HomeMy WebLinkAbout01 - MinutesFebruary 28, 2023
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
February 14, 2023
I. ROLL CALL - 4:00 p.m.
Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member
Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council
Member Erik Weigand
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. National Mentoring Month Presentation by Big Brothers Big Sisters of Orange
County and the Inland Empire -
Mayor Blom read the proclamation and presented it to Sloane Keane, CEO of Big Brothers Big
Sisters of Orange County and the Inland Empire, who thanked Council for their recognition and
stated that they have served Orange County for over 65 years, with the largest concentration of
mentors being from Newport Beach. '
SS3. Ocean Boulevard Vision Plan
Public Works Director Webb and DepuPublic Works Director Houlihan utilized a presentation
to review the background of the project, recommendations by the Parks, Beaches and Recreation
Commission, and a sign restoration.
Council Member Kleiman thanked Ron Yeo and staff, and received clarification from Public
Works Director Webb and Deputy Public Works Director Houlihan that about 57% of the
properties have encroachment agreements, the paved portions consist of streets, and another
50 feet of public property towards the ocean use encroachment rights, and noted that staff will
look into calls for service and enhanced crossing interfaces.
Council Member Grant thanked staff for including public workshop opportunities.
'Neill noted opportunities to work with the residents, recommended
Mayor Pro Te 'addressing the rail ad ties and the deteriorated fencing caps, and suggested a short, medium,
and long-term maintenance approach.
Council Member Grant relayed that Inspiration Point is historically significant as the site of the
first landscape art installation in Newport Beach and recommended investigating how to
reinvent it.
Mayor Blom expressed support for rehabilitating any open space within the City for the benefit
of residents and visitors.
Public Works Director Webb and Deputy Public Works Director Houlihan noted that staff will
add $60,000 to the budget for landscape enhancement. Mayor Pro Tem O'Neill added that funds
for this purpose had been in the Capital Improvement Program (CIP) budget and were removed
for not being used in the short-term, and in response to his questions, Public Works Director
Webb relayed that this plan and other improvement plans could be combined in the budget and
confirmed that the process, which may take six months, will identify the scope and cost
estimates for other projects before appropriating funds in the CIP or putting funds in the budget
at the time of the contract award.
Volume 65 - Page 487
City of Newport Beach
City Council Meeting
February 14, 2023
Debbie Stevens, President of Corona del Mar Residents Association, relayed that residents
asked during a public outreach that the City protect as much parking as possible, thanked the
Parks, Beaches and Recreation Commission and members of Council who walked with Mr. Yeo,
relayed the response rate to a recent community outreach email from Public Works Director
Webb, and acknowledged that more work is needed to inform residents and gather their input.
Jim Mosher expressed the opinion that City Council Policy L-6 may need to be reviewed
Citywide, expressed concern relative to having the Planning Commission review encroachment
requests, relayed the duties of the Parks, Beaches and Recreation Commission, noted parking
opportunities for encroachments into a public right-of-way, and believed that the Parks, Beaches
and Recreation Commission should have input on how the encroachments are approved.
Ron Yeo thanked Council for moving the plan forward.
Steve Crow expressed safety concerns relative to Ocean Boulevard and, in response to his
question, Deputy Public Works Director Houlihan confir d that staff is reviewing this under
the public safety category.
Keira Kirby, Parks, Beaches and Recreation Commissioner, noted their focus on preserving the
area and safety, and discussed narrow si walks, challenges in crowded areas, and
enhancements to better serve the community.
Karen Carlson expressed concern relative to how the public will be notified about the workshops,
noted her observations on the stairs Lookout Point and Pirates Cove, and discussed
opportunities for landscaping improvements.
1 01
Laura Curran thanked everyone who worked on tKe plan, asked the City to use native plants
that are consist with the local habitat and similar to those used in City parks, and offered to
lead a tour to show the plants. 0
Mayor Blom advise the community that workshops will be posted on the City's website.
Council had a unanimous straw vote to allocate $60,000 in the budget for landscape
enhancement.
III. PUBLIC COMMENTS
Laura Curran welcomed iv -,..,Council Members and their involvement to help end the impacts of
rehabilitation facility issues, noted residential support, asked Council to work with the California
Department of Health Care Services on unclear issues and hire a lobbyist, suggested more assertive
Code Enforcement, and requested the City ask for a State audit of the California Department of Social
Services and California Department of Health Care Services.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed on the Closed Session agenda and read the titles, and reported that
the City Manager, City Attorney, and City Clerk will not be participating in Closed Session
Item IV.A.2 due to potential impact on their finances.
IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 2 matters
1. Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human
Resources Director, and Charles Sakai, Esq.
Volume 65 - Page 488
City of Newport Beach
City Council Meeting
February 14, 2023
Employee Organizations and Unrepresented Employees: Association of Newport Beach
Ocean Lifeguards (ANBOL); Newport Beach Employee League (NBEL); Newport Beach Lifeguard
Management Association (NBLMA); Newport Beach City Employees Association (NBCEA);
Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association
(NBFMA); Newport Beach Police Association (NBPA); Newport Beach Police Management
Association (NBPMA); Part Time Employees Association of Newport Beach (PTEANB); Newport
Beach Professional and Technical Employee Association (NBPTEA), and unrepresented employees
not in positions designated as Key and Management.
2. Agency Designated Representatives: Noah Blom, Mayor, and William O'Neill, Mayor Pro Tem.
Unrepresented Employees: Grace Leung, City Manager, Aaron C. Harp, City Attorney,
Leilani Brown, City Clerk, and unrepresented employees in positions designated as Key and
Management.
V. RECESSED — 4:40 p.m.
VI. RECONVENED AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member
Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council
Member Erik Weigand
VIII. CLOSED SESSION REPORT wr
City Attorney Harp reported that no reptablel act*swere taken.
IX. INVOCATION — Chaplain Kathy Gilbert, Calvary Chapel of Costa Mesa
X. PLEDGE OF ALLEGIANCE — Mayor Blom
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
r
Council Member Kleiman:
• Attended the memorial highway sign dedication for Huntington Beach Officer Nicholas Vella and
invited the community to honor him at the memorial plaque unveiling in Marina Park
Council Member Stapleton:
• Toured the Utilities and Harbor Departments
• Attended the memorial highway sign dedication for Huntington Beach Officer Nicholas Vella, an
event at Sherman Library and Gardens, Theodore Robins Ford's 100th Anniversary celebration with
Mayor Pro Tem O'Neill, the Juvenile Diabetes Research Foundation fundraiser, Speak Up
Newport's Annual Mayor's Dinner, a Balboa Village tour, and the celebration of life for former
Harbor Commissioner Doug West
• Thanked Gary Crisp for hosting 500 Marines during the Super Bowl at the American Legion
Council Member Grant:
• Attended the memorial highway sign dedication for Huntington Beach Officer Nicholas Vella and
announced the memorial to be held at Marina Park, toured the Costa Mesa Bridge Shelter,
participated in the Newport Bay cleanup, and attended Speak Up Newport's Annual Mayor's
Dinner
Volume 65 - Page 489
City of Newport Beach
City Council Meeting
February 14, 2023
Council Member Weigand:
• Announced that he was unanimously appointed by the Orange County City Selection Committee to
serve as the Orange County Parks Commission's Coastal City Representative, toured the Utilities
Department with Council Member Kleiman, attended the memorial service for Tony Shaw with
Mayor Pro Tem O'Neill, and thanked his wife for letting him attend the Council meeting on
Valentine's Day
Council Member Avery:
• Attended the celebration of life for former Harbor Commissioner Doug West
• Displayed a slide from Steve Smith's 104th birthday celebration and relayed his experiences and
background
Mayor Pro Tem O'Neill:
• Announced the upcoming Finance Committee meeting
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher noted the difference between the redline change and the exhibit in the resolution for
Item 5 (Resolution No. 2023-9: Adopting a Revised City Council Policy A-1 (City Council)) and
questioned the intent of the change and wording. Mayor Pro Tem O'11 confirmed that the resolution
version is correct.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCE
1. Minutes for the January 24, 2023 City Council Meeting and January 28, 2023 Planning
Session [I00-20231 4 K
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in fill of all ordinances un er consideration and direct the City Clerk to read by title
only.
ORDINANCES FOR ADOPTION
3. Ordinance No. 2023-1: Zoning Code Amendment to Change the Development Limit
Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-
087) [100-20231
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 - Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, because this project has no potential to have a significant effect on the environment;
and
b) Conduct second reading and adopt Ordinance No. 2023-1, An Ordinance of the City Council of
the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2022-005 to
Change the Development Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum
Dwelling Units (PA2022-087).
4. Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law (PA2021-113)
[I00-20231
a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an
ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2
of the Government Code are exempt from the requirements of CEQA; and
Volume 65 - Page 490
City of Newport Beach
City Council Meeting
February 14, 2023
b) Conduct second reading and adopt Ordinance No. 2023-2, An Ordinance of the City Council of
the City of Newport Beach, California, Adopting Code Amendment No. CA2021-005 Amending
Section 20.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code to Implement
Council Policy K-4 (Reducing the Barriers to the Creation of Housing) and New State Law
Requirements Related to Accessory Dwelling Units (PA2021-113).
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2023-9: Adopting a Revised City Council Policy A-1 (City Council)
[100-2023]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2023-9, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Revised City Council Policy A -I "City Council."
6. Resolution No. 2023-10: Dissolving the Affordable Housing Task Force [241100-2023]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2023-10, A Resolution Qf the City Coui of the City of Newport Beach,
California, Dissolving the Affordable Housing Task Force.
CONTRACTS AND AGREEMENTS
7. Newport Beach Police Station Upstairs Restroo fremodel (Project No. 22F02) — Notice
of Completion for Contract No. 7900-2 [381100-20,
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after Notice of
Completion has been recorded in accoor nce with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
8. Concrete Replacement Prograt Award of Contract No. 8921-1 (23R06) [381100-2023]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no
expansion of use)CEQA Guidelines, because this project has no potential to have a
significant effect on'We environment;
b) Approve a Reimbursement Agreement with Newport -Mesa Unified School District for concrete
improvements adjacent to Corona del Mar High School and Ensign Intermediate School;
c) Approve Budget Amendment No. 23-049 appropriating $102,850 in new revenue and
expenditures from Newport Mesa Unified School District to 13501-980000-23R06;
d) Approve the project plans and specifications;
e) Award Contract No. 8921-1 to Towo Enterprise, Inc. for the bid price of $1,096,200 for the
FY 2022-23 Concrete Replacement Program, and authorize the Mayor and City Clerk to execute
the contract; and
f) Establish a contingency of $110,000 (approximately 10 percent of total bid) to cover the cost of
unforeseen work not included in the original contract.
9. 2022-2023 Citywide Facilities Painting Project — Award of Contract No. 8940-1 (23F02)
[381100-2023]
a) Find this Project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (maintenance of existing facilities involving no expansion or an existing
use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this
project has no potential to have a significant effect on the environment;
Volume 65 - Page 491
City of Newport Beach
City Council Meeting
February 14, 2023
b) Approve the project plans and specifications;
c) Award Contract No. 8940-1 to Tony Painting for the bid price of $377,175 for the 2022-2023
Citywide Facilities Painting Project, and authorize the Mayor and City Clerk to execute the
contract; and
d) Establish a contingency of $56,325 (approximately 15 percent of total bid) to cover the cost of
unforeseen work not included in the original contract.
10. Lower Bay Dredging: Memorandum of Agreement with the US Army Corps of Engineers
for City Contributed Funds to Dredge Non -Federal Channels (C-5018B) [381100-2023]
a) Find that the approval of MOA-2 with USACE is covered by the Final EIR No. ER2021-001
(SCH No. 2109110340) in accordance with the California Environmental Quality Act (CEQA),
and the Environmental Assessment (EA) and Finding of No Significant Impact (FONSI)
prepared by USACE in accordance with the National Environmental Protection Act (NEPA),
and that approval of the MOA-2 with USACE will not result in new or additional significant
effects on the environment;
b) Authorize the Mayor to execute MOA-2 with USAGE relating to Additional Dredging in
connection with the Lower Newport Bay dredging project; and
c) Authorize the City Manager to execute any future agreements concerning the execution of the
Lower Bay Dredging and Confined Aquatic Disposal Construction Project.
11. Approval of Purchase Order for Procurement of Print Materials [I00-2023]
a) Determine this action is exempt from the (California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Authorize the City Manager to approve a pure ase order for the Library to order print materials
through Brodart over the current and next three fiscal years, not to exceed $300,000 annually,
for a total not -to -exceed amount of $1,200,000.
MISCELLANEOUS look W
12. Confirmation of Citizen Appointments to the Finance Committee [241100-2023]
a) Determine this action is exempt�rom the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Confirm Council Member Brad Avery's appointment of Nancy Scarbrough, Council Member
Robyn Grant's appointment of Keith Curry, and Council Member Lauren Kleiman's
appointment of Allen Cashion to serve on the Finance Committee until June 30, 2023.
13. Confirmation of Nominations to Fill the Vacancies on the Planning Commission
[241100-2023]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Confirm the nominations of Brady Barto, David Salene, Debbie Stevens, Ekta Naik, and
Jonathan Langford to fill the two vacancies on the Planning Commission.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Weigand, to approve the
Consent Calendar; and noting the amendments to Item 1.
The motion carried unanimously.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS - None
Volume 65 - Page 492
City of Newport Beach
City Council Meeting
February 14, 2023
XVII. PUBLIC HEARING
14.Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan
Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from
Commercial to Residential [100-20231
Community Development Director Jurjis and Associate Planner Lee utilized a presentation to
display the vicinity map and discuss the background, project request, land use compatibility, project
request rendering, and Coastal Commission staff concerns.
In response to Council Member Stapleton's question, Community Development Director Jurjis
confirmed that the sidewalk work will be at the cost of the applicant and utilized a slide to show the
proposed sidewalk. Council Member Stapleton expressed concern for residents living in a
commercial zone.
Mayor Blom expressed interest in including a disclosure on the Coastal Plan so that prospective
residents are fully aware of the commercial zone, relayed aAWversation with the plaza operator
who thought the new designation would be a better use of the property, and expressed optimism for
the plan.
Mayor Blom opened the public hearing.
Mary Hyatt expressed safety concerns for the new location of the sswalk and requested a copy of
the traffic report.
Jim Mosher believed the legal descriptions need to be amended, questioned using links for
attachments when the item is not large, stated that California Coastal Commission (CCC) staff do
not support approving the land use change, and agreed with the California Coastal Commission that
it is counterintuitive to take away suliportive commercial uses while adding new residents to the
City. go
Hearing no further testimony, Mayor Blom closed the public hearing.
Mayor Pro Tern O'Neill agreed with providing links to large attachments in the agenda packet, but
include the actu(l documents when they are smaller in size.
City Attorney Harp stated thatthelegal descriptions will be checked and replaced if incorrect.
Motion by Mayor Pro Tem O'Neill, seconded by Mayor Blom, to a) find this project exempt
from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3
(New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor
Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on
the environment and that the exceptions to the Class 3 exemption do not apply; b) adopt Resolution
No. 2023-11, A Resolution of the City Council of the City of Newport Beach, California, Approving a
General Plan Amendment to Change the Land Use Category from Neighborhood Commercial (CN)
to Two -Unit Residential (RT) for the Property Located at 3014 Balboa Boulevard (PA2020-060);
c) adopt Resolution No. 2023-12, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-005 to the
California Coastal Commission Amending the Coastal Land Use Plan and Title 21 of the Newport
Beach Municipal Code Land Use and Zoning Designation from Commercial Neighborhood (CN) to
Two -Unit Residential (RT-E) and Setback Map S-2B to Remove a Front Setback for the Property
Located at 3014 Balboa Boulevard (PA2020-060); and d) waive full reading, direct City Clerk to read
by title only, and introduce Ordinance No. 2023-3, An Ordinance of the City Council of the City of
Newport Beach, California, Approving an Amendment to Title 20 of the Newport Beach Municipal
Code to Change the Zoning District from Commercial Neighborhood (CN) to Two -Unit Residential
(R-2) and Amend Setback Map S-2B to Remove a Front Setback for the Property Located at
3014 Balboa Boulevard (PA2020-060), and pass to second reading on February 28, 2023.
Volume 65 - Page 493
City of Newport Beach
City Council Meeting
February 14, 2023
The motion carried unanimously.
XVIII. CURRENT BUSINESS
15. Sculpture Exhibition in Civic Center Park — Phase VIII (C-9181) [381100-20231
Library Services Director Hartson announced that the City Arts Commission approved the
ten sculptures at its January meeting, along with three alternates, for Phase VIII of the Sculpture
Exhibition in Civic Center Park and noted that the sculptures were also voted on by Newport Beach
residents.
Richard Stein, President and CEO of Arts Orange County (Arts OC), and Nicholas Thurkettle,
Program Coordinator for Arts OC, utilized slides to describe the approved sculptures and their
recommended placement in Civic Center Park and highlight the alternate sculptures, and discussed
the judging panel.
Council Member Grant relayed that, as a former Chair of the City Arts Commission, she holds the
sculpture exhibition project dear to her, expressed pride in being part of a community that supports
this kind of art, thanked the City Arts Commissions for their work, the Newport Beach Arts
Foundation for their support, appreciated the community's votes, and complimented the art.
Council Member Stapleton thanked staff, the City Arts Commission, and the Newport Beach Arts
Foundation, and noted his service on the Pacific Art Foundation, the importance of art, and his
appreciation for this effort.
Motion by Council Member Grant, secdnded by Council Member Stapleton, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) approve the 10 sculptures and their
placement and three alternate sculptures within Civic Center Park as selected by the public and
recommended by the C}ty Arts Commission for the temporary sculpture exhibit.
The motion carried unanimously.
16. Resolution No` 2023-13: Resolution of Intention to Reimburse Project Costs from the
Proceeds of the Issuance of Bonds for Assessment District No. 120-2 (West Newport
Heights) and Assessment District No. 124 (Balboa Island — Phase 0) at a Future Date and
Award of Contract No. 7977-2 [381100-20231
Mayor Blom recused himself due to real property interests in the property located at
224 Marine Avenue.
Deputy Public Works Director Houlihan and Assistant City Engineer Sinacori utilized a
presentation to display maps of the Underground Utility Assessment District Nos. 120 and 124,
provide background information and the proposed timeline, and review the recommendations.
In response to Council Member Avery's questions, Deputy Public Works Director Houlihan
confirmed that Underground Utility Assessment District No. 120 is the smallest district, everyone
within the boundary is being assessed, and tying in the other Assessment District allows for
economy of scale. Council Member Avery expressed appreciation for the work done.
Council Member Weigand noted the terms of the construction agreement and expressed concern for
adherence to the timeline and minimal impact to Balboa Island, the bridge, and the North Bay Front
area.
Volume 65 - Page 494
City of Newport Beach
City Council Meeting
February 14, 2023
Mayor Pro Tem O'Neill expressed financial concern for this project, noted the work to reach this
point, and expressed optimism for the finances moving forward.
Wayne Ray expressed appreciation for Council's support and discussed future street improvements
to address safety concerns.
Lee Pearl relayed that the project plan starts the construction about a year ahead of time, Phase 0
was developed in collaboration with staff and project proponents, and there are many benefits. He
thanked staff and Council for letting them create a legacy project for future Balboa Island visitors
and residents.
Terry Janssen, President of the Balboa Island Improvement Association, relayed the plan's history
and thanked Council and staff for their support.
Motion by Council Member Avery, seconded by Council Member Grant, to a) acknowledge
the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2
Section 15302 (d) (conversion of overhead electrical utility distribution lines where the surface is
restored to the condition existing prior to the undergrounding) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it will not have an adverse effect on the
environment; b) approve the project plans and specifications; c) adopt Resolution No. 2023-13,
A Resolution of the City Council of the City of Newport Beach, California, Declaring Its Intention to
Reimburse Project Costs from the Proceeds of the Issuance of Bonds for Assessment District No. 120-
2 and Assessment District No. 124; d) award Contract No. 7977-2 to Hot Line Construction, Inc. for
the bid amount of $5,097,207 for the Underground Utility Assessment District No. 120-2 (West
Newport Heights) and Underground Utility Assessment District No. 124 (Balboa Island — Phase 0)
project, and authorize the Mayor and City Clerk to execute the contract; and e) establish a
contingency of $250,000 (approximately 5 percent of total bid) to cover the cost of unforeseen work
not included in the original contract. ,
With Mayor Blom recusing himself, the motion carried 6-0.
XIX. MOTION FOR RECONSIDERATION — None
XX. ADJOURNMENT — Adjourned at 6:31 p.m. in memory of Pat Naugle.
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
February 9, 2023, at 4:00 p.m.
Leilani I. Brown
City Clerk
Noah Blom
Mayor
Volume 65 - Page 495