determination that the Project is Inconsistent with the\n2008 John Wayne Airport Environs Land Use Plan (PA2023-0040).\nStaff Report

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 ADOPTION\nOrdinance Nos. 2024-2 and 2024-3: Approving the Baldwin & Sons Medical\nOffice at 20 Corporate Plaza (PA2022-0158)

3.\na) Find adoption of the ordinances is exempt from environmental review under the\nCalifornia Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3\n(New Construction or Conversions of Small Structures) of the CEQA Guidelines,\nCalifornia Code of Regulations, Title 14, Division 6, Chapter 3, because the Class 3\nexemption includes the conversion of existing small structures from one use to\nanother where only minor modifications are made in the exterior of the structure. The\nexemption also includes additions of up to 10,000 square feet to an office within an\nurbanized area on sites zoned for such use if not using a significant amount of\nhazardous substances, all necessary public services are available, and the\nsurrounding area is not environmentally sensitive;\nb) Conduct second reading and adopt Ordinance No. 2024-2, An Ordinance of the\nCity Council of the City of Newport Beach, California, Approving an Amendment to\nthe Corporate Plaza Planned Community Development Plan (PC-17) for a\nMedical Office Located at 20 Corporate Plaza (PA2022-0158); and\nc) Conduct second reading and adopt Ordinance No. 2024-3, An Ordinance of the\nCity Council of the City of Newport Beach, California, Approving a Development\nAgreement for a Medical Office Located at 20 Corporate Plaza (PA2022-0158).\nStaff Report\nAttachment A - Ordinance No. 2024-2\nAttachment B - Ordinance No. 2024-3\nRESOLUTION FOR ADOPTION\nResolution No. 2024-8: Resolution of Intention to Disestablish the Newport\nBeach Tourism Business Improvement District and Fixing the Time and\nPlace of a Public Hearing

4.\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. 2024-8, A Resolution of the City Council of the City of\nNewport Beach, California, Declaring its Intention to Disestablish the Newport\nBeach Tourism Business Improvement District and Fixing the Time and Place of a\nPublic Hearing.\nStaff Report\nAttachment A - NBTBID Resolution\nAttachment B - Resolution No. 2024-8\nCONTRACTS AND AGREEMENTS\nSlurry Seal Program (FY 2022-23 and FY 2023-24) - Award of Contract No.\n9380-1 (24R04)

5.\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. 9380-1 to Roy Allan Slurry Seal, Inc. for the total bid price of\n$2,529,419 for the Slurry Seal Program (FY 2022-23 and FY 2023-24), and\nauthorize the Mayor and City Clerk to execute the contract;\nd) Establish a contingency of $253,000 (approximately 10% of total bid) to cover the\ncost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map

6.\na) Acknowledge the project is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Class 2 Section 15302 (d) (conversion of overhead electrical\nutility distribution lines where the surface is restored to the condition existing prior to\nthe undergrounding) of the CEQA Guidelines, California Code of Regulations, Title\n14, Chapter 3, because it will not have an adverse effect on the environment; and\nb) Approve Amendment No. Four to the Professional Services Agreement with\nNV5, Inc., for construction support services for Assessment District 124 Phase 1 for\nan additional not-to-exceed amount of $272,190 for a total not-to-exceed amount of\n$567,847, and authorize the Mayor and City Clerk to execute the amendment.\nStaff Report\nAttachment A - Location and Phasing Map\nAttachment B - Amendment No. Four\nApproval of an On-Call Maintenance and Repair Services Agreement with Cal\nBuilding Systems, Inc. for Fire Systems Maintenance, Repair, and Inspection\nServices

7.\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 Services agreement with Cal Building\nSystems, Inc for fire systems maintenance, repair, and inspections for a five-year\nterm and a total not-to-exceed amount of $335,000, and authorize the Mayor and\nCity Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement\nApproval of Professional Services Agreement with Moffat & Nichol for\nNewport Harbor Seawall Replacement / Rehabilitation Design

8.\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 design\nservices of the Newport Harbor Seawall Replacement / Rehabilitation Project for a\ntotal not-to-exceed amount of $448,803, and authorize the Mayor and City Clerk to\nexecute the Agreement.\nStaff Report\nAttachment A - Location Map\nAttachment B - Agreement

9.\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301(a), Class 1 (Interior or exterior alterations involving such\nthings as interior partitions, plumbing, and electrical conveyances) of the CEQA\nGuidelines, because this project has no potential to have a significant effect on the\nenvironment;\nb) Approve the project plans and specifications;\nc) Relieve Innovative Engineering Systems, dba Agilitech of its bid due to a clerical\nerror;\nd) Award Contract No. 9009-2 to SacTown Contractors Corporation for the total bid\nprice of $365,795 for the OASIS Senior Center Site Lighting project, and authorize\nthe Mayor and City Clerk to execute the contract; and\ne) Establish a contingency of $54,205 (approximately 15% of total bid) to cover the\ncost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nAttachment B - Agilitech Bid Withdrawal Letter\nRecreation and Senior Services Management Software System for Class\nRegistration, Membership, Point of Sale, and Facility Reservation Services