Newport Beach — 2023-01-10

IV. CLOSED SESSION - After Study 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 15th\nStreet, Newport Beach California, 92663.\nCity Negotiators: Seimone Jurjis, Community Development Director and Lauren\nWooding Whitlinger, Real Property Administrator.\nNegotiating Parties: Evin D. Planto.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.

10. Approval of Professional Services Agreement with Glenn Lukos Associates,\nInc. (Contract No. 8020-9) for the Superior Avenue Pedestrian/Bicycle Bridge\nand Parking Lot Project (Project No. 15T09)\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 Glenn Lukos Associates, Inc .\nof Santa Ana, California, for Coastal Sage Scrub restoration and monitoring efforts\nrelated to the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project for\na not-to-exceed amount of $176,530, and authorize the Mayor and City Clerk to\nexecute the Agreement.\nStaff Report\nAttachment A - Location Map\nAttachment B - Agreement\nMISCELLANEOUS

11. Planning Commission Agenda for the January 5, 2023 Meeting\nReceive and file.\nPlanning Commission Action Report\nPlanning Commission Agenda\nJanuary 10, 2023

12. Annual Mayor Appointments\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) Confirm Mayor Noah Blom’s appointments under City Council Policy A-2, as\nprovided in the staff report.\nStaff Report\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Resolution No. 2023-1: Updating the List of Designated Employees for 2023\nUnder the City’s Conflict of Interest Code\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. 2023-1, A Resolution of the City Council of the City of\nNewport Beach, California, Updating the Appendix of Designated Employees and\nAppendix of Disclosure Categories of the City of Newport Beach Conflict of Interest\nCode.\nStaff Report\nAttachment A - Resolution No. 2023-1\nAttachment B - Exhibit 1 (redline)\nJanuary 10, 2023

4. Resolution No. 2023-2: Amending City Council Policy E-1: Public Records\nAct Policy\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. 2023-2, A Resolution of the City Council of the City of\nNewport Beach, California, Amending City Council Policy E-1 “Public Records Act\nPolicy” to Comply with Recodification of the California Public Records Act.\nStaff Report\nAttachment A - Resolution No. 2023-2\nAttachment B - Council Policy E-1 (redline)

5. Resolution No. 2023-3: Affirming that the City Council Stands in Solidarity\nwith its Iranian-American Community Members as their Relatives and\nAssociates are Suffering through Current Human Rights Injustices in Iran\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. 2023-3, A Resolution of the City Council of the City of\nNewport Beach, California, Affirming that the City Council Stands in Solidarity with\nits Iranian-American Community Members as their Relatives and Associates are\nSuffering through Current Human Rights Injustices in Iran.\nStaff Report\nAttachment A - Resolution No. 2023-3\nCONTRACTS AND AGREEMENTS

6. City Bridge Deck Maintenance (Project No. 21R13) - Notice of Completion for\nContract No. 7679-2\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 portions\nof the Civil Code; and\nc) Release the Faithful Performance Bond one year after acceptance by the City\nCouncil.\nStaff Report\nAttachment A - Location Maps\nJanuary 10, 2023

7. Gateway Park Improvements - Award of Contract No. 8791-1 (23L01)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Class 2 Section 15302(c) (replacement of existing public facilities\ninvolving negligible or no expansion of capacity) of the CEQA Guidelines, California\nCode of Regulations, Title 14, Chapter 3, because it has no potential to have a\nsignificant effect on the environment;\nb) Approve the project plans and specifications;\nc) Find the bid from Jon Gilmer Construction non-responsive due to lack of\nspecified licensure;\nc) Award Contract No. 8791-1 to Armstrong Cal Builders, Inc. for the bid price of\n$540,233.50 for the Gateway Park Landscape Improvement project, and authorize\nthe Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $54,000 (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

8. Utilities Yard Office Remodel - Award of Contract No. 7908-1 (23F13)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Class 2 Section 15301(a) (minor interior or exterior alterations involving\nsuch things as partitions and plumbing) 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) Relieve OCLA Construction of their bid due to a clerical error;\nd) Award Contract No. 7908-1 to JT Construction Group Inc. for the bid price of\n$370,906 for the Utilities Yard Office Remodel project, and authorize the Mayor and\nCity Clerk to execute the contract; and\ne) Establish a contingency of $55,600 (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\nJanuary 10, 2023

9. Approval of Professional Services Agreement with COAR Design Group\n(Contract No. 8865-1) for Balboa Branch Library and Fire Station No. 1\nReplacement Project (Project No. 23F12)\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 Professional Services Agreement with COAR of San Diego, CA, for\ndesign services of the Balboa Branch Library and Fire Station No. 1 Replacement\nProject for a total not-to-exceed amount of $697,248, and authorize the Mayor and\nCity Clerk to execute the Agreement.\nStaff Report\nAttachment A - Location Map\nAttachment B - Professional Services Agreement