Newport Beach — 2025-01-28

City Council

#1 Closed Session
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nProperty: 3848 Campus Drive, Newport Beach, CA 92660 (Assessor Parcel\nNumber 427-151-08).\nCity Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Whitlinger,\nReal Property Administrator.\nNegotiating Parties: John Saunders and Robert McDonald on behalf of 3848\nCampus Drive LP.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\n\nB. CONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 1 matter\nAgency Designated Representatives: Grace K. Leung, City Manager, Barbara\nSalvini, Human Resources Director, and Jonathan Holtzman, Esq., Negotiators.\nEmployee Organizations: Association of Newport Beach Ocean Lifeguards\n(ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach\nEmployees League (NBEL); Newport Beach Firefighters Association (NBFA);\nNewport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard\nManagement Association (NBLMA); Newport Beach Police Association (NBPA);\nNewport Beach Police Management Association (NBPMA); Newport Beach\nProfessional and Technical Employees Association (NBPTEA); and Part Time\nEmployees Association of Newport Beach (PTEANB).\nmay be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
#1 Item
1. Minutes for the January 14, 2025 City Council\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes
#10 Item
10. Approve Professional Services Agreement with Environmental Compliance\nInspection Services Corp. for Grease Control Device Inspection 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 Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Approve the Professional Services Agreement with Environmental Compliance\nInspection Services Corporation for the grease control device inspection program for\na five-year term and a total contract compensation amount of $450,000, and\nauthorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement
#11 Item
11. Purchase of Police Patrol Vehicles\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 the purchase of three Ford Explorer police patrol vehicles from the\nNational Auto Fleet Group of Watsonville using Sourcewell cooperative pricing and\nauthorize the City Manager to execute a purchase order in the amount of\n$173,311.80.\nStaff Report\nAttachment A - Quote\nJanuary 28, 2025
#12 Item
12. Lease Agreement with Basin Marine, Inc. for Use of a Portion of the Real\nProperty and Tidelands at the Balboa Yacht Basin Located at 829 Harbor\nIsland Drive\na) Find this project is exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or\nReconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14,\nChapter 3, because this project has no potential to have a significant effect on the\nenvironment;\nb) Authorize the City Manager and City Clerk to execute the Lease Agreement\nBetween the City of Newport Beach and Basin Marine, Inc. for use of a portion of the\nCity property known as the Balboa Yacht Basin at 829 Harbor Island Drive, in a form\nsubstantially similar to the agreement attached to the staff report; and\nc) Approve a waiver of City Council Policy F-7 - Income and Other Property based\non the findings contained in the staff report and the Agreement, that conducting an\nopen bid process or changing the tenant would result in excessive vacancy, and that\ncharging less than fair market rent promotes the City’s goals to provide essential or\nunique services to the community, that cannot otherwise be provided if full market\nrates were charged, and based on the unique services provided by the tenant.\nStaff Report\nAttachment A - Lease Agreement\nAttachment B - Existing Lease Agreement\nAttachment C - Lease Renewal Request Letter\nAttachment D - City Council Policy F-7\nAttachment E - Appraisal Report
#13 Item
13. License Agreement with The Regents of the University of California for\nOperation of a Coastal Observation System at the Newport Pier\na) Find this project is exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or\nReconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14,\nChapter 3, because this project has no potential to have a significant effect on the\nenvironment;\nb) Authorize the City Manager and City Clerk to execute the License Agreement\nbetween the City of Newport Beach and The Regents of the University of California\nfor operation of a coastal observation system on City property, on the Newport Pier\nlocated at 1 Newport Pier, in a form substantially similar to the amendment attached\nto the staff report; and\nc) Approve a waiver of City Council Policy F-7 - Income and Other Property based\non the findings contained in this staff report and the Agreement, that charging less\nthat fair market rent promotes the City’s goals to provide essential or unique services\nto the public, that cannot otherwise be provided if full market rates were charged.\nStaff Report\nAttachment A - License Agreement\nAttachment B - City Council Policy F-7\nJanuary 28, 2025
#14 Item
14. Planning Commission Agenda for the January 23, 2025 Meeting\nReceive and file.\nPlanning Commission Agenda
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15. Budget Amendment to Accept Grant Funding from the 2025 Hoag Memorial\nHospital Presbyterian Community Benefit Program for the OASIS\nTransportation Program\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) Accept grant funding in the amount of $50,000 from Hoag Memorial Hospital\nPresbyterian Community Benefit Program and approve Budget Amendment No. 25-\n050 to increase revenues by the same amount in 0107033-511045 (OASIS\nTransportation).\nStaff Report\nAttachment A - Grant Award Letter\nAttachment B - Check\nAttachment C - Budget Amendment
#16 Item
16. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the\nCity Council\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) Receive and file the report.\nStaff Report\nAttachment A - Memo\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED\nJanuary 28, 2025
#2 Item
2. Reading of Ordinances\nWaive reading in full of all ordinances under consideration, and direct the City Clerk\nto read by title only.\nRESOLUTION FOR ADOPTION
#3 Item
3. Resolution No. 2025-6: Resolution of Intention to Conduct a Public Hearing\nto Consider Granting Non-Exclusive Commercial Solid Waste and Divertible\nMaterials Handling Franchises to BC Hauling and Demolition, California\nWaste Services LLC, and Tim Greenleaf Engineering\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. 2025-6, A Resolution of the City Council of the City of\nNewport Beach, California, Declaring Its Intention to Conduct a Public Hearing to\nConsider Granting Non-Exclusive Commercial Solid Waste and Divertible\nMaterials Handling Franchises.\nStaff Report\nAttachment A - Resolution No. 2025-6\nAttachment B - Sample Agreement\nCONTRACTS AND AGREEMENTS
#4 Item
4. West Coast Highway Joint Manhole & Valve Adjustments (Project No. 24R09)\n- Notice of Completion for Contract No. 9417-1\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\nJanuary 28, 2025
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5. Central Library Air Handler Replacement - Award of Contract No. 9691-1\n(25F02)\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. 9691-1 to MEP Fusion Inc., for the total bid price of\n$1,199,500 for the Central Library Air Handler Replacement, and authorize the\nMayor and City Clerk to execute the contract; and\nd) Establish a contingency of $180,000 (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 - MEP Fusion Protest Letter\nAttachment C - Seacliff Mechanical Services Protest Letter\nAttachment D - Response to Protest (MEP Fusion)\nAttachment E - Response to Protest (Seacliff Mechanical Services)
#6 Item
6. Bay Crossing Water Transmission Main and Sewer Force Main Rehabilitation\n- Award of Contract No. 8487-3 (16W12)\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 project\nhas no potential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 8487-3 to TE Roberts, Inc. for the total bid price of\n$1,591,138 for the Bay Crossing Water Transmission Main and Sewer Force Main\nRehabilitation project, and authorize the Mayor and City Clerk to execute the\ncontract; and\nd) Establish a contingency of $300,000 (approximately 20% of total bid) to cover the\ncost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nJanuary 28, 2025
#7 Item
7. Approval of Amendment No. Two to Professional Services Agreement with\nCorrpro Companies, Inc. for Cathodic Protection Program, Contract No.\n9483-1 (24W11)\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 project\nhas no potential to have a significant effect on the environment; and\nb) Approve Amendment No. Two to Professional Services Agreement with Corrpro\nCompanies, Inc. (Contract No. 9483-1) for additional design services with an\nincreased not-to-exceed amount of $138,755 for a total not-to-exceed amount of\n$247,610, and authorize the Mayor and City Clerk to execute the amendment.\nStaff Report\nAttachment A - Amendment No. 2
#8 Item
8. Approval of Amendment No. One to Residential Solid Waste Collection &\nRecycling Contract (Contract No. 8823-1) with CR&R Inc. - Addition of 5%\nDe-Escalation Maximum\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) Approval of Amendment No. One to the Residential Solid Waste Collection &\nRecycling Agreement with CR&R Inc. to add a 5% rate de-escalation maximum.\nStaff Report\nAttachment A - Amendment No. One\nJanuary 28, 2025
#9 Item
9. Approval of an On-Call Professional Services Agreement with Partners in\nControl dba Enterprise Automation for SCADA System 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 Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Approve an On-Call Professional Services Agreement with Partners in Control,\nInc., dba Enterprise Automation to provide SCADA System Services for a five-year\nterm and a total contract compensation amount of $1 million, and authorize the\nMayor and City Clerk to execute the Agreement.\nStaff Report\nAttachment A - Agreement