Newport Beach — 2025-10-28

CLOSED SESSION - Council Chambers Conference Room\nA.\nCONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 1 matter.\nAgency Designated Representative: Seimone Jurjis, Assistant City Manager and\nJonathan Holtzman, Esq., Negotiators.\nEmployee Organization: Newport Beach City Employees Association.\nB.\nCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\n(Government Code § 54956.9(d)(1)): 1 matter.\nNewport Coast Community Association v. City of Newport Beach\nOrange County Superior Court Case No. 30-2024-01375558-CU-BC-CJC\nC.\nCONFERENCE WITH LEGAL COUNSEL\nANTICIPATED LITIGATION - INITIATION OF LITIGATION\nGovernment Code § 54956. 9 (d)(4)): 1 matter.

1.\nMinutes for the October 14, 2025, City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10.\nFiscal Year 2024-25 Playground Improvements Project\nNo. 9753-1 to R.E. Schultz Construction, Inc. (25P01)\n-\nAward\nof\nContract\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) Find the bid submitted by Western State Builders Inc. to be non-responsive;\nd) Award Contract No. 9753-1 to R E Schultz Construction, Inc. for the total bid price\nof $858,800 for the Fiscal Year 2024-25 Playground Improvements Project, and\nauthorize the Mayor and City Clerk to execute the contract; and\ne) Establish a contingency of $90,000 (approximately 10% of the total bid) to cover\nthe cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nAttachment B - Protest Letter (R.E. Schultz)\nAttachment C - Response to Protest (Western State Builders Inc.)

11.\nCathodic\n(24W11)\nProtection\nUpgrades\nProject\n-\nAward\nof\nContract\nNo.\n9483-2\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant Section 15301(b), Class 1 (operation, repair, maintenance, permitting,\nleasing, licensing, or minor alteration of existing public structures, facilities,\nmechanical equipment, or topographical features, involving negligible or no\nexpansion of existing or former use) 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) Approve Budget Amendment No. 26-035 transferring $701,593.80 from account\n70201931-980000-26W12 and $1,201,266.08 from account 70201931-98000016W12 to account 70201931-980000-24W11 for the Cathodic Protection Upgrades\nProject;\nd) Award Contract No. 9483-2 to Teichert Energy & Utilities Group, Inc. for the total\nbid price of $3,673,467 for the Cathodic Protection Upgrades Project, and authorize\nthe Mayor and City Clerk to execute the contract; and\ne) Establish a contingency of $367,000 (approximately 10% of the total bid) to cover\nthe cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nAttachment B - Budget Amendment

12.\nApproval of Vehicle Replacement Purchase Orders for Three Pickup Trucks,\nFour Sedans, and One Van.\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 Purchase Order for three Toyota Tacoma TRD Off-Road 4WD double\ncab pickup trucks from RP Automotive of Downey, for a total amount of $160,899.63;\nc) Approve a Purchase Order for four Ford Explorer SUVs from Ken Grody Ford of\nRedlands, for a total amount of $159,858.42;\nd) Approve a Purchase order for one E-450 Ford Type B Transit Van from A-Z Bus\nSales Inc., for a total amount of $135,888.17; and\ne) Authorize a contingency of $22,000 (approximately 5% of total quotes) to cover\nthe cost of unforeseen changes to the current quotes.\nStaff Report\nAttachment A - Bid Results RFB No. 26-10\nAttachment B - Bid Results RFB No. 26-09\nAttachment C - Transit Bus Quote

13.\nFiscal Year 2025-26 Facilities Roofing Project - Award of Contract No.\nto AME Builders, Inc. (26F02)\n9860-1\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301(d), Class 1 (restoration or rehabilitation of deteriorated\nfacilities involving negligible or no expansion of existing use) of the CEQA\nGuidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because\nthis project has no potential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 9860-1 to AME Builders, Inc. dba AME Roofing for the total\nbid price of $423,400 for the Fiscal Year 2025-26 Facilities Roofing Project, and\nauthorize the Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $42,340 (10% of the total bid) to cover the cost of\nunforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map

14.\nFiscal Year 2025-26 Citywide Facilities Painting Project - Award of Contract\nNo. 9861-1 to D and T Painting (26F02)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301(d), Class 1 (restoration or rehabilitation of deteriorated\nfacilities involving negligible or no expansion of existing use) of the CEQA\nGuidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because\nthis project has no potential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 9861-1 to D and T Painting for the total bid price of\n$224,500 for the Fiscal Year 2025-26 Citywide Painting Project, and authorize the\nMayor and City Clerk to execute the contract; and\nd) Establish a contingency of $22,450 (10% of the total bid) to cover the cost of\nunforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map

15.\nAmendment No. Three to Services Agreement with Harbor Pointe\nConditioning & Control Systems\nfor Heating, Ventilation\nand Conditioning of City Facilities (Contract No. 9669-1)\nAir\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. Three to On-Call Maintenance/Repair Services\nAgreement with Habor Pointe Air Conditioning & Control Systems, Inc. for On-Call\nHVAC Maintenance and Repair Services to increase the contract amount by\n$700,000, and authorize the Mayor and City Clerk to sign the amendment.\nStaff Report\nAttachment A - Amendment No. Three

16.\nGrants and Donations Report for the Quarter Ending September 30, 2025\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) Receive and file.\nStaff Report

17.\nPlanning Commission Agenda for the October 23, 2025, Meeting\nReceive and file.\nPC Action Report\nPC Agenda

18.\nResolution No. 2025-70: Appeal of Planning Commission’s Approval of Minor\nChanges to Coastal Development Permit No. PA2024-0140 located at 100\nEast Balboa Boulevard (PA2025-0130)\na) Conduct a de novo public hearing;\nb) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15302 under Class 2 (Replacement or Reconstruction) of the\nCEQA Guidelines, because this project has no potential to have a significant effect\non the environment; and\nc) Adopt Resolution No. 2025-70, A Resolution of the City Council of the City of\nNewport Beach, California, Denying an Appeal and Upholding the Planning\nCommission’s Approval of Minor Changes to Coastal Development Permit No.\nPA2024-0140 for the Property Located at 100 East Balboa Boulevard (PA2025-\n0130).

19.\nOrdinance No. 2025-34: Extending a Temporary Moratorium on New Smoke\nShops and Tobacco Retailer Businesses\na) Conduct a public hearing;\nb) 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;\nc) Adopt Ordinance No. 2025-34, An Urgency Ordinance of the City Council of the\nCity of Newport Beach, California, Extending 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\nd) Review, approve, and issue the 10-day report as required by Government Code\n65858 for the extension of the temporary moratorium.\nStaff Report\nAttachment A - Ordinance No. 2025-34\nAttachment B - Ordinance No. 2025-31\nAttachment C - City Council Staff Report dated September 23, 2025

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

20.\nResolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport\nLand Use Commission’s Determination of Inconsistency and Approving the\nSnug Harbor Surf Park at 3100 Irvine Avenue (PA2024-0069)\na) Conduct a public hearing;\nb) Adopt Resolution No 2025-71, A Resolution of the City Council of the City of\nNewport Beach, California, Approving a General Plan Amendment for the Surf\nPark Project Located at 3100 Irvine Avenue (PA2024-0069);\nc) Adopt Resolution No 2025-72, A Resolution of the City Council of the City of\nNewport Beach, California, Approving a Major Site Development Review,\nConditional Use Permit, and Modification Permit to Authorize the Construction and\nOperation of the Surf Park with Ancillary Uses and Types 47 (On-Sale General\nEating Place), 58 (Caterer), and 68 (Portable Bar) Alcoholic Beverage Control\nLicenses for the Property Located at 3100 Irvine Avenue (PA2024-0069);\nd) Adopt Resolution No 2025-73, A Resolution of the City Council of the City of\nNewport Beach, California, Certifying Environmental Impact Report (State\nClearinghouse SCH Number 2024110238), Including a Mitigation Monitoring and\nReporting Program and Adopting Findings for the Surf Park Project Located at\n3100 Irvine Avenue (PA2024-0069); and\ne) Adopt Resolution No 2025-74, A Resolution of the City Council of the City of\nNewport Beach, California, Finding the Surf Park Project Located at 3100 Irvine\nAvenue Consistent with the Purposes of the State Aeronautics Act and Overriding\nthe Orange County Airport Land Use Commission’s Determination of\nInconsistency with the 2008 John Wayne Airport Environs Land Use Plan (PA2024\n-0069).

3.\nOrdinance Nos. 2025-32 and 2025-33: Amending Titles 20 and 21 of the\nNewport Beach Municipal Code Establishing the Special Flood Hazard (VE)\nOverlay\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15305 under Class 5\n(Minor Alterations in Land Use Limitations) of the CEQA Guidelines because it has\nno potential to have a significant effect on the environment;\nb) Conduct a second reading and adopt Ordinance No. 2025-32, An Ordinance of\nthe City Council of the City of Newport Beach, California, Adopting Revisions to\nZoning Code Amendment (PA2018-075) Amending Title 20 (Planning and\nZoning) of the City of Newport Beach Municipal Code to Establish the Special\nFlood Hazard Area Overlay for Consistency with the California Coastal\nCommission’s Modifications (PA2018-075); and\nc) Conduct a second reading and adopt Ordinance No. 2025-33, An Ordinance of\nthe City Council of the City of Newport Beach, California, Approving an\nAmendment to Title 21 (Local Coastal Program Implementation Plan) of the\nNewport Beach Municipal Code, as Modified by the California Coastal\nCommission, to Establish the Special Flood Hazard Area Overlay (PA2018-075).\nStaff Report\nAttachment A - Ordinance No. 2025-32\nAttachment B - Ordinance No. 2025-33\nRESOLUTIONS FOR ADOPTION

4.\nResolution No. 2025-67: Vacation of Existing Sewer Easement at 124 Kings\nPlace\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 2025-67, A Resolution of the City Council of the City of\nNewport Beach, California, Summarily Vacating Public Sewer Easements at 124\nKings Place (Lot 10 of Block D, Tract 1219) and Directing the City Clerk to Record\nSame with the County Recorder’s Office.\nStaff Report\nAttachment A - Area Map\nAttachment B - Map of Easement to be Vacated\nAttachment C - Grant of New Easement\nAttachment D - Resolution 2025-67

5.\nResolution\nNo.\n2025-68:\nCertifying\nTransportation Improvement Program\nFunding\nListed\nin\nthe\nFederal\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. 2025-68, A Resolution of the City Council of the City of\nNewport Beach, California, Certifying that the City of Newport Beach has the\nResources to Fund the Projects in the Federal Transportation Improvement\nProgram for Federal Fiscal Years 2026-27 to 2031-32 and Affirming Its\nCommitment to Implement All City Projects in the Program.\nStaff Report\nAttachment A - Resolution No. 2025-68

6.\nResolution No. 2025-69: Accepting a Grant from the State of California,\nDivision of Boating and Waterways for the Surrendered and Abandoned\nVessel Exchange 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;\nb) Adopt Resolution No. 2025-69, A Resolution of the City Council of the City of\nNewport Beach, California, Accepting a Grant from the State of California,\nDepartment of Parks and Recreation, Division of Boating and Waterways for the\nSurrendered and Abandoned Vessel Exchange Program (SAVE); and\nc) Approve Budget Amendment No. 26-029 recognizing $100,000 in grant revenue\nfrom the California Division of Boating and Waterways (13501-431385-25H13) and\nappropriating $100,000 to Account No. 13501-980000-25H13\nAccount No. 10001-980000-25H13 Abandoned Watercraft Abatement .\nand\n$10,000\nto\nStaff Report\nAttachment A - Resolution No. 2025-69\nAttachment B - Budget Amendment\nS21. Resolution No. 2025-75: Ratifying the Proclamation of the Existence of a\nLocal Emergency, and Declaring that the Local Emergency Shall Remain in\nEffect Until Terminated by the City Council\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15269(c), 15060(c)(2) and 15060(c)(3) of the CEQA\nGuidelines because this action will not result in a physical change to the environment,\ndirectly or indirectly; and\nb) Adopt Resolution No. 2025-75, A Resolution of the City Council of the City of\nNewport Beach, California, Ratifying in its Entirety the Proclamation of the\nExistence of a Local Emergency Issued by the Director of Emergency Services on\nOctober 22, 2025, and Declaring that the Local Emergency, Along with all Rules,\nOrders, and Regulations Issued by the Director of Emergency Services, Shall\nRemain in Effect Until the Emergency is Terminated by the City Council.\nStaff Report\nAttachment A - Resolution 2025-75\nCONTRACTS AND AGREEMENTS

7.\nSan Diego Creek Trash Interceptor - Notice of Completion for Contract No.\n7127-5 (17X12)\na) Determine that on July 11, 2023, City Council found the requirement for\nenvironmental review under the California Environmental Quality Act (CEQA) is\nsatisfied by Adopting Mitigated Negative Declaration No. ND2018-002(SCH No.\n2018081013) for the Newport Bay Water Wheel Project; and\nb) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project.\nStaff Report\nAttachment A - Location Map

8.\nCentral Library, OASIS Senior Center and VJ Community\nReplacement - Notice of Completion for Contract No. 9750-1 (25F02)\nCenter\nCarpet\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 the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project.\nStaff Report\nAttachment A - Location Map

9.\nFiscal Year 2025-26 Citywide Park Fence Rehabilitation - Award of Contract\nNo. 9837-1 to Dash Construction Company, Inc. (25P02)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 Class 1 (maintenance of existing facilities involving no\nexpansion or an existing use) 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) Approve the project plans and specifications;\nc) Award Contract No. 9837-1 to DASH Construction Company, Inc. for the total bid\nprice of $392,500 for the Fiscal Year 2025-26 Citywide Park Fence Rehabilitation\nproject, and authorize the Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $39,250 (10% of the total bid) to cover the cost of\nunforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map