Newport Beach — 2026-05-26

PUBLIC COMMENTS ON CLOSED SESSION VII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code § 54956.9 (d)(1): 1 matter.

1. Approval of Minutes\nApproval of Minutes for the May 12, 2026, City Council Meeting.\n2026-05-12 CC Minutes ORDINANCES FOR ADOPTION

2. Ordinance No. 2026-04: Amending Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery Percentages\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 indirectly; and\nb) Waive the full reading of the Ordinance, read by title only, conduct a second\nreading and adopt Ordinance No. 2026-04, An Ordinance of the City Council of the\nCity of Newport Beach, California, Amending Newport Beach Municipal Code\nSection 3.36.030 Related to Cost Recovery Percentages .\nStaff Report Attachment A - Ordinance No. 2026-04 Attachment B - Redlined Code Section 3.36.030

3. Fiscal Year 2025-2026 Citywide Park Fence Rehabilitation - Notice of Completion for Contract No. 9837-1 (25P02)\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 indirectly; and\nb) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.\nStaff Report Attachment A - Location Map

4. Amendment No. One to Professional Services Agreement with MissionSquare Retirement for Retirement Health Savings Plan\nRecordkeeping, Administration, and Claims Processing Services - One-Year Term Extension (Contract No. C-7279-2)\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 indirectly; and\nb) Authorize the Mayor and City Clerk to execute Amendment No. One to\nProfessional Services Agreement with the International City Management\nAssociation Retirement Corporation, doing business as MissionSquare Retirement\nfor Retirement Health Services Plan Agreement, Contract No. C-7279-2, extending\nthe agreement term by one year through April 2027 and incorporating a reduction in\nannual administrative fees from 0.135% to 0.129%, with all other terms and conditions remaining unchanged.\nStaff Report\nAttachment A – Amendment No. One with MissionSquare

5. Increase Purchase Order Amount with Mueller Systems for As-Needed Water Meters\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 indirectly;\nb) Approve a change order to the Purchase Order with Mueller Systems in\nincreasing the total amount from $120,000 to $250,000 for FY 2025-26; and\nc) Approve issuing a purchase order with Mueller Systems for $250,000 for FY 2026-27 on or after July 1, 2026.\nStaff Report Attachment A - Mueller Meter Price Quotes

6. On-Call Professional Services Agreement for Animal Care Medical Services\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 indirectly; and\nb) Approve an On-Call Professional Services Agreement for animal care medical\nservices with Mariners VH LP for Animal Care Medical Services (DBA Mariners Mile\nPet Clinic of Newport Beach, California) at a not-to-exceed cost of $505,000 and\nauthorize the Mayor and City Clerk to execute the agreement.\nStaff Report Attachment A – Agreement

7. General Liability Third Party Administrator - Approval of Professional Services Agreement with George Hills Company, Inc.\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 indirectly; and\nb) Approve a five-year Professional Services Agreement with George Hills\nCompany, Inc., for Third Party General Liability Claims Administration Services at a\nnot-to-exceed amount of $784,025 and authorize the Mayor and City Clerk to execute the Agreement.\nStaff Report\nAttachment A - PSA w George Hills Company, Inc.

8. MacArthur Boulevard Pavement Rehabilitation and Median Improvements Award of Contract No. 9431-2 (24R13)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301(c), Class 1 (maintenance of existing public facilities\ninvolving negligible or no expansion of use) 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) Approve Budget Amendment No. 26-080 appropriating $11,700 in new revenue\nand expenditures from Orange County Sanitation District (OCSan) to Account Nos.\n13501-431075-24R13 and 13501-980000-24R13, appropriating $57,800 in new\nrevenue and expenditures from Irvine Ranch Water District (IRWD) to Account Nos.\n13501-431220-24R13 and 13501-980000-24R13, appropriating $29,437 in new\nrevenue and expenditures from the City of Irvine to Account Nos. 13501-43113524R13 and 13501-980000-24R13, appropriating $321,860 in new revenue and\nexpenditures from Cal Recycle Grant Funding to Account Nos. 13501-43149026R02 and 13501-980000-26R02, appropriating $550,503 in increased\nexpenditures in Account No. 12101-980000-24R13 from Gas Tax unappropriated\nfund balance, and appropriating $221,887 in increased expenditures in Account No.\n01201927-980000-24R13 from General Fund unappropriated fund balance;\nd) Award Contract No. 9431-2 to All American Asphalt for the total bid price of\n$7,099,118 for the MacArthur Boulevard Pavement Rehabilitation and Median\nImprovements project, and authorize the Mayor and City Clerk to execute the contract; and\ne) Establish a contingency of $710,000 (approximately 10% of the total bid) to cover\nthe cost of unforeseen work not included in the original contract.\nStaff Report Attachment A - Location Map Attachment B - Budget Amendment MISCELLANEOUS

9. Set Public Hearing Date to Adopt Fiscal Year 2026-2027 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 indirectly; and\nb) Schedule a public hearing of the City’s Proposed Budget for Fiscal Year 20262027 for June 9, 2026, and direct the City Clerk to publish a notice of said hearing in\naccordance with Section 1102 of the Newport Beach Charter.\nStaff Report\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 indirectly; and\nb) Approve Budget Amendment No. 26-076, adjusting revenue estimates and\nexpenditure appropriations for the Fiscal Year 2025-26 budget as further outlined in this report.\nStaff Report Attachment A - Budget Amendment No. 26-076\n11. Planning Commission Agenda for the May 21, 2026, Meeting Receive and file.\nPC Agenda\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED ITEMS REMOVED FROM THE CONSENT CALENDAR\n12. Ordinance No. 2026-5: Amending Title 21 of the Newport Beach Municipal\nCode, and Resolution No. 2026-30: Implementing the Housing Element and\nEstablishing the Housing Opportunity (HO) Overlay Coastal Zoning District (PA2022-0245) a) Conduct a public hearing;\nb) Find that all potential environmental effects for the amendment have been\nadequately addressed in the previously certified Final Program Environmental\nImpact Report identified by State Clearinghouse Number 2023060699, and the City\nCouncil of the City of Newport Beach intends to use said document for the approval of the Local Coastal Program Amendment;\nc) Adopt Resolution No. 2026-30, A Resolution of the City Council of the City of\nNewport Beach, California, Approving an Amendment to the Coastal Land Use\nPlan, as Modified by the California Coastal Commission, to Incorporate Updates\nfor Consistency with the Adopted and Certified 6th Cycle Housing Element (PA2022-0245) ; and\nd) Introduce Ordinance No. 2026-05, An Ordinance of the City Council of the City\nof Newport Beach, California, Approving an Amendment to Title 21 (Local Coastal\nProgram Implementation Plan) of the Newport Beach Municipal Code, as Modified\nby the California Coastal Commission, to Establish the Housing Opportunity (HO)\nOverlay Coastal Zoning District (PA2022-0245 & PA2024-0205), and pass to second reading on June 9, 2026.\nStaff Report Attachment A - Resolution No. 2026-30 Attachment B - Ordinance No. 2026-05 Attachment C - Resolution No. 2024-51 Attachment D - Ordinance No. 2024-16 Attachment E - Resolution No. 2024-52 Attachment F - Ordinance No. 2025-10 Attachment G - Resolution No. 2025-32\nAttachment H - Coastal Comm. Reports and Correspondence\nAttachment I - Approval Letter and Suggested Modifications Attachment J - Redline\n13. Resolution No. 2026-31: Community Development Block Grant - 2026-2027 Annual Action Plan\na) Conduct a public hearing to receive comments on the Annual Action Plan;\nb) Find the approval of the 2026-2027 Annual Action Plan exempt from the National\nEnvironmental Policy Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34;\nc) Find the approval of the 2026-2027 Annual Action Plan exempt from the\nCalifornia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the\nactivity will not result in a direct or reasonably foreseeable indirect physical change in\nthe environment) and Section 15060(c)(3) (the activity is not a project as defined in\nSection 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,\nChapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly;\nd) Adopt Resolution No. 2026-31, A Resolution of the City Council of the City of\nNewport Beach, California, Approving the 2026-2027 Annual Action Plan for the\nAllocation of the Federal Community Development Block Grant Program Funds for Fiscal Year 2026-2027 ; and e) Authorize the City Manager to:\n· Proportionally adjust appropriations to specific programs and projects as\nnecessary to conform with the final 2026-2027 formula grant allocation of\nCDBG funds from HUD if the appropriation is more or less than $409,157;\n· Submit the 2026-2027 Annual Action Plan to HUD;\n· Execute the 2026-2027 CDBG Program Grant Agreement and all related\ndocuments on behalf of the City of Newport Beach;\n· Execute all sub-recipient agreements with the non-profit organizations\nreceiving allocations of CDBG funds in the 2026-2027 Action Plan; and\n· Authorize the Community Development Director, or his designee, to be the\nofficial representative of the City of Newport Beach, administer the 20262027 Annual Action Plan and submit required environmental documentation to HUD for CDBG projects.\nStaff Report Attachment A - Resolution No. 2026-31\n14. Ordinance No. 2026-06: Amending Title 5 (Business Licenses and\nRegulations) and Title 20 (Planning and Zoning) for Tobacco Retailer Businesses and Cigar Lounges a) Conduct a public hearing;\nb) Find this project categorically exempt from the California Environmental Quality\nAct (CEQA) pursuant to Section 21080.17 of the Public Resources Code and\npursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects,\nwhich have the potential for causing a significant effect on the environment; and\nc) Introduce Ordinance No. 2026-06, An Ordinance of the City Council of the City\nof Newport Beach, California, Adding Chapter 5.55 (Tobacco Retailer Businesses)\nto Title 5 (Business Licenses and Regulations) and Amending Title 20 (Planning\nand Zoning) of the Newport Beach Municipal Code Related to Operation of New\nTobacco Retailer Businesses and the Relocation or Physical Expansion of\nExisting Tobacco Retailer Businesses, Also Known as Smoke Shops, and pass to second reading on June 9, 2026.\nStaff Report Attachment A – Ordinance No. 2026-06\nAttachment B - March 19, 2026, PC Staff Report\nAttachment C - March 19, 2026, PC Minutes\nAttachment D - Amendments to Title 5 - Redlined\nAttachment E - Amendments to Title 20 - Redlined VI. MOTION FOR RECONSIDERATION\nA motion to reconsider the vote on any action taken by the City Council at either this\nmeeting or the previous meeting may be made only by one of the Councilmembers who voted with the prevailing side.