Newport Beach — 2025-09-23

1.\nMinutes for the September 9, 2025, Regular City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10.\nResolution No. 2025-61: Approving a\nNewport Beach Fire Management Association\nSide Letter Agreement with the\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. 2025-61, A Resolution of the City Council of the City of\nNewport Beach, California, Approving a Side Letter of Agreement Between the City\nof Newport Beach and the Newport Beach Fire Management Association Related\nto Residency Requirements and Consecutive Shifts.\nStaff Report\nAttachment A – Resolution No. 2025-61\nAttachment B - Memorandum of Understanding (July 1, 2025 – June 30, 2028)

11.\nResolution No. 2025-62: Authorizing Use of the Official Seal in Partnership\nwith Hoag Memorial Hospital Presbyterian to Wrap a City Fire Department\nAmbulance with Pinktober Wrap in Support of Breast Cancer Awareness\nMonth\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. 2025-62, A Resolution of the City Council of the City of\nNewport Beach, California, Authorizing the Use of the City's Official Seal as Part of\na Collaboration with Hoag Hospital to Wrap a City Fire Department Ambulance\nwith Pinktober Wrap in Support of Breast Cancer Awareness Month.\nStaff Report\nAttachment A - Resolution No. 2025-62

12.\nResolution No.\nNewport Beach Deductions\n2025-63: Approving a Side Letter City Employees Association Related\nAgreement with the to CalPERS Pension\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;\nb) Adopt Resolution No. 2025-63, A Resolution of the City Council of the City of\nNewport Beach, California, Approving A Side Letter of Agreement Between the\nCity of Newport Beach and the Newport Beach City Employees Association\nRelated to CalPERS Pension Deductions, and\nc) Approve Budget Amendment No. 26-027 to appropriate $283,181.03 in\nincreased expenditures to various City division benefit accounts, funded from\nunappropriated balances of the General Fund and the Water Enterprise Fund.\nStaff Report

13.\nProfessional Services Agreement with Planeteria Media LLC for a Redesign\nof the City’s Website, Content Management System and Hosting\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;\nb) Approve the professional services agreement with Planeteria Media LLC of\nSanta Rosa, CA for a redesign of the city’s official websites and hosting services for\nan initial, approximately two-year term, ending October 1, 2027 with three additional\none-year extensions and a total not to exceed amount of $151,300, and authorize the\nMayor and City Clerk to execute the agreement; and\nc) Approve Budget Amendment No. 26-030 appropriating $151,300 in increased\nexpenditures in the IT Replacement Fund, Account No. 7657650-911027-ITCMS\nfrom the IT Replacement Fund’s unappropriated fund balance.\nStaff Report\nAttachment A - Professional Service Agreement\nAttachment B - Budget Amendment No. 26-030

14.\nAward of Lifeguard Rescue Vessel Refurbishment Project\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;\nb) Award the Lifeguard Rescue Vessel Refurbishment Project to South Coast\nShipyard Inc. for the total base bid amount of $466,020, plus Optional Bid Items No.\n1 and No. 2, for a total award amount of $646,020;\nc) Establish a contingency of $46,600 (approximately 10% of the Base Bid amount)\nto cover the cost of any unforeseen work that may be required during the\nrefurbishment process;\nd) Approve an agreement on a form approved by the City Attorney to provide a\ncomplete refurbishment and repower of Sewatch III, including the purchase and\ninstallation of replacement powertrains on Seawatch I and II; and\ne) Authorize the City Manager and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Refurbishment Requirements and Cost File\nAttachment B - Survey of Seawatch III

15.\nProfessional Services Agreements for\nEnvironmental Services with Dudek,\nKimley-Horn and Associates\nOn-Call Professional and Technical\nLSA Associates, Placeworks, and\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;\nb) Approve and authorize the Mayor and City Clerk to execute a three -year\nprofessional services agreement with Dudek, with a not-to-exceed amount of\n$75,000, in a form substantially similar to the agreement attached to the staff report;\nc) Approve and authorize the Mayor and City Clerk to execute a three -year\nprofessional services agreement with LSA Associates, with a not-to-exceed amount\nof $75,000, in a form substantially similar to the agreement attached to the staff\nreport;\nd) Approve and authorize the Mayor and City Clerk to execute a three -year\nprofessional services agreement with Placeworks, with a not-to-exceed amount of\n$75,000, in a form substantially similar to the agreement attached to the staff report;\nand\ne) Approve and authorize the Mayor and City Clerk to execute Amendment One to\nthe professional services agreement with Kimley-Horn and Associates, Inc. to extend\nthe term with a not-to-exceed amount of $120,000, in a form substantially similar to\nthe agreement attached to the staff report.\nStaff Report\nAttachment A - Professional Services Agreement with Dudek\nAttachment B - Professional Services Agreement with LSA\nAttachment C - Professional Services Agreement with PlaceWorks\nAttachment D - Amendment No. One with Kimley-Horn and Associates, Inc.

16.\nRevocable License Agreement with Farm and Craft Market\nTemporary Use of City Property for the Corona del Mar Farmers’ Market\nInc.\nfor\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;\nb) 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\nthan fair market rent promotes the City’s goals to provide essential or unique\nservices to the community, that cannot otherwise be provided if full market rates were\ncharged; and\nc) Authorize the City Manager and City Clerk to execute the Revocable License\nAgreement between the City of Newport Beach and Farm and Craft Market Inc., for\ntemporary use of the City property for the Corona del Mar Community Market, in a\nform substantially similar to the agreement attached to the staff report.\nStaff Report\nAttachment A - Revocable License Agreement\nAttachment B - Staff Report dated April 15, 2025\nAttachment C - Market Site Plan\nAttachment D - City Council Policy F-7

17.\nApproval of Amendment No. One to Maintenance and Repair Services\nAgreement for Landscape Services for Parks and Facilities with Merchants\nLandscape Services, Inc. (Contract No. 8772-1)\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 Amendment No. One to the Maintenance and Repair Services\nAgreement with Merchants Landscape Services, Inc. for Landscape Services for\nParks and Facilities to increase the on-call portion of the contract by $1,300,000 for\na new on-call NTE amount of $4,300,000 and a total NTE amount of $14,450,000\nand authorize the Mayor and City Clerk to sign the amendment.\nStaff Report\nAttachment A - Amendment No. One

18.\nBudget Amendment to Accept a Check from the Friends of the Newport\nBeach Library and Appropriate Funds to the Library’s Fiscal Year 2025-26\nMaintenance and Operation Budget\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 a check in the amount of $250,000 from the Friends of the Newport\nBeach Library and approve Budget Amendment No. 26-025 to increase\nexpenditures by the same amount in Division 0106052.\nStaff Report\nAttachment A - Budget Amendment No. 26-025

19.\nAcceptance of the State of California Office of Traffic Safety Selective Traffic\nEnforcement Program Grant PT26058\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;\nb) Authorize the City Council to accept a $515,000 Selective Traffic Enforcement\nProgram award granted to the Newport Beach Police Department by the State of\nCalifornia, Office of Traffic Safety; and\nc) Approve Budget Amendment No. 26-028 increasing Newport Beach Police\nDepartment revenue estimates and expenditure appropriations by $515,000.\nStaff Report\nAttachment A - Budget Amendment\nAttachment B - OTS Grant Agreement Copy

2.\nReading of Ordinances\nWaive reading in full of all ordinances under consideration and direct the City Clerk\nto read by title only.

20.\nPlanning Commission Action Report and Agenda for the September 18, 2025\nmeeting.\nReceive and file.

21.\nCommunity Development Block Grant Program\nAnnual Performance and Evaluation Report\nCALENDAR, Year 2024-25,\nEXCEPT FOR Consolidated\na) Hold a public hearing to receive comments on the Program Year 2024-25\nCAPER;\nb) Find this activity exempt from the California Environmental Quality Act (CEQA)\npursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably\nforeseeable indirect physical change in the environment) and 15060(c)(3) (the\nactivity is not a project as defined in Section 15378) of the CEQA Guidelines,\nCalifornia Code of Regulations, Title 14, Chapter 3, because it has no potential for\nresulting in physical change to the environment, directly or indirectly;\nc) Approve the Program Year 2024-25 CAPER; and\nd) Authorize the City Manager or her designee to submit the Program Year 2024-25\nCAPER to HUD.\nStaff Report\nAttachment A - Draft Consolidated Annual Performance and Evaluation Report

22.\nRelocation Plan for Tenants at 301 East Balboa Boulevard\na) Hold a public hearing;\nb) Determine this action 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 Section\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 action\nwill not result in a physical change to the environment, directly or indirectly; and\nc) Approve the Relocation Plan for the property at 301 East Balboa Boulevard,\nNewport Beach, California, 92661, dated June 20, 2025, prepared by Overland,\nPacific and Cutler, LLC, a TranSystems company, conforming to the requirements of\nCalifornia Relocation Assistance Law, Government Code Section 7260, et seq.\n(Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted\nby the Department of Housing and Community Development as in Title 25, California\nCode of Regulations Section 6000, et seq., and AB 1482.\nStaff Report\nAttachment A - Relocation Plan\nAttachment B - Map

23.\nInitiation of Zoning Code and Local Coastal Program Amendments Related\nto Smoke Shops, Smoking Lounges, and\nOther Tobacco-Related\nBusinesses and Establishing a Temporary Moratorium of Tobacco Retailer\nBusinesses\na) Determine this action is exempt from environmental review under the California\nEnvironmental Quality Act (CEQA) pursuant to Section 15262, Section 15060(c)(2),\nSection 15060(c)(3), Section 15305, and Section 15061(b)(3) of the CEQA\nGuidelines, California Code of Regulations, Title 14, Division 6, Chapter 3;\nb) Adopt Ordinance No. 2025-31, An Urgency Ordinance of the City Council of the\nCity of Newport Beach, California, Establishing a Temporary Moratorium on the\nEstablishment and Operation of New Tobacco Retailer Businesses and the\nRelocation or Physical Expansion of Existing Tobacco Retailer Businesses, Also\nKnown as Smoke Shops; and\nc) Adopt Resolution No. 2025-64, A Resolution of the City Council of the City of\nNewport Beach, California, Initiating Amendments to Title 20 (Planning and\nZoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport\nBeach Municipal Code Pertaining to Smoke Shops, Smoking Lounges, and Other\nTobacco-Related Businesses (PA2025-0171).\nStaff Report\nAttachment A - Ordinance No. 2025-31: Urgency Ordinance for Moratorium\nAttachment B - Resolution No. 2025-64: Initiation of Amendments

3.\nOrdinance No. 2025-26: Adding Chapter\nDistribution of Flavored Tobacco Products 6.30 Prohibition of\nSale and\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;\nb) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance\nNo. 2025-26, An Ordinance of the City Council of Newport Beach, California,\nAmending Chapter 6.25 (Regulation of Smoking in Public Areas) and Adding\nChapter 6.30 (Prohibition of Sale and Distribution of Flavored Tobacco Products)\nto Title 6 (Health and Sanitation) of the Newport Beach Municipal Code, Relating\nto Smoking and Tobacco Sales and pass to a second reading on October 14,\n2025.\nStaff Report\nOrdinance No. 2025-26

4.\nOrdinance No. 2025-27: Adding Chapter 6.40 Prohibition of Sale, Distribution\nand Use of Nitrous Oxide\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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance\nNo. 2025-27, An Ordinance of the City Council of Newport Beach, California,\nAdding Chapter 6.40 (Prohibition of Sale, Distribution, and Use of Nitrous Oxide)\nto Title 6 (Health and Sanitation) of the Newport Beach Municipal Code, Relating\nto Nitrous Oxide Sales and pass to a second reading on October 14, 2025.\nStaff Report\nAttachment A - Ordinance No. 2025-27

5.\nOrdinance No. 2025-28: Amending Subsection B\nChapter 10.04 to define Possession of an Open Container\nof Section 10.04.010 of\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;\nb) Waive full reading, direct the City Clerk to read by title only, and introduce\nOrdinance No. 2025-28: An Ordinance of the City Council of the City of Newport\nBeach, California, Amending Section 10.04.010 (Drinking in Public) of Chapter\n10.04 (Intoxicating Liquor) of the Newport Beach Municipal Code related to the\nPossession of Alcoholic Beverages and pass to a second reading on October 14,\n2025.\nStaff Report\nAttachment A - Ordinance No. 2025-28\nAttachment B - Redline of Subsection B of Section 10.04.010 of Chapter 10.04 of\nthe Newoprt Beach Municipal Code

6.\nOrdinance No. 2025-29: Adding Section 11.04.085 (Prohibiting the Use of\nElectric Bicycles and similar devices on the Newport Elementary School\nPlayground) and Amending Section 11.04.130 (Exemption) of Chapter 11.04\n(Parks, Park Facilities, and Beaches) 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) 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) Waive full reading, direct the City Clerk to read by title only, and introduce\nOrdinance No. 2025-29, An Ordinance of the City Council of the City of Newport\nBeach, California, Adding Section 11.04.085 (Prohibiting the Use of Electric\nBicycles and Similar Devices on the Newport Elementary School Playground) and\nAmending Section 11.04.130 (Exemption) of Chapter 11.04 (Parks, Park\nFacilities, and Beaches) of the Newport Beach Municipal Code and pass to a\nsecond reading on October 14, 2025.\nStaff Report\nAttachment A - Ordinance No. 2025-29\nAttachment B - Section 11.04.085 and Redline of Section 11.04.130 of Chapter\n11.04 of the NBMC

7.\nOrdinance\nNo.\n2025-30:\nAmending Section 2.12.110 of Chapter 2.12\n(Administrative Departments) of the Newport Beach Municipal Code to\nInclude Education and Enforcement Related Provisions as a Function of the\nRecreation & Senior Services Department\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) Waive full reading, direct the City Clerk to read by title only, and introduce\nOrdinance No. 2025-30: An Ordinance of the City Council of the City of Newport\nBeach, California, Amending Section 2.12.110 of Chapter 2.12 (Administrative\nDepartments) of the Newport Beach Municipal Code to Include Education and\nEnforcement Related Provisions as a Function of the Recreation and Senior\nServices Department and pass to a second reading on October 14, 2025 .\nStaff Report\nAttachment A - Ordinance No. 2025-30\nAttachment B - DOJ CLETS Policies, Practices and Procedures

8.\nOrdinance No. 2025-22: Amending Chapter 10.08 (Use of Public Property and\nInterference with Public Access) of the Newport Beach Municipal Code to\nAdd Provisions Related to the Protection of Pedestrians, Vehicle Traffic and\nLandscaping - Second Reading\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) Conduct second reading and adopt Ordinance No. 2025-22, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Section\n10.08.005 (Definitions) and Adding Section 10.08.012 (Safe Use of Medians) to\nChapter 10.08 (Use of Public Property and Interference with Public Access) to Title\n10 (Offenses and Nuisances) of the Newport Beach Municipal Code, Relating to\nthe Protection of Pedestrians, Vehicle Traffic and Landscaping.\nStaff Report\nAttachment A - Ordinance No. 2025-22

9.\nOrdinance Nos. 2025-23, 2025-24, and 2025-25:\nCalifornia Building Standards Codes with Local\nCalifornia Fire Code with Local Amendments,\nWildland-Urban Interface with Local Amendments\nAdoption of the 2025\nAmendments, the 2025\nand the 2025 California\na) Find this project statutorily exempt from the California Environmental Quality Act\n(CEQA) pursuant to Section 21080.17 of the Public Resource Code and Section\n15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance\nregarding second units to implement the provisions of Sections 65852.1 and\n65852.2 of the Government Code are exempt from the requirements of CEQA;\nb) Conduct second reading and adopt Ordinance No. 2025-23, An Ordinance of\nthe City Council of the City Of Newport Beach, California, Amending Title 15\n(Building And Construction) of the Newport Beach Municipal Code to Adopt\nChapter 1, Division II, of the 2025 Edition of the California Building Code; the 2024\nEdition of the International Property Maintenance Code and Swimming Pool and\nSpa Code; the 2025 Edition of the California Building Code, Residential Code,\nElectrical Code, Mechanical Code, Plumbing Code, Green Building Standards\nCode, Historical Code, Existing Building Code, and Energy Code; and to Amend\nPortions of Chapter 15.50 (Floodplain Management), with Local Amendments;\nc) Conduct second reading and adopt Ordinance No. 2025-24, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Title 9 (Fire\nCode) of the Newport Beach Municipal Code to Adopt the 2025 Edition of the\nCalifornia Fire Code, with Local Amendments; and\nd) Conduct second reading and adopt Ordinance No. 2025-25, An Ordinance of\nthe City Council of the City of Newport Beach, California, Adding Chapter 9.07\n(Wildland Urban Interface Code) to Title 9 of the Newport Beach Municipal Code to\nAdopt the 2025 Edition of the California Wildland Urban Interface Code, with Local\nAmendments.\nStaff Report