Newport Beach — 2025-09-08

1. Cindy Flores, et al. v. City of Laguna Beach, et al.\nUnited States District Court Case No. 8:24-cv-01898-JVS-JDE\nCONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nB.\n1. Property: 9080 Talbert Ave., Fountain Valley, California 92708 - APN: 157-\n132-38.\nCity Negotiators: Seimone Jurjis, Assistant City Manager Mark Vukojevic,\nUtilities Director, and Lauren Whitlinger, Real Property Administrator.\nNegotiating Parties: Dr. James C. Chiu on behalf of CJJ Property, LLC.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms\nof payment.\nXXIII. CLOSED SESSION REPORT

10.\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project.\nSeptember 9, 2025\nStaff Report\nAttachment A - Location Map\nBalboa Peninsula Water Main Replacement, East Irvine Terrace Water Main\nReplacement & Shorecliff Community Water System Improvements - Phase\n2 - Award of Contract No. 9835-1 (26W12)

11.\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\nproject has no potential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 9835-1 to T.E. Roberts, Inc. for the total bid price of\n$6,741,473 for the Balboa Peninsula Water Main Replacement, East Irvine\nTerrace Water Main Replacement & Shorecliff Community Water System\nImprovements - Phase 2 project, and authorize the Mayor and City Clerk to\nexecute the contract; and\nd) Establish a contingency of $1,350,000 (approximately 20% of total bid) to\ncover the cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Maps\nBalboa Island Water Main Replacement – Phase 3 & Shorecliff Community\nWater System Improvements - Notice of Completion for Contract No. 7173-3

12.\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project.\nStaff Report\nAttachment A - Location Maps\nRequest to Waive City Council Policy G-6 for Alternate Palm and Tree\nSpecies at the Sherman Library and Gardens (2647 East Coast Highway)

13.\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 waiver of City Council Policy G-6 - Maintenance and Planting of\nParkway Trees for alternate palm and tree species in the City rights-of-way at\nSherman Gardens (2647 East Coast Highway).\nStaff Report\nApproval of On-Call Service Agreements for Streetlight Electrical Repair\nServices with Yunex LLC and Bear Electrical Solutions LLC

14.\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 On-Call Maintenance and Repair Services Agreement with Yunex\nLLC for a term of five years and a total contract compensation amount of \nSeptember 9, 2025\n$1,500,000, and authorize the Mayor and City Clerk to execute the agreement;\nand\nc) Approve On-Call Maintenance and Repair Services Agreement with Bear\nElectrical Solutions LLC for a term of five years and a total contract compensation\namount of $1,000,000, and authorize the Mayor and City Clerk to execute the\nagreement.\nStaff Report\nAttachment A – Agreement with Yunex LLC\nAttachment B – Agreement with Bear Electrical Solutions LLC\nLicense Agreement with University of Southern California for Operation of a\nCoastal Observation System at the Newport Pier

15.\na) Find this project is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Section 15301 (Existing facilities) and Section 15302\n(Replacement or Reconstruction) 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) Authorize the City Manager and City Clerk to execute the License Agreement\nbetween the City of Newport Beach and University of Southern California for\noperation of a coastal observation system on City of Newport Beach property, on\nthe Newport Pier located at 1 Newport Pier, in a form substantially similar to the\namendment attached to the staff report; and\nc) Approve a waiver of City Council Policy F-7 - Income and Other Property\nbased on the findings contained in this staff report and the Agreement that\ncharging less that fair market rent promotes the City’s goals to provide essential\nor unique services to the public that cannot otherwise be provided if full market\nrates were charged.\nStaff Report\nAttachment A - License Agreement\nAttachment B - Previous License Agreement\nAttachment C - City Council Policy F-7\nRevocable License Agreement with Sprouts of Promise Foundation for\nTemporary Use of City Property for a Certified Farmers’ Market at McFadden\nSquare and Newport Pier

16.\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) Authorize the City Manager and City Clerk to execute the Revocable License\nAgreement between the City of Newport Beach and Sprouts of Promise\nFoundation for Temporary Use of the City Property for the Certified Farmers’\nMarket at McFadden Square and Newport Pier in a form substantially similar to\nthe agreement attached to the staff report; and\nc) Approve a waiver of City Council Policy F-7 - Income and Other Property\nbased on the findings contained in this staff report and the Agreement that\ncharging less than fair market rent promotes the City’s goals to provide essential\nor unique services to the community that cannot otherwise be provided if full \nSeptember 9, 2025\nmarket rates were charged.\nStaff Report\nAttachment A - Revocable License Agreement\nAttachment B - Market Site Plan\nAttachment C - City Council Policy F-7\nXV. MISCELLANEOUS\nBudget Amendment to Accept a Check from the Newport Beach Public\nLibrary Foundation and Appropriate the Funds to the Library’s Fiscal Year\n2025-26 Maintenance and Operation Budget

17.\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) Accept a check in the amount of $40,000 from the Newport Beach Public\nLibrary Foundation and approve Budget Amendment No. 26-023 to increase\nrevenues and expenditures by the same amount in Division 0106051\n(Foundation).\nStaff Report\nAttachment A - Budget Amendment 26-023\nCity Hall and Limited Off-Site Holiday Closure (Beginning Wednesday,\nDecember 24, 2025, through Sunday, January 4, 2026)

18.\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 closing City Hall and providing limited services at certain off-site\nfacilities from Wednesday, December 24, 2025, through Sunday, January 4,\n2026.\nStaff Report\nAttachment A - Proposed Hours of Operation for City Facilities\nGeneral Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the\nCity Council

19.\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) Receive and file the report.\nStaff Report\nAttachment A - Memo to the City Council

2. Reading of Ordinances\nWaive reading in full of all ordinances under consideration and direct the City\nClerk to read by title only.\nXI. ORDINANCE FOR INTRODUCTION\nOrdinance No. 2025-22: Amending Chapter 10.08 (Use of Public Property\nand Interference with Public Access) of the Newport Beach Municipal Code\nto Add Provisions Related to the Protection of Pedestrians, Vehicle Traffic\nand Landscaping

20. Planning Commission Action Report and Agenda for the September 4, 2025\nReceive and file.\nSeptember 9, 2025\nPC Action Report\nPC Agenda

21.\na) Conduct a public hearing;\nb) Find the proposed actions are not subject to the California Environmental\nQuality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) and 15378\nof the CEQA Guidelines, because the code adoption and amendment will not\nresult in a physical change to the environment, directly or indirectly;\nc) Adopt Resolution No. 2025-58, A Resolution of the City Council of the City of\nNewport Beach, California, Setting Forth Findings Based on Local Conditions\nwithin the City of Newport Beach Which Make Certain Modifications and Changes\nto the International Property Maintenance Code, the California Building Code, the\nCalifornia Residential Code, the California Electrical Code, the California\nMechanical Code, the California Plumbing Code and the International Swimming\nPool and Spa Code as Reasonably Necessary Because of Local Climatic,\nGeographic, or Topographic Conditions;\nd) Waive full reading, direct the City Clerk to read by title only, introduce\nOrdinance No. 2025-23, An Ordinance of the City Council of the City Of Newport\nBeach, California, Amending Title 15 (Building and Construction) of the Newport\nBeach Municipal Code to Adopt Chapter 1, Division II, of the 2025 Edition of the\nCalifornia Building Code; the 2024 Edition of the International Property\nMaintenance Code and Swimming Pool and Spa Code; the 2025 Edition of the\nCalifornia Building Code, Residential Code, Electrical Code, Mechanical Code,\nPlumbing Code, Green Building Standards Code, Historical Code, Existing\nBuilding Code, and Energy Code; and to Amend Portions of Chapter 15.50\n(Floodplain Management), with Local Amendments, and pass to second reading\non September 23, 2025;\ne) Adopt Resolution No. 2025-59, A Resolution of the City Council of the City of\nNewport Beach, California, Setting Forth Findings Based on Local Conditions\nWithin the City of Newport Beach Which Make Certain Modifications and\nChanges to the 2025 Edition of the California Fire Code and 2025 Edition of the\nCalifornia Wildland Urban Interface Code and as Reasonably Necessary Because\nof Local Climatic Geographic, or Topographic Conditions;\nf) Waive full reading, direct the City Clerk to read by title only, introduce \nSeptember 9, 2025\nOrdinance No. 2025-24, An Ordinance of the City Council of the City of Newport\nBeach, California, Amending Title 9 (Fire Code) of the Newport Beach Municipal\nCode to Adopt the 2025 Edition of the California Fire Code, with Local\nAmendments, and pass to second reading on September 23, 2025; and\ng) Waive full reading, direct the City Clerk to read by title only, introduce\nOrdinance No. 2025-25, An Ordinance of the City Council of the City Of Newport\nBeach, California, Adding Chapter 9.07 (Wildland Urban Interface Code) to Title 9\nof the Newport Beach Municipal Code to Adopt the 2025 Edition of the California\nWildland Urban Interface Code, with Local Amendments, and pass to second\nreading on September 23, 2025.\nStaff Report\nAttachment A - Resolution No. 2025-58 Adopting Findings to the Amendments\nto the CA Building Standards Code and Other Related Codes\nAttachment B - Ordinance No. 2025-23 Adopting the CA Building Standards\nCode and Other Related Codes\nAttachment C - Redline Version California Building Standards Code\nAmendments\nAttachment D - Resolution No. 2025-59 Adopting Findings to Amendment to the\nCalifornia Fire Code\nAttachment E - Ordinance No. 2025-24 Adopting the California Fire Code\nAttachment F - Ordinance 2025-25 Adopting the California Wildland-Urban\nInterface Code\nAttachment G - Redline of California Fire Code Amendments\nAttachment H - Map of Local Responsibility Area Fire Hazard Severity Zones\nResolution No. 2025-60: Notice of Intent to Override Orange County Airport\nLand Use Commission’s Determination of Inconsistency for the Snug\nHarbor Surf Park Project at 3100 Irvine Avenue (PA2024-0069)

22.\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\nwill not 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\nphysical change to the environment, directly or indirectly; and\nc) Adopt Resolution No. 2025-60, A Resolution of the City Council of the City of\nNewport Beach, California, Notifying the Orange County Airport Land Use\nCommission (ALUC) and State Department of Transportation, Aeronautics\nProgram of the City's Intention to Find that the Surf Park Project located at 3100\nIrvine Avenue is Consistent with the Purposes of the State Aeronautics Act and\nOverrule ALUC’s Determination that the Project is Inconsistent with the 2008\nJohn Wayne Airport Environs Land Use Plan (PA2024-0069).\nStaff Report\nAttachment A - Resolution No. 2025-60\nAttachment B - ALUC Staff Report dated August 7, 2025\nAttachment C - ALUC Determination Letter, dated August 11, 2025\nAttachment D - City's ALUC submittal\nSeptember 9, 2025

23.\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) Conduct second reading and adopt Ordinance No. 2025-21, An Ordinance of\nthe City Council of the City of Newport Beach, California, Authorizing an\nAmendment to the Contract Between the City Council of the City of Newport\nBeach and the Board of Administration of the California Public Employees’\nRetirement System.\nStaff Report\nAttachment A - Ordinance No. 2025-21

24. Five Citizen-Member Appointments to the Aviation Committee\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) Formally vote and appoint five citizen-members from the nominees listed\nbelow:\n1 Kurt Belcher\n2 Cassie Bretschger\n3 Jeffrey Cole\n4 Ryan Dougherty\n5 Barbara Lichman\n6 Nicholas Prytherch\n7 Michael Radigan\n8 Timothy Strader, Jr.\n9 John “Jack” Stranberg\n10 Mary-Christine (MC) Sungaila; and\nc) Determine the terms, beginning July 1, 2025, of the five appointed Aviation\nCommittee members as follows:\nd) Two citizen appointed members shall have an initial term of two years and\nshall be eligible for reappointment for two additional four-year terms; and,\ne) Up to three citizen appointed members shall have an initial term of four years\nand shall be eligible for appointments to one additional four-year term.\nStaff Report\nAttachment A - Resolution No. 2025-31\nAttachment B - Nominated Applicant Applications

3.\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) Waive full reading, direct the City Clerk to read by title only, introduce\nOrdinance No. 2025-22, An Ordinance of the City Council of the City of Newport\nBeach, California, Amending Section 10.08.005 (Definitions) and Adding Section\n10.08.012 (Safe Use of Medians) to Chapter 10.08 (Use of Public Property and\nInterference with Public Access) to Title 10 (Offenses and Nuisances) of the\nNewport Beach Municipal Code, Relating to the Protection of Pedestrians,\nVehicle Traffic and Landscaping, and pass to second reading on September 23,\n2025.\nStaff Report\nAttachment A - Ordinance No. 2025-22

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\nGuidelines because this action will not result in a physical change to the \nSeptember 9, 2025\nenvironment, directly or indirectly; and\nb) Conduct a second reading and adopt Ordinance No. 2025-19: An Ordinance\nof the City Council of the City of Newport Beach, California, Adding Section\n11.12.140 (Climbing on Railings of Public Property) and Amending Section\n11.12.150 (Diving or Jumping from Public Property) of Chapter 11.12 (Swimming\nRegulations) to Title 11 (Recreational Activities) of the Newport Beach Municipal\nCode, Relating to Restrictions on Diving, Jumping and Climbing on Public\nProperty Adjacent to Waterways.\nStaff Report\nAttachment A - Ordinance No. 2025-19\nOrdinance No. 2025-20: Amending Title 20 (Planning and Zoning) of the\nNewport Beach Municipal Code Updating ADU and JADU Standards\n(PA2025-0093)

5.\na) Find the adoption of this ordinance is exempt from the California\nEnvironmental Quality Act (CEQA) pursuant to Public Resources Code Section\n21080.17 and Section 15282(h) of the CEQA Guidelines, which states that the\nadoption of an ordinance regarding second units to implement the provisions of\nSections 66310 through 66342 of the Government Code are exempt from the\nrequirements of CEQA; and\nb) Conduct second reading and adopt Ordinance No. 2025-20, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Section\n20.48.200 (Accessory Dwelling Units) of the City of Newport Beach Municipal\nCode Related to Accessory Dwelling Units and Junior Accessory Dwelling Units\n(PA2025-0093).\nStaff Report\nAttachment A - Ordinance No. 2025-20\nXIII. RESOLUTIONS FOR ADOPTION\nResolution No. 2025-56: Supporting Submission of a Revised Grant\nApplication Under the Orange County Transportation Authority Measure M2\nProject V Program for Local Transit Services

6.\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) Adopt Resolution No. 2025-56: A Resolution of the City Council of the City of\nNewport Beach, California, Authorizing and Approving submittal of a Revised\nFunding Application to the Orange County Transportation Authority for Funding\nUnder the Project V Community-Based Transit/Circulators Program.\nStaff Report\nAttachment A - Resolution No. 2025-56

7. Resolution No. 2025-57: Opposing Proposition 50 and Enabling Legislation\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 \nSeptember 9, 2025\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Adopt Resolution No. 2025-57, A Resolution of the City Council of the City of\nNewport Beach, Opposing Proposition 50 and Enabling Legislation.\nStaff Report\nAttachment A- Resolution No. 2025-57

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\nGuidelines because this action will not result in a physical change to the\nenvironment, directly or indirectly; and\nb) Approve Amendment No. One to the professional services agreement with\nKreuzer Consulting Group for Engineering and Right-of-Way Services for the Old\nNewport Boulevard and West Coast Highway Modifications project to increase the\nagreement amount by $286,059 for a total not-to-exceed amount of $306,655,\nand authorize the Mayor and City Clerk to execute the amendment.\nStaff Report\nAttachment A - Location Map\nAttachment B - Amendment No. One\nAmendment No. Two to Professional Services Agreement with Flock Group,\nInc. for Flock ALPR System

9.\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 Amendment No. Two to the Professional Services Agreement with\nFlock Group, Inc, of Atlanta, Georgia to extend the term of the agreement to\ncoincide with the execution date, for the addition of four ALPR units and to\nincrease data retention from 30 days to one year at a cost of $144,800 for a total\nnot-to-exceed amount of $1,618,100 and authorize the Mayor and City Clerk to\nexecute the Amendment; and\nc) Approve Budget Amendment No. 26-024 appropriating $15,200 in increased\nexpenditures in Account No. 01035355-811008 from the unappropriated General\nFund balance.\nStaff Report\nAttachment A - Amendment No. Two\nAttachment B - Budget Amendment No. 26-024\nStreet Pavement Repair Program Fiscal Year 2024-25 - Notice of Completion\nfor Contract No. 9716-1 (25R06)

Ordinance 2025-19: Amending Title 11 (Recreational Activities) of the\nNewport Beach Municipal Code Related to the Prohibition of Climbing on\nRailings of Public Property and Amending Title 11 (Recreational Activities)\nRelated to Swimming Regulations and Restrictions on Diving, Jumping and\nClimbing on Public Property Adjacent to Waterways\n\nOrdinance Nos. 2025-23, 2025-24,and 2025-25: Adoption of the 2025\nCalifornia Building Standards Codes with Local Amendments, the 2025\nCalifornia Fire Code with Local Amendments, and the 2025 California\nWildland-Urban Interface with Local Amendments