Newport Beach — 2024-10-08

1. Minutes for the September 24, 2024 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10. Amended Measure M2 Eligibility Submittal\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 Budget Amendment No. 25-023 appropriating $56,000 in new\nrevenue and expenditures from Measure M Competitive Grant Funds to Account\nNo. 1230052-980000-24X02;\nc) Adopt the Amended Measure M2 Seven-Year Capital Improvement Program;\nand\nd) Direct staff to submit the amended materials to OCTA.\nStaff Report\nAttachment A - Amended Measure M2 CIP\nAttachment B - Budget Amendment\nOctober 8, 2024

11. Purchase of Four Model Year 2028 Pierce Manufacturing, Inc. Fire Engines\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 selection and purchase of four 2028 or newer model year Pierce\nType 1 1500 GPM Triple Combination Pumping Engines mounted on Pierce\nEnforcer custom chassis, using cooperative selection and pricing under\nSourcewell Contract #113021-OKC;\nc) Approve a Purchase Agreement with South Coast Fire Equipment, Inc. for the\npurchase of four 2028 or newer model year Pierce Type 1 1500 GPM Triple\nCombination Pumping Engines mounted on Pierce Enforcer custom chassis for a\ndiscounted pre-paid price of $4,896,626.91;\nd) Authorize the City’s Finance Director to issue a Purchase Order to South\nCoast Fire Equipment, Inc. for the discounted rate of $4,896,626.91 and process\npayment within 15 days of issuance;\ne) Authorize the City Manager to approve a contingency amount not -to-exceed\n$244,832 (approximately 5% of the discounted purchase total) for change orders\nin excess of the pre-paid price of $4,896,626.91, if the need arises; and\nf) Approve Budget Amendment No. 25-021 appropriating $5,141,458.91 in\nincreased expenditures in the vehicle replacement fund, Account No. 7529032-\n911016 from the Equipment Internal Service Fund (752) reserve.\nStaff Report\nAttachment A - Proposal\nAttachment B - Sourcewell Contract\nAttachment C - Sourcewell Dealer List\nAttachment D - Purchase Agreement\nAttachment E - Budget Amendment

12. Approval of Services Agreement with Mueller Solutions LLC for Sentryx\nSoftware and Extended Warranty for Repeaters and Collectors\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 a Services Agreement with Mueller Solutions, LLC for Sentryx\nsoftware and extended warranty for repeaters and collectors for a five -year\ncontract term and a total amount of $350,000, and authorize the Mayor and City\nClerk to execute the Agreement.\nStaff Report\nAttachment A - Agreement\nOctober 8, 2024

13. Amendment No. One to Option to Ground Lease Agreement with Balboa Fun\nZone Realty Investments LLC for Use of Palm Street Parking Lot Located at\n200 Palm Street\na) Find this project is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA\nGuidelines, because this action is not a project, Section 15301 (Existing facilities),\nand Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines,\nCalifornia Code of Regulations, Title 14, Chapter 3, because this approval\nauthorizes an extension to the option to lease to extend the timeframe for lease\nnegotiations but does not authorize a specific project or project scope and\ntherefore has no potential to have a significant effect on the environment; and\nb) Authorize the City Manager and City Clerk to execute Amendment No. One to\nOption to Ground Lease Agreement By and Between the City of Newport Beach\nand Balboa Fun Zone Realty Investments LLC in a form substantially similar to\nthe amendment attached to the staff report.\nStaff Report\nAttachment A - Amendment One to Option to Ground Lease Agreement\nAttachment B - Option to Ground Lease Agreement and Consent to Assignment

14. Temporary Staffing Services - Approval of Professional Services Agreement\nwith Temporary Staffing Professionals and The Intersect Group\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 Professional Services Agreement with Temporary Staffing\nProfessionals for temporary staffing services for a term of three years with an\noption to extend for two additional one-year renewals for a total amount not to\nexceed $2,000,000;\nc) Approve a Professional Services Agreement with The Intersect Group for a\nterm of three years with an option to extend for two additional one -year renewals\nfor a total amount not-to-exceed $500,000; and\nd) Authorize the Mayor and City Clerk to execute the Agreements.\nStaff Report\nAttachment A - Temporary Staffing Professionals Agreement\nAttachment B - The Intersect Group Agreement\nOctober 8, 2024\nMISCELLANEOUS

15. Planning Commission Agenda for the October 3, 2024 Meeting\nReceive and file.\nAction Report & Tentative Schedule\nPlanning Commission Agenda\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

2. Reading of Ordinances\nWaive reading in full of all ordinances under consideration, and direct the City\nClerk to read by title only.\nORDINANCE FOR INTRODUCTION

3. Ordinance No. 2024-23: Amending Chapters 5.95 (Short-Term Lodging\nPermit) and 15.02 (Administrative Code Related to Construction &\nDemolition Waste Permits) of the Newport Beach Municipal Code\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or\nreasonably foreseeable indirect physical change in the environment) and\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\naction will not result in a physical change to the environment, directly or indirectly;\nand\nb) Waive full reading, direct the City Clerk to read by title only, introduce\nOrdinance No. 2024-23, An Ordinance of the City Council of the City of Newport\nBeach, California, Amending Section 5.95.043 (Transfer of Permit), and Section\n5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short Term Lodging\nPermit) and Section 15.02.085 (Addition of Section 105.3.1.1) of Chapter 15.02\n(Administrative Code) of the Newport Beach Municipal Code, to Update\nAdministrative Procedures Related to the Extension of Deadlines and the\nHandling of Deposits and Fees, and pass to second reading on October 22, 2024.\nStaff Report\nAttachment A - Ordinance No. 2024-23\nAttachment B - NBMC Chapter 5.95 (redlines)\nAttachment C - NBMC Chapter 15.02 (redlilnes)\nOctober 8, 2024\nORDINANCE FOR ADOPTION

4. Ordinance No. 2024-22: LCP Amendment Related to Nonconforming Uses\nand Structures (PA2022-076)\na) Find this amendment exempt pursuant to California Environmental Quality Act\n(CEQA) Guidelines Section 15060(c)(2), 15060(c)(3), 15061(b)(3), and Section\n15265(a)(1), because it has no potential to have a significant effect on the\nenvironment and local governments are exempt from the requirements of CEQA\nin connection with the adoption of a Local Coastal Program; and\nb) Conduct second reading and adopt Ordinance No. 2024-22, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Sections\n21.18.030 (Residential Zoning Districts General Development Standards),\n21.38.040 (Nonconforming Structures), and 21.38.050 (Nonconforming Uses) of\nTitle 21 (Local Coastal Program Implementation Plan) of the Newport Beach\nMunicipal Code to Conform with State Law and Correct Errors Related to\nSetbacks (PA2022-076).\nStaff Report\nAttachment A - Ordinance No. 2024-22\nRESOLUTION FOR ADOPTION

5. Resolution No. 2024-74: Approval of the 2023 Urban Areas Security Initiative\nGrant Program Transfer Agreement\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. 2024-74, A Resolution of the City Council of the City of\nNewport Beach, California, Approving the Agreement for Transfer or Purchase of\nEquipment/Services or for Reimbursement of Training Costs for Fiscal Year 2023\nUrban Areas Security Initiative (UASI) between the City of Santa Ana and the City\nof Newport Beach; and\nc) Authorize the City Manager to sign the agreement.\nStaff Report\nAttachment A - Resolution No. 2024-74 and Agreement\nOctober 8, 2024\nCONTRACTS AND AGREEMENTS

6. Newport Beach Junior Lifeguard Building Project - Notice of Completion for\nContract No. 7524-2 (19F13)\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project.\nStaff Report\nAttachment A - Location Map

7. San Miguel Park Accessible Playground Improvements - Award of Contract\nNo. 9371-1 (24P01)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 Class 1 (maintenance of existing facilities involving no\nexpansion or an existing use) 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;\nb) Approve the project plans and specifications;\nc) Approve Budget Amendment No. 25BA-022 appropriating $607,680 in new\nexpenditures from the Community Development Block Grant (CDBG) to Account\nNo. 12001-980000-24P01;\nd) Declare the bid submitted by A 2 Z Construct, Inc. (A2Z) of Rancho Santa\nMargarita as non-responsive;\ne) Award Contract No. 9371-1 to R.E. Schultz for the total bid price of $819,475,\nand authorize the Mayor and City Clerk to execute the contract; and\nf) Establish a contingency of $82,000 (approximately 10% of total bid) to cover\nthe cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nAttachment B - Budget Amendment\nOctober 8, 2024

8. Utilities Locker Room Maintenance - Award of Contract No. 9501-1 (25F03)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (Existing Facilities) 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. 9501-1 to American Construction Company LLC, for the\ntotal bid price of $232,500, and authorize the Mayor and City Clerk to execute the\ncontract; and\nd) Establish a contingency of $35,000 (approximately 15% of total bid) to cover\nthe cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nAttachment B - Protest Letter\nAttachment C - Protest Letter Response

9. Police Department Parking Lot Maintenance Project - Reject All Bids for\nContract No. 7901-1 (25F02)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant 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\nor indirectly;\nb) Reject all bids received for Contract No. 7901-1; and\nc) Direct staff to re-advertise the Police Department Parking Lot Maintenance\nproject.\nStaff Report\nAttachment A - Location Map