HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
OCTOBER 28, 2025
COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
REGULAR MEETING - 4: 00 P.M.
CLOSED SESSION FOLLOWS MOTION FOR RECONSIDERATION
JOE STAPLETON, Mayor
LAUREN KLEIMAN, Mayor Pro Tern
MICHELLE BARTO, Councilmember
NOAH BLOM, Councilmember
ROBYN GRANT, Councilmember
SARA J. WEBER, Councilmember
ERIK WEIGAND, Councilmember
GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LENA SHUMWAY, City Clerk
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT
Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24
hours prior to the scheduled City Council meeting.
LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a
contract (other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other
entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more
than five hundred dollars ($500) made within the preceding 12 months by the party or the party's agent to any
elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this
disclosure on the record.
PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be
conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public
hearing or in written correspondence received by the City at or before the hearing.
NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard before or after the time
given.
This agenda was prepared by the City Clerk, and staff reports are available in the City Council Chambers lobby at
100 Civic Center Drive or online at newportbeachca.gov/agendas. If you have any questions or require copies of any
of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk
staff at 949-644-3005.
The City of Newport Beach's goal is to fully comply with the Americans with Disabilities Act (ADA). If you require
special assistance to participate in this meeting, we will attempt to accommodate you in every reasonable manner.
Please contact City Clerk staff prior to the meeting at 949-644-3005 or cityclerk@newportbeachca.gov so that
reasonable accommodations can be made.
City Council Meeting
October 28, 2025
Page 2
ROLL CALL - 4:00 p.m.
II. INVOCATION
Dave Manne, Pastor Emeritus, Calvary Chapel of Costa Mesa
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATIONS
• Proclaiming October 2025 as Emergency Room Nurses Week
• History of Newport Coast by Mike Stockstill
V. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
The City Council of Newport Beach welcomes and encourages community
participation. Public comments are invited on items listed on the agenda and
non -agenda items. Speakers must limit comments to three minutes per person to allow
everyone to speak. Written comments are encouraged as well. The City Council has
the discretion to extend or shorten the time limit on agenda or non -agenda items.
VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL
ON COMMITTEE ACTIVITIES
VII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A
FUTURE AGENDA (NON -DISCUSSION ITEM)
• Consider exploring an Underground Utility Assessment Loan Program to
help property owners who face significant financial hardship in paying
assessment and private connection costs associated with the creation of
future underground utility assessment districts (Submitted by
Councilmember Barto).
Vill. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT
CALENDAR for discussion (ITEMS 1 - 17 and S21). Public comments are also invited
on Consent Calendar items. Speakers must limit comments to three minutes. Before
speaking, please state your name for the record. If any item is removed from the
Consent Calendar by a Councilmember, members of the public are invited to speak on
each item for up to three minutes per item.
All matters listed under CONSENT CALENDAR are considered to be routine and will
all be enacted by one motion in the form listed below. Councilmembers have received
detailed staff reports on each of the items recommending an action. There will be no
separate discussion of these items prior to the time the City Council votes on the
motion unless members of the City Council request specific items to be discussed
and/or removed from the Consent Calendar for separate action.
City Council Meeting
October 28, 2025
Page 3
IX. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 14, 2025, City Council Meeting
Waive reading of subject minutes, approve as written, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City
Clerk to read by title only.
ORDINANCES FOR ADOPTION
3. Ordinance Nos. 2025-32 and 2025-33: Amending Titles 20 and 21 of the
Newport Beach Municipal Code Establishing the Special Flood Hazard (VE)
Overlay
a) Determine this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15305 under Class 5
(Minor Alterations in Land Use Limitations) of the CEQA Guidelines because it
has no potential to have a significant effect on the environment;
b) Conduct a second reading and adopt Ordinance No. 2025-32, An Ordinance
of the City Council of the City of Newport Beach, California, Adopting Revisions to
Zoning Code Amendment (PA2018-075) Amending Title 20 (Planning and
Zoning) of the City of Newport Beach Municipal Code to Establish the Special
Flood Hazard Area Overlay for Consistency with the California Coastal
Commission's Modifications (PA2018-075); and
c) Conduct a second reading and adopt Ordinance No. 2025-33, An Ordinance
of the City Council of the City of Newport Beach, California, Approving an
Amendment to Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code, as Modified by the California Coastal
Commission, to Establish the Special Flood Hazard Area Overlay (PA2018-075).
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2025-67: Vacation of Existing Sewer Easement at 124 Kings
Place
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 2025-67, A Resolution of the City Council of the City o1
Newport Beach, California, Summarily Vacating Public Sewer Easements at 124
Kings Place (Lot 10 of Block D, Tract 1219) and Directing the City Clerk to Record
Same with the County Recorder's Office.
City Council Meeting
October 28, 2025
Page 4
5. Resolution No. 2025-68: Certifying Funding Listed in the Federal
Transportation Improvement Program
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. 2025-68, A Resolution of the City Council of the City of
Newport Beach, California, Certifying that the City of Newport Beach has the
Resources to Fund the Projects in the Federal Transportation Improvement
Program for Federal Fiscal Years 2026-27 to 2031-32 and Affirming Its
Commitment to Implement All City Projects in the Program.
6. Resolution No. 2025-69: Accepting a Grant from the State of California,
Division of Boating and Waterways for the Surrendered and Abandoned
Vessel Exchange Program
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;
b) Adopt Resolution No. 2025-69, A Resolution of the City Council of the City of
Newport Beach, California, Accepting a Grant from the State of California,
Department of Parks and Recreation, Division of Boating and Waterways for the
Surrendered and Abandoned Vessel Exchange Program (SAVE); and
c) Approve Budget Amendment No. 26-029 recognizing $100,000 in grant
revenue from the California Division of Boating and Waterways (13501-431385-
25H13) and appropriating $100,000 to Account No. 13501-980000-251-113 and
$10,000 to Account No. 10001-980000-251-113 Abandoned Watercraft
Abatement.
S21. Resolution No. 2025-75: Ratifying the Proclamation of the Existence of a
Local Emergency, and Declaring that the Local Emergency Shall Remain in
Effect Until Terminated by the City Council
a) Determine this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15269(c), 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. 2025-75, A Resolution of the City Council of the City of
Newport Beach, California, Ratifying in its Entirety the Proclamation of the
Existence of a Local Emergency Issued by the Director of Emergency Services on
October 22, 2025, and Declaring that the Local Emergency, Along with all Rules,
Orders, and Regulations Issued by the Director of Emergency Services, Shall
Remain in Effect Until the Emergency is Terminated by the City Council.
City Council Meeting
October 28, 2025
Page 5
7. San Diego Creek Trash Interceptor - Notice of Completion for Contract No.
7127-5 (17X12)
a) Determine that on July 11, 2023, City Council found the requirement for
environmental review under the California Environmental Quality Act (CEQA) is
satisfied by Adopting Mitigated Negative Declaration No. ND2018-002(SCH No.
2018081013) for the Newport Bay Water Wheel Project; and
b) Accept the completed work and authorize the City Clerk to file a Notice of
Completion for the project.
8. Central Library, OASIS Senior Center and VJ Community Center Carpet
Replacement - Notice of Completion for Contract No. 9750-1 (25F02)
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) Accept the completed work and authorize the City Clerk to file a Notice of
Completion for the project.
9. Fiscal Year 2025-26 Citywide Park Fence Rehabilitation - Award
of Contract
No. 9837-1 to Dash Construction Company, Inc. (25P02)
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;
b) Approve the project plans and specifications;
c) Award Contract No. 9837-1 to DASH Construction Company, Inc.
for the total
bid price of $392,500 for the Fiscal Year 2025-26 Citywide
Park Fence
Rehabilitation project, and authorize the Mayor and City Clerk to
execute the
contract; and
d) Establish a contingency of $39,250 (10% of the total bid) to cover
the cost of
unforeseen work not included in the original contract.
10. Fiscal Year 2024-25 Playground Improvements Project - Award of
Contract
No. 9753-1 to R.E. Schultz Construction, Inc. (25P01)
a) Find this project exempt from the California Environmental Quality Act
(CEQA)
pursuant to Section 15301 (Existing Facilities) 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;
b) Approve the project plans and specifications;
c) Find the bid submitted by Western State Builders Inc. to be non -responsive;
d) Award Contract No. 9753-1 to R E Schultz Construction, Inc. for the
total bid
price of $858,800 for the Fiscal Year 2024-25 Playground Improvements
Project,
and authorize the Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $90,000 (approximately 10% of the total
bid) to
cover the cost of unforeseen work not included in the original contract.
City Council Meeting
October 28, 2025
Page 6
11. Cathodic Protection Upgrades Project - Award of Contract No. 9483-2
(24W11)
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant Section 15301(b), Class 1 (operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public structures, facilities,
mechanical equipment, or topographical features, involving negligible or no
expansion of existing or former use) of the CEQA Guidelines, because this
project has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Approve Budget Amendment No. 26-035 transferring $701,593.80 from
account 70201931-980000-26W12 and $1,201,266.08 from account 70201931-
980000-16W12 to account 70201931-980000-24W11 for the Cathodic Protection
Upgrades Project;
d) Award Contract No. 9483-2 to Teichert Energy & Utilities Group, Inc. for the
total bid price of $3,673,467 for the Cathodic Protection Upgrades Project, and
authorize the Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $367,000 (approximately 10% of the total bid) to
cover the cost of unforeseen work not included in the original contract.
12. Approval of Vehicle Replacement Purchase Orders for Three Pickup Trucks,
Four Sedans, and One Van.
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;
b) Approve a Purchase Order for three Toyota Tacoma TRD Off -Road 4WD
double cab pickup trucks from RP Automotive of Downey, for a total amount of
$160,899.63;
c) Approve a Purchase Order for four Ford Explorer SUVs from Ken Grody Ford
of Redlands, for a total amount of $159,858.42;
d) Approve a Purchase order for one E-450 Ford Type B Transit Van from A-Z
Bus Sales Inc., for a total amount of $135,888.17; and
e) Authorize a contingency of $22,000 (approximately 5% of total quotes) to
cover the cost of unforeseen changes to the current quotes.
City Council Meeting
October 28, 2025
Page 7
13. Fiscal Year 2025-26 Facilities Roofing Project
- Award of
Contract No.
9860-1 to AME Builders, Inc. (26F02)
a) Find this project exempt from the California Environmental Quality
Act (CEQA)
pursuant to Section 15301(d), Class 1 (restoration
or rehabilitation
of
deteriorated
facilities involving negligible or no expansion of
existing use)
of
the CEQA
Guidelines, California Code of Regulations, Title
14, Division
6,
Chapter 3,
because this project has no potential to have
a significant
effect on the
environment;
b) Approve the project plans and specifications;
c) Award Contract No. 9860-1 to AME Builders, Inc. dba AME Roofing for the
total bid price of $423,400 for the Fiscal Year 2025-26 Facilities Roofing Project,
and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $42,340 (10% of the total bid) to cover the cost of
unforeseen work not included in the original contract.
14. Fiscal Year 2025-26 Citywide Facilities Painting Project - Award
of Contract
No. 9861-1 to D and T Painting (26F02)
a) Find this project exempt from the California Environmental Quality
Act (CEQA)
pursuant to Section 15301(d), Class 1 (restoration or rehabilitation of
deteriorated
facilities involving negligible or no expansion of existing use) of
the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3,
because this project has no potential to have a significant effect on the
environment;
b) Approve the project plans and specifications;
c) Award Contract No. 9861-1 to D and T Painting for the total
bid price of
$224,500 for the Fiscal Year 2025-26 Citywide Painting Project, and authorize the
Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $22,450 (10% of the total bid) to cover
the cost of
unforeseen work not included in the original contract.
15. Amendment No. Three to Services Agreement with Harbor
Pointe Air
Conditioning & Control Systems for Heating, Ventilation
and Air
Conditioning of City Facilities (Contract No. 9669-1)
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 Amendment No. Three to On -Call Maintenance/Repair Services
Agreement with Habor Pointe Air Conditioning & Control Systems, Inc.
for On -Call
HVAC Maintenance and Repair Services to increase the contract
amount by
$700,000, and authorize the Mayor and City Clerk to sign the amendment.
City Council Meeting
October 28, 2025
Page 8
MISCELLANEOUS
16. Grants and Donations Report for the Quarter Ending September 30, 2025
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;
b) Receive and file.
17. Planning Commission Agenda for the October 23, 2025, Meeting
Receive and file.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
X. ITEMS REMOVED FROM THE CONSENT CALENDAR
XI. PUBLIC HEARINGS
18. Resolution No. 2025-70: Appeal of Planning Commission's Approval of
Minor Changes to Coastal Development Permit No. PA2024-0140located at
100 East Balboa Boulevard (PA2025-0130)
a) Conduct a de novo public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15302 under Class 2 (Replacement or Reconstruction) of the
CEQA Guidelines, because this project has no potential to have a significant
effect on the environment; and
c) Adopt Resolution No. 2025-70, A Resolution of the City Council of the City of
Newport Beach, California, Denying an Appeal and Upholding the Planning
Commission's Approval of Minor Changes to Coastal Development Permit No.
PA2024-0140 for the Property Located at 100 East Balboa Boulevard (PA2025-
0130).
19. Ordinance No. 2025-34: Extending a Temporary Moratorium on New Smoke
Shops and Tobacco Retailer Businesses
a) Conduct a public hearing;
b) Determine this action is exempt from environmental review under the
California Environmental Quality Act (CEQA) pursuant to Section 15262, Section
15060(c)(2), Section 15060(c)(3), Section 15305, and Section 15061(b)(3) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3;
c) Adopt Ordinance No. 2025-34, An Urgency Ordinance of the City Council of
the City of Newport Beach, California, Extending a Temporary Moratorium on the
Establishment and Operation of New Tobacco Retailer Businesses and the
Relocation or Physical Expansion of Existing Tobacco Retailer Businesses, Also
Known as Smoke Shops; and
d) Review, approve, and issue the 10-day report as required by Government
Code 65858 for the extension of the temporary moratorium.
ffu
XIII.
Xlv
City Council Meeting
October 28, 2025
Page 9
20. Resolution Nos. 2025-71 through 2025-74: Overriding Orange County Airport
Land Use Commission's Determination of Inconsistency and Approving the
Snug Harbor Surf Park at 3100 Irvine Avenue (PA2024-0069)
a) Conduct a public hearing;
b) Adopt Resolution No 2025-71, A Resolution of the City Council of the City of
Newport Beach, California, Approving a General Plan Amendment for the Surf
Park Project Located at 3100 Irvine Avenue (PA2024-0069);
c) Adopt Resolution No 2025-72, A Resolution of the City Council of the City of
Newport Beach, California, Approving a Major Site Development Review,
Conditional Use Permit, and Modification Permit to Authorize the Construction
and Operation of the Surf Park with Ancillary Uses and Types 47 (On -Sale
General Eating Place), 58 (Caterer), and 68 (Portable Bar) Alcoholic Beverage
Control Licenses for the Property Located at 3100 Irvine Avenue (PA2024-0069);
d) Adopt Resolution No 2025-73, A Resolution of the City Council of the City of
Newport Beach, California, Certifying Environmental Impact Report (State
Clearinghouse SCH Number 2024110238), Including a Mitigation Monitoring and
Reporting Program and Adopting Findings for the Surf Park Project Located at
3100 Irvine Avenue (PA2024-0069); and
e) Adopt Resolution No 2025-74, A Resolution of the City Council of the City of
Newport Beach, California, Finding the Surf Park Project Located at 3100 Irvine
Avenue Consistent with the Purposes of the State Aeronautics Act and Overriding
the Orange County Airport Land Use Commission's Determination of
Inconsistency with the 2008 John Wayne Airport Environs Land Use Plan
(PA2024-0069).
MOTION FOR RECONSIDERATION
A motion to reconsider the vote on any action taken by
meeting or the previous meeting may be made only by
who voted with the prevailing side.
PUBLIC COMMENTS ON CLOSED SESSION
CLOSED SESSION - Council Chambers Conference Room
the City Council at either this
one of the Councilmembers
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter.
Agency Designated Representative: Seimone Jurjis, Assistant City Manager
and Jonathan Holtzman, Esq., Negotiators.
Employee Organization: Newport Beach City Employees Association.
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter.
Newport Coast Community Association v. City of Newport Beach
Orange County Superior Court Case No. 30-2024-01375558-CU-BC-CJC
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
Government Code § 54956. 9 (d)(4)): 1 matter.
City Council Meeting
October 28, 2025
Page 10
XV. CLOSED SESSION REPORT
XVI. ADJOURNMENT
Testimony given before the City Council is recorded.
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