HomeMy WebLinkAbout2026-15 - A Resolution of the City Council of the City of Newport Beach, California, Amending Various Provisions of the Newport Beach City Council Policies and Rescinding Council Policy D-4RESOLUTION NO. 2026-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING VARIOUS
PROVISIONS OF THE NEWPORT BEACH CITY COUNCIL
POLICIES AND RESCINDING COUNCIL POLICY D-4
WHEREAS, the City of Newport Beach ("City") is governed, in part, by its City
Charter, the Newport Beach Municipal Code, and the policies ("Policies") adopted by the
Newport Beach City Council ("City Council");
WHEREAS, on January 14, 2025, the City Council adopted Resolution No. 2025-
5, creating the Ad Hoc Council Policy Review Committee ("Council Committee")
comprised of Mayor Lauren Kleiman and Councilmembers Joe Stapleton and Sara J.
Weber;
WHEREAS, the Council Committee was tasked with reviewing the Policies to
ensure relevancy, brevity and coherency for the benefit of the people of Newport Beach;
WHEREAS, the Council Committee reviewed the Policies and recommends the
City Council revise the Policies set forth in Exhibit 1, attached hereto, which include
Policies A-1 (City Council), A-2 (Boards, Commissions, and Committees), A-12
(Discretionary Grants), A-17 (Newport Beach City Council Airport Policy), B-1 (Park Fee
Policy), B-9 (Naming of City Parks/Public Facilities & Plaque Dedications), B-13 (Public
Use of City Facilities), D-9 (Economic Development Policy), F-7 (Income and Other
Property), F-8 (City Travel Policy Statement), F-14 (Contract Procurement and Authority
to Contract), F-27 (Policy and Procedures for Distribution of Tickets and Passes), G-1
(Retention, Removal, and Maintenance of City Trees), G-6 (Maintenance and Planting of
Parkway Trees), L-16 (Temporary Banners Extending Over or Within the Public Right -of -
Way), and L-23 (The Siting of Wireless Telecommunications Equipment on City -Owned
Property); and
WHEREAS, the Council Committee reviewed Policy D-4 (Innovation/Improvement
Incentive Program) and recommends that the City Council rescind it as a Council Policy
as it is more appropriately managed and implemented at an operational level.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1. The City Council hereby amends and replaces the Policies as set
forth in Exhibit 1, which are attached hereto and incorporated herein by this reference.
Resolution No. 2026-15
Page 2 of 3
Section 2. All prior versions of the Policies set forth in Exhibit 1 that conflict with
the revisions adopted by this resolution are hereby repealed.
Section 3. Council Policy D-4 is hereby rescinded in its entirety.
Section 4. The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5. If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6. Except as expressly modified in this resolution, all other Policies,
sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual
shall remain unchanged and shall be in full force and effect.
Section 7. The City Council finds the adoption of this resolution and the
amendment of the specified Policies is not subject to the California Environmental Quality
Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Resolution No. 2026-15
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Section 8. This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 24th day of February, 2026.
Lauren Kleiman
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CIT ATTORNEY'S OFFICE
Aaron C.
C. Harp
City Attorney
Attachment: Exhibit 1 — Revised Council Policies
EXHIBIT 1
REVISED COUNCIL POLICIES
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CITY COUNCIL
Open Meeting Policies
The Newport Beach City Council is required to comply with the Ralph M. Brown Act (Brown Act). Unless
an exception applies, the Brown Act requires public entities to deliberate and act in open session. The City
Council has adopted these rules to ensure compliance with the Brown Act and to promote full citizen
participation in the discussions and decisions of their elected and appointed representatives.
A. Regular Meetings. The City Council shall hold regular meetings as allowed by the City Charter and
the Ralph M. Brown Act. The schedule for regular meetings is set annually by resolution of the City
Council. Regular meetings shall begin at 4:00 p.m., or as otherwise scheduled due to the demand of
business, and shall follow the order of business set forth in this policy.
The City Council may hold a regular meeting, special meeting, or an adjourned regular at any location
authorized by the City Charter and the Brown Act. When the day for any regular meeting falls on a
legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the
same hour on the following business day.
B. All regular, special, and adjourned meetings of the City Council shall be called, noticed, and
conducted in compliance with the Brown Act.
C. Placing an Item(s) on a Future City Council Agenda. A member of the City Council may place an
item(s) on a future City Council agenda for consideration by submitting a title or topic sufficient to
satisfy the requirements of the Brown Act on or before 5:00 p.m. on the Tuesday preceding the
meeting at which the item is to be considered. Item(s) to be placed on a future City Council agenda
shall be primarily focused on issues that directly impact the finances, property, authority, policies, or
interest of the City and/or finances, property, or rights of the residents of the City. When requested,
the City Attorney shall assist a Council Member with the drafting of an agenda title or topic to ensure
consistency with the Brown Act. These items will appear under the section of the agenda titled,
"Matters Which Council Members Have Asked to be Placed on a Future Agenda". Any Council
Member may ask clarifying questions regarding the item to ensure understanding of the matter;
however, the City Council will not discuss or debate the item. At the Council meeting, if three (3)
members of the City Council wish to examine the issue, staff will prepare an appropriate report and
return the item to the City Council for discussion and/or action. Additionally, the City Manager may
place an item(s) on the agenda at the City Manager's discretion.
D. It is the intent of the City Council that no item will be introduced on a City Council agenda after the
hour of 11:00 p.m. Furthermore, it is the City Council's intent that if an item introduced and being
discussed by 11:00 p.m. is not concluded by 12:00 a.m., the City Council should adjourn the meeting
to another date. The intent and purpose of this policy is to encourage a reasonable hour in which the
City Council business is discussed and to protect against fatigue in discussing and deciding important
City issues.
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Order of Business
Unless modified as provided herein, to the extent the business needs of the City require City Council
consideration of the items set forth below, the agenda for regular meetings of the City Council shall contain
the following items in the following order:
Study Session / Regular Meeting Agenda Items
Roll Call
Invocation
Pledge of Allegiance
Presentations
Study Session (if any)
Public Comments on Agenda and Non -Agenda Items
City Council Announcements and Oral Reports from City Council on Committee Activities
(non -discussion item)
Matters Which Council Members Have Asked to be Placed on a Future Agenda (non -discussion item
— Council Members may ask clarifying questions)
Public Comments on Consent Calendar
Consent Calendar:
A. Reading of Minutes and Ordinances
B. Ordinances for Introduction
C. Ordinances for Adoption
D. Resolutions for Adoption
E. Contracts and Agreements
F. Miscellaneous (for example: Planning Commission Agendas, budget amendments, and permit
applications)
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Items Removed from the Consent Calendar
Public Hearings
Continued Business
Current Business
Motions for Reconsideration
Public Comment on Closed Session Items (if any)
Closed Session (if any) - Council Chambers Conference Room
Closed Session Report (if any)
Adjournment
The City Manager or Mayor shall have the discretion to change the order of business. Council Members may
change the order of business by majority vote of the City Council. The City Clerk shall comply with all
Brown Act rules related to publishing instructions required to be provided including the process for
accommodations under the Americans with Disability Act and Senate Bill No.707.
Rules of Order for City Council Proceedings
A. Rules of Order. Except as provided in this policy, the City Charter, other rules, or practices followed
by the City Council, or applicable provisions of state law, the procedures of the City Council shall be
guided by the latest revised edition of Robert's Rules of Order ("Rules"). Rules adopted to expedite
the transaction of the business of the City Council in an orderly fashion are deemed to be procedural
only and the failure to strictly observe such rules shall not affect the jurisdiction of the City Council
or invalidate any action taken at a meeting that is otherwise held in conformity with law.
B. Public Input. Members of the public have the right to address the City Council on any item on the
agenda, as well as any item under the subject matter jurisdiction of the City Council. Generally, the
time allotted for public comment is three (3) minutes; however, the Presiding Officer may limit
speaking time on any item based on the number of agenda items to be considered at the meeting and/or
the number of speakers for each agenda item.
Agendized Matters and Consent Calendar. Speakers on agenda items, including, but not
limited to, Consent Calendar items, shall limit their comments to the time allotted for public
comment and shall step down from the lectern immediately after their time has elapsed unless
the Presiding Officer has granted the speaker's request for additional time. As appropriate, the
Presiding Officer may grant the speaker additional time. Speakers shall limit their comments
to matters relevant to the item on the agenda.
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2. Non-agendized Matters. The agenda shall contain a public comment section during which any
member of the public may address the Council on any non -agenda item generally considered
to be a municipal affair and within the subject matter jurisdiction of the Council. Public
comments shall not be used for electioneering —including advocating for or against any
candidate or ballot measure —or for advertising, promoting, or soliciting on behalf of any
commercial business. To ensure that all members of the public have an opportunity to address
the Council during public comments, each speaker shall be limited to the time allotted for
public comment and shall immediately step down from the lectern upon expiration of the
allotted time unless the Presiding Officer has granted the speaker's request for additional time.
Staff and/or members of the City Council may briefly respond to each speaker who testifies
during public comments. Responses shall be limited to the specific issue(s) raised by the
speaker and shall generally be limited to information helpful to the public's understanding of
the issue(s) raised by the speaker. The City Council shall not act relative to any public
comment unless an action is authorized by Section 54954.2(b) of the Government Code, or
any successor statute.
3. Consent Calendar. A Consent Calendar item may be pulled by any member of the City
Council. If a Consent Calendar item is pulled, members of the public may speak on each pulled
item for up to the amount of time allotted for public comment, unless the Presiding Officer
has granted the speaker's request for additional time.
Officers
A. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the
absence of the Mayor, or at the Mayor's request, the Mayor Pro Tem shall preside. In the absence of
the Mayor and Mayor Pro Tem, the most senior member of the City Council present shall be the
Presiding Officer.
1. Powers and Duties of Presiding Officer.
a. Participation. The Presiding Officer may make a motion, debate, and vote on all
agenda items.
b. Question to be Stated. Prior to any vote, other than to move City staff s
recommendation, the Presiding Officer, or at the Presiding Officer's request, the City
Clerk shall state (or announce) the motion.
Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions,
contracts, and other documents necessitating his/her signature which were adopted in
his/her presence, unless he/she is unavailable, in which case the signature of an
alternate Presiding Officer may be used.
d. Sworn Testimony. The Presiding Officer may require any person addressing the City
Council to be sworn as a witness and to testify under oath, and the Presiding Officer
shall so require a witness to be sworn if directed to do so by a majority vote of the
Council.
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B. Parliamentarian. The City Attorney shall be designated as Parliamentarian for the City Council
proceedings to advise the Presiding Officer. Within the limitations imposed by the Rules, the
Presiding Officer has the authority to determine proper parliamentary procedure.
Conduct of City Council Business
A. Rules for Discussion/Debate.
Getting the Floor. Every Council Member desiring to speak shall first address the Presiding
Officer and gain recognition by the Presiding Officer.
2. Opening Discussion/Debate. The following three steps are necessary prior to opening
discussion/debate on any subject, except as noted.
a. Motion. The Presiding Officer may open a matter for discussion or debate prior to the
making of any motion.
b. Motions - Second Required. Except for the nomination of a Council Member to serve
as Mayor or Mayor Pro Tem, a motion by any member of the Council, including the
Presiding Officer, shall require a second. Such action does not mean that the seconder
endorses the motion, but only that he/she wishes to have the motion considered.
Exceptions:
i. Oral Presentations. Oral presentations may be made by City staff, or someone
designated by staff, prior to a motion being made, discussed, or debated upon.
ii. Questions to Staff. At any time during the proceedings, every Council Member
desiring to question City staff shall, after recognition by the Presiding Officer,
address the questions to the City Manager, the City Clerk, or the City Attorney,
who shall be entitled either to answer the inquiry himself/herself or to designate
a member of his/her staff for that purpose.
iii. Public Hearings. For matters that are the subject of a public hearing, the
procedures for opening debate are suspended until after the public hearing is
closed.
Addressing the Council
a. Manner of Addressing Council. Each person desiring to address the Council shall step
up to the microphone, may state his/her name and address for the record, state the
subject he/she wishes to discuss, may state whom he/she is representing if he/she
represents an organization or other persons and, unless further time is granted by the
Mayor, shall limit his/her remarks to the time allotted for public comment. All remarks
shall be addressed to the Council as a whole and not to any member thereof or to the
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audience. No question shall be asked of a Council Member or a member of the City
staff without the permission of the Presiding Officer.
b. Exception: The City Council may preside over administrative hearings or
designate a hearing officer to take evidence and submit proposed findings and
recommendations. In the event the City Council conducts any hearing that is quasi-
judicial or administrative in nature, the following procedure shall be followed:
i. The Presiding Officer may ask the City Manager to summarize the nature of
the hearing and the issues to be resolved by the City Council.
ii. The Presiding Officer shall invite the person or entity that filed the application
for permit, license, or other entitlement (applicant) to make a presentation. The
applicant shall have a reasonable amount of time, as determined by the
Presiding Officer, to present evidence or testimony relevant to any issue before
the City Council. The City Council, City Manager, or City Attorney may ask
questions of the applicant, or any witness presented by the applicant.
iii. In the event the matter is pending before the City Council by virtue of an
appeal, the Presiding Officer shall then invite the appellant to make a
presentation. The appellant shall have a reasonable amount of time, as
determined by the Presiding Officer, to present evidence or testimony relevant
to any issue before the City Council. The City Council, City Manager, or City
Attorney may ask questions of the appellant, or any witness presented by the
appellant.
iv. Upon conclusion of the presentations by the applicant and the appellant, if any,
the Presiding Officer shall invite testimony from members of the audience.
V. Prior to closing the hearing, the Presiding Officer shall give the applicant and
the appellant, if any, the opportunity to comment on the evidence with the right
to comment limited to no more than five (5) minutes. In the case of an appeal,
the applicant's opportunity to comment on the evidence shall precede that of
the appellant.
vi. The Presiding Officer shall have the right to exclude testimony or evidence
which is not relevant to any issue before the City Council.
4. After Motion. After a motion has been made or a public hearing has been closed, no member
of the public shall address the City Council without first securing permission to do so by a
majority vote of the City Council or Presiding Officer.
Interruptions. A Council Member, once recognized, shall not be interrupted when speaking
unless called to order by the Presiding Officer, unless a point of order or personal privilege is
raised by another Council Member, or unless the speaker chooses to yield to a question by
another Council Member. If a Council Member, while speaking, is called to order, he/she shall
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cease speaking until the question of order is determined and, if determined to be in order, he/
she may proceed. Members of the City staff, after recognition by the Presiding Officer, shall
hold the floor until completion of their remarks or until recognition is withdrawn by the
Presiding Officer.
6. Points of Order. The Presiding Officer shall determine all points of order subject to the right
of any Council Member to appeal to the Council. If an appeal is taken, the question shall be
"Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively
determine such question of order.
7. Point of Personal Privilege. The right of a Council Member to address the Council on a
question of personal privilege shall be limited to cases in which the integrity, character or
motives are questioned or where the welfare of the City Council is concerned. A Council
Member raising a point of personal privilege may interrupt another Council Member who has
the floor only if the Presiding Officer recognizes the privilege.
8. Protest Against Council Action. Any Council Member shall have the right to have the reasons
for his or her dissent from, or his or her protest against, any action of the Council entered in
the minutes. Such dissent or protest to be entered into the minutes may be made in the
following manner: "I would like the minutes to show that I am opposed to this action for the
following reasons...."
9. Remarks of Council Member and Synopsis of Debate. A Council Member may request
through the Presiding Officer the privilege of having an abstract of his or her statement on any
subject under consideration by the Council entered in the minutes. If the Council consents
thereto, such statement shall be entered in the minutes.
B. Rules of Decorum.
1. Council Members. While the City Council is in session, the members must preserve order and
decorum. Each Council Member shall conduct himself/herself with decorum and shall neither,
by conversation or otherwise, delay nor interrupt the proceedings or the peace of the City
Council, nor disturb any member while speaking or refuse to obey the orders of the Presiding
Officer.
a. Each Council Member has the duty to:
i. Respect and adhere to the American ideals of government, rule of law,
principles of public administration, and high ethical conduct in the
performance of public duties.
ii. Represent and work for the common good of the City and not for any private
interest.
iii. Refuse to accept gifts of favors or promises of future benefits which might
compromise or tend to impair independent judgment or action.
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iv. Provide fair and equal treatment for all persons and matters coming before the
City Council.
V. Learn and study the background and purpose of important items of business
before voting.
vi. Faithfully perform all duties of office.
vii. Refrain from disclosing any information received during any closed session of
the City Council held pursuant to state law.
viii. Decline any employment incompatible with public duty.
ix. Refrain from abusive conduct, personal charges or verbal attacks upon the
character, motives, ethics, or morals of other members of the City Council, City
commission, committee or board, City staff, or the public, or other personal
comments not germane to the issues before the City Council. Members are to
be tolerant of all views expressed at public meetings.
X. Listen courteously and attentively to all public discussions at City Council
meetings and avoid interrupting other speakers, including other members
except as permitted by established Rules of Order.
xi. Maintain the highest standards of public conduct by refusing to condone
breaches of public trust or improper attempts to influence legislation.
2. Decorum of Speakers and Members of the Audience. The Presiding Officer is responsible for
maintaining decorum during public meetings. Speakers shall direct all comments to the City
Council and not the audience. No person, whether they are present at a City Council meeting
or participating in a meeting via a two-way telephonic service or a two-way audiovisual
platform, shall engage in any willful conduct that actually disrupts, disturbs, impedes, or
renders infeasible the orderly conduct of the meeting including, but not limited to,
noncompliance with established rules of decorum, such as clapping or making sounds that
disrupt the proceeding, exceeding the speaker's time limit, or speaking out of turn. Any
person(s) engaging in such conduct shall be called to order by the Presiding Officer and, if the
conduct continues, the person(s) may be removed from the meeting. Prior to removing the
person(s), the Presiding Officer shall warn the person(s) that their behavior is disrupting the
meeting and that their failure to cease their behavior may result in their removal. The Presiding
Officer may then direct the Seargent-at-Arms to remove the person(s) if they do not promptly
cease their disruptive behavior.
For meetings conducted via teleconference or video conference: the Presiding Officer may
mute, disconnect, or remove a participant who is disruptive after issuing a warning.
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No person shall be declared out of order, prevented from speaking or barred from attending
any meeting because of any disagreement with the speaker's position or view on any matter,
because of the speaker's identity, or because of any disagreement with the content of relevant
testimony.
3. Persons Authorized to Approach the City Council Dais. No person except members of the
City Council and City staff shall enter the area between the public speakers' podiums and the
City Council dais without the consent of the Presiding Officer.
4. Enforcement of Decorum. The Chief of Police, or such member or members of the Police
Department as he/she may designate, shall be Sergeant -at -Arms of the City Council and shall
carry out all orders given by the Presiding Officer for the purpose of maintaining order and
decorum at the Council meetings. Any Council Member may move to require the Presiding
Officer to enforce the rules upon affirmative vote of a majority of the City Council.
Teleconference Disruption Policy
A teleconference disruption occurs when a technological failure prevents real-time, two-way participation by
the public or members of the legislative body, including but not limited to: the loss of internet connectivity;
audio or video failure; platform outages (e.g., Zoom, Teams, telephonic service); and the inability of the
public to provide live comment.
If a temporary disruption occurs: the Presiding Officer shall announce the disruption on the record; the
meeting shall be recessed; City staff will make a good faith effort to restore service (for up to an hour); and
no deliberation or voting shall occur during the disruption. If service is restored, the Presiding Office shall
reconvene the meeting and summarize the interruption for the record. If service is not restored, the City
Council shall vote, by roll call, as to whether good faith efforts were made and the public interest in continuing
the meeting outweighs remote access.
Ex Parte Communications
Members of the City Council shall disclose ex parte communications, if any, prior to the consideration of
quasi-judicial items and any other items where the law requires disclosure (collectively ("quasi-judicial
matter").
Members of the City Council shall not engage in any ex parte communication with any member of a board,
commission, or committee regarding any quasi-judicial matter pending, or reasonably expected to come,
before that member's board, commission, or committee.
For purposes of this policy, the term ex parte communication shall mean any oral or written communication
directed to a member which is intended, or is reasonably calculated, to influence the member's decision on
any quasi-judicial matter but does not include communications between members during deliberations prior
to a decision or communications where all interested parties or their representatives are present. The term
quasi-judicial matter shall mean the appeal of any discipline imposed on any City employee, the appeal of
any grievance filed by a City employee or employee association, or a proceeding to revoke any license,
permit, or approval granted by the City Council, any board, commission, or committee, or any City employee
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and which is pending, or is reasonably expected to come, before the City Council or any City board,
commission, or committee.
The provisions of this policy do not apply to ex parte communications between City employees and any
member of the City Council or a board, commission, or committee regarding a quasi-judicial matter which
has been submitted to, or can reasonably be expected to be heard by, the City Council, board, commission,
or committee that is considered legal advice or when the ex parte communication is initiated by the member
and requests only background information available to members of the general public.
City Council Voting Procedures
A. Voting Procedure. Any vote of the City Council, including a roll call vote, may be registered by the
members raising their hands or by answering "Yes" for an affirmative vote, "Abstain" for an
abstention, or "No" for a negative vote upon the member's name being called by the City Clerk, or by
the Presiding Officer. Following the vote, the City Clerk shall audibly announce the results of the vote
by name indicating whether the question carried or was defeated. The same shall be recorded in the
minutes as the vote. The Presiding Officer in his/her discretion may publicly explain the effect of a
vote for the audience, or he/she may direct a member of the City staff to do so, before proceeding
with the next item of business.
B. Substitute Motions and Amendments to Motions. A Council Member may move to substitute a new
motion for the original motion; however, an amendment to a motion is preferred for minor changes
rather than a substitute motion. Only one substitute motion shall be made to replace the original
motion, and the City Council shall vote on the substitute motion first. If the substitute motion passes,
the original motion is replaced. If the substitute motion fails, the original motion is considered. If both
the original and substitute motion fail, a Council Member may make a new motion for consideration
by the City Council.
C. Disqualification for Conflict of Interest. Any Council Member who is disqualified from voting on a
particular matter because of a Political Reform Act, Levine Act, or other conflict of interest, shall
publicly state the nature of such disqualification in an open meeting. Except for Consent Calendar
items, a Council Member who is disqualified by reason of a conflict of interest on any matter shall
not remain in his or her seat during the debate and vote on such matter but shall request and be given
the permission of the Presiding Officer to step down from the City Council dais. If the conflict
involves a matter on the Consent Calendar the Council Member must announce the nature of the
conflict, refrain from participating on the item, but may remain present at the City Council dais. A
Council Member stating such disqualification shall not be counted as a part of a quorum and shall be
considered absent for the purpose of determining the outcome of any vote on such matter.
D. Failure to Vote. Every Council Member should vote unless they are disqualified from voting. The
vote of Council Member who abstains, absent a disqualifying conflict of interest, shall be counted
with the majority vote of the quorum on the question voted upon.
E. Tie Vote. Tie votes shall be considered a lost motion and may be reconsidered by the City Council.
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F. Changing ote. A Council Member may change his/her vote only if the Council Member makes a
timely request to do so immediately following the announcement of the vote by the City Clerk and
prior to the time that the next item of business is taken up.
G. Reconsideration. A motion to reconsider any action taken by the City Council at either the current
meeting or the previous meeting may only be made by a Council Member who voted on the prevailing
side. A motion for reconsideration requires a second, which may be made by any Council Member,
regardless of how they originally voted.
Closed Session Agenda
The closed session agenda shall be prepared by the City Attorney, and the City Attorney may place an item
on the agenda at the City Attorney's discretion. Any member of the City Council may place an item on the
Closed Session Agenda for consideration by submitting a title or topic sufficient to satisfy the requirements
of the Brown Act to the City Attorney on or before 5:00 p.m. on the Wednesday preceding the meeting at
which the item is to be considered. The closed session agenda shall strictly conform to the format specified
in the Brown Act. The City Attorney shall prepare a written report, or give an oral report, of any action taken
in Closed Session that is required to be reported in open session by the Brown Act.
Selection of Mayor and Mayor Pro Tem
Section 404 of the City Charter provides for the selection of the Mayor and the Mayor Pro Tem by the City
Council. This section provides that a Mayor and a Mayor Pro Tem shall be selected at least as often as Council
elections are held and that the Mayor and Mayor Pro Tem shall serve at the pleasure of the City Council. It
is the policy of the City Council that the Mayor and the Mayor Pro Tem election shall occur every year at the
December meeting.
Seating Arrangement for City Council
Each year, following the selection of the Mayor, members of the City Council shall be seated at the City
Council table with senior Council Members having first choice of seats. The Mayor, however, shall be seated
in the center of the City Council table and the Mayor Pro Tem shall always be seated immediately next to
and to the right of the Mayor. In the event of equal seniority among members of the City Council, selection
of City Council seats shall be made by the Council Member who received the highest margin of victory
percentage in the most recent election.
City Council Correspondence
The City Clerk is authorized to open and examine all mail or other written communications addressed to the
City Council and to immediately give a copy to the City Manager. The City Manager shall give immediate
attention to administrative business referred to in the communication that does not require City Council action
and may be promptly concluded or shall prepare a staff report for the next available City Council meeting.
Except as otherwise permitted by law, all mail or written communications from the public, residents, or
applicants shall be submitted to the City Council by 5:00 p.m. on the Monday immediately prior to the
meeting at which the City Council will consider the item that is the subject of the mail or written
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communications to allow time for the City Council to adequately consider the mail or written
communications.
Ordinances, Resolutions and Contracts
A. Ordinances, Resolutions and Contracts. All ordinances, resolutions, and contracts shall be prepared
by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered
by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the
City Attorney on his/her own initiative.
B. Prior Review by Administration Staff. All ordinances, resolutions, and contract documents shall,
before presentation to the City Council, be reviewed by the City Manager or his/her designee.
C. Reading of Adopted Ordinances. If a motion to waive reading of all ordinances has been adopted at
the beginning of the Council meeting, the City Clerk will read the adopted ordinances by title only.
Preparation and Reading of Minutes
The City Clerk shall have exclusive responsibility for preparation of the minutes, and any directions for
changes in the minutes shall be made only by majority action of the City Council. Unless the reading of the
minutes of a City Council meeting is ordered by a majority vote of the City Council, such minutes may be
approved without reading if the minutes were previously made available to the City Council and the public.
Recording of Open Meetings
A. All regular meetings of the City Council shall be recorded.
B. Any person attending an open and public meeting of the City Council shall have the right to record
the proceedings with an audio or video tape recorder or a still or motion picture camera unless the
City Council determines, based upon evidence in findings made by the Mayor, that continued
recording would create noise, illumination, or view obstruction problems that are disrupting or would
disrupt the proceedings. The Mayor may impose conditions on any recordation, which in the absence
of the conditions, would disrupt the proceedings.
C. Any audio tape or video record of any open and public meeting made by or at the direction of the City
Council shall be subject to inspection pursuant to the California Public Records Act (Sections 6250
et seq. of the Government Code). If a City Council meeting has simultaneously recorded audio and
video, the audio recording may be destroyed after the City Council meeting minutes for that meeting
have been approved by the City Council and the video recording has been uploaded to the document
imaging system. Any person may inspect a video or audio recording without charge on a recorder
made available by the City of Newport Beach.
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Expressions of Official City Position or Policy
Council Members are authorized to convey information to the public as provided for by Council policy; by
law; that is factual in nature, (e.g., about City programs, projects, and other City business); as well as official
positions and policies of the City that have been approved by the City Council as a body. If a member of the
City Council desires that a particular official City position or policy be established or expressed on a given
issue, not previously approved by the City Council, the Council Member shall submit their recommendations
on said position or policy to the entire City Council as provided in this policy, for evaluation and disposition
as the City Council sees fit.
Except as provided in this policy, any Council Member who wishes to communicate a statement or opinion
regarding any matter which the City Council has not taken an official position on shall ensure that said
statement or opinion cannot be construed by the public as being an official position or policy of the City.
When communicating such opinion or statement, a Council Member shall not use City equipment, City email
addresses, or City stationery. Additionally, such communications shall make it clear that the Council Member
is expressing their own personal opinion. The City Council finds this policy furthers an important public
purpose by ensuring the public does not confuse personal opinions expressed by Council Members with
official expressions of City policy.
Use of City Stationery and Email
Members of the City Council are authorized to use City stationery and email when corresponding on matters
relating to official City business. Correspondence shall identify the author of the correspondence and email.
Use of City stationery or email for private personal matters or statements of personal opinion is not permitted.
The style and content of City stationery utilized by individual City departments shall be approved by the City
Manager to minimize the number of styles and promote use of a City-wide standard.
Private Digital Communications
Digital communication(s) by a Council Member on a Digital Communication Platform, as that term is defined
in Council Policy D-5, that is owned or controlled by a Council Member or a third -party (i.e., someone other
than the City) and which discusses matters within the subject matter jurisdiction of the City Council, shall be
deemed to be made in their personal capacity. Digital communications by a Council Member through a
Digital Communication Platform owned or controlled by the Council Member or a third -party that discusses
City matters shall make it clear that the Council Member is not speaking on behalf of the City (i.e., "views
expressed are my own"). All social media platforms owned or controlled by the Council Member that
discusses City matters shall contain a notice that they are the personal page of the Council Member.
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History
Adopted A-1—
2-09-1959 ("Seconds to Motions")
Adopted A-3 —
2-09-1959 ("Seating of Councilmen")
Adopted A-6 —
11-13-1967 ("Recording of Meetings")
Amended A-1 and A-3 — 11-12-1968
Reaffirmed A-1,
A-3, and A-6 — 3-9-1970
Reaffirmed A-1,
A-3, and A-6 — 2-14-1972
Adopted G-3 —
5-8-1972 ("City Council Instructions to Staff')
Adopted A-10 —
8-21-1972 ("Procedural Rules for Council Meetings", and incorporating A-1 and A-3)
Amended A-10
— 11-24-1975
Amended A-6 —
6-13-1977
Amended A-6 —
10-25-1977
Amended A-10
— 11-28-1977
Amended A-10
— 7-24-1978
Amended A-10
— 9-11-1978
Amended A-10
— 11-27-1978
Adopted A-13 —
2-12-1979 ("Use of City Stationery by Councilmen")
Amended A-10
— 10-23-1979
Amended A-10
— 11-12-1979
Amended A-10
— 7-28-1980
Amended A-6 & A-10 — 2-9-1981
Deleted A-3 — 2-9-1981
Amended A-1 —
10-25-1982
Amended A-10
— 6-25-1984
Amended A-10
— 10-22-1984
Adopted A-1 —
11-20-1984 ("Election of Mayor and Mayor Pro Tem")
Amended A-10
— 6-24-1985
Amended A-10
— 3-24-1986
Amended A-10
— 1-12-1987
Amended A-10
— 5-26-1987
Amended A-10
— 11-28-1988
Amended A-10
— 11-27-1989
Amended A-13
— 1-8-1990
Amended A-10
— 8-13-1990
Amended A-10
— 10-22-1990
Amended A-10
— 6-28-1993
Adopted A-11 —
1-24-1994 ("Recording of Council Meetings")
Amended A-6 —
1-24-1994 (renamed to "Open Meetings")
Amended A-1 —
1-24-1994
Amended A-13
— 1-24-1994 (changed to A-8)
Amended A-6 and A-10 — 3-28-1994
Amended A-6 —
6-27-1994
Amended A-6 —
12-12-1994
Amended A -I I
— 2-27-1995
Amended A-10
—10-09-1995
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Corrected A-1 & A-8 — 2-26-1996
Amended A-10
— 2-26-1996
Amended A-6 —
2-26-1996
Adopted A-13 —
5-28-1996 ("Decorum and Order for City Commissions, Committees and Boards")
Amended A-6—12-9-1996
Amended A-1 —
2-24-1997
Adopted A-15 —
11-10-1997 ("Ex Parte Communication")
Amended A-6 —
5-26-1998
Adopted A-16 —
6-22-1998 ("Conflict of Interest Procedures")
Amended A-6 —
3-14-2000
Amended A-6 —
2-27-2001
Amended A-6 —
3-27-2001
Amended A-6 and A-10 — 8-28-2001
Amended A-6 —
1-27-2004
Amended A-6 —
3-09-2004
Amended A-6 —
3-28-2006
Amended A-6 —
2-26-2008
Amended A-6 —
10-27-2009
Amended A-6 —
12-6-2010
Amended A-6 & A-10 — 2-22-2011
Amended A-6 —
11-27-2012
Amended A-6 and A-10 — 1-8-2013
Amended A-6 —
5-14-2013
Adopted A-3 —
5-14-2013 ("Request for Research or Information")
Amended A-11
— 5-13-2014
Amended A-6 —
6-9-2015
Adopted A-20 —
7-14-2015 ("Expression of Official City Position")
Amended A -I I
— 4-12-2016
Amended A-13
— 1-24-2017
Amended A-1
— 8-8-2017 (incorporating A-3, A-6, A-8, A-10, A-11, A-13, A-15, A-16, and A-20, and
renaming to
"City Council")
Amended A- I —
1-22-2019
Amended A-1 —
7-14-2020
Amended A-1 —
4-27-2021
Amended A-1 —
2-14-2023
Amended A-1 —
5-14-2024
Amended A-1 —
2-24-2026
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BOARDS, COMMISSIONS & COMMITTEES
Service on City Boards, Commissions, and Committees is one of the principal means by
which residents participate in the conduct of City government. The City is fortunate to
have highly skilled, educated and experienced residents that are willing to selflessly
donate their time and resources to positively contribute towards the betterment of our
city. This Policy prescribes the rules, guidelines, and ideals that govern our City's Boards,
Commissions, and Committees.
Board, Commission, & Committee Formation Process
A. Boards and Commissions shall be established by City Charter or ordinance of the
City Council. Committees shall be established by resolution of the City Council in
accordance with this policy.
B. Boards, Commissions, and Committees shall be designated either 1) Permanent;
2) Standing; or 3) Ad Hoc. Boards, Commissions, and Committees having a
definite termination date may be extended by City Council action.
C. With the assistance of the City Attorney, all Boards, Commissions, and
Committees shall determine if the Ralph M. Brown Act applies and, if applicable,
comply with its provisions.
D. All Boards, Commission, and Committee meetings open to the public shall include
an opportunity for public comments and questions.
Types of Boards, Commissions, & Committees
Boards and Commissions (Permanent)
These shall consist of citizens with a staff liaison pursuant to the enabling City Charter
section or ordinance. Appointments are made pursuant to this policy.
City Council Committees (Standing or Ad Hoc)
These shall consist of City Council Members as prescribed by the enabling resolution.
Annually, the Mayor shall appoint the City Council Members subject to confirmation by
the full City Council.
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City Council/Citizens' Committees (Standing or Ad Hoc)
These shall consist of City Council Members, citizens, and City staff as prescribed by
enabling resolution. Annually, the Mayor shall appoint City Council Members to these
Committees subject to confirmation by the full City Council. Appointment of citizens and
staff members to these Committees shall be addressed in the respective enabling
resolution.
Citizens' Advisory Committees (Standing or Ad Hoc)
These shall be comprised solely of citizens with perhaps a City Council or staff liaison.
Appointments generally shall be made annually by the Mayor subject to confirmation by
the full City Council. However, the enabling resolution may provide that appointees
represent each of the Council Districts in which case appointments shall be made by
individual City Council Members for their respective Council Districts, subject to
confirmation by the full City Council.
Joint Governmental Committees (Permanent or Standing)
These are committees comprised of representatives from several governmental agencies.
Representatives on these committees can be either City Council Members or City staff.
Appointment to joint governmental committees shall be made annually by the Mayor
subject to confirmation by the full City Council.
City Staff Committees (Permanent, Standing, or Ad Hoc)
These are comprised of staff members designated by their job title as prescribed by
enabling resolution.
Member Appointment Process
New Boards, Commissions, or Committees - Citizen Appointment
Unless otherwise provided in the formation ordinance or resolution, the City Clerk shall
advertise in a newspaper of general circulation the opportunity for citizens to be
appointed to a new Board, Commission, or Committee and the application procedure.
Final appointments shall not be made for at least ten (10) working days after the posting
of the vacancy notice.
Annual Appointment List
On or before December 31 of each year, the City Clerk shall, consistent with the Maddy
Act (Cal. Gov. § 54972), prepare a list of all appointive terms of Boards, Commissions,
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and Committees which will expire during the next calendar year, with the name of the
incumbent appointee, the date of appointment, the date the term expires, and the
necessary qualifications for the position. Also, the City Clerk shall list all Boards,
Commissions, and Committees whose members serve at the pleasure of the City Council,
and the necessary qualifications of each position. The list shall be posted in the City's
normal posting location for agendas, as well as the Newport Beach Public Library located
at 1000 Avocado Avenue.
Qualifications
Appointees to Boards, Commissions, and Committees shall be electorates and residents
of the City, unless an exception is set forth in the enabling ordinance or resolution.
The City Clerk shall maintain a file of candidates for Board, Commission, and Committee
appointments, which shall be reviewed each year by the City Clerk to ensure that those
applicants are still available and eligible for appointments. Applications shall be retained
in the active file for two (2) full years; thereafter they will be destroyed.
Vacancies
Approximately two (2) months prior to a scheduled vacancy, the City Clerk shall prepare
and submit to a newspaper of general circulation information relating to the vacancy
including meeting dates and times; Board, Commission, or Committee functions; the
method of obtaining and submitting applications; and establishing a date prior to June 1
as the last date to submit applications. The City Clerk shall notify each applicant of the
receipt of their application.
Consistent with the Maddy Act (Cal. Gov. § 54974), within twenty (20) days after an
unscheduled vacancy occurs on a Board, Commission or Committee, a special vacancy
notice shall be posted in the City Clerk's office, and other locations as directed by City
Council. Additionally, the City Clerk shall prepare and submit information relating to
the vacancy including meeting dates and times, and the Board, Commission or
Committee application procedure. Final appointments (other than emergency
appointments) shall not be made for at least ten (10) working days after the posting of the
vacancy notice.
Pursuant to Charter Section 705, if an unscheduled vacancy occurs within six (6) months
from the expiration of the term, the City Council has the discretion to appoint a
replacement to serve the balance of the unexpired term plus one (1) full term.
Board, Commission, and Committee appointees may be replaced after three (3)
consecutive unexcused absences from meetings.
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Periodically, situations may arise wherein due to the occurrence of a number of
simultaneously scheduled Board, Commission, or Committee vacancies, it may be
appropriate to make certain adjustments in the advertising and recruitment procedures,
which are regularly utilized to fill these vacancies. In these cases, the City Council may
make any necessary adjustments by majority vote at a regular public meeting.
When vacancies occur, the City Council shall make every effort to appoint the best -
qualified person to serve the interest of Newport Beach. The City Council should only
appoint a person who has filed an application for appointment with the City Clerk no
later than five (5) days prior to the date on which the City Council nominates candidates
for positions. Generally, the application serves as the basis for determining if the person
is a qualified elector and resident of the City, has no conflict of interest that would prevent
the applicant from serving, and otherwise satisfies the criteria for appointment specified
in the City Charter and any relevant ordinance, resolution or City Council Policy. In
determining whom to appoint to a Board or Commission, the City Council seeks diversity
of opinions and discourages the appointment of persons to Boards and Commissions
who: 1) in their professional capacity supervise or are supervised by another member of
the same Board or Commission; or 2) are a member of the same family as another member
of the same Board or Commission. Also, the City Council prefers that members of Boards,
Commissions, and Committees represent different geographical areas of the City, but the
location of a person's residence shall only be a consideration when applicants are
otherwise equally qualified.
Limit on Service
To afford the maximum opportunity for citizen service, no person shall be eligible for
appointment to any one (1) City Board, Commission, or Committee for more than two (2)
consecutive four (4) year terms, exclusive of a prior appointment to fill an unexpired
term. Appointees shall serve on only one (1) standing City Board, Commission, or
Committee at any time.
Optional Ad Hoc Appointments Committee
Unless an alternative appointment procedure is provided in the formation ordinance or
resolution, at such time when an appointment to a Board, Commission, or Committee is
necessary, the Mayor, at his/her discretion, may establish an ad -hoc Appointments
Committee composed of three (3) Council Members. If appointed by the Mayor, the ad -
hoc Appointments Committee's duties are as follows:
A. Review all applications for positions to City Boards, Commissions, and
Committees. The ad -hoc Appointments Committee will review applicant answers
to all questions contained in the application;
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B. Conduct any necessary interviews with individual applicants; and
C. Make a recommendation to the full City Council on the appointment of a
candidate(s) the ad -hoc Appointments Committee believes is most qualified for
each Board, Commission, or Committee vacancy.
The ad -hoc Appointments Committee, in conducting their review of applications and
interviews with the individual applicants, if any, should attempt to determine if there
exists a potential conflict of interest, which might interfere with the performance of the
applicant's duties in an impartial manner free from bias. It is generally recognized that
from time to time it is possible for any individual to have a conflict on any one (1) given
issue; however, the ad -hoc Appointments Committee should endeavor to avoid
recommending appointments of applicants with a substantial conflict of interest, which
would require repeated disqualification from voting on issues that are likely to come
before the Board, Commission, or Committee.
If no alternative appointment procedure is provided in the formation
ordinance/resolution, and if the Mayor does not form an ad -hoc Appointments
Committee, the City Clerk shall review all applications and submit all qualified
applicants to the City Council for consideration at an open and noticed meeting.
Voting Procedure
A. If possible, the City Council should vote on all appointments and seats on each
Board, Commission, and Committee simultaneously. The voting will be by paper
ballot, and the City Clerk will tabulate and announce the results, including the
vote tally.
B. Each member of the City Council will cast the number of votes as indicated on the
paper ballot for each seat from the list of the nominees. To be appointed, the
nominees must receive at least four (4) votes.
C. For Boards, Commissions, and Committees with two (2) vacancies, if two (2) of the
nominees receive four (4) or more votes, they will be automatically appointed.
D. If there is a tie vote, ballots will be distributed to the Council Members to vote for
the tying candidates only.
E. If no one receives four (4) votes, nominees receiving zero (0) or one (1) vote will be
dropped and the City Council will cast two (2) votes from the list of the remaining
nominees, and the determination will be made as previously stated.
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City Clerk Responsibilities
The City Clerk shall also be responsible for the following functions associated with Board,
Commission, and Committee appointments:
A. Preparation of letters for the Mayor's signature notifying successful candidates of
their appointment.
B. Preparation of letters for the Mayor's signature notifying unsuccessful candidates
for appointment.
C. Preparation of letters for the Mayor's signature thanking outgoing members for
their service.
If established, once the final appointments are made by the City Council, the ad -hoc
Appointments Committee will be dissolved.
Business Improvement District Appointments
The appointment of Business Improvement District advisory boards or the designation
of an owners' association is exempt from this policy but shall be consistent with the
California Streets and Highways Code.
Decorum and Order
Board, Commission, and Committee deliberations and actions should be conducted in an
atmosphere free from personal animosity and hostility. Each member of a Board,
Commission, and Committee has the duty to:
A. Respect and adhere to the American ideals of government, rule of law, principles
of public administration, and high ethical conduct in the performance of public
duties.
B. Represent and work for the common good of the City and not for any private
interest.
C. Refuse to accept gifts, favors, or promises of future benefits which might
compromise or tend to impair independent judgment or action.
D. Provide fair and equal treatment for all people and matters coming before the
Board, Commission, or Committee.
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E. Learn and study the background and purpose of important items of business
before voting.
F. Faithfully perform all duties of office.
G. Refrain from disclosing any information received confidentially concerning the
business of the City or received during any closed session of the Board,
Commission, or Committee held pursuant to state law.
H. Decline any employment incompatible with public duty.
I. Refrain from abusive conduct, personal charges, or verbal attacks upon the
character, motives, ethics, or morals of other members of the Board, Commission,
or Committee, City staff, or the public, or other personal comments not germane
to the issues before the body. Members are to be tolerant of all views expressed at
public meetings.
J. Listen courteously and attentively to all public discussions at Board, Commission,
or Committee meetings and avoid interrupting other speakers, including other
members except as permitted by established Rules of Order.
K. Faithfully attend all sessions of the Board, Commission, or Committee unless
unable to do so for some compelling reason or disability.
L. Maintain the highest standards of public conduct by refusing to condone breaches
of public trust or improper attempts to influence legislation.
If a Board, Commission, or Committee member cannot abide by these provisions, he/she
should submit a letter of resignation or be removed from office by action of the Mayor
and City Council.
Ex Parte Communications
Members of Boards, Commissions, and Committees shall disclose ex parte
communications, if any, prior to the consideration of quasi-judicial items and any other
items where the law requires disclosure (collectively "quasi-judicial matters").
Members of Boards, Commissions, or Committees shall not engage in any ex parte
communication with any members of the City Council or other Board, Commission, or
Committee members regarding any quasi-judicial matter pending, or reasonably
expected to come, before that member's Board, Commission, or Committee.
For purposes of this policy, the term ex parte communication shall mean any oral or
written communication directed to a member which is intended, or is reasonably
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calculated, to influence the member's decision on any quasi-judicial matter but does not
include communications between members during deliberations preliminary to a
decision or communications where all interested parties or their representatives are
present. The term quasi-judicial matter shall mean the appeal of any discipline imposed
on any City employee, the appeal of any grievance filed by a City employee or employee
association, or a proceeding to revoke any license, permit, or approval granted by the
City Council, any Board, Commission, or Committee, or any City employee and which is
pending, or is reasonably expected to come, before any City Board, Commission, or
Committee.
The provisions of this policy do not apply to ex parte communications between City
employees and any member of a Board, Commission, or Committee regarding a quasi-
judicial matter which has been submitted to, or can reasonably be expected to be heard
by, the Board, Commission, or Committee that is considered legal advice or when the ex
parte communication is initiated by the member and requests only background
information available to members of the general public.
Minutes
Written minutes, upon approval of the Board, Commission, or Committee, constitute the
official record of its activities. Minutes will be prepared for all public meetings by City
support staff and distributed to the entire member body for review prior to official
approval. Additions or corrections to the minutes are made at public meetings upon
official Board, Commission, or Committee approval. Member requests for inclusion on
the record of a specific action or comment shall be recorded at the next publicly noticed
meeting.
Recording of Open Meetings
A. Open and public meetings of Boards, Commissions, and Committees may be
audio recorded upon request of the chairperson or pursuant to any procedural
rule or by-law adopted by the Board, Commission, or Committee.
B. Any person attending an open and public meeting of any Board, Commission, or
Committee shall have the right to record the proceedings with an audio or video
tape recorder or a still or motion picture camera unless the Board, Commission, or
Committee determines, based upon evidence in findings made by the chairperson,
that continued recording would create noise, illumination, or view obstruction
problems that are disrupting or would disrupt the proceedings. The chairperson
may impose conditions on any recordation, which in the absence of the conditions,
would disrupt the proceedings.
C. Any audio tape or video record of any open and public meeting made by or at the
direction of the City of Newport Beach shall be subject to inspection pursuant to
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the California Public Records Act (Sections 6250 et seq. of the Government Code).
Notwithstanding the provisions of Section 34090 of the Government Code, any
audio or video recording of any open or public meeting of any Board,
Commission, or Committee, may be erased or destroyed one year after the taping
or recordation, excluding Planning Commission, which shall be permanently
retained. Any person may inspect a video or audio recording without charge on a
recorder made available by the City of Newport Beach.
Conflict of Interest
No member of any Board, Commission, or Committee shall, at the time of appointment
or during the term of office, hold a position or office in another entity or organization
which creates a conflict of interest with respect to the member's service on the Board,
Commission, or Committee.
Expression of Official City Position or Policy
If members of City Boards, Commissions, or Committees desire that a particular official
City position or policy be established or expressed on a given issue, they shall submit
their recommendations on said position or policy to the City Council for evaluation and
disposition as the City Council sees fit. In their interactions with the media, members of
City Boards, Commissions, and Committees shall comply with the media policies in City
Council Policy D-1.
This policy is not intended to restrict communication between Boards, Commissions, and
Committees and others on matters exclusively within the purview or responsibility of
such Boards, Commissions, or Committees, but rather is intended to avoid confusion
about the official City position or policy, which is defined as that of the City Council.
Fundraising & Contracting
A. No Board, Commission, or Committee shall have the authority to independently
raise and collect funds on behalf of itself, any other Board, Commission,
Committee, or the City. Any such funds shall be generated by and collected
through legally established nonprofit groups and organizations which are
independent of the City. An exception to this policy may be granted by the City
Council on a per project basis when circumstances justify the exception.
B. No Board, Commission, or Committee which has been established by the City
Charter or by the City Council, shall have the authority to enter into any contract
with any agency, group, entity, or individual without authorization from the City
Council.
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Use of City Stationary
Members of Boards, Commissions, and Committees are authorized to use City stationery
when corresponding on matters relating to official City business. Said correspondence
shall identify the author of the letter as such. Correspondence from individual Board,
Commission, and Committee members must have the approval of their respective Board,
Commission, or Committee. Use of City stationery for private personal matters is not
permitted.
History
Adopted A-4 - 6-28-1965 ("Boards and Commission Appointments")
Amended A-4 - 8-15-1966
Amended A-4 - 9-26-1966
Adopted A-6-11-13-1967 ("Recording of Council Meetings")
Amended A-4 - 6-10-1968
Reaffirmed A-4 & A-6 - 3-9-1970
Reaffirmed A-4 - 2-14-1972
Adopted A-9 - 5-8-1972 ("City Council Committees")
Amended A-9 - 6-11-1973
Amended A-9 - 5-12-1975
Amended A-9-12-8-1975
Amended A-9 - 6-28-1976
Amended A-9 - 8-9-1976
Amended A-4 - 7-12-1976
Amended A-9-12-13-1976
Amended A-9-1-10-1977
Amended A-9-1-24-1977
Amended A-6 - 6-13-1977
Amended A-4 - 9-12-1977
Amended A-6-10-25-1977
Amended A-4-11-28-1977
Amended A-4-12-19-1977
Adopted F-18 - 3-27-1978 ("Fund Raising")
Adopted F-19 - 4-10-1978 ("Contracts")
Amended A-4 - 6-26-1978
Amended A-9 - 9-11-1978
Amended A-4-11-27-1978
Adopted A-12-1-8-1979 ("BCC Expression of City Position")
Adopted A-13 - 2-12-1979 ("Use of City Stationary")
Amended A-4 - 3-12-1979
Amended A-9-10-1-1979
Amended A-9-11-12-1979
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Amended A-4 - 7-14-1980
Amended A-6 & A-9 - 2-9-1981
Amended A-4 - 7-27-1981
Amended A-4 & A-9-11-23-1981
Amended F-18-11-14-1983
Amended A-9-1-12-1987
Amended A-13-1-8-1990
Amended A-9-10-22-1990
Amended A-9-1-24-1994
Amended A-4-1-24-1994 (changed to A-2)
Created A-11-1-24-1994 ("Recording of City Meeting')
Reaffirmed A-12-1-24-1994 (changed to A-7)
Amended A-13-1-24-1994 (changed to A-8)
Created A-5-1-24-1994 ("Fund Raising/ Contracts", incorporating F-18 & F-19)
Amended A-9 & A-11 - 2-27-1995
Amended A-2 & A-9 - 2-26-1996
Adopted A-13 - 5-28-1996 ("Decorum and Order for BCC's")
Corrected A-5, A-7 & A-8 - 2-26-1996
Amended A-2 - 8-12-1996
Amended A-2 - 2-24-1997
Adopted A-15-11-10-1997 ("Ex Parte Communication")
Amended A-9 - 5-26-1998
Adopted A-16 - 6-22-1998 ("Conflict of Interest Procedures")
Amended A-2 - 3-22-1999
Amended A-2 - 7-12-1999
Amended A-2 - 9-27-1999
Amended A-2 - 3-14-2000
Amended A-2 - 5-8-2001
Amended A-2 - 4-23-2002
Amended A-2 - 5-14-2013
Amended A-11 - 5-13-2014
Amended A-2 & A-9 - 5-12-2015
Amended A-11 - 4-12-2016
Amended A-13-1-24-2017
Amended A-2 - 8-8-2017 (incorporating A-5, A-7, A-8, A-9, A-11, A-13, and A-15)
Amended A-2 - 7-26-2022
Amended A-2 - 2-24-2026
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A-12
DISCRETIONARY GRANTS
It shall be the policy of the City Council that the City of Newport Beach's ("City") budget specifically
allows the City Council to, at any time during the year, direct revenue towards worthy projects or programs
which the City Council deems beneficial to Newport Beach's resident's quality of life. The City Council
notes that it has multiple tools at its discretion to assist non-profit agencies, community groups, community
events, or enhancement projects within the city. These tools are:
A. Community Programs Grants from the General Fund;
B. Special Event Grants from the General Fund;
C. "District Discretionary Grant Accounts" from the General Fund;
D. Culture and Arts Grants pursuant to Council Policy I-10; and
E. Federal Community Development Block Grant (CDBG) Social Service Funds.
These funds shall be provided in the following manner:
CDBG Social Services funds shall be allocated according to standards set by the federal government and
appropriated at least once each year. The level of funding offered for social services in Newport Beach shall
be based upon federal formulas and the specific amount of CDBG revenue allocated to the City in any one
fiscal year. The Community Development Department shall administer these funds after City Council
approval of the funds' expenditure.
Community Programs Grants shall be expended from the General Fund in an amount up to $75,000 each
fiscal year. The City Manager's Office shall review all requests for Community Programs Grants and shall
forward recommendations for funding to the City Council for final approval. At the time of the City
Manager's presentation of any Community Programs Grant award proposals to the City Council, the City
Manager shall show which entities, if any, have received funds from the Community Programs Grant,
Special Event Grant, District Discretionary Grant, Culture and Arts Grant, or CDBG Social Services Fund
during the same fiscal year.
The City Manager or his/her designee shall follow these priorities when recommending Community
Programs Grants:
A. Local groups located within the city and offering programs to Newport Beach residents;
B. Regional groups located in Orange County and offering programs to Newport Beach residents; and
C. Groups located in California and offering programs to Newport Beach resident.
A-12
Groups not offering programs or services to local residents shall not be eligible for support from the City.
Special Events Grants are intended to allow meritorious community, social or athletic event organizers to
offset some or all of their City fees for their event. Doing so should decrease costs to the event organizer so
that beneficiaries can see even greater benefit from any fundraising associated with the events. The City
Manager or his/her designee shall, in consultation with the City Council, establish a threshold amount for
the proposed City budget that reflects adequate support for these events. The City Manager shall establish
an administrative policy for these grants. The City Manager may divide the funding into more than one
category to ensure that different types of events are fairly measured with peer events. The City Council
shall consider and approve the Special Event Grant allocations by recipient.
District Discretionary Grant Accounts. At the start of the fiscal year, the City Manager shall provide an
account for each Council District within the City Council's budget known as the District Discretionary
Grant Accounts. The City Council shall set a funding level of these accounts during the budget process
preceding the June adoption of the City's budget. Each City Council Member shall have, at his or her
discretion, the ability to allocate their District's funding to uses, projects, or community entities that benefit
the City as a whole or the City Council Member's district specifically. Any expenditure from these accounts
must have an identifiable public benefit.
Requests to expend these funds should be directed by each City Council Member to the Finance Director.
Expenditures will be reported to the City Council annually. The report will include a brief description and
the public benefit associated with each expenditure.
At the conclusion of the fiscal year in which the District Discretionary Grant Accounts received
appropriation, all unencumbered funds in the accounts shall be deposited in the City's General Fund
Reserve Account.
History
Adopted F-22 —
7-8-1985
Amended F-22
— 10-28-1991
Amended F-22
— 1-24-1994 (changed to A-12)
Amended A-12
— 5-22-2001
Amended A-12
— 6-22-2010
Amended A-12
— 9-27-2011
Amended A-12
— 5-12-2015
Amended A-12
— 4-9-2019
Amended A-12
— 12-9-2025
Amended A-12
— 2-24-2026
PJ
NEWPORT BEACH CITY COUNCIL AIRPORT AND AVIATION POLICY
A. EXECUTIVE SUMMARY
One of the City Council's primary objectives is to protect Newport Beach residents from
the adverse impacts of aircraft operations at/from John Wayne Airport (JWA). Aircraft
noise, emissions, and overflight activity represent one of the most significant long-term
threats to residents' quality of life.
The City lacks direct legal authority to regulate airport operations, but the JWA Settlement
Agreement (Settlement Agreement) remains the most restrictive in the nation and is the
City's most effective tool for limiting adverse impacts from commercial operations. The
City Council will continue to prioritize the maintenance of the curfew and the protections
that the Settlement Agreement provides.
The City will also advocate for community engagement in the planning and
implementation of Advanced Air Mobility (AAM) technologies, including Electric
Vertical Take Off and Landing (eVTOL) aircraft and expanded drone usage, and work to
minimize the impacts of AAM operations on residents' quality of life.
B. LEGAL FRAMEWORK
The City Council understands that aircraft operations and airport regulation are primarily
governed by federal law.
1. Federal Aviation Administration.
The Federal Aviation Administration (FAA) has exclusive authority to regulate
aviation safety, efficiency and designated United States airspace, thereby preempting
local or City control over flight paths and altitudes.
2. John Wayne Airport and the 1985 Settlement Agreement.
The existing restrictions set forth in the Settlement Agreement, as amended, predate
the Airport Noise and Capacity Act of 1990 (ANCA). Hence, the existing restrictions
under the Settlement Agreement are grandfathered under federal law. While the parties
to the Settlement Agreement can agree to amend it, any amendment thereto cannot
place additional restrictions on JWA airport operations.
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3. Airport Noise and Capacity Act.
ANCA severely limits new noise or access restrictions on modern aircraft. To impose
any new restriction, an airport operator (the County) must provide substantial evidence
that proposed measures (e.g., limits on operations, noise, etc.) are reasonable and do
not unjustly discriminate. Specifically, under 14 Code of Federal Regulations Part 161
(Part 161), any proposed mandatory restriction on noise/capacity (such as flight caps
or curfews) must meet the following six statutory criteria:
a. The restriction is reasonable, non -arbitrary, and non-discriminatory;
b. It does not create an unreasonable burden on interstate or foreign commerce;
c. It maintains safe and efficient use of navigable airspace;
d. It does not conflict with any existing federal statute or regulation;
e. There has been an adequate opportunity for public comment; and
f. It does not create an unreasonable burden on the national aviation system.
4. Grant Assurances.
Airports receiving federal grants must sign "grant assurances" that legally obligate
them to keep the airport open to public use on fair and reasonable terms without unjust
discrimination.
C. POLICY
1. Obiective.
The City Council's objective is to minimize the adverse impacts of JWA operations on
Newport Beach residents and ensure that emerging Advanced Air Mobility (AAM) and
other technologies are implemented safely and in a manner that protects privacy and
quality of life.
2. JWA Settlement Agreement.
As a signatory, the City shall prioritize the protections afforded by the Settlement
Agreement consistent with this policy.
3. JWA Facilities and Operations.
The City shall continue to oppose any changes to facilities or operations that negatively
impact Newport Beach residents including:
a. A second air carrier runway or runway extension.
b. Any modification to the noise curfew.
c. Through -the -fence operations.
d. Port of Entry designation by U.S. Customs and Border Protection.
e. Changes to the existing general aviation activity levels, facilities, the County's
General Aviation Improvement Program, land -use map, and General Aviation
Noise Ordinance.
f. Limitations on the Remote Monitoring System and public access to noise data.
Also, the City may evaluate feasible operational or technological measures to reduce
impacts, including higher departure altitudes, strict adherence to FAA -approved
departure routes, use of quieter Noise Abatement Departure Procedures (e.g., NADP-
1), and encourage the adoption of quieter and cleaner aircraft technology.
4. Advanced Air Mobility.
The City will proactively engage in AAM planning and the integration of eVTOLs and
drones to advocate for robust community engagement and coordination among the
FAA, DOT, operators and service providers, airports and Fixed Base Operators,
developers, and regional and local government.
5. Alternative Transportation Service.
Recognizing the lack of a feasible second airport in Orange County, the City shall
support efforts to accommodate regional air travel demand outside JWA, including:
a. Improved transportation connections to out -of -county airports.
b. Development or expansion of air service at other regional airports.
c. Expanded air cargo facilities at other regional airports, where appropriate.
6. Public Agency Support and Participation.
The City may continue participation in the Corridor City Coalition and advocate for
policies that:
a. Align regional transportation plans with JWA constraints.
b. Improve access to underutilized regional airports
The City will actively participate in regional planning efforts, including SCAG's
Regional Transportation Plan, and regularly engage county, state and federal officials.
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7. Community Involvement.
The City recognizes the importance of community organizations and will support
informed, constructive advocacy aligned with this Policy. The City will engage and
educate residents on matters relating to aviation and this Policy.
8. Monitoring and Reporting.
The City Manager shall coordinate implementation of this Policy and periodically
report to the City Council and Aviation Committee on:
a. Settlement Agreement compliance.
b. Regional airport and transportation planning.
c. State and federal legislative actions.
History
Adopted B-1 —
2-14-1972 ("Airport Land Use Commission for Orange County")
Reaffirmed B-1
— 12-10-1973
Reaffirmed B-1
— 11-11-1974
Amended B-1 —
10-14-1975 (renaming "Orange County Airport")
Amended B-1 —
11-27-1978
Created B-2 — 11-27-1978
("Airport Land Use Commission for Orange County"/same as B-1)
Amended B-1 —
10-14-1980
Amended B-1 —
7-27-1981
Amended B-1 —
9-27-1982
Amended B-2
— 9-27-1982 (renaming "Limitations of John Wayne Airport and Promotion of a
New Regional Airport")
Amended B-1—3-14-1983
Amended B-1 —
5-23-1985
Amended B-1 and B-2 — 12-9-1985
Amended B-1 and B-2 — 10-22-1990
Amended B-2 —
7-13-1992
Amended B-1 —
12-13-1993 (incorporating B-2)
Amended B-1 —
2-27-1995
Amended B-1 —
3-22-1999 (changed to A-17)
Amended A-17
— 7-25-2006
Amended A-17
— 5-12-2015
Amended A-17
— 2-24-2026
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PARK FEE POLICY
Purpose
The City of Newport Beach maintains an extensive park and open space system. The
acquisition and development of our park and open space properties is funded, in part,
through the payment of park fees paid by persons or entities who subdivide properties.
The Subdivision Map Act requires park fees to be used only for the purpose of developing
new or rehabilitating existing neighborhood or community parks or recreational facilities
to serve the subdivision that paid the fees. The City is required to develop a schedule
specifying how, when and where the park fees will be used. The purpose of this Policy is
to establish the criteria to be used in deciding which facilities serve subdivision residents
and schedule whereby park fees are properly and timely committed to appropriate
projects. This policy also identifies which park serve as citywide resources.
Policy
A. Service Criteria.
The Recreation and Open Space Element of the General Plan states that
community parks and view parks serve the entire city. Community parks are
those with improvements such as community buildings, parking, swimming,
facilities for picnicking, active sports and other facilities that serve a larger
population. View parks serve as citywide resources because of their unusual
beauty and view opportunities. Neighborhood parks serve all ages and include
unique recreational facilities, such as basketball courts, tennis courts, turf areas,
active sports fields, community buildings, unique play areas. Trails serve as
healthy recreation and transportation opportunities by providing people with
attractive, safe, accessible and low- or no -cost places to recreate such as cycling,
walking, jogging and hiking. Accordingly, park fees generated by any subdivision
within the city may be used to develop new or rehabilitate existing community
parks, view parks, neighborhood parks, and those trails listed on Exhibit A.
The Recreation and Open Space Element divides the city into 12 service areas
consisting of relatively discrete residential communities. These service areas were
created for the purpose of determining whether particular geographical areas
were deficient in terms of park and recreational facilities and to identify
acquisitions or improvements which would provide residents with greater
recreational opportunities. Accordingly, park fees generated by a subdivision
within any service area may be used to create new, or rehabilitate, existing park or
recreational facilities within that service area and as provided in the Recreation
Element.
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B. Implementation Schedule.
Park fees shall be placed in the Facilities Financial Planning Reserve Fund
immediately upon receipt with a special designation as Park Fees. These funds,
after special designation, shall be used solely for the acquisition or establishment
of new, or the rehabilitation of existing, park, open space and recreational facilities.
The park fees shall also be placed on a schedule that lists the location of the
subdivision, the fees paid, the date on which the fees were paid or the date on
which building permits had been issued for 1/2 of the lots created by the
subdivision (whichever occurs later), the service area within which the
subdivision is located, the neighborhood park, recreation and open space facilities
eligible for park fees generated by that subdivision, and the date on which the park
fees must be committed to specific project of improvements. The park fees shall be
used only for the park and recreation facilities identified on Attachment A and
shall be utilized in accordance with the policies and standards specified in the
General Plan. Designations for expenditures will be made as part of the annual
budget adoption.
[Attachment - Exhibit A]
History
Adopted I-3 - 9-20-1960 ("Park Standards")
Amended I-3 - 8-30-1966
Amended I-3-11-12-1968
Amended I-3 - 3-9-1970
Amended I-3 - 2-14-1972
Amended I-3-12-10-1973
Amended I-3 - 2-25-1974
Amended I-3 - 5-9-1977
Amended I-3 - 6-13-1977
Adopted I-1 - 6-27-1994 ("Park Fee Policy")
Amended I-1 - 4-23-2002
Amended I-1- 4-8-2003 (changed to B-1)
Amended B-1- 4-13-2004
Amended B-1- 9-13-2005
Amended B-1- 8-11-2009
Amended B-1- 5-14-2013
Amended B-1- 5-12-2015
Amended B-1- 8-8-2017
Amended B-1- 2-24-2026
2
EXHIBIT A
PARK DEDICATION POLICY
IV.111 OUK811930
The following view parks serve as citywide resources by reason of their unusual beauty
and the view provided:
Back Bay View Park
Bayview Park
Begonia Park
Channel Place Park
Civic Center Park
Cliff Drive Park
Corona del Mar State Beach Park
John Wayne Park
Galaxy View Park
Inspiration Point
Irvine Terrace Park
Los Trancos (lower, middle, upper)
Canyon Watch
Harbor Watch
Castaways Park
Jasmine View Park
Kings Road Park
Lido Park
Lookout Point
Newport Island Park
Peninsula Park
Rhine Wharf Park
Sunset View Park
West Jetty View Park
Westcliff Park
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The following Community and Neighborhood Parks serve as citywide resources by
reason of the unique recreational opportunities they offer:
Arroyo Park - Lighted multi -purpose field, basketball court, picnic areas and
playground.
Bonita Canyon Sports Park - Four youth baseball fields, one multi -purpose field,
one soccer field, tennis courts, pickleball courts, basketball court, 2 playgrounds
and connecting trail to Arroyo Park.
Bonita Creek Park - Community center, playground, lighted multi -purpose fields,
and basketball court.
Buck Gully- hiking trails
Buffalo Hills Park - Basketball court, baseball/softball diamond, volleyball court,
multi -purpose fields.
Carroll Beek Community Center and Balboa Island Park - Basketball court, tot
playground and community center.
Civic Center Park - Scenic view, dog park, art sculptures, cactus garden, Civic
green, and walking trails and community room.
Coastal Peak Park - Two multi -purpose fields, playground, two picnic pavilions
and basketball court.
Community Youth Center/Grant Howald Park - Basketball court, tennis courts,
playground, community center, softball and multi -purpose field.
Eastbluff Park - Baseball diamond, multi -purpose field, playground, and view of
the Back Bay.
Harbor View Nature Park - Natural vegetation area.
Lincoln Athletic Center - Gymnasium, lighted baseball/ softball diamond and
multi -purpose fields.
Marina Park - Community center, sailing center, picnic area, playground,
basketball courts and fitness course.
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Mariners Park - Multi -purpose room, baseball/softball facilities, racquetball
courts, lighted tennis courts, multi -purpose fields, and an ADA equipped play
area.
Newport Coast Community Center - Gymnasium, multi -purpose facility with
classrooms
OASIS Senior Center - Multi -purpose senior facility with classrooms, large multi-
purpose room, and fitness center.
Peninsula Park - Beach sited multi -purpose field, playground (ADA compliant),
picnic and barbecue facilities, baseball/softball diamond and gazebo.
San Joaquin Hills Park - Tennis courts, pentanque courts, lawn bowling facility.
San Miguel Park - Ball diamond, athletic field, four racquetball courts, basketball
court and an ADA equipped play area.
Sunset Ridge Park - Baseball field, soccer fields, butterfly garden, scenic view and
playground.
Theater Arts Center - Ninety seat community theater.
West Newport Community Center- Gymnasium
West Newport Park - Tennis courts, racquetball courts, basketball court, and 3
playgrounds.
38th Street Park - Basketball courts and playground (ADA compliant).
Big Canyon Nature Park - hiking trails
Bob Henry Park - Multipurpose field, ball diamond, playground, picnic areas
Newport Aquatic Center - rowing, canoeing, kayaking, paddle boarding
facility
North Start Beach - aquatic center
Spyglass Hill Park - playground, picnic area
16th Street Community Center - multipurpose facility with classroom
The following Trails serve as citywide resources by reason of providing unique
recreational opportunities within the existing urban and natural environment:
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LOW
Arroyo Trail
Back Bay Trail
Balboa Island Loop
Bonita Canyon Sports Park Trail
Bonita Creek Trail Buffalo Hills Trail
Buck Gully Trail
Castaways Trail
Corona del Mar Loop
Fashion Island Loop
Newport Ridge Trail
Upper Bay Trail
I
NAMING OF CITY PARKS/PUBLIC FACILITIES & PLAQUE DEDICATIONS
The City of Newport Beach has a comprehensive program to provide park and open space to serve the
leisure and recreation needs of residents. It is desirable that appropriate names be selected for parks and
public facilities. The following guidelines shall serve as policy on this matter.
A. Suggestions for naming new or existing parks or public facilities shall be reviewed by the Parks,
Beaches and Recreation Commission with a recommendation being transmitted to the City Council
for approval.
B. New or existing park or public facilities names can be chosen from, but not limited to, the following
categories:
1. Streets or schools bordering park
2. Topography
3. Theme
4. Common names already in place for the area
5. Persons that have been deceased for at least fifteen (15) years.
C. Facility rooms or site amenities may be dedicated in honor of persons if done as part of a
capital/fundraising campaign and with the approval of the City Council.
D. Plaques for City facilities and parks shall include the City seal in a prominent position and the
following information in the specific order given:
1. Council -approved facility or park name.
2. Date of dedication (opening) or rededication.
3. City Council Members currently in office. The names and titles of the Mayor and Mayor Pro
Tem shall be first, followed by the names of the remaining Council Members in alphabetical
order. For large, multi -year projects, include the names of Council Members who were in
office at the time of project award.
4. If applicable, the names of the appropriate, current Board or Commission members.
5. Current City Manager.
1
6. The name of the appropriate, current Department Director (the director whose department is
most closely affiliated with the use of the facility) at the time of dedication or rededication.
7. If applicable, the names of key project partners, i.e., other government entities or funding
entities.
8. Optional: the names of the firms of the City's construction partners, e.g., architect, general
contractor, construction manager.
In cases of dedications of a major remodeling project or facility expansion, the existing plaques shall
continue to be displayed.
History
Adopted I-22 —
9-12-1988
Amended I-22
— 1-24-1994 (changed to I-9)
Amended I-9 —
2-27-1995
Amended I-9 —
4-8- 2003 (changed to B-9)
Amended B-9
— 5-13-2003
Amended B-9
— 8-8-2017
Amended B-9
— 10-11-2022
Amended B-9
— 2-24-2026
2
B-13
PUBLIC USE OF CITY FACILITIES
Purpose
City of Newport Beach (City) facilities, which include parks, playing fields, gymnasiums,
community rooms and swimming pools, are available to the public for civic, social, educational,
athletic, cultural activities and limited commercial use. It is the intent of this Policy to provide use
regulations and application and scheduling procedures to accommodate groups that wish to use City
facilities.
Procedure
A. Applications to use City facilities must be made on forms provided by the Recreation and
Senior Services Department (Department). Applicants must provide all information as may be
required by the Department to assure compliance with the requirements and regulations of this
Policy.
B. Applicants will be required to provide a security deposit in an amount that will promote use of
the Recreation and Senior Services facilities in an orderly manner without damage to the
facilities. Security deposits will be refunded upon inspection of facilities and confirmation
that no property damage has occurred or additional cleanup is required.
C. Applicants will be required to acknowledge that neither the City nor the Department assumes
any liability for injury or loss of personal property. Prior to the use of the facility, the
application must have approval of the Recreation and Senior Services Director or designated
representative.
D. Approval or denial of a reservation request will be provided within five working days of
receipt of a completed application.
E. Reservations for use of Department facilities may be made up to six months in advance, but no
later than ten working days before the event with the exception of park reservations which may
be made no later than five working days before the event.
F. The City is not liable for any and all accidental injury to any and all persons or loss or damage
to group or individual property. When it is deemed to be in the best interest of the general
public, the City will require the permittee to furnish a Certificate of Insurance naming the City
of Newport Beach as an additional insured. The amount of the insurance shall not be less than
$1,000,000 per occurrence of commercial general liability insurance.
G. A Facility Use Permit shall not be transferred, assigned or sublet. All Facility Use Permits will
be issued for specific facilities and for specific hours, and the premises must be vacated as
scheduled.
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H. The reservation request and rental agreement must be completed and signed by an adult age 21
and over who will attend, supervise and be responsible for the entire event or activities. Proof
of residency is required at the time of application in order to receive the resident rate. Proof of
non-profit status is required at the time of application in order to receive the non-profit rate.
I. A Facility Use Permit which authorizes the rental of facilities may be revoked for violation of any
rental policies.
Regulations andRestrictions
All uses of Department facilities will be subject to the following regulations and restrictions:
A. Use of Alcohol.
Alcoholic beverages are prohibited and shall not be permitted in or on any municipal
facilities operated by the Department, except beer and wine may be served for special
occasions at the OASIS Senior Center, Newport Theatre Arts Center (NTAC), Newport
Coast Community Center (NCCC), Civic Center Community Room (CCCR), Newport
Beach Junior Guard Center, Witte Hall, and Marina Park when done in compliance
with State of California Department of Alcoholic Beverage Control (ABC) regulations
and approved in writing by the Recreation and Senior Services Director. Approval to
serve beer and wine shall not be deemed to approve service of alcohol in violation of
Section 25604 of the Business and Professions Code. The Recreation and Senior Services
Director will require the permittee to pay City costs to provide additional security when
alcohol is served.
2. The use of alcoholic beverages is by written permission only and must be requested at the
time the facility use request is submitted. The Department reserves the right to place
restrictions on the use of alcoholic beverages in accordance with State law and these
guidelines. "Alcohol use" means the presence of any beverage that contains any amount of
alcohol.
3. Alcohol is not allowed when an event is designated for minors such as school age award
programs, birthday parties, and/or receptions.
4. When alcohol is served, there shall be a minimum of two security guards present at the
facility at all times. The guards must arrive 30 minutes before guest arrival time and remain
until the contract end time. One guard must be positioned at the entrance of the event and
one guard positioned in the event area. The parking lot must be monitored every 30 minutes.
The security guards shall have the authority to enforce all rules and regulations governing
facility rentals. In the event that the Police are called, the cost of their services shall be
deducted from the applicant's security deposit. The applicant will be billed for any costs
exceeding the security deposit.
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B-13
5. No alcoholic beverage shall be served to any person less than 21 years of age. Injuries caused
to any person as a result of alcoholic beverages being served to or consumed by someone
under the age of 21 while on the City's premises, shall be the sole responsibility of the
organization or individual renting the facility.
6. The distribution or consumption of alcoholic beverages shall be in compliance with all
applicable laws, including regulations of the ABC. Any organization using City
facilities shall be solely responsible for obtaining all permits or licenses relating to the
distribution and consumption of alcoholic beverages on the premises.
7. Alcohol may only be served by an adult 21 years of age or older. If evidence is found
that alcohol is being served that was not authorized by the Department or to a minor,
the Police will be notified and the event will be terminated and all fees and deposits
will be forfeited.
8. The City shall require the applicant to carry general liability insurance when alcohol is
available, but not sold. The City shall require a full liquor liability premium in addition
to general liability insurance when alcohol is sold in exchange for money. The cost of
the required liability insurance shall be borne by the applicant.
B. Smoking is prohibited in and on all City property including restrooms and within 100 feet of a
park, park facility or beach.
C. For all indoor facility rentals involving youth, 17 years and under, there shall be at least one
adult for every 20 minors, or increments thereof, in attendance, who shall remain in the
facility for the duration of the activity.
D. No group's activities shall interfere with the administration of the Department.
E. Non-profit 501 (c) (3) groups may use the facility for fundraising activities and charge entrance
fees and collect donations provided that a detailed plan of the event, including the expenses,
marketing plan and procedure for collecting fees, is submitted with the rental application.
F. Facilities and equipment are to be left in the same condition as they were prior to the rental.
The permittee is responsible to pay for any damage to property or loss of property. A fee equal
to total replacement cost will be charged. It shall be the responsibility of the permittee to see
that unauthorized portions of the facility are not used. Continued or repeated use of City
facilities will be contingent upon care of the facility, property and equipment, and observance
of all approved rules and regulations.
G. No gambling of any kind shall be conducted on, or in, City facilities, and the permittee shall
insure that no disorderly or illegal conduct shall be allowed in any facility.
H. The use of public address equipment will be limited to that provided by the facility, unless
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written approval has been secured by the Department through a Special Event Permit.
I. Private groups wishing to collect fees, donations or admission charges, or those using the
facility to market a product, give a presentation, or advertise their business, will be considered
commercial users.
J. The posted occupancy of City facilities shall not be exceeded.
K. Storage space will not be granted at any time.
L. Facilities are not available for reservations on the following holidays: Christmas Eve,
Christmas Day, Easter, Presidents' Day, Independence Day, Labor Day, Martin Luther King
Day, Memorial Day, New Year's Eve, New Year's Day, Thanksgiving and Veterans Day.
M. All persons using the facilities shall observe and obey regulations of this policy, the rules of
the Department and all applicable City, State and Federal laws, rules and regulations.
N. Vehicles are not permitted on park grass or fields. Parking is permitted in designated spaces.
Overnight parking is not allowed.
0. Minors must remain in the rented facility room and shall not be allowed to roam unsupervised
throughout the facility.
P. When no alcohol is served but the group size is 200 or more, one security guard may be
required, at the discretion of the Department Director.
Q. Policies and guidelines regarding caterers shall be adhered to.
R. All professional services utilized for events require a City of Newport Beach business license
and liability insurance listing the City as additionally insured.
S. Animals are not permitted within City facilities with the exception of service animals.
However, this provision shall not apply to activities or programs of the Recreation and Senior
Services Department.
Fee Classifications - Priorities of Use
Permission for use of City facilities shall be granted on a first- come first- served basis, subject to
the following priorities:
A. All official Department initiated and/or conducted activities, including those of the Friends of
OASIS at the OASIS Senior Center, and exemptions noted in City Council Policies B-5 and
B-10.
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B-13
B. All official City of Newport Beach activities.
C. All official City co -sponsored groups and/or activities such as community groups and
activities which are non-profit, self-governing, privately organized and of an educational
nature which may be brought under the sponsorship of the Department.
D. Official public agency sponsored programs and activities not included in A, B, and C above.
E. Youth Sports Commission Member Organizations.
F. Resident non-profit youth serving organizations with 50% or more of membership consisting of
Newport Beach residents.
G. Recreational, social, or civic activities of groups which are resident promoted and sponsored by
local non-profit* organizations which are open to the public and have 50% or more of
memberships consisting of Newport Beach residents.
H. Recreational or social activities of private Newport Beach residents which are not open to the public
(private parties).
I. Recreational, social, or civic activities and/or groups which are non-resident promoted and
sponsored by non-profit organizations which are open to the public, but not qualifying under D
above.
J. Schools, colleges, hospitals, and other similar civic groups not qualifying under the definition of
non-profit.
K. Others.
Non-profit status is defined as an organization that is so defined by the Internal Revenue Service,
§ 501(c) (3) and has a State ofCalifornia Tax Identification Number.
Fees, Deposits, and Cancellation Procedures
Fees may be charged for the use of City facilities and shall be established and periodically adjusted and
approved by the City Council. Fees are imposed to cover overhead, processing, deposits, maintenance, and
replacement costs for application and scheduling and maintenance of the facilities.
A. A security deposit will be required for all room rentals. All or a portion of the deposit may be
retained by the Department after inspection of the facility by the Recreation and Senior Services
Director or a designated representative and a determination that the facility has not been left clean
and/or in good repair.
B. A separate additional cleaning fee may be charged for rental of the OASIS Event Center, Newport
Coast Community Center, Community Youth Center, Civic Center Community Room, Newport
Beach Junior Guard Center, Witte Hall, and Marina Park Community Center.
C. No fee or deposit shall be charged for use of City facilities by the City of Newport Beach, or events
5
co -sponsored by the City of Newport Beach or its departments, with the exception of direct costs.
D. Cancellations for any facility other than the OASIS Event Center, Newport Coast Community
Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard
Center, Witte Hall, and Marina Park may occur seventy-two hours prior to the scheduled use of
facilities without forfeiting fees collected by the City, with exception of a City service refund
processing fee. Cancellations with less than seventy-two hour notice will be charged a cancellation
fee established by resolution of the City Council. In the event of cancellation by the City, notice
will be given as far in advance of the scheduled use as possible.
E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast Community Center,
Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center,
Witte Hall, and Marina Park that occur less than thirty days prior to the scheduled use of the
facility will be charged 25% of the rental fee. Cancellations with less than seventy-two hour notice
will be charged the entire rental fee.
History
Adopted I-5- 11-22-1962 ("Use Priorities and Fees")
Amended I-5- 3-9-1970
Reaffirmed I-5- 2-14-1972
Adopted G-4- 5-13-1974 ("Use of City Facilities")
Amended I-5- 5-28-1974
Amended I-5- 2-13-1978
Amended G-4 and I-5- 10-10-1978
Amended I-5 - 2-12-1979
Amended I-5- 5-14-1979
Amended I-5- 8-28-1979
Amended I-5- 11-26-1979
Amended G-4 and I-5- 2-9-1981
Amended I-5- 11-23-1981
Amended I-5- 10-12-1982
Amended I-5- 10-25-1982
Amended G-4 and I-5- 4-23-1984
Amended I-5- 11-28-1988
Amended I-5- 11-27-1989
Amended I-5- 3-25-1991
Adopted I-25- 5-26-1998 ("Public Use of City Facilities", and incorporating G-4 and I-5)
Amended I-25- 5-8-2001
Amended I-25- 4-23-2002
Amended I-25- 4-8-2003
Amended I-25- 7-22-2003 (changed to B-13)
Amended B-13- 9-13-2005
Amended B-13- 10-10-2006
Amended B-13- 8-11-2009
Amended B-13- 5-14-2013
B-13
Amended B-13- 5-12-2015
Amended B-13- 8-8-2017
Amended B-13 - 11-14-2023
Amended B-13- 2-24-2026
M
ECONOMIC DEVELOPMENT POLICY
Purpose
The City Council recognizes that the City's ability to deliver quality municipal services is dependent on
adequate tax revenues derived primarily from the properties and businesses located within the city. Healthy,
thriving businesses not only increase property, sales and bed taxes, but they also provide employment
opportunities that support local businesses and the strong residential property values that Newport Beach
enjoys. The City Council seeks to promote economic prosperity and growth within the city to maintain and
enhance a healthy economy, provide revenues for high quality municipal services, and infrastructure
maintenance and improvements, and preserve the unique commercial villages in Newport Beach. All of
these objectives serve the overriding purpose of protecting the quality of life of Newport Beach residents,
and the City Council recognizes the need to balance economic development objectives with protection of
the environment and the health and safety of the community.
Policy Implementation
The City Manager shall provide an effective and efficient structure for implementing economic programs,
utilizing staffing or consulting services in support of key directives from the City Council.
History
Adopted G-1 —
10-28-1968 ("Improvement in Govt. Efficiency & Economy)
Amended G-1 —
11-12-1968
Amended G-1 —
3-9-1970
Reaffirmed G-I
— 2-14-1972
Amended G-1 —
12-10-1973
Reaffirmed G-1
— 11-11-1974
Adopted F-28 —
3-22-1993 (incorporating G-1, "Economic Development Policy")
Amended F-28
— 1-24-1994 (changed to F-17)
Amended F-17
— 5-8-2001 (changed to K-10)
Amended K-10
— 6-10-2008
Amended K-10— 9-27-2011 (changed to D-9)
Amended D-9 — 8-8-2017
Amended D-9 — 2-24-2026
F-7
INCOME AND OTHER PROPERTY
The City owns and manages an extensive and valuable assortment of property including streets, parks,
beaches, public buildings and service facilities. The City also owns, ground leases, and/or operates a yacht
basin, resort hotel and apartment property, a luxury residential development, and various other income -
producing properties. Much of the income property is tidelands, filled tidelands, or waterfront. The
unencumbered fee value of income property is substantial.
As owner/manager of property, the City is the steward of a public trust, and State law requires the City to
maximize its returns on State -managed property or be subject to a charge of not protecting the public
interest. Nevertheless, the City Council recognizes the importance of this property not only as a revenue
generator, but also as a means to provide otherwise financially less feasible uses and facilities that benefit
the community.
In managing its property, the City will continually evaluate the potential of all City owned property to
produce revenue. This may include leasing or licensing unused land, renting vacant space, and establishing
concessions in recreation areas or other similar techniques. The City Council will evaluate the
appropriateness of establishing new income -generating opportunities on City controlled areas using sound
business principles and after receiving input from neighbors, users and the public.
Subject to limited exceptions, the City is required to comply with the California Surplus Land Act ("Surplus
Land Act") (Gov. Code, § § 54220-54234) before taking any action to dispose (including the long-term lease
and sale) of City property by declaring it either surplus land or exempt surplus land. Under the Surplus
Land Act, not every action involving land owned by the City constitutes a "disposition of property,"
meaning that not every use or transfer of land automatically triggers the requirements of the Surplus Land
Act. Each real property transaction will require its own analysis to determine whether the Surplus Land Act
applies and the steps the City is required to take for compliance, if any.
The policy of the City Council is that income and other property be held and managed in accordance with
the following:
A. Whenever a lease, license, management contract, concession, or similar action regarding income
property is considered by the City, an analysis shall be conducted to determine if the Surplus Lands
Act applies to the transaction, and the maximum or open market value of the property. This analysis
shall be conducted using appraisals or other techniques to determine the highest and best use of the
property and the highest income generating use of the property.
B. All negotiations regarding the lease, license, management contract, concession, or similar action
regarding income property shall include review of an appraisal or analysis of the use being
considered for the property conducted by a reputable and independent professional appraiser, real
estate consultant, or business consultant.
C. The City shall seek, whenever practical and financially advantageous, both in the short and long
term, to operate or manage all property and facilities directly with City staff or contractors, provided
staff has the expertise needed to competently do so, or to oversee the work of contractors.
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D. In most negotiations regarding the lease, license, management contract, concession, or similar action
regarding an income or other property, the City shall seek revenue equivalent to the open market
value of the highest and best use; and, whenever practicable the City shall conduct an open bid or
proposal process to ensure the highest financial return.
E. However, in some circumstances the City may determine that use of a property by the public for
recreational, charitable, or other nonprofit purpose is preferred and has considerable public support,
in which case the City may determine that non -financial benefits justify not maximizing revenue
from such property. In such circumstances, the City has a vested interest in ensuring that the lessee
of such property operates the activities conducted on or from the property in the manner that has
been represented to the City throughout the duration of any lease or contract with the City.
F. Whenever less than the open market or appraised value is received or when an open bid process is
not conducted, the City shall make specific findings setting forth the reasons thereof. Such findings
may include but need not be limited to the following:
The City is prevented by tideland grants, Coastal Commission guidelines, or other
restrictions from converting the property to another use.
2. Redevelopment of the property would require excessive time, resources, expertise and costs,
which would outweigh other financial benefits.
3. Converting the property to another use or changing the operator, manager, concessionaire,
licensee, or lessee of the property would result in excessive vacancy, relocation or severance
costs, real estate commissions, tenant improvement allowances, expenses, or rent
concessions which would outweigh other financial benefits.
4. Converting residential property to another use or opening residential leases to competitive
bid would create recompensable liabilities and other inequities for long-term residents.
5. The property provides an essential or unique service to the community, is an essential
community asset, or a clearly preferred use that enjoys substantial support in the community
that might not otherwise be provided were full market value of the property be required.
6. The property serves to promote other goals of the City such as affordable housing,
preservation of open space, uses available to the public, or marine related services.
G. Generally, lengths of licenses, leases, management contracts, concessions, or similar agreements
will be limited to the minimum necessary to meet market standards or encourage high quality
improvements and will contain appropriate reappraisal and inflation protection provisions. Also, all
agreements shall contain provisions to assure complete audits periodically through their terms.
H. All negotiations regarding the license, lease, management contract, concession, or similar action
regarding income property shall be conducted by the City Manager or his/her designee under the
direction of any appropriate City committees.
I. To provide an accurate accounting of actual net revenues generated by the City's income property,
all costs directly attributable or allocable to the management of a specific income property shall be
charged against the gross revenues collected on that property in the fiscal year the costs are incurred.
F-7
Costs so chargeable include, but are not limited to, property repairs and maintenance, property
appraisals, and consultant fees, as authorized by the City Council, City Manager, or by this Policy.
J. The City Manager or his/her designee is authorized to sign a license, lease, management contract,
concession, or similar agreement or any amendment thereto, on behalf of the City. Notwithstanding
the foregoing, the City Manager or his/her designee, or a City Council member, may refer any
license, lease, management contract, concession or similar agreement or any amendment thereto, to
the City Council for its consideration and/or action. For those agreements where less than the open
market or appraised value is received or an open bid process was not conducted, the City Manager
shall inform the City Council at least forty-five (45) days prior to extending the term of the
agreement.
K. The City's portfolio of quality income -producing properties adds an element of diversification to a
portfolio otherwise invested primarily in financial assets. Certain of those income properties are
restricted from sale by their terms of grant, state agency regulations or rules, other federal and state
guidelines, private covenant or agreement or otherwise. For those properties not so restricted from
sale, an analysis shall be prepared to determine the following prior to such income producing
property being offered for sale:
The process for complying with the Surplus Lands Act.
2. The maximum open market value of the City's interest in the property in its as is condition.
3. If the property is in an important location, a determination of the possible future
consequences of the City no longer controlling that property.
4. If the current rent is contractually low and significant rent increases are likely within a finite
period.
5. The likelihood of significant increases in the ability of the property to generate income after
the expiration of any current lease of the property.
6. The likelihood of a lease extension being requested by the tenant and the ability to
substantially increase rents or require significant improvements to enhance the utility and
the value of the property as consideration for granting such an extension.
7. The value of the revenue stream from (i) lease income over the life of an existing lease and/or
(ii) likely lease revenue if an existing lease were to be renewed or the property re -let to a
different tenant; and/or (iii) lease income from the property if it were to be converted to its
highest and best use, compared with the financial benefits of the use of the proceeds of a sale
and if, considering the totality of the circumstances, such use of the proceeds of a sale is
preferable to retaining the property in question.
F-7
History
Adopted F-24 —
7-27-1992
Amended F-24
—1-24-1994
Amended F-7 —
2-27-1995
Amended F-7 —
2-24-1997
Amended F-7 —
5-26-1998
Amended F-7 —
8-11-2009
Amended F-7 —
5-14-2013
Amended F-7 —
2-12-2019
Amended F-7 —
11-14-2023
Amended F-7 —
2-24-2026
4
W.
CITY TRAVEL POLICY STATEMENT
Purpose
To set forth the policy for official City travel for reimbursement of expenses incurred by City Council
members, appointed officials, members of special boards, commissions, committees, and employees while
traveling overnight on official City business. This policy will not apply for commuter (local) training
seminars and local City business expenses, nor is it intended to supersede Police Officer Standard Training
reimbursable travel policies established by the State of California or the Newport Beach Police Department.
The governing rule for all City travel expenses will be availability, economy, convenience, and propriety.
Travel Policy
A. The City will provide reimbursement for expenses directly related to attendance at approved
conferences, seminars, meetings, and other official functions / purposes.
B. Official travel is planned, approved, and budgeted at the department level.
C. All official travel must be approved prior to the time of the travel by the Administrative Services
Director.
D. The City Manager will adopt and enforce administrative procedures that assure that all City
authorized travel is:
1. Paid directly by the City or reimbursed to the traveler based on actual, itemized expenses or
covered by per diem payment.
2. The City's per diem rate for Meals and Incidental Expenses (M&IE) will be equal to the
U.S. General Services Administration's (GSA) M&IE rates. (www.GSA.gov).
Procedure
A. Each Department Director will include all planned trips in the department's annual budget requests.
The Travel Authorization Form will be used as a planning/cost estimation guide. For unbudgeted,
unplanned travel, the same form will be prepared at the time travel is requested.
B. All requests for travel advances will include the original Travel Authorization Form signed by the
Department Director.
C. The Travel Expense Claim Form will be used to file the final travel claim with the Administrative
Services Director. A copy of the Travel Authorization Form must be attached.
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F-8
Special Reimbursement Rules Related to Legislative Bodies Including City Council, Appointed
Officials, Members of'Special Boards, Commissions and Committees
The California Government Code Section 53232 et seq. provides restrictions on expense reimbursements
paid to members of legislative bodies, which include members of the City Council, appointed officials, and
members of special boards, commissions and committees created by charter, ordinance, resolution, or
formal action of the City Council. Members of a legislative body may only be reimbursed for actual and
necessary expenses incurred in the performance of official duties and their travel claims must be
accompanied by the receipts documenting each expense.
Continuity of City Government Policy
With the advent of different modes of rapid transportation, there is the possibility of accidents injuring or
killing several people simultaneously. Since Council Members are required to attend conferences,
conventions, and meetings outside City Hall, it is desirous to require that whenever possible, no more than
three members of the City Council use the same transportation at the same time.
When it comes to the Council's attention that a conference, convention, or meeting in which transportation
is required, Council Members shall try to arrange their itinerary so that no more than three members of the
City Council use the same transportation. The City Clerk will be utilized to provide alternate travel
arrangements where necessary to comply with this policy.
This policy will help ensure that there will be a continuity of City government and that there is always a
majority of Council members capable of fulfilling the responsibilities placed upon them by the City.
In addition, the City Manager, Department Directors and other key personnel should use the same guidelines
in traveling separately on official business whenever practicable.
History
Adopted A-2 —
5-13-1963 ("Authorization of Staff Trips")
Amended A-2 —
8-30-1966
Amended A-2 —
11-12-1968
Amended A-2 —
3-9-1970
Amended A-2 —
2-14-1972
Adopted A-11
— 12-10-1973 ("Council Travel)
Amended A-2 —
11-11-1974
Amended A-11
— 11-23-1981
Amended A-11
— 11-28-1988
Adopted F-25 —
6-8-1992 ("City Travel") (incorporating A-2 and A-11)
Amended F-25
— 1-24-1994 (changed to F-8)
Amended F-8 —
2-26-1996
Amended F-8 —
4-23-2002
Amended F-8 —
10-10-2006
Amended F-8 —
8-11-2009
Amended F-8 —
9-27-2011
W.
Amended F-8
— 2-12-2019
Amended F-8
— 5-25-2021
Amended F-8
—12-9-2025
Amended F-8
— 2-24-2026
F-14
CONTRACT PROCUREMENT AND AUTHORITY TO CONTRACT
Purpose
This policy sets forth requirements for contract procurement and City Council's
delegation of authority for entering into contracts. "Entering into a contract" or
"executing a contract" is synonymous with the awarding and signing of a contract and
means the formal approval of the contract terms and intent to be bound thereby.
"Contracts" includes all agreements, purchase orders, and purchase requisitions,
which is applicable regardless of whether the City is expending or receiving funds. The
types of contracts covered by this policy include, but are not limited to, settlements,
right of entry agreements, cost sharing agreements, joint defense agreements,
cooperative agreements, reimbursement agreements, grant agreements, professional
services agreements, former employee services agreements , independent instruction
and recreation contracts, public works contracts, and "as -needed" or "on -call" services
agreements.
Background
The City shall not be bound by any contract or amendment thereto, unless the same
shall be made in writing, approved by the City Council or employee designated by the
City Council; signed on behalf of the City by (i) the Mayor or by such other employees
designated by the City Council, (ii) the City Clerk, and (iii) the City Attorney (Charter
§ 421). The City Attorney shall approve the form of all contracts made by the City and
amendments thereto and all bonds given to the City, endorsing his or her approval
thereon in writing (Charter § 602(e)).
Delegation of Authority to Enter Into and Amend Contracts
The City Council hereby delegates its authority to contract to the City Manager and
through him or her to the Assistant City Manager, Department Directors, and to the
City Attorney as set out below. The City Manager has final authority to approve any
contract within the City Manager's approval limit.
All formalities required under the provisions of the Charter shall be applied to these
contracts.
The City Manager may make exceptions to the City's standard contract terms,
including but not limited to, insurance and indemnification requirements, based on
operational considerations and weighing the particular risks involved. When deciding
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whether to modify standard contract terms, the City Manager shall consult with the
City Attorney and Department Directors, as necessary. This authority shall not be
delegated below the Assistant City Manager level.
Contracts may not be written to circumvent any of the authority limits described
herein.
The City Manager shall, in consultation with the City Attorney, adopt and enforce
administrative procedures that ensure: (1) all contracts are entered into at a reasonable,
fair and competitive price to the City; (2) all necessary formalities are followed and the
requirements of federal, state, and local laws, including Council policies, are met; (3)
best accounting practices are followed; and (4) the contracting process of the City is
open and transparent, and provides accountability.
A. Authority to Enter into Contracts
The authority to enter into original contracts is delegated as set out below.
1. The City Manager
The City Manager is authorized to execute all contracts without prior
Council approval, in an amount that shall not exceed $120,000. For
contracts involving expenditure of funds, the services and the funds must
have been approved by the City Council as part of the annual approved
budget. Execution of contracts for grants and donations shall be in
accordance with City Council Policies F-3, F-25 and B-17. This authority
shall not be delegated below the Assistant City Manager level.
2. Department Directors
Department Directors, including the City Attorney and City Clerk, are
authorized to execute contracts without prior City Manager or Council
approval in an amount not in excess of $75,000. For contracts involving
expenditure of funds, the services and funds must have been approved
by the City Council or City Manager as part of the annual approved
budget. This authority may not be delegated below the Assistant or
Deputy Director level. The City Manager has authority to approve
requests for budget increases without City Council approval at the level
set forth in Policy F-3, Section E-1("Administration of the Annual Budget,
New Appropriations").
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3. City Attorney
The City Attorney is authorized to execute contracts for all services for
outside counsel, investigators, and experts related directly to and
necessary for prosecution and defense of pending litigation as defined in
the Brown Act, and for services for outside counsel, investigators, and
experts necessary to address other pending or potential legal claims or
legal issues so long as funds for outside counsel, investigators, experts
and related legal services were approved by the City Council as part of
the approved annual budget. The City Attorney shall keep Council
informed regarding any such expense that exceeds $120,000 on not less
than a quarterly basis and shall seek budget updates, if needed, within a
timely fashion. Additionally, the City Attorney shall have authority to
enter into contracts to resolve claims, litigation and other legal disputes
where the City is receiving or expending an amount not in excess of
$75,000.
B. Authority to Amend Contracts
If circumstances arise that were not reasonably foreseeable by the parties at the
time of contracting which make extra work or material necessary for the proper
completion of the service originally contracted for, a contract amendment and
corresponding increase in total contract amount may be necessary. Under those
circumstances, the City Manager, Department Directors, City Clerk and City
Attorney are authorized to amend contracts as set out below. For purposes of
this policy, "total contract amount" is defined as the total consideration paid
over the term of the agreement, including any previous amendments to the
contract. "Original contract amount" is defined as either the amount of
compensation agreed upon when the contract was first entered into or the
amount of compensation most recently approved by the City Council by
amendment, whichever is greater.
1. City Manager
Contracts within the City Manager's Contracting Authority
The City Manager may execute any contract amendment, including but
not limited to amendments to extend the term of a contract, so long as the
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total contract amount as amended does not exceed $120,000 and the term
extension does not exceed the maximum allowable contract term.
Contracts approved by City Council
The City Manager may execute any contract amendment, including but
not limited to amendments to extend the term of a contract, so long as the
total contract amount does not exceed 125 percent of the original contract
amount or the original contract amount plus an additional $120,000,
whichever amount is less, and the term extension does not exceed the
maximum allowable contract term.
2. Department Directors
The Department Director, including the City Clerk and City Attorney,
who entered into the contract or whose department is designated as the
contract administrator, may execute any contract amendment, including
but not limited to amendments to extend the term of a contract, so long as
the total contract amount as amended does not exceed $75,000 and the
term extension does not exceed the maximum allowable contract term.
3. Amendments in Cases of Possible Work Stoppage or Undesirable Delay
The City Manager is authorized to execute a contract amendment that
increases the total contract amount up to 150 percent of the original
contract amount in cases where a work stoppage or other undesirable
consequence will result if approval of the amendment is delayed until the
next City Council meeting. Within twenty-four (24) hours, the City
Manager shall notify the City Council Members of any such amendment.
4. Amendments Necessary to Address Emergency Situations
In the event of emergency work requiring an amendment to an existing
contract, the emergency contracting policy outlined below may be
followed.
Special Requirements
Competitive proposals should be obtained for service contracts whenever possible
before resorting to negotiated awards.
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A. Professional Services Contracts
Services of a professional nature shall be obtained through a qualifications
based selection process based on demonstrated competence and qualifications
for the types of services to be performed and with the objective of selecting the
most qualified consultant at a fair, reasonable and verifiably appropriate cost.
The procedures for achieving this goal shall be adopted and applied by the City
Manager in the Administrative Procedures Manual.
B. Services Contracts (Non -Professional)
The City shall select services contractors though a Request for Proposal (RFP) or
a Request for Bid (RFB) process, whichever serves the City's best interest.
Contracts through the RFB process shall be awarded based solely on pricing and
minimum qualifications to determine the most responsive and responsible
bidder. Contracts through the RFP process shall be awarded based on both
qualifications and pricing to determine the best value to the City.
C. Maintenance and Repair Service Contracts
A service contract for maintenance or repair work that is fixed or of a definite
nature (not on -call) and over the formal bid dollar amount in Charter Section
1110 must be requisitioned as a formal public works contract. For contracts not
exceeding the formal bid dollar amount, the City may select services contractors
though the RFP or RFB process, whichever serves the City's best interest based
on the service to be provided.
D. Public Works Contracts
Contracts for public works where the total expenditures for the project exceed
the formal bid dollar amount shall be awarded consistent with the provisions of
Charter Section 1110 and relevant provisions of the California Public Contract
Code.
E. Procurements and Contracts Involving Federal or Pass -Through Funding
Procurements expending funds from federal grants or awards received directly
by the City or from a pass -through agency, such as the State of California, must
comply with the provisions of Title 2 of the Code of Federal Regulations ("CFR")
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Sections 200.318 through 200.326. To ensure the City's adherence to the Federal
guidelines related to these procurements and contracts, the City Manager has
adopted procurement procedures for such projects in the Administrative
Procedures Manual.
F. Independent Instruction and Recreation Contractors
Department Directors are authorized to execute contracts with independent
contractors for instructional, educational, cultural, or recreational purposes
("Instruction and Recreation contracts') where the fees paid by the City are
based upon either a percentage of fees collected by City for a program or on a
flat rate basis for tasks performed by the contractor.
Instruction and Recreation contracts shall not exceed five (5) years in duration
and shall include a termination clause granting the City the right, at its sole
discretion and with or without cause, to terminate the contract at any time by
giving seven (7) calendar days' prior written notice.
Should fees paid under an Instruction and Recreation contract exceed $75,000
during the term of the contract, the Department Director shall provide written
notice to the City Manager identifying the program and independent contractor.
The City Manager shall give written notice to the City Council should fees paid
exceed $120,000.
G. On -Call Contracts for Services (Professional or Non -Professional)
The City Manager and Department Directors are authorized to enter into on -call
("as -needed") agreements for obtaining services, including but not limited to
professional services and maintenance and repair services, where the need for
services is contingent, does not have a set timeframe, or where the size of the job
does not warrant the expense of entering into individual agreements for each
service.
On -call services contracts shall not exceed five (5) years and shall include a
termination clause granting the City the right, at its sole discretion and with or
without cause, to terminate the contract at any time by giving prior written
notice of seven (7) calendar days. The City Manager is authorized to extend an
on -call services contract for up to six (6) months if work has been authorized or
encumbered during the initial term but not completed.
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City Council approval is required for: (1) an on -call contract that exceeds
$120,000, and (2) on -call contracts to multiple contractors stemming from a
single procurement where the combined amount of the contracts exceeds
$120,000.
On -call contracts may not be used to perform maintenance or repair work in
contravention of Charter Section 1110. For example, a project, task, job, or work
order in an amount in excess of the formal bid dollar amount in Charter Section
1110 cannot be performed under an on -call maintenance or repair services
contract but must be requisitioned as a public works project.
H. Emergencies
Services contracts obtained for purposes of responding to an emergency (as
defined in Newport Beach Municipal Code Section 2.20.020) that exceed the
signing authority of the City Manager or Department Director as authorized in
this policy shall be brought to the City Council at its next regularly scheduled
meeting for review and authorization.
I. Contracts with Former Council Members and City Employees
City Council approval is required for the following when not more than five (5)
years have passed since a person who is a former Council Member or City
employee has left service with the City:
1. All professional services contracts with former Council Member or City
employees;
2. All professional services contracts with a corporation or other business
entity owned or operated by a former Council Member or City employee
or that employs a former Council Member or City employee.
J. Exceptions to Competitive Procurement Requirements
Certain commodities and service types are unique or otherwise not amenable to
traditional procurement and bidding procedures. The City Manager shall
prescribe in the Administrative Procedures Manual alternative procedures and
methods for the procurement of such items, e.g. cooperative agreements and
piggyback agreements, and ensure that the pricing involved in the
procurements is competitive to the greatest extent possible.
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F-14
General Procedures
A. Contract Retention
The City Clerk shall retain all original executed contracts in accordance with the
City's current adopted Records Retention Schedule. Contracts shall be posted
into the City's electronic document database in order to maintain transparency
in contracting.
B. Insurance
All contracts shall be accompanied by proof of the appropriate level of insurance
at the time of execution. The insurance level required shall be in accordance with
the City's published Contract Templates (or as otherwise approved by the City
Manager or City Attorney).
C. Reporting
At least once annually, the City Manager shall report to the Council the
summary of all contracts entered into by the City Manager and Department
Directors. The summary shall include the vendor, the department responsible
that will oversee the contract, the purpose of the contract, and the contract
D. Consumer Price Index Adjustment
Beginning July 1, 2026, and on the anniversary date each year thereafter, the
dollar amounts set forth in this policy, as previously adjusted, shall increase,
but not decrease, based on the change in the Consumer Price Index. Each annual
adjustment shall be applied cumulatively to the dollar amounts in effect
immediately prior to the adjustment. The increase to the amounts set forth in
this policy shall be determined by calculating the percentage change from March
of the prior year to March of the current year. The adjusted amount shall be
rounded up to the nearest $1,000.00. As used herein, the term "Consumer Price
Index" means the Los Angeles -Long Beach -Anaheim, California Area, All Urban
Consumers, All Items, Base Period (1982-84 = 100), or successor index, as
published by the United States Department of Labor, Bureau of Labor Statistics.
This subsection shall not apply to Public Works Contracts, which are governed
by Charter Section 1110.
F-14
Future Amendments to Policy
Any future changes in the provisions of this policy shall be made by resolution of the
City Council.
History
Adopted F-14 - 09-22-1969 (Purchase Authority for Goods & Materials)
Reaffirmed F-14 - 03-09-1970
Reaffirmed F-14 - 02-14-1972
Amended F-14-11-11-1974
Amended F-14-11-24-1975
Amended F-14-12-08-1975
Amended F-14-11-24-1986
Amended F-14 - 05-26-1987
Adopted F-14 - 01-24-1994 (new F-14) (Authority for Contracts)
Amended F-14 - 01-24-1994 (old F-14) (changed to F-5)
Amended F-5 - 02-26-1996
Amended J-1 - 11-10-1997 (Contracts with Former Employees)
Amended J-1- 03-09-1998
Amended J-1- 03-22-1999 (changed to F-20)
Amended F-5 - 03-14-2000
Amended F-20 - 04-08-2003
Amended F-14 - 04-13-2004
Amended F-5-11-22-2005
Amended F-14 - 05-09-2006
Amended F-14 & F-5 - 01-25-2011
Amended F-14 - 05-12-2015
Amended F-14 - 02-23-2016 (incorporating F-5 & F-20 and renaming "Authority to
Contract")
Amended F-14 - 06-26-2018
Amended F-14 - 02-12-2019
Amended F-14-12-13-2022
Amended F-14-12-09-2025
Amended F-14 - 02-24-26
9
F-27
POLICY AND PROCEDURES FOR CITY DISTRIBUTION OF TICKETS OR PASSES
Background
The Newport Beach City Council, Boards, Commissions, and officials are subject to certain laws
and regulations pertaining to gifts. The Fair Political Practices Commission ("FPPC") enforces
the provisions of the Political Reform Act contained in Government Code Section 81000 et seq.,
as well as the regulations contained in Title 2, California Code of Regulations, Sections 18110 et
seq.
Purpose
The City strives to provide impartial and high -quality services to its residents, businesses, and
visitors. The receipt by City officials of gifts or other items of value can be perceived as attempts to
influence City operations and the City wishes to avoid any appearance of
impropriety or favoritism. However, City official attendance at public events is necessary to achieve
the goals of governance, both to promote the policies of the City and to
maintain close contact with the citizens and interest groups within the city. This policy outlines
a fair and impartial procedure for the disposition of tickets or passes by the City in furtherance
of a governmental purpose. It implements the directives of FPPC regulations and establishes
procedures as required by Title 2, Division 6, Chapter 9.5, Section 18944.1 of the California Code
of Regulations, for the acceptance and distribution of tickets or passes by the City. This Policy
also ensures that tickets or passes distributed by the City are disclosed upon the required FPPC
forms.
Application of Policy
This policy applies to tickets or passes which provide admission to a facility or event for an
entertainment, amusement, recreational, or similar purpose, and are: gratuitously provided to the City by
an outside source; acquired by the City by purchase; acquired by the City as consideration pursuant to
the terms of a contract; or acquired and distributed by the City in any other manner.
Tickets or passes shall be distributed under this Policy at the sole discretion of the City pursuant to this
Policy. Tickets or passes distributed under this Policy shall not be earmarked for distribution to a City
Official or person by any outside source.
A ticket or pass may only be distributed by the City under this Policy if it serves a public purpose as set
forth below. If the ticket or pass does not serve a public purpose, it shall be returned to its source or shall
be given to an active 501(c)(3) non-profit, charitable organization that does business within the city. The
Ticket Administrator shall make the necessary determinations under this Policy.
This policy does not apply to any other item of value provided to the City or any City Official, regardless
of whether it is received gratuitously or for which consideration is provided.
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F-27
Definitions
A. Unless otherwise expressly provided herein, words and terms used in this policy shall have
the same meaning as those ascribed to such words and terms in the California Political Reform
Act of 1974 (Government Code Sections 81000, et seq., as the same may from time to time be
amended) and the FPPC Regulations (Title 2, Division 6 of the California Code of Regulations,
Sections 18110 et seq., as the same may from time to time be amended).
B. "City Manager" means the City Manager or his/her designee.
C. "City Official" means City Council Members, the City Manager, Assistant City Manager, City
Attorney, City Clerk, and Department Heads.
E. "Immediate family' means and includes a spouse and dependent children.
F. "Pass" means a ticket that provides repeated access, entry or admission to a facility or
series of events and for which similar passes are sold to the public.
G. "Ticket" means anything that provides access, entry, or admission to a specific future
event or function and for which similar tickets are sold to the public to view, listen to, or
otherwise take advantage of the attraction or activity for which the ticket is sold and
includes any benefits the ticket provides. As used herein, a "ticket" includes any pass.
General Provisions
A. No Right to Tickets: The use of complimentary tickets is a privilege extended by the City and not
the right of any person to which the privilege may from time to time be extended.
B. Limitation on Transfer of Tickets: Except as expressly set forth herein, tickets distributed pursuant
to this policy shall not be transferred to any other person other than: an immediate family member
for personal use; or a single guest of the attendee.
C. Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who receives a
ticket pursuant to this policy shall sell or receive reimbursement for the value of such ticket.
D. No Disproportionate Use: The disproportionate use of tickets by a City Official is prohibited.
Ticket Administrator
A. The City Manager shall be the Ticket Administrator for purposes of implementing the provisions of
this Policy.
B. The Ticket Administrator shall have the authority, in his/her sole discretion, to establish
procedures for the distribution of tickets in accordance with this policy. All requests for tickets
which fall within the scope of this Policy shall be made in accordance with the procedures
established by the Ticket Administrator.
C. The Ticket Administrator shall determine the face value of tickets distributed by the City for
purposes of this Policy.
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D. The Ticket Administrator, in his/her sole discretion, may revoke or suspend the ticket privileges of
any person who violates any provision of this Policy or the procedures established by the Ticket
Administrator for the distribution of tickets in accordance with this Policy.
Conditions Under Which Tickets May be Distributed
A. Subject to the provisions of this Policy, complimentary tickets may be distributed to City Officials,
or at the behest of a City Official, under the following conditions:
1. The City Official Reimburses the City for the face or fair value of the ticket(s), whichever is
applicable. Reimbursement shall be made at the time the ticket(s) is distributed to the City
Official.
The City Official treats the ticket(s) as income consistent with applicable federal and state
income tax laws.
3. The City Official uses, or behests, such tickets to accomplish one or more of the following
public purposes:
(a) Performance of a ceremonial role or function representing the City at the event.
(b) The job duties of the City Official require his or her attendance at the event.
(c) Promotion of local and regional businesses and economic development
within the City, including, but not limited to, conventions, and conferences.
(d) Promotion of City -controlled or sponsored events, activities or programs.
(e) Marketing promotions that highlight the achievements of residents and businesses.
(f) Promotion of marketing of private facilities available for City resident use, including
charitable and nonprofit facilities.
(g) Promotion of public facilities, landmarks, special events, and community events.
(h) Intergovernmental relations purposes, including but not limited to attendance at an
event with or by elected or appointed public officials from other jurisdictions.
(i) Attracting or rewarding volunteer public service.
0) Exchange programs with foreign officials and dignitaries.
(k) Supporting and/or showing appreciation for programs or services rendered by non-
profit organizations benefiting Newport Beach residents.
(1) Encouraging or rewarding significant academic, athletic, or public service
achievements by Newport Beach students, residents, or businesses.
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(m) Attracting and retaining highly qualified employees in City service.
(n) As special recognition or reward for meritorious service by a City employee.
(o) For use in connection with a City employee competition or drawing.
(p) Recognition of contributions made to the City by former City Council Members or
City Council appointees.
(q) Special outreach or support programs for active military, veterans, teachers,
emergency services, medical personnel, and other civil service occupations.
B. Tickets distributed to a City Official or City employee for a public purpose set forth above
may only be distributed to: the City Official or City employee and their family members; or
City Official or City employee and one guest.
Distribution of Tickets or Passes by the City.
A. City Officials shall have authority to request tickets from the Ticket Administrator.
B. Ticket requests do not guarantee ticket distributions. The Ticket Administrator is responsible for
selecting recipients to receive tickets.
C. Tickets distributed pursuant to a City Official's request are distributed at the behest of that City
Official for FPPC reporting purposes. If tickets are distributed at the behest of a City Official, such
City Official shall not use one of the tickets to attend the event.
Reporting Obligations
A. The Ticket Administrator shall manage the receipt, distribution, and accounting for all tickets or
passes subject to this Policy.
B. The Ticket Administrator shall be responsible for completing or having the City Clerk complete the
FPPC Form 802 for each distribution to a City Official, or made at the behest of a City Official, and
complying with the posting requirements. The City Clerk shall maintain a completed Form 802 for
not less than four (4) years, or other period as specified in any applicable FPPC Regulation. If the
ticket or pass is distributed to a department or other unit of the City, and not a City Official, the
City may report the name of the department or other unit of the agency receiving the ticket or pass
and the number of tickets or passes provided to the department or unit in lieu of reporting the
name of the individual employees.
C. The Ticket Administrator shall be responsible for providing information regarding recipients as
required by the Office of the Comptroller for tax reporting purposes.
D. The City Clerk shall cause this policy to be posted on the City website and shall see to it that the
most current version of this policy is available in a prominent fashion on the City website. The City
Clerk shall send, via email, to the Fair Political Practices Commission the City's website link that
displays this policy so that the Commission may post the website link.
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Other Provisions
A. A City Official may return any ticket or pass unused to the Ticket Administrator for
redistribution pursuant to this Policy.
B. If a ticket or pass is distributed pursuant to this Policy, it shall not be considered a
gift to the recipient and shall not be reported as a gift on FPPC Form 700.
History
Adopted A-8 - 03-09-1970 (Comp Balboa Bay Club Cards)
Reaffirmed A-8 - 02-14-1972
Amended A-8-12-10-1973
Amended A-8-11-11-1974
Amended A-8 - 02-23-1981
Adopted F-27 - 06-23-2009 (unknown when A-8 no longer in use)
Amended F-27 - 05-12-2015
Amended F-27 - 09-10-2019
Amended F-27 02-24-2026
5
G-1
RETENTION AND REMOVAL OF CITY TREES
Purpose
To establish and maintain appropriate diversity in tree species and age classes to provide a stable
and sustainable urban forest with an inventory that the City can reasonably maintain in a healthy
and safe condition through the efficient use of City resources. To educate the public of the
protections of the City's Urban Forest and guide, in a user-friendly way, the mechanisms in place
for tree replacements. With the passage of time, adjustments in the City's tree inventory may be
necessary. Therefore, this policy also establishes definitive standards for the retention, removal,
and reforestation of City trees. City trees are an important part of the character and charm of the
entire City and provide environmental benefits as well. Regular care and programmed
replacements are necessary to preserve this charm while at the same time protecting public views
consistent with City Council Policy G-3, providing personal safety, and preventing public and
private property damage and providing a sustainable urban forest.
I. DEFINITIONS
A. "Commission' is defined as the Newport Beach Parks, Beaches and Recreation
Commission.
B. "Diseased" or "Diseased tree" is defined as a tree that cannot be cured by current
arboricultural methods, in an advanced state of decline, and has no prospect of
recovery.
C. "Dying" or "Dying tree" is defined as a tree that have no prospect of recovery.
D. "Hazardous" or "Hazardous tree" is defined as a tree that is defective, has a potential
to fail, and would cause damage to persons and property upon failure.
E. "Problem Tree" is defined as a tree that by virtue of its species is known to cause
excessive hardscape or utility damage due to its excessive root system.
The following trees are defined as Problem Trees:
1. Ficus nitida (Indian Laurel Fig)
2. Ficus rubiginosa (Rusty Leaf Fig)
3. Ficus benjamina (Weeping Fig)
4. Fraxinus uhdei (Shamel Ash)
5. Cupaniopsis anacardioides (Carrotwood)
6. Liquidambar styraciflua (American Sweet Gum)
7. Schinus terebinthefolius (Brazilian Pepper)
8. A tree that the City Arborist determines is infested with Tuliptree scale
(Toumeyella liriodendri)
9. A City Tree that causes the private property owner to lose their fire insurance.
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Problem Trees exclude City parkway trees on the Street Designation Tree List of City
Council Policy G-6 unless they are Special Trees.
F. "Reforestation' when initiated by the City is defined as the concept of systematically
replacing Problem or Standard Trees which are creating hardscape and/or view
problems and cannot be properly trimmed, pruned or modified to alleviate the
problem(s) they create; or those which have reached their full life and are declining in
health; or are simply the wrong species of trees for the planted location. When initiated
by a homeowners' association or property owner, reforestation is otherwise defined as
an appeal. "Special City Tree" is defined as a Landmark, Dedicated, or Neighborhood
tree, that has historical significance, and/or contributes to, and gives character to, a
location or to an entire neighborhood. A Landmark, Dedicated, and Neighborhood
tree are identified by species in Exhibit A and shall hereinafter be collectively referred
to as Special Trees. Trees within these three (3) categories shall be identified, mapped,
recorded and administered by staff for the Commission. When staff propose
modifications, the Commission shall review the Special Tree list and forward
recommendations for additions or deletions to the City Council for approval.
1. Landmark Trees are identified as those individual Special Trees that possess
historical significance by virtue of their size, age, location, or species.
2. Dedicated Trees are Special Trees donated in the memory of specific individuals or
organizations. Updates will be made annually to the City tree inventory system
that corresponds to the amended B-17 Policy: Parks, Facilities, and Recreation
Program Donations. Exhibit A of this Policy will be updated annually to reflect
updates.
3. Neighborhood Trees are Special Trees that by their unusual size, number, species, or
location lend a special character to a residential, commercial, or business area.
G. "Standard City Tree" is defined as a tree that is located on City real property
(parkways, parks, other City -owned property) and not designated as a Special or
Problem Tree.
II. BASIS TO REMOVE A CITY TREE
A. Dead, diseased or dying trees. The tree is dead, diseased or dying as those terms are
defined above or is subject to imminent tree failure.
B. Impact on Infrastructure. The tree is impacting infrastructure based on the criteria set
forth below.
C. Beautification or Capital Improvement Projects. Standard, Special, and/or Problem
Trees may be considered for removal in conjunction with a City Council -approved
beautification project or capital improvement project.
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D. Development Projects. Approval of an encroachment or demolition permit that
requests removal of a tree in conjunction with a commercial, residential or other
development project.
E. Departmental Determination. The City Manager, upon the advice of the Municipal
Operations Director, City Attorney, or Traffic Engineer, shall have the authority to
remove individual Problem or Standard Trees to resolve claims or safety issues.
Notwithstanding the foregoing, excessive leaves, fruit, flowers, petals, bees, birds, and
other animals, or insects shall not constitute a finding for removal of a tree covered by this
policy.
III. PROCESS FOR REQUESTS FOR REMOVAL OF A CITY TREE
The Municipal Operations Department, homeowners' association or private property
owner may request removal of a City Tree. A homeowners' association or private
property owner may initiate the process for removal by submitting an application to the
City Clerk, utilizing the City Tree Removal form available on the Municipal Operations
Department website:
https:/ /www.newportbeachca.gov/ government/ departments/municipal-operations
and paying the applicable fee as set by resolution of the City Council.
A. Tree Removal Reports. After receiving the application, the City Arborist shall prepare
the following reports and analysis for the removal of a Standard, Special or Problem
Tree:
1. Tree Inspection Report that explains why tree removal is necessary, which may
include, but is not limited to: structural defects of the tree, parts of the tree most
likely to fail, targets where imminent personal injury or property damage may
result from tree failure. For Special Trees, a Tree Removal Review will also be
prepared.
2. A mitigation analysis to determine whether mitigation measures may be
implemented to maintain the tree provided the costs are reasonable.
3. Performance of a Level 2: A Basic Tree Risk Assessment ("Level 2 Risk
Assessment") for requests to remove based on a hazard, the Level 2 Risk
Assessment should identify structural defects of the tree, parts of the tree most
likely to fail, targets where imminent personal injury or property damage may
result with tree failure, and determine whether mitigation measures will eliminate
the hazard.
4. For Landmark Tree(s), a Tree Risk Assessment that includes a Level 3 Testing:
Advanced Techniques shall be prepared to confirm the presence of any potential
risks. Where Tree Risk Assessment and Level 3 Testing: Advanced Techniques are
required, the full costs of such testing and associated report will be the sole
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responsibility of the applicant, whether that be the City, a homeowners'
association or property owner.
B. Standard City Trees.
1. Upon completion of the above reports for a Standard Tree, the City Arborist shall
make a recommendation to the Landscape Manager, or his/her designee as to
whether findings for removal set forth in Section IV (Findings Required for
Removal of a City Tree) can be made. If the Manager approves removal of the
tree, the City shall provide notice in accordance with Section VII (Notifications)
prior to removal of the tree.
2. If the Manager determines the application does not meet the findings set forth in
Section IV (Findings Required for Removal of a City Tree), the application is
denied and the applicant may appeal to the Commission in accordance with
Section VI (Reforestation/Appeals).
C. Special City Trees
1. The homeowners' association or private property owner shall provide the
Homeowners Association Board approval or Petition, respectively, as provided in
Section VI(A) (Appeal of Standard or Problem Trees or Requests for Removal of
Special Trees).
Upon receipt of the board approval or requisite signatures and completion of the
above required Tree Removal Reports, except in the case of an emergency, the City
Arborist shall publish notice of the hearing in accordance with Section VII
(Notifications) and agendize the Special Tree removal request for a hearing before
the Commission to determine whether findings can be made for removal of the
tree. The reports shall also be provided to the Councilperson of the district in
which the Special Tree is located. In the case of a dead tree or in an emergency,
once a recommendation to remove a Special Tree is made by the City Arborist to
the Landscape Manager, or designee, and the Manager agrees with the
recommendation, the City may immediately remove the tree.
2. After holding the hearing and considering all evidence, the Commission shall
approve or deny the application for removal. The Commission shall be the final
decision -making authority.
D. Problem Trees
1. Upon completion of the above reports for a Problem Tree, the City Arborist shall
make a recommendation to the Landscape Manager, or his/her designee as to
whether findings for removal set forth in Section IV (Findings Required for
Removal of a City Tree) can be made. If the Manager approves removal of the
tree, the City shall provide notice in accordance with Section VII (Notifications)
prior to removal of the tree.
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2. If the Manager determines the application does not meet the findings set forth in
Section IV (Findings Required for Removal of a City Tree), the application is
denied and the applicant may appeal to the Commission in accordance with
Section VI (Reforestation/Appeals).
IV. FINDINGS REQUIRED FOR REMOVAL OF A CITY TREE
City Trees may be removed in each of the following circumstances if the tree removal
request will not adversely impact the overall inventory, diversity and age of the City's
Urban Forest.
Notwithstanding the foregoing, excessive leaves, fruit, flowers, petals, bees, birds, and
other animals, or insects shall not constitute a finding for removal of a tree covered by this
policy.
City Trees may be removed if at least one of the following findings are made based on
the Tree Removal Reports:
A. Hazardous (Standard, Special and Problem Trees) - As to Standard, Special, and/or
Problem Trees, the City Arborist has determined that the tree is dead, diseased, dying,
or hazardous as those terms are defined above.
B. Impact On Infrastructure (Standard, Special and Problem Trees) - The Standard,
Problem or Special Tree has a repeated history of damaging public or private sewers,
water mains, roadways, sidewalks, street or sidewalk drainage, curbs, walls, fences,
underground utilities, or foundations based on City records or other competent and
reliable authority. Water or sewer blockage that results from City tree roots and causes
significant public or private property damage (greater than $1,000.00) may be
sufficient criterion for tree removal.
C. Problem Trees that are not designated as Special Trees may be removed if any of the
following findings are made:
1. The tree creates, in the opinion of the City Arborist, a view impediment that cannot
be resolved by normal nor alternative tree trimming procedures;
2. The tree has a repeated history of significant documented private property
damage (greater than $1,000) due to Tuliptree scale (Toumeyella liriodendri)
infestation; or
3. Maintaining the City Tree jeopardizes the property owner's homeowner's
insurance.
D. Beautification or Capital Improvement Projects (Standard, Special and Problem Trees)
- Removal of the tree is required in conjunction with a City Council -approved
beautification project or capital improvement project.
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E. Development Projects Requiring an Encroachment and/or Demolition Permit
(Standard and Problem Trees) - The project plans including construction plans
demonstrate that the City tree must be removed in conjunction with the project.
F. Departmental Determination - The City Manager, upon the advice of the Municipal
Operations Director, City Attorney, or the Traffic Engineer, finds that removal of an
individual Problem or Standard Trees is necessary to resolve claims or safety issues.
V. STANDARD CONDITIONS AND OTHER RELATED REQUIREMENTS
In the event of tree removal, the following serve as standard conditions for replacement.
A. The City will replace all trees removed in accordance with Council Policy G-6. If 36-
inch boxed trees are not available or if funding or space constraints prevent planting
of a 36-inch boxed tree, then the largest tree available for the space available will be
planted. The full costs of removal and replacement of all City Trees will be the sole
responsibility of the City, unless it is a Reforestation set forth in Section VI, or Problem
Trees related to views and/or that jeopardizes a property owner's homeowners'
insurance, or an applicant voluntarily pays for a new tree. Additionally, if an
applicant desires to upgrade to a box size larger than a 36-inch box as a replacement
(if available), then he/she will be responsible for the difference in price.
B. Special Trees will be replaced one -for -one with the same species or the closest
equivalent whenever practical. An alternate species may be recommended by Staff if
the same species is unavailable and will be subject to approval by the Commission
detailing the necessity of removal and any specific previous treatment of the tree.
Private Property Development Projects. All encroachment permits (permits for
private property development which are proposed to install improvements in the City
right of way) or demolition permits that involve the removal or replacement of City
tree(s) must be specifically noticed by the property owner to City staff prior to the
building and/or demolition process. The proposed construction plans must indicate
preservation of existing City trees wherever possible (except trees that are dead,
dying, or in an advanced state of decline).
C. If the Standard or Problem Tree removal is approved in conjunction with a private
development project, the property owner shall pay for all related tree removal and
one -for -one replacement costs and meet all provisions of City Council Policies L-2 and
L-6 and City Municipal Code Sections 13.08 and 13.09, or any successor policies or
sections.
D. Other Requirements for Problem Trees.
1. No more than fifty (50) Problem Trees may be removed per year by staff under the
above criteria without special approval of the Commission. If there are no removal
criteria other than it being a Problem Tree species, then no more than one of three
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problem parkway trees in a continuous row may be removed in a one-year period
unless part of a reforestation is approved by the Commission.
2. The City Arborist shall report the removal of Problem Trees under the above
criteria monthly to the Commission.
3. The cost to remove and replace Problem Trees will be the sole responsibility of the
City based on funding, availability, and growth space, except for removals related
to views and/or that jeopardizes a property owner's homeowners insurance.
E. Additional Considerations to Retain or Remove a Special Tree. During normal
sidewalk, curb, and street repair activity requiring root pruning, sufficient timing in
advance must be planned to ensure that pruning will not destabilize or kill the tree. If
both sides of a Special City Tree's roots are to be pruned, one side should be pruned
at minimum two (2) years in advance of the other side depending upon the species
and other related factors. If root pruning methods are not practical and/or critical to
the health of the tree, then alternate or special hardscape improvements should be
considered by the City to retain the tree providing that these measures are practical,
costs are reasonable, and that they comply with Americans with Disabilities Act
standards. All proposed root pruning or other tree treatment shall be evaluated and
approved by the City Arborist.
Additionally, if steps taken for Special City Trees under the provision above are
proven to be impractical, the Special City Tree removal request shall go through
Reforestation.
VI. REFORESTATION/APPEALS
An appeal otherwise known as an application for Reforestation may be initiated by a
Department, homeowners' association or a private property owner. In the case of a
homeowners' association or private property owner, the appeal shall be initiated by
submitting an application to the City Clerk, utilizing the City Tree Removal form available
on the Municipal Operations Department website:
https: / /www.newportbeachca.gov/ government/ departments/municipal-operations
and paying any applicable fee as set by resolution of the City Council.
A. Appeals of Standard and Problem Trees or Requests for Removal of Special Trees by
Homeowners' Associations and Private Property Owners.
Private property owners and/or homeowners' associations shall meet the following
signature requirements with the application.
1. Petitions. Private property owners who apply for removal of a Special Tree or
appeal the Manager's determination for the removal of a Standard or Problem
Tree must submit a petition signed by a minimum of 60% of City of Newport
Beach property owners within a radius of 500 feet from the location of the
proposed tree removal to a maximum of 100 properties/parcels. The 60%
threshold is based on the number of properties, not the number of property
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owners. The petition content must be approved and dated by City staff prior to
distribution by the applicant. The staff -approved petition must be distributed by
the applicant to all private property owners within the 500-foot radius. Signatures
by non -property owners shall be invalid and only one signature per property shall
be counted towards the 60% threshold. All petition signatures shall be verified by
City staff for property owner status of the person or persons signing the petition.
Petitions that are submitted more than ninety (90) days past the date stamped by
staff before distribution shall be invalid and the request shall not be forwarded to
the Commission for consideration. The Landscape Manager may extend this
timeframe at his or her discretion; or
2. Homeowner Association Boards. Private property owners who are mandatory
members of a homeowners' association where a City Tree is located must submit
applications for removal of a Special Tree or appeal the Manager's determination
for the removal of a Standard or Problem Tree through their association. The
request shall include a resolution of the Board of Directors formally requesting a
reforestation with a statement that all members of the homeowners' association
have been officially notified and given an appropriate opportunity to respond
before the Board voted on the request. The homeowners' association is responsible
for notification of the outcome of the Board's vote to all association members,
pursuant to their established procedure.
B. The requestor agrees, in writing, to pay 100% of the costs of the removal and
replacement of the public tree(s) in advance of any removal activity. The actual
removal and replacement work will be performed by a City contractor coordinated
by the Municipal Operations Department. The total costs for removal and replacement
work shall include only the contractor's costs and be paid in advance of any removal
actions.
C. Once petitions or Board of Directors approval is/are submitted to the City, a hearing
of the Commission will be scheduled. Notice of the hearing shall be published in
accordance with the California Government Code Section 54950 et seq. and Section
VII(B) (Public Hearing Notification Requirements)-
D. The Municipal Operations Director, or a designee, shall prepare a full staff report for
a regularly scheduled Commission meeting of all trees recommended for removal.
E. In addition to the findings set forth in Section IV (Findings Required for Removal of a
City Tree), the Commission may consider any and all relevant circumstances,
including but not limited to the following:
1. Health or overall condition of the tree(s);
2. Degree of verifiable public or private property damage from the tree(s);
3. Degree of verifiable view impairment from the tree(s);
4. Whether the tree species is a Problem City Tree (See Definitions);
G-1
5. The level of community support and/or opposition;
6. The value of the existing tree(s) versus the value of the replacement tree(s);
7. Whether the tree species is inappropriate for the location or does not conform
to the current treescape; and/or
F. Efforts made to ensure adequate notification. The decision of the Commission shall
be final and not appealable and/or subject to call for review.
G. Reforestation Work Upon Commission Approval.
If the Commission approves the reforestation request, the following criteria apply to the
completion of the reforestation work.
1. Prior to removal of the tree, the notification requirements set forth in Section VII(A)
(Tree Removal Notification Requirements) shall be met.
2. There shall be a minimum of a one -for -one replacement of all trees. Replacement trees
must comply with City Council Policy G-6 unless the Commission approves a
different tree designation and shall be a minimum size of 36-inch boxed trees and
species, unless the space will not accommodate a 36-inch boxed tree or a tree cannot
be planted due to planting restrictions contained in City Council Policy G-6. Per the
Landscape Manager's discretion, a larger sized box tree may be planted if it is
replacing a tree of significant size or value in the City's inventory and ample planting
space is available. If there is no room for the replacement tree(s) at a specific site as
designated by City Council Policy G-6, then the replacement tree(s) shall be planted
in a public area in the same neighborhood at the option of the requestor.
The requestor shall be responsible for watering and fertilizing the replacement
trees to ensure their proper growth and development as outlined in City
Council Policy G-6. Section 13.09.030 of the Municipal Code also requires
property owners to water and fertilize parkway trees adjacent to their
property.
VII. NOTIFICATIONS
A. Tree Removal Notification Requirements
1. Emergency - Dead trees and trees considered so hazardous as to necessitate an
emergency removal shall be exempt from this provision. In the case of emergency
removals, the Landscape Manager or the City Arborist shall have the authority to
direct the removal of a hazardous tree.
2. Non -Emergency - For non -emergencies, the City shall post a Standard or Problem
Tree that is not a hazard with an 8" x 5" placard at least seven (7) calendar days prior
to the scheduled removal trees. The placard shall also note a Staff contact number and
a date on which it was posted.
9
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Staff shall also provide advance written notification, as applicable, to the adjacent
property owner, the legally established homeowners' association, and the
Councilperson of the district where the removal is proposed, of the intent to remove
a Standard Tree.
Any appeal regarding a tree removal decision must be received by the Municipal
Operations Director no later than seven (7) calendar days following the date of posting
or notice of intent. The Director will delay tree removals until the appeal period has
expired or until the Commission has acted upon an appeal.
B. Public Hearing Notification Requirements
Prior to PB&R Commission hearing on a tree removal request, the City shall post the
Standard Tree or Problem Tree proposed for removal with an 8" x 5" placard at least
fourteen (14) calendar days prior to the scheduled hearing. An 8" x 5" placard will be
posted on a Special Tree considered for removal at least thirty (30) days before the
hearing. The placard will include the following information: the date of its posting,
the date, time and location of the hearing, and a City contact number. The placard
will include the date it was posted, the date, time and location of the hearing and a
City contact number.
2. For requests from a homeowner's association: City staff shall notify private property
owners within a 500-foot radius of the tree requested for reforestation via postcard at
least fourteen (14) calendar days and thirty (30) calendar days for Special Trees prior
to the Commission hearing. The postcard will include the date, time and location of
the hearing and a City contact number.
[Attachment - Exhibit A Special City Trees]
History
Action
Policy #
Date Enacted
Adopted
I-9
05-09-1966
Reaffirmed
I-9
08-30-1966
Amended
I-9
08-14-1967
Reaffirmed
I-9
11-12-1968
Reaffirmed
I-9
03-09-1970
Reaffirmed
I-9
02-14-1972
Amended
I-9
11-09-1976
Amended
1-9
11-12-1985
Amended
1-9
11-28-1988
Amended
1-9
03-14-1994 (changed to G-1)
Amended
G-1
04-11-1994
Amended
G-1
02-26-1996
Amended
G-1
07-14-1997
10
G-1
Amended (Administratively)
G-1
11-24-1997
Amended
G-1
08-10-1998
Amended
G-1
01-25-1999
Amended
G-1
02-22-2000
Amended
G-1
04-23-2002
Amended
G-1
04-27-2004
Amended
G-1
10-11-2011
Amended
G-1
09-08-2015
Amended
G-1
08-08-2017
Amended
G-1
02-09-2021
Amended
G-1
05-09-2023
Amended
G-1
12-09-2025
Amended
G-1
02-24-2026
11
G-1
EXHIBIT A
SPECIAL CITY TREES
TYPE LOCATION
LANDMARK Balboa Boulevard Median
Bob Henry Park
Castaways Park
Lido Hotel Site
Dover Drive east of Irvine Avenue
Dover Drive at Westcliff
John Wayne Park
Lido Isle Medians
Main Street
Marine Avenue (Balboa Island)
Ocean Blvd. (Corona del Mar)
Wedge Area
West Jetty View Park (near Historical Marker)
Westcliff & Dover (Groves) Bike Trail
DEDICATED Bayside Park (Newport -Irvine Rotary Club)
TREES Bayview Park (Gene Atherton)
Bayview Park (Thomas Edward Mansfield &
Owen Thomas Vatter)
Begonia Park (Dr. Leo V. Turgeon)
Begonia Park (Cheryl Bailey Ringwald)
Bob Henry Park (Bob Henry)
Bonita Canyon Sports Park (Elaine Linhoff)
Bonita Canyon Sports Park (Fern Pirkle)
Buffalo Hills Park
SPECIES
Araucaria heterophylla
Ficus rubiginosa
Phoenix canariensis
Ficus microcarpa 'Nitida'
Erythrina caffra
Liquidambar styraciflua
Erythrina caffra
Pinus pinea
Ficus microcarpa 'Nitida'
Eucalyptus (Various Species)
Phoenix canariensis
Myoporum laetum
Phoenix canariensis
Eucalyptus globulus
Pyrus calleryana
Cinnamomum camphora
Cassia leptophylla
Bauhinia blakeana
Prunus cerasifera
Ficus rubiginosa
Melaleuca linarifolia
Melaleuca linarifolia
Erythrina caffra
(Bahia Community Earth Day Celebration)
Buffalo Hills Park Stenocarpus sinutaus
(North Beach Sunrise Rotary Club)
Castaways Park (Kevin Murphy)
Castaways Park (Mary Louise Romine)
Castaways Park (Joe Clarkson)
Castaways Park (Michael F. Gustin)
Castaways Park (Robert W. Hanley)
Castaways Park (Arthur Grant Kidmann Jr.)
Castaways Park (Grover Stephens, Ph.D.)
Castaways Park (John D. Woodruff)
Castaways Park (Nancy Bergeson)
Castaways Park (Logan David Burley)
Castaways Park (Sawyer Dean Burley)
Castaways Park (Sawyer Dean Burley)
Castaways Park (Gregory Caurteau)
12
Pinus torreyana
Pinus torreyana
Platanus racemosa
Platanus racemosa
Populus Fremontii
Platanus racemosa
Platanus racemosa
Platanus racemosa
Quercus agrifolia
Quercus agrifolia
Quercus agrifolia
Quercus agrifolia
Quercus kelloggii
Oa
4
47
2
2
23
G-1
Castaways Park (Bob & Susan Caustin)
Quercus agrifolia
Castaways Park (Joe Clarkson)
Quercus agrifolia
Castaways Park (Yen Chu Kuo)
Quercus agrifolia
Castaways Park (Ryan Lemmon)
Quercus agrifolia
Castaways Park (Virginia Najera)
Quercus agrifolia
Castaways Park (Eva Victoria Najera)
Quercus agrifolia
Castaways Park (David Rapp)
Quercus agrifolia
Castaways Park (Sheldon Powell Riley)
Populus Fremonth
Castaways Park (Nancy & Jack Skinner)
Quercus agrifolia
Castaways Park (Staycee Stone)
Quercus agrifolia
Castaways Park (Jason Stradman)
Quercus agrifolia
Castaways Park (Robert T. Talbot)
Quercus agrifolia
Castaways Park (Jan Vandersloot)
Quercus agrifolia
Castaways Park (Jean Watt)
Quercus agrifolia
Cliff Dr. Park (Susan Benz)
Bauhinia blakeana
Cliff Dr. Park (Francis P. Hemenway)
Cassia leptophylla
Cliff Dr. Park (Gary Lovell)
Quercus agrifolia
Cliff Dr. Park (Dr. Vandersloot)
Quercus agrifolia
Coastal Peak Park (Jared Romine)
Quercus agrifolia
Eastbluff Park (Lucy Huntsman)
Hymenosporum flavum
Eastbluff Park (Billy Covert)
Ficus macrophylla
Galaxy View Park (Trey Hunter)
Cupaniopsis anacardiodes
Galaxy View Park (Dylan Ayres)
Metrosideros excelsa
Galaxy View Park (Virginia Roberts)
Cassia leptophylla
Grant Howald Park (Jean & Coalson Morris)
Cassia leptophylla
Grant Howald Park (Skipper Mark Howes)
Hymenosporum flavum
Grant Howald Park (Mark Munro)
Metrosideros excelsa
Grant Howald Park (Pete Munro)
Metrosideros excelsa
Grant Howald Park (Cara Lee)
Spathodea campanulata
Irvine Terrace Park (Beckett Glyer)
Platanus racemosa
Irvine Terrace Park
Platanus racemosa
(U.S. Bicentennial Freedom Tree)
Irvine Terrace Park (California Bicentennial)
Pinus Pinia
Irvine Terrace Park (Dana Harmon)
Liquidambar styraciflua
Irvine Terrace Park (Sister City of Okazaki)
Pinus nigra
L Street Park (Tim Van Ostenbridge)
Cassia leptophylla
Las Arenas Park (Ed Healy)
Melaleuca linarifolia
M Street (median) (Walter Knott)
Pinus pinea
Mariners Park (Sierra Beth)
Bauhinia variegata
Mariners Park
Cedrus deodara
(Dr. Anthony & Madeline DeCarbo)
Mariners Park (Isy Pease) Pinus halepensis
Mariners Park Pinus eldarica
(Christopher & Marisha Thompson)
Mariners Park (Meghan & Camielle Thompson) Pinus eldarica
Mariners Park (Frank Tallman) Pinus radiata
13
G-1
Mariners Park
Senocarpus sinuatus
(North Beach Sunrise Rotary Club)
Mariners Park (Graci Lee Henry)
Magnolia'Little Gem'
Mariners Park (Susana Lee Niederhaus)
Bauhinia variegata
North Mariners Park (Marcie Schrauder)
Pinus radiata
Newport Pier / 24th Street Bike Path
Chamaerops humilis
(Marie "Maxine' Louchis)
Old School Park (Mary Jo Tyler)
Bauhinia variegata
Old School Park (Jean & Coalson Morris)
Cassia leptophylla
Peninsula Park (Gray Lunde Tree)
Chamaerops humilis
Peninsula Park (Don Perdue)
Ravenea rivularis
San Miguel Park (Jon Walters)
Schinus molle
Spyglass Hill Park (Dennis George Brice)
Acacia baileyana
Spyglass Hill Park (Edith Mary Brice)
Acacia baileyana
Veterans Park (Rosemary Rae Hill Hansen)
Lagenstoemia indica fauriei
WCH & Superior Ave City Parking Lot
Cassia leptophylla
(Louise Greeley)
West Newport Park (Russell Marc Beaumont)
Erythrina caffra
West Newport Park (Jeff Steven Reinker)
Erythrina caffra
West Newport Park
Spathodea campanulata
(Brownie Girl Scout Troop 2072)
Various locations:
Qurcus agrifolia
Castaways Park and Cliff Drive Slopes
(Dr. Jan David Vandersloot & Family)
NEIGHBORHOOD
TREES Along Avon Ave
Eucalyptus globulus
8
Buena Vista and Lindo Ave
Erythrina caffra
1
Candlestick Lane (Baycrest)
Eucalyptus citriodora
10
Clay St. (Irvine Ave to St. Andrews Rd.)
Ficus microcarpa'Nitida
21
Cliff Drive (north side, west of Dover Dr.)
Agathus robusta
4
Cliff Drive Park (Scout House)
Ficus benjamina
1
Commodore Rd.
Eucalyptus citriodora
2
Corona del Mar State Beach
Washingtonia robusta
74
601 Dover Drive
Eucalyptus ficifolia
1
Dover Drive (Mariners Drive to Irvine Ave)
Eucalyptus globulus
6
Eastbluff Park
Ficus macrophylla
6
Glenwood Lane
Eucalytpus citriodora
2
Goldenrod Ave (Ocean Blvd. to Fifth Ave.)
Washingtonia robusta
144
Heliotrope Ave (Corona del Mar)
Pinus radiata
2
Irvine Ave (17th St. to Dover Dr.)
Phoenix dactylifera
30
Irvine Ave (17th St. to Dover Dr.)
Spathodea campanulata
39
128 Kings Place
Roystonea regia
1
L Street Park
Quercus suber
36
Leeward Lane
Fraxinus uhdea'Tomlinsori
38
M Street Park
Pinus pinea
1
Margaret Drive (median)
Erythrina caffra
1
14
G-1
Marguerite Ave. (Ocean Blvd. to Fifth Ave.)
Mariners Drive
Newport Center Drive
Poppy Ave (Corona del Mar)
Rhine Wharf Park
Along Riverside Ave (adjacent to Cliff Dr Park)
725 St. James Rd.
Sandalwood Lane
Santa Ana Ave.
Seaview Ave (Corona del Mar)
Shorecliffs Entrance
Starlight Circle
Via Lido Bridge
Waterfront Drive (Avocado Ave to Acacia Ave)
West Newport Park
15
Phoenix canariensis
64
Jacaranda mimosifolia
44
Washingtonia robusta
363
Eucalyptus rudis
24
Archontophoenix
12
cunninghamiana
Schinus terebinthefolius
10
Eucalyptus ficifolia
1
Eucalyptus citriodora
2
Eucalpytus robusta
39
Pinus radiata
1
Erythrina caffra
46
Eucalyptus citriodora
5
Eucalyptus globulus
16
Schinus molle
16
Metrosideros excelsus
55
G-6
MAINTENANCE AND PLANTING OF CITYTREES
The City Council is vitally interested in beautification of City parkways. The City will endeavor to
fund the care of the Urban Forest to the highest level possible through the efficient use of regular tree
trimming, root pruning, root barrier and pesticide programs. Public cooperation in helping to develop
and maintain healthy and attractive parkway trees is encouraged. Section 13.08.040 of the Municipal
Code prohibits any person from tampering with City trees.
L MAINTENANCE OF C I T Y TREES
The Municipal Operations Department will maintain City trees on a rotation schedule,
including but not limited to trimming, staking, root pruning, nutrition, and pest control. An
effort will be made to trim the parkway trees on less than a three-year cycle. More frequent
trimming may be performed on approved trees and in approved view areas. Public safety
issues such as low branches and heavy foliage will be given priority. An effort will be made
to trim parkway trees located in heavy summer traffic areas during the fall and winter
months. Annual trimming of certain species of trees prone to wind damage will be done
prior to the winter season.
II. TREE TRIMMING STANDARDS
Tree trimming cycles and trimming standards shall represent the maximum feasible frequency
given current fiscal conditions. Except as provided in the Supplemental Trimming Section below,
trimming shall be in accordance with the standards of the International Society of Arboriculture
(ISA). In those communities with a homeowner's association, periodic tree trimming with an
emphasis on crown reduction or vista trimming will be considered by the City Arborist upon written
request by the association.
III. SUPPLEMENTAL TREE TRIMMING
The City will consider requests to trim certain trees more frequently or to trim trees consistent
with practices applied prior to the adoption of ISA standards (to enhance public and private views,
preserve required sight/distance standards, or other public purposes) which are submitted by
affected private property owners or the board of a homeowners association and the request is
accompanied by a completed "Supplemental Tree Trimming Form" and full payment for the
requested tree trimming. However, since these practices often require 'topping' or possible
disfiguring of a tree(s) and are often aesthetically displeasing and injurious to a tree, reforestation
shall be considered when supplemental tree trimming is impractical or infeasible as determined
by the City Arborist.
The Landscape Manager shall establish procedures to implement the supplemental trimming
provisions of this Policy. In areas with an active homeowner's association, approval must be
obtained from a legally established association by the requestor of supplemental tree trimming
if the requested trimming is to be undertaken within the association boundaries.
G-6
IV. TREE DESIGNATION LISTS
The City Council has adopted an official street tree list, the Street Tree Designation
List (Exhibit A), which will be used by the Municipal Operations Department, to
determine species for replacement of trees removed from established parkways and for
planning purposes in all new subdivisions and commercial developments. A second list,
the Parkway Tree Designation List (Exhibit B), has been added as a species palette for
residents to choose approved, new and replacement, trees based on the size of parkway
available for planting. The Eastbluff Community Association has its own City approved
street tree list (Exhibit Q.
The Municipal Operations Director, or designee, will have the authority to add species to
the Street and Parkway Tree Designation Lists, which will be updated on an as -needed
basis by the Municipal Operations Department staff and reviewed by the Parks, Beaches
and Recreation Commission ("Commission") for approval before adoption by the City
Council.
V. STANDARDS AND SPECIFICATIONS FOR PLANTING CITY TREES
This Section is intended for planting parkway trees related to new construction, in
accordance with City Code 13.09.010.
General Requirements
1. 72-hour notification shall be given to the Municipal Operations Department staff by
permittees prior to the initial installation of parkway trees for approval of species,
material quality, and planting supervision. Inspection requests by permittees shall
be scheduled 24-hours in advance using the Public Works inspection request line or
via the City website as required.
2. Position of parkway trees is subject to approval by the Municipal Operations
Department, and any tree not properly placed will be relocated by permittees at no
cost to the City. In the interest of public safety, unless an exception is granted by
the City Arborist, trees shall be planted not less than:
• 15 feet back of beginning of curb returns at intersections.
• 10 feet from lamp standards.
• 10 feet from fire hydrants.
• 5 feet from service walks or driveways.
• 10 feet from meters and sewers.
• 25 feet from stop signs.
3. Trees shall be a minimum container size of 36" size box, if growth space allows.
N
G-6
• Condition: Plants shall be symmetrical, typical for variety and species,
healthy, vigorous, free from plant disease, insect pests and shall have
healthy, normal root system free from being root bound. Trees shall not
be pruned nor topped prior to delivery.
• Inspection: All plant material shall be subject to inspection and approval
by the Municipal Operations Department, Municipal Operations Department
staff prior to planting. The City has the right to reject any item offered in
its sole and absolute discretion.
• Parkway Tree Planting: Per City Standards as found in the Tree Planting
Detail available on the City's website.
4. Newly planted trees shall be irrigated with an automated system tied to the
property under construction.
5. GUARANTEES
• 36" boxed trees shall be guaranteed as to growth and health for a period
of one year after final acceptance by the Municipal Operations
Department staff.
• Trees that fail to grow or are injured or damaged during planting
operations shall be replaced within 15 days after notification.
Replacement material shall be guaranteed to be specified as original
guaranteed material.
VI. ESTABLISHED PARKWAYS
1. For all City tree planting in established parkways (not permit related), adjacent
property owners and/or applicants must:
• Choose from the species listed on the Street Tree Designation List where
it applies, or from the Parkway Tree Designation List for all other areas
for planting new and replacement trees.
• Accept responsibility for watering and fertilizing new trees.
• Contact the City Arborist by sending a written request for one or more
parkway trees or questions regarding this Policy to: Attn: City Arborist,
P. 0. Box 1768, Newport Beach, California 92659-1768. Email is also
available at pwinfonnewportbeachca. og_v
2. The City will:
• Approve species, location, and spacing of tree planting.
• Furnish, install, stake, and initially fertilize new trees (exception
would be trees planted in accordance with City Code 13.09.010).
W
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• Prune and spray tree as required.
• Approve type of root barriers for installation.
• Assume trimming responsibilities.
VII. PARKWAYS IN ESTABLISHED RETAIL COMMERCIAL/OFFICE CENTERS
Parkway street trees that are removed because they are diseased or have damaged
property may be replaced with the same species of trees (or a species other than the
designated street tree) provided (a) the parkway street tree is located adjacent to or within
an established retail commercial/office development; (b) replacement with the same
species will maintain the appearance of the streetscape and/or ensure consistency with an
established landscape master plan adopted by the adjoining landowner; (c) the parkway
street trees have a history of little or no hardscape damage nor injury claims related to
hardscape damage caused by the tree; and (d) the property owner has agreed in writing
to repair or pay the cost of repair/and or replacement of hardscape or underground
utilities damaged by the new trees.
[Attachment - Exhibit A]
[Attachment - Exhibit B]
[Attachment - Exhibit C]
History
Adopted I-19 -
11-22-1982
Amended I-19-
11-14-1983
Amended I-19-
10-22-1990
Amended I-19-
10-22-1992
Amended I-19
- 1-24-1994 (changed to G-6)
Amended G-6- 7-23-2002
Amended G-6 - 4-13-2004
Amended G-6 - 8-24- 2004
Amended G-6 - 9-8-2015
Amended G-6 - 8-8-2017
Amended G-6 -
2-9-2021
Amended G-6 -
11-14-2023
Amended G-6 -
11-14-2023
Amended G-6
12-9-2025
Amended G-6
2-24-2026
4
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Exhibit A
Street Tree Designation List
STREET TREE DESIGNATION LIST
ID
HOA
FROM
TO
BOTANICAL NAME
COMMON NAME
ANACAPA DR
Fashion Island
1300
1300
Ficus rubiginosa
1. Rusty Leaf Fig
BALBOA BLVD E
600
2100
Syagms romanzofliana
1. Queen Pahn
Arbutus unedo
1. Strawberry Tree
BALBOA BLVD W
1000
1500
Cassia leptophylla
2. Gold Medallion
Washingtonia robusta
Tree
3. Mexican Fan Pahn
BALBOA BLVD W Median
1000
3200
Washingtonia robusta
1. Mexican Fan Palm
BLUE KEY
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
Hills South
3600
3734
Gem'
Gem
BLUE WATER DR
Broadmoor
2501
2825
Magnolia grandii fora 'St
1. Magnolia, St.
Mary'
Marv's
BOMBERO ST
Fashion Island
800
800
Ficus ru iginosa
1. Rusty Leaf Fig
BRIGHTON RD
Cameo Shores
4501
4651
Bauhinia variegata
1. Purple Orchid
BUCK GULLY DR
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
Hills South
4000
4001
Gem'
Gem
CAMDEN DR Parkway
Cameo Shores
4501
4699
Bauhinia variegata
1. Purple Orchid
CAMDEN DR Slope
Cameo Shores
4500
4599
Bauhinia variegata
1. Purple Orchid
CAMEO HIGHLANDS DR
Cameo
500
735
Bauhinia variegata
1. Purple Orchid
Highlands
CAMEO SHORES RD Parkway
Cameo Shores
1 101
1 346
Bauhinia variegata
1. Purple Orchid
CAMEO SHORES RD Slope
Cameo Shores
100
350
Bauhinia variegata
1. Purple Orchid
G-6
Exhibit A
Street Tree Designation List
CATAMARAN DR
Harbor View
Magnolia grandiora Zittle
1. Magnolia, Little
Hills South
3400
3630
Gem'
Gem
1. Bauhinia blakeana
1. Hong
COAST HWY E
1600
1600
2. Archontophoenix
Kong
cunninghamiana
Orchid
2. King Pahn
1. Bauhinia blakeana
1. Hong
COAST HWY E
2200
3934
2. Arclwntophoenix
Kong
cunninghamirma
Orchid
2. King Palm
1. Bnuhinia blakeana
1. Hong
COAST HWY E
4001
4401
2. Archontophoenix
Kong
cunninghamirma
Orchid
2. King Palm
1. Bauhinia blakeana
1. Hong Kong
COAST HWY E
4104
4400
2. Archontophoenix
Orchid
cunninglumiiana
2. King Palm
1. Spathodea campanulata
1. African Tulip
COAST HWY E Median
300
2100
2. Archontophoenix
cunninghamiana
Tree
2. King Palm
CORTLAND DR
Cameo
Highlands
4500
4839
Bauhinia variegata
1. Purple Orchid
CROWN DR Even
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
Hills
2720
2740
Gem'
Gem
CROWN DR Parkway
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
Hills
2501
2735
Gem'
Gem
DE ANZA DR
Magnolia grandii fora
'cultivar'
G-6
Exhibit A
Street Tree Designation List
DORCHESTER RD
Cameo
Highlands
4500
4833
Bauhinia variegata
1. Purple Orchid
EBBTIDE RD Even
Harbor View
2700
2700
Magnolia grandiflora 'Little
1. Magnolia, Little
Hills
Gem'
Gem
EBBTIDE RD Parkway
Harbor View
1100
2915
Magnolia grandiflora 'Little
1. Magnolia, Little
Hills
Gem'
Gem
EVENING CANYON
301
365
Erythrina caffra
1. Coral Tree
RD
FAIRFIELD DR Parkway
Cameo Shores
4501
4645
Bauhinia variegata
1. Purple Orchid
FAIRFIELD DR Slope
Cameo Shores
4500
4500
Bauhinia variegata
1. Purple Orchid
FARALLON DR
Fashion Island
1900
2101
Ficus rubiginosa
1. Rusty Leaf Fig
GARRETT DR Parkway
Cameo
Highlands
501
725
Bauhinia variegata
1. Purple Orchid
GARRETT DR Slope
Cameo
Highlands
500
500
Bauhinia variegata
1. Purple Orchid
GOLDENROD AVE
200
721
Washingtonia robusta
1. Mexican Fan Palm
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
GOLDENROD AVE
Hills
900
1133
Gem'
Gem
HAMPDEN RD Even
Cameo Shores
4500
4700
Bauhinia variegata
1. Purple Orchid
HAMPDEN RD Parkway
Cameo Shores
4501
4717
Bauhinia variegata
1. Purple Orchid
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
HARBOR VIEW DR Parkway
Hills
2500
3007
Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1.Magnolia, Little
HARBOR VIEW DR Slope
Hills
2800
3101
Gem'
Gem
G-6
Exhibit A
Street Tree Designation List
1. Magnoliagrandiora
1. Magnolia, Little
HELIOTROPE AVE
200
721
Little Gem'
Gem
*7
2. Howea forsteriana
2. Kentia Palm
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
HERON WAY
Hills South
1300
1325
Gem'
Gem
Harbor View
Magnolia grandiflora
1. Magnolia, Little
INLET ISLE DR
Hills South
3701
4012
Little Gem'
Gem
1. Phoenix dactylifera
1. Date palm
IRVINE AVE Median
2. Spathodea campanulata
2. African tulip
1. Magnolia, grandflora
1. Magnolia, 'Little
Broadmoor
2501
2727
Little Gem'
Gem'
ISLAND VIEW DR
2. Howea forsteriana
2. Kentia Palm
1. Tabebuia impetiginosa
1. Pink or
500
600
2. Liquidambar styracii lua
Lavendar
JAMBOREE RD
Rotundiloba'
Trumpet
2. Roundleaf Sweet
Gum
1. Tabebuia impetiginosa
1.. Pink or
800
900
2. Liquidambar styracii lua
Lavendar
JAMBOREE RD Median
Rotundiloba'
Trumpet
2. Roundleaf Sweet
Gum
1. Tabebuia impetiginosa
1. Pink or
1100
1500
2. Liquidambar styracii lua
Lavendar
JAMBOREE RD Median
Rotundiloba'
Trumpet
2. Roundleaf Sweet
Gum
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
KEEL DR
Hills South
1200
1537
Gem'
Gem
G-6
Exhibit A
Street Tree Designation List
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
KEYBAY
Hills South
3800
3930
Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
KEY VIEW
Hills South
1436
1456
Gem'
Gem
KEY WEST
Harbor View
1200
1224
Magnolia grandiflora 'Little
1. Magnolia, Little
Hills South
Gem'
Gem
LIGHTHOUSE LN
Broadmoor
2500
282g
Magnolia grandiflora 'St
1. Magnolia, St.
Mary'
Mary's
MACARTHUR BLVD
1. Magnolia
1. Magnolia, Little
grandiflora 'Little
Gem
Gem'
2. Roundleaf Sweet
2. Liquidambar stymcifiva
Gum
Rotundiloba'
MARGUERITE AVE
200
721
Archontophoenix
1. King Palm
cunnin hamiana
Archontophoenix
MARGUERITE AVE
1600
1740
cunnin hamiana
1. King Palm
MARGUERITE AVE Even
1520
1520
Archontopoenix
1. King Palm
cunnin hnmiana
Cameo Shores
101
345
Bauhinia vatzegata
1. Purple Orchid
MILFORD DR
MORNING CANYON RD
318
342
Erythrina caffra
1. Coral Tree
NEWPORT BLVD
1. Tipuana tipu
1. Tipu
100
600
2. Tristania laurina
2. Water Gum
3. Washingtonia robusta
3. Mexican Fan Palm
G-6
Exhibit A
Street Tree Designation List
1. Tipuana tipu
1. Tipu
NEWPORT BLVD
2600
3300
2. Tristania laurina
2. Water Gum
3. Washingtonia robusta
3. Mexican Fan Palm
NEWPORT CENTER
100
900
Washingtonia robusta
1. Mexican Fan Palm
DR
NEWPORT CENTER
DR
1000
1200
Washingtonia robusta
1. Mexican Fan Palm
NEWPORT CENTER Median
100
900
Washingtonia robusta
1. Mexican Fan Palm
DR
NEWPORT CENTER Median
1000
1200
Washingtonia robusta
1. Mexican Fan Palm
DR
ORRINGTON RD Parkway
Cameo Shores
4500
4645
Bauhinia variegata
1. Purple Orchid
ORRINGTON RD Slope
Cameo Shores
4510
45101
Bauhinia variegata
1. Purple Orchid
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
OUTRIGGER DR
Hills South
1200
1430
Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
PARK GREEN DR
Hills South
3601
3907
Gem'
Gem
PEARL AVE
Balboa Island
100
132
Magnolia grandiflora
1. Magnolia, Samuel
'Samuel Sommers'
Sommers
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
PEBBLE DR Parkway
Hills
2700
2921
I Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
PEBBLE DR Slope
Hills
2800
2800
Gem'
Gem
PERHAM RD Parkway
Cameo Shores
4501
4645
Bauhinia variegata
1. Purple Orchid
PERHAM RD Slope
Cameo Shores
4500
4500
Bauhinia variegata
1. Purple Orchid
POPPY AVE
200
352
Tristania laurina
1.WaterGum
10
G-6
Exhibit A
Sheet Tree Designation List
Spathodea campmwlata
2.African
Tulip Tree
QUIET COVE
3400
3449
Geijera parvii fora
1. Australian Willow
ROCKFORD PL
Cameo
Highlands
500
521
Bauhinia variegata
1. Purple Orchid
ROCKFORD RD
I-Iig lands eo
500
721
Bauhinia variegata
1. Purple Orchid
ROXBURY RD
Cameo Shores
4500
4646
Bauhinia variegata
1. Purple Orchid
SALT AIR CIR
Broadmoor
2501
2601
Magnolia grand flora 'St
1. Magnolia, St.
Mary'
Mary's
SALT AIR DR Odd
Broadmoor
1301
1301
Magnolia grandiora 'St
1. Magnolia, St.
Mary'
Mary's
Magnolia grandiora 'St
1. Magnolia, St.
SALT AIR DR Slope
Broadmoor
1300
1320
Mary'
Marv's
SAN CLEMENTE DR
Fashion Island
850
901
Ficus rubiginosa
1. Rusty Leaf Fig
SAN MIGUEL DR
Fashion Island
300
366
Ficus rubiginosa
1. Rusty Leaf Fig
SAN MIGUEL DR
Fashion Island
1600
2601
Ficus rubiginosa
1. Rusty Leaf Fig
SAN NICOLAS DR
Fashion Island
500
567
Ficus rubiginosa
1. Rusty Leaf Fig
Harbor View
Magnolia grandii fora 'Little
1. Magnolia, Little
SAND KEY
Hills South
1200
1235
Gem'
Gem
Harbor View
Magnolia grandii fora Eittle
1. Magnolia, Little
SANDCASTLE DR
Hills South
850
1555
Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
SANDPIPER DR Parkway
Hills
1010
1106
Gem'
Gem
11
G-6
Exhibit A
Street Tree Designation List
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
SANDPIPER DR Slope
Hills
1015
1101
Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
SANDUNE LN
Hills South
3800
3930
Gem'
Gem
SANTA BARBARA
Fashion Island
870
1001
Ficus rubiginosa
1. Rusty Leaf Fig
DR
SANTA CRUZ DR
Fashion Island
800
901
Ficus rubiginosa
1. Rusty Leaf Fig
SANTA MARIA RD
Fashion Island
Ficus rubiginosa
1. Rusty Leaf Fig
SANTA ROSA DR
Fashion Island
1500
1501
Ficus rubiginosa
1. Rusty Leaf Fig
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
SAUSALITO DR
Hills South
3400
3621
Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
SEA LN
Hills
900
950
Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
SEABREEZE LN
Hills South
3400
3631
Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
SEACREST DR
Hills South
1200
1533
Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
SETTING SUN DR Parkway
Hills
2701
3007
Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
SETTING SUN DR Slope
Hills
2700
3000
Gem'
Gem
Harbor View
Magnolia grandiflora 'Little
1. Magnolia, Little
SURFVIEW LN
Hills South
3500
3620
Gem'
Gem
SURREY DR
Cameo
4500
4824
Bauhinia variegata
1. Purple Orchid
Highlands
12
G-6
Exhibit A
Street Tree Designation List
Harbor View
Magnolia grand�ora 'Little
1. Magnolia, Little
TILLER WAY
Hills South
900
1039
Gem'
Gem
TOPSIDE LN
Harbor View
3798
4015
Magnolia grandiora
1. Magnolia, Little
Hills South
Little Gem'
Gem
TREMONT LN Slope
Cameo Shores
4500
4600
Bauhinia variegata
1. Purple Orchid
WATERFRONT DR
2200
2220
Schinus molle
California Pepper
WAYNE RD
CameoHighlands
4500
4621
Bauhinia variegata
1. Purple Orchid
Harbor View
Magnolia grandiora 'Little
1. Magnolia, Little
WHITE SAILS WAY
Hills
1000
1133
Gem'
Gem
13
G-6
Exhibit B
City of Newport Beach Parkway Tree
Designation List
Pkwy Botanical Common Height Spread Type Water 24" 36" 48" Notes
Size Name Name Needs Avail. Avail. Avail.
2'+
Acacia baileyana
Bailey
25
15
Evergreen
L
Yes
No
No
Acacia
21+
Archontophoenix
King Palm
40
20
Evergreen
M
Yes
Yes
Yes
cunninghamiana
21+
Chionanthus
Chinese
20
15
Deciduous
M
Yes
Yes
No
retusus
Fringe
Tree
21+
Heteromeles
California
20
15
Evergreen
L
No
No
No
Available-15 Gal
arbutifolia
Holly
21+
Ligustrum
Glossy
25
15
Evergreen
L
Yes
Yes
No
lucidum
Privet
21+
Melaleuca
Pink
25
15
Evergreen
L
Yes
No
No
nesophila
Melaleuca
2'+
Photiniax fraseri
Fraser
20
10
Evergreen
M
Yes
Yes
No
Photinia
2'+
Prunus
Newport
15
10
Deciduous
Yes
No
No
cerasifera
Plum
'Newport'
2'+
Prunus
Dwarf
15
10
Deciduous
Yes
No
No
cerasifera
Purple
'Purple Pony'
Leafed
Plum
14
G-6
Exhibit B
City of Newport Beach Parkway Tree
Designation List
Pkwy Botanical Common Height Spread Type Water 24" 36" 48" Notes
Size Name Name Needs Avail. Avail. Avail.
2'+
Rhaphiolepis x
Indian
15
10
Evergreen
M
Yes
Yes
No
'Montie'
Hawthorne
2'+
Tecoma stans
Yellow Bells
20
15
Evergreen
M
Yes
No
No
2'+
Trachycarpus
Windmill
30
10
Evergreen
M
Yes
Yes
Yes
fortunei
Palm
2'+
Tristania laurina
Water
20
10
Evergreen
M
Yes
Yes
No
Gum
3'+
Betula pendula
European
40
25
Deciduous
H
Yes
Yes
Yes
White Birch
3'+
Brahea armata
Mexican
30
15
Evergreen
L
Yes
No
No
Blue Palm
3'+
Brahea edulis
Guadalupe
30
10
Evergreen
L
No
Yes
No
Palm
3'+
Cercis
Forest
15
10
Deciduous
M
Yes
Yes
No
canadensis
Pansy
'Forest Pansy'
Redbud
31+
Cercis
Western
15
10
Deciduous
L
Yes
Yes
No
occidentalis
Redbud
31+
Chitalpa
Chitalpa
25
25
Deciduous
L
Yes
Yes
No
tashkentensis
15
G-6
Exhibit B
City of Newport Beach Parkway Tree
Designation List
Pkwy Botanical Common Name Height Spread Type Water 24" 36" 48" Notes
Size Name Needs Avail. Avail. Avail.
3'+
Duranta
Golden
20
15
Evergreen
M
Yes
No
No
repens
Dewdrop
3'+
Eriobotrya
Bronze Loquat
25
25
Evergreen
M
Yes
Yes
No
deflexa
3+
Handroanthus
Yellow
25
20
Deciduous
M
Yes
No
No
chrysotricha
Trumpet Tree
3'+
Heteromeles
Toyon Tree
15
10
Evergreen
L
No
No
No
Available-15 Gal
arbutifolia
3'+
Howea
Kentia Palm
35
20
Evergreen
M
Yes
Yes
No
forsteriana
3'+
Hymenesporum
Sweetsha de
40
20
Evergreen
M
No
No
No
Available-15 Gal
flavum
3'+
Lagerstroemia
Crape Myrtle
25
20
Deciduous
M
Yes
Yes
Yes
Natchez (white)
indica 'Indian
Tribes'
Dynamite (vibrant red),
Tuscarora (pink)
Muskogee (purple)
3'+
Livistona
Chinese
20
10
Evergreen
M
Yes
No
No
chinensis
Fountain
Palm
16
G-6
Exhibit B
City of Newport Beach Parkway Tree
Designation List
Pkwy Botanical Common Height Spread Type Water 24" 36" 48" Notes
Size Name Name Needs Avail. Avail. Avail.
3'+
Livistona decora
Fountain
20
10
Evergreen
M
Yes
No
No
Palm
3'+
Magnolia
Little
20
15
Evergreen
M
Yes
Yes
Yes
grandiflora'Little
Gem
Gem'
Magnolia
31+
Maytenus
Mayten
20
15
Evergreen
M
Yes
Yes
Yes
boaria
Tree
31+
Rhus
Lemonade
10
10
Evergreen
VL
No
No
No
Available -IS Gal
integrifolia
Berry
3'+
Syagrus
Queen
50
20
Evergreen
M
Yes
Yes
Yes
romanzoffiana
Palm
3'+
Washingtonia
Mexican Fan
90
20
Evergreen
L
Yes
Yes
No
robusta
Palm
3'+
Wodyetia
Foxtail
40
20
Evergreen
M
Yes
No
No
bifurcata
Palm
4'+
Arbutus
Strawberry
20
20
Evergreen
L
Yes
Yes
Yes
'Marina'
Tree
4'+
Brachychiton
Bottle tree
50
40
Evergreen
L
Yes
Yes
No
populeneus
4'+
Cassia leptophylla
Gold
25
20
Evergreen
M
Yes
Yes
No
Medallion
tree
4'+
Geij era parvifolia
Australian
40
25
Evergreen
L
Yes
Yes
Yes
Willow
17
G-6
Exhibit B
City of Newport Beach Parkway Tree
Designation List
Pkwy Botanical Common Height Spread Type Water 24" 36" 48" Notes
Size Name Name Needs Avail. Avail. Avail.
4'+
Laurus noblis
Grecian Laurel
40
30
Evergreen
L
Yes
Yes
Yes
41+
Laurus
Saratoga Laurel
40
30
Evergreen
L
Yes
No
No
'Saratoga'
4'+
Melaleuca
Lemon
25
20
Evergreen
L
Yes
Yes
No
citrinus
Bottlebrush
4'+
Melaleuca
Weeping
25
20
Evergreen
M
Yes
Yes
No
viminalis
Bottlebrush
4'+
Rhus lancea
African Sumac
25
20
Evergreen
L
Yes
No
No
4'+
Spathodea
African Tulip
30
20
Evergreen
M
Yes
Yes
No
campanulata
Tree
4'+
Stenocarpus
Firewheel Tree
25
15
Evergreen
M
Yes
No
No
sinuatus
5'+
Agonis
Peppermint
35
35
Evergreen
L
Yes
No
Yes
flexuosa
Tree
5'+
Agonis
Afterdark
35
35
Evergreen
L
Yes
No
No
flexuosa
Peppermint
Afterdark'
Willow
5'+
Albizia
Silk Tree
40
40
Deciduous
M
Yes
Yes
No
-t
julibrissin
18
G-6
Exhibit B
City of Newport Beach Parkway Tree
Designation List
Pkwy Botanical Common Height Spread Type Water 24" 36" 48" Notes
Size Name Name Needs Avail. Avail. Avail.
51+
Bauhinia variegata
Purple
30
20
Deciduous
M
Yes
Yes
No
Orchid
Tree
51+
Brachychiton
Flame
40
30
Evergreen
L
Yes
Yes
No
acerfolius
Tree
5'+
Calodendron
Cape
40
40
Deciduous
M
Yes
No
No
capense
Chestnut
5'+
Erythrina
Naked
30
30
Deciduous
L
Yes
Yes
No
americana (E.
Coral
coralloides)
Tree
5'+
Fraxinus
Raywood
35
30
Deciduous
M
Yes
Yes
Yes
oxycarpa
Ash
'Ra ood'
5'+
Ginkgo biloba
Maidenhair
60
40
Deciduous
M
Yes
Yes
Yes
'Fruitless'
Tree
51+
Tabebuia
Pink
30
30
Deciduous
M
Yes
Yes
Yes
heterophylla
Trumpet
Tree
5'+
Jacaranda
Jacaranda
40
50
Deciduous
M
Yes
Yes
Yes
mimosifolia
5'+
Koelreuteria
Goldenrain
25
25
Deciduous
L
Yes
Yes
Yes
paniculata
Tree
5'+
Lophostemon
Brisbane
60
40
Evergreen
M
Yes
Yes
Yes
confertus
Box
19
G-6
Exhibit B
City of Newport Beach Parkway Tree
Designation List
Pkwy Botanical Common Height Spread Type Water 24" 36" 48" Notes
Size Name Name Needs Avail. Avail. Avail.
5'+
Lyonothamnus
Catalina
50
30
Evergreen
VL
Yes
No
No
floribundus
Ironwood
5'+
Magnolia
Majestic
40
20
Evergreen
M
Yes
Yes
Yes
grandiflora
Beauty
'Majestic
Magnolia
Beauty'
51+
Magnolia
Russett
20
15
Evergreen
M
Yes
Yes
Yes
grandiflora
Magnolia
Russett'
5'+
Magnolia
Saint
25
20
Evergreen
M
Yes
Yes
Yes
grandiflora
Mary
'Saint Mary'
Magnolia
5'+
Magnolia
Samuel
40
30
Evergreen
M
Yes
Yes
Yes
grandiflora
Sommer
'Samuel
Magnolia
Sommer'
5'+
Melaleuca
Flaxleaf
30
30
Evergreen
L
Yes
No
No
linnarifolia
Paperbark
5'+
Metrosideros
New
40
40
Evergreen
M
Yes
No
No
excelsa
Zealand
Christmas
Tree
20
G-6
Exhibit B
City of Newport Beach Parkway Tree
Designation List
Pkwy Botanical Name Common Height Spread Type Water 24" 36" 48" Notes
Size Name Needs Avail. Avail. Avail.
51+
Parkinsonia x
Desert
30
35
Semi
L
Yes
Yes
Yes
'Desert
Museum
Museum'
Palo Verde
5'+
Pinus brutia
Afghan
60
50
Evergreen
L
Yes
Yes
Yes
Pine
51+
Pistacia
Chinese
40
40
Deciduous
M
Yes
Yes
Yes
chinensis
Pistache
5'+
Podocarpus
Yew Pine
50
50
Evergreen
M
Yes
No
No
macrophyllus
5'+
Prunus
Catalina
30
30
Evergreen
VL
No
No
No
Available-15 Gal
ilicifolia
Cherry
subsp.lyonn
5'+
Pyrus
Dancer
25
20
Deciduous
Yes
Yes
No
betulaefolia
Pear
'Southworth'
5'+
Pyrus calleryana
Aristocrat Pear
30
40
Deciduous
M
Yes
Yes
Yes
'Aristocrat'
5'+
Pyrus calleryana
Chanticle er
35
20
Deciduous
M
Yes
Yes
Yes
'Chanticleer'
Pear
21
G-6
Exhibit B
City of Newport Beach Parkway Tree
Designation List
Pkwy Botanical Name Common Height Spread Type Water 24" 36" 48" Notes
Size Name Needs Avail. Avail. Avail.
51+
Pyrus
Redspire Pear
35
25
Deciduous
M
Yes
Yes
Yes
calleryana
'Reds ire'
51+
Pyrus
Evergreen
35
25
Deciduous
M
Yes
Yes
No
kawakamii
Pear
51+
Quercus
Blue Oak
50
50
Deciduous
VL
Yes
Yes
No
douglasii
5'+
Quercus ilex
Holly Oak
50
50
Evergreen
L
Yes
Yes
Yes
5'+
Sapium
Chinese
40
35
Deciduous
M
Yes
Yes
No
sebiferum
Tallow
Tree
5'+
Sophora
Chinese
40
40
Deciduous
M
Yes
Yes
No
japonica
Scholar
'Regent'
Tree
81+
Araucaria
Norfolk
80
30
Evergreen
M
Yes
Yes
No
heterophylla
Island Pine
81+
Brachychiton
Pink Flame
70
50
Semi
L
No
No
No
Available-15 Gal
discolor
Tree
81+
Cinnamomum
Camphor Tree
50
60
Evergreen
M
Yes
Yes
Yes
cam Nora
22
G-6
Exhibit B
City of Newport Beach Parkway Tree
Designation List
Pkwy Botanical Name Common Height Spread Type Water 24" 36" 48" Notes
Size Name Needs Avail. Avail. Avail.
81+
Erythrina caffra
Kaffirboom
40
40
Evergreen
L
Yes
Yes
No
Coral
Tree
81+
Fraxinus velutina
Modesto Ash
50
30
Deciduous
M
Yes
Yes
Yes
'Modesto'
81+
Koelreuteria
Chinese
50
50
Deciduous
M
Yes
Yes
Yes
bipinnata
Flame
Tree
81+
Pinus canariensis
Canary
80
50
Evergreen
L
Yes
Yes
Yes
Island Pine
81+
Pinus pinea
Italian
60
40
Evergreen
L
Yes
Yes
Yes
Stone Pine
81+
Pinus
Torrey Pine
70
40
Evergreen
L
Yes
Yes
No
torre ana
81+
Platanus x
London
70
40
Deciduous
M
Yes
Yes
No
hispanica
Plane
Tree
81+
Platanus
Mexican
60
40
Evergreen
M
Yes
Yes
No
mexicana
Sycamore
81+
Platanus racemosa
California
60
40
Deciduous
M
Yes
Yes
Yes
Sycamore
23
G-6
Exhibit B
City of Newport Beach Parkway Tree
Designation List
Pkwy Botanical Name Common Height Spread Type Water 24" 36" 48" Notes
Size Name Needs Avail. Avail. Avail.
8+
Podocarpus
Fern Pine
60
60
Evergreen
M
Yes
Yes
Yes
acilior
81+
Quercus
Coast
70
80
Evergreen
L
Yes
Yes
Yes
agrifolia
Live Oak
81+
Quercus
Engleman
60
80
Evergreen
L
Yes
Yes
No
engelmannii
Oak
81+
Quercus lobata
Valley
70
50
Deciduous
L
Yes
Yes
No
Oak
81+
Quercus virginiana
Southern
60
80
Evergreen
M
Yes
Yes
Yes
Live Oak
81+
Roystonea
Cuban
80
40
Evergreen
M
Yes
Yes
No
regia
Royal
Palm
8'+
Schinus molle
California
40
50
Evergreen
VL
Yes
Yes
Yes
Pepper
8'+
Tipuana tipu
Tipu Tree
50
60
Semi
M
Yes
Yes
Yes
81+
Ulmus
"Drake"
60
60
Semi
M
Yes
Yes
Yes
parvifolia
Chinese
'Drake'
Elm
81+
Zelkova
Sawleaf
40
40
Deciduous
L
Yes
Yes
No
serrata
Zelkova
24
G-6
Exhibit C
Eastbluff Community Association Street Tree
Designation List
Pkwy Botanical Name Common Height Spread Type Water 24" 36" 48" Notes
Size Name Needs Avail. Avail. Avail.
21+
Tabebuia chrysotricha
Yellow
25
20
Deciduous
M
Yes
No
No
Trumpet Tree
3'+
Cercis
Forest
15
10
Deciduous
M
Yes
Yes
No
canadensis'Forest
Pansy
Pansy'
Redbud
3'+
Cercis occidentalis
Western
15
10
Deciduous
L
Yes
Yes
No
Redbud
3'+
Chitalpa tashkentensis
Chitalpa
25
25
Deciduous
L
Yes
Yes
No
3'+
Eryobotrya deflexa
Bronze
25
25
Evergreen
M
Yes
Yes
No
no fruit
Loquat
3'+
Lagerstroemia indica
Crape Myrtle
25
20
Deciduous
M
Yes
Yes
Yes
'Indian Tribes'
3'+
Magnolia
Little Gem
20
15
Evergreen
M
Yes
Yes
Yes
grandiflora'Little Gem'
Magnolia
31+
Rhus lancea
African
25
20
Evergreen
L
Yes
No
No
Sumac
25
G-6
Exhibit C
Eastbluff Community Association Street Tree
Designation List
Pkwy Botanical Common Height Spread Type Water 24" 36" 48" Notes
Size Name Name Needs Avail. Avail. Avail.
4'+
Arbutus unedo
Strawberry
20
20
Evergreen
L
Yes
Yes
Yes
Tree
4'+
Cassia
Gold
25
20
Evergreen
M
Yes
Yes
No
Ieptophylla
Medallion
tree
41+
Geijera
Australian
40
25
Evergreen
L
Yes
Yes
Yes
parvifolia
Willow
41+
Spathodea
African Tulip
30
20
Evergreen
M
Yes
Yes
No
campanulata
Tree
51+
Agonis
Peppermint
35
35
Evergreen
L
Yes
No
Yes
flexuosa
Tree
51+
Albizia
Silk Tree
40
40
Deciduous
M
Yes
Yes
No
'ulibrissin
5'+
Bauhinia
Purple Orchid
30
20
Deciduous
M
Yes
Yes
No
variegata
Tree
(purpurea)
5'+
Brachychiton
Flame Tree
40
30
Evergreen
L
Yes
Yes
No
acerfolius
5'+
Calodendron
Cape Chestnut
40
40
Deciduous
M
Yes
No
No
ca ense
51+
Fraxinus
Raywood Ash
35
30
Deciduous
M
Yes
Yes
Yes
oxycarpa
'Raywood'
5'+
Ginkgo biloba
Maidenhair
60
40
Deciduous
M
Yes
Yes
Yes
'Fruitless'
Tree
26
G-6
Exhibit C
Eastbluff Community Association Street Tree
Designation List
Pkwy Botanical Common Height Spread Type Water 24" 36" 48" Notes
Size Name Name Needs Avail. Avail. Avail.
5'+
Jacaranda
Jacaranda
40
50
Deciduous
M
Yes
Yes
Yes
mimosifolia
5'+
Koelreuteria
Goldenrain
25
25
Deciduous
L
Yes
Yes
Yes
paniculata
Tree
5'+
Lyonothamnus
Catalina
50
30
Evergreen
VL
Yes
No
No
floribundus
Ironwood
5'+
Magnolia
Russett
20
15
Evergreen
M
Yes
Yes
Yes
grandiflora
Magnolia
Russett'
51+
Magnolia
Saint Mary
25
20
Evergreen
M
Yes
Yes
Yes
grandiflora
Magnolia
'Saint Mary'
51+
Magnolia
Samuel
40
30
Evergreen
M
Yes
Yes
Yes
grandiflora'Samuel
Sommer
Sommer'
Magnolia
51+
Magnolia
Majestic
40
20
Evergreen
M
Yes
Yes
Yes
grandiflora.
Beauty
'Majestic Beauty'
Magnolia
51+
Melaleuca
Flaxleaf
30
30
Evergreen
L
Yes
No
No
linnarifolia
Paperbark
51+
Melaleuca
Cajeput
40
20
Evergreen
M
Yes
Yes
Yes
quinquinerva
Tree
(virididfolia)
27
G-6
Exhibit C
Eastbluff Community Association Street Tree
Designation List
Pkwy Botanical Common Height Spread Type Water 24" 36" 48" Notes
Size Name Name Needs Avail. Avail. Avail.
5'+
Metrosideros
New Zealand
40
40
Evergreen
M
Yes
No
No
excelsa
Christmas
Tree
51+
Pistacia chinensis
Chinese
40
40
Deciduous
M
Yes
Yes
Yes
Pistache
51+
Prunus ilicifolia
Catalina
30
30
Evergreen
VL
No
No
No
Available -15 Gal
subsp.lyonii
Cherry
51+
Quercus
Blue Oak
50
50
Deciduous
VL
Yes
Yes
No
douglasii
5'+
Quercus ilex
Holly Oak
50
50
Evergreen
L
Yes
Yes
Yes
5'+
Tabebuia
Pink Trumpet
30
30
Deciduous
M
Yes
Yes
Yes
heterophyll
Tree
81+
Brachychiton
Pink Flame
70
50
Semi
L
No
No
No
Available-15 Gal
discolor
Tree
81+
Cinnamomum
Camphor
50
60
Evergreen
M
Yes
Yes
Yes
camphora
Tree
81+
Fraxinus
Modesto Ash
50
30
Deciduous
M
Yes
Yes
Yes
velutina
'Modesto'
81+
Lophostemon
Brisbane
60
40
Evergreen
M
Yes
Yes
Yes
confertus
Box
81+
Platanus
London
70
40
Deciduous
M
Yes
Yes
No
acerifolia
Plane Tree
28
G-6
Exhibit C
Eastbluff Community Association Street Tree
Designation List
Pkwy Botanical Common Height Spread Type Water 24" 36" 48" Notes
Size Name Name Needs Avail. Avail. Avail.
8'+
Podocarpus
Fern Pine
60
60
Evergreen
M
Yes
Yes
Yes
gracilior
(Afrocarpus
gracilior)
81+
Schinus molle
California
40
50
Evergreen
VL
Yes
Yes
Yes
Pepper
81+
Tipuana tipu
Tipu Tree
50
60
Semi
M
Yes
I Yes
I Yes
81+
Ulmus parvifolia
"Drake"
60
60
Semi
M
Yes
Yes
Yes
Chinese Elm
29
L-16
TEMPORARY BANNERS EXTENDING OVER OR WITHIN
THE PUBLIC RIGHT-OF-WAY
Findings and Purpose
Temporary banners and signs pose risks to the public in the form of potential physical obstructions in or
over the right-of-way and by distracting an individual who otherwise would, and should, focus on other
users. The City Council also finds that, in the absence of the size and number limits specified in this policy,
temporary banners or signs could reduce property values, adversely impact land uses, and interfere with the
recreational objectives of visitors to the City of Newport Beach. A total prohibition on the installation of
temporary banners and signs within the public right-of-way is appropriate, with the exception of the
provisions of this Policy and Newport Beach Municipal Code Chapter 20.42, because there are adequate
alternative means of communication for those wishing to engage in commercial or non-commercial speech
except for non-profit groups organizations conducting community wide events that are co -sponsored by the
City of Newport Beach and open to the general public. Finally, the City Council has determined that the
restrictions contained in this policy and the provisions of Newport Beach Municipal Code Title 20 are the
least restrictive means available to accomplish the public safety, economic, and aesthetic objectives of the
City Council.
General Provisions
Temporary banners and signs shall not be permitted within or over any public street or pedestrian right-of-
way with the exception of those signs specified in Newport Beach Municipal Code Chapter 20.42, or any
successor statute, and banners notifying the general public of a community wide event, open to the general
public, conducted by a non-profit corporation or organization, and co -sponsored by the City of Newport
Beach. Temporary banners and signs shall be installed in strict compliance with the provisions of this Policy
and any conditions imposed on the permit by the Public Works Director and, if required, by the Utilities
Director.
Permit Process
A. Except as provided in Newport Beach Municipal Code Title 20, or any successor statute, no person
shall install any temporary banner or sign within any public right-of-way without first obtaining a
permit issued by the Public Works Department.
B. Applications for a temporary banner permit shall be submitted to the Public Works Department on
a form supplied by the City, and prior to thirty (30) days of planned installation date.
C. The Public Works Director shall determine if the application complies with the standards specified
in this policy.
D. The Public Works Director shall approve/deny/recommend City Council approval of the application
within five (5) working days. If the City Council approves the request, subsequent requests for the
same event maybe approved by the City Manager, provided that the size, number, location, and
banner type (language and graphics) are unchanged.
L- l 6
E. The Public Works Director shall approve the permit if the application conforms with the standards
contained in this policy.
F. The Public Works Director shall deny the permit if the application does not conform to the standards
in this policy and shall give the applicant written notice of, and the reasons for, the denial.
G. The Public Works Director may impose a refundable security deposit to be applied to any damages,
repairs to standards, poles, or City property not corrected by permittee within fourteen (14) days of
banner removal or any special services required by City.
H. The Permittee shall agree to indemnify and hold harmless the City of Newport Beach.
I. The Permittee shall maintain a minimum of $1,000,000 in liability insurance from a company with
a Best's Key Rating Guide parameter of "A" or better and a financial size category of "VIII" or
higher.
Standards
A. Manner of Installation
1. Permittee shall install no more than 100 banners;
2. a) Banners on streetlight poles shall be no more than two -and -one-half (2.5) feet wide
and eight (8) feet high. Wind load calculations, determined by a registered engineer,
shall be required for banners greater than twenty (20) square feet;
b) Banners other than streetlight pole banners shall be no more than four (4) feet by
eight (8) feet wide and are subject to review and approval for safety sight distance
and clearance issues.
3. No more than one (1) banner shall be installed on any pole or standard and banners may not
be installed between poles or standards;
4. The banners shall contain only the name of the permittee and if applicable, the date, time,
and name of the event to be conducted by the permittee;
5. All banner brackets on streetlight poles shall be mounted at least fourteen (14) feet above
the ground surface;
6. All banner brackets on streetlight poles shall be installed using stainless steel band clamps
and the brackets must be sufficiently strong to withstand wind -load generated by ninety (90)
mile per hour winds. Each banner shall have a minimum of two (2), five (5) inch half circle
wind slits;
7. Poles or standards shall be wrapped with forty-five (45) milliliter thick black rubber sheet
or other pre -approved material under all stainless steel brackets and clamps and no portion
of any bracket shall be in direct contact with the surface of any street light pole or standard.
L-16
In addition, all street light pole(s) being used shall be inspected and approved by the Utilities
Department;
8. Banners shall be installed only at locations specified on the permit;
9. Permittee shall install and remove banners in strict compliance with the traffic control,
signage and warning device criteria specified in the WATCH handbook and/or the California
Manual on Uniform Traffic Control Devices; and
10. If more than one permittee requests the use of the same street light pole(s) at the same time,
the City may require removal of some of the banners to allow other organizations to install
banners authorized under City policies.
B. Time of Installation
1. Permittee shall contact the Public Works Department at least forty-eight (48) hours prior to
the installation of any banner on streetlight poles pursuant to the permit; and
2. All banners and supporting material shall be removed within thirty (30) days after the date
of installation.
C. Place of Installation
1. Banners shall only be installed on City -owned poles and standards, or approved locations in
roadway medians, in City parks, and on other City owned facilities;
2. Banners shall not be installed on any pole or standard which could create sight distance
problems for pedestrian or vehicular traffic;
3. Banners shall not be installed on poles or standards in any residential district;
4. Banners shall only be installed at the approved locations indicated on the plan submitted
with the banner application; and
5. City -owned poles within Caltrans right-of-way shall require an additional review/approval
process with Caltrans Permit Department.
History
Adopted L-8 —
10-25-1977
Adopted M-4 —
1-24-1994
Amended M-4
— 2-26-1996 (changed to L-16)
Amended L-16
— 2-24-1997
Amended L-16
— 5-8-2001
Amended L-16
— 4-8-2003
Amended L-16
— 10-10-2006
Amended L-16
— 5-14-2013
Amended L-16
— 5-12-2015
3
L-16
Amended L-16 — 8-14-2018
Amended L-16 — 2-24-2026
L-23
REDUCING BARRIERS TO WIRELESS SERVICE FACILITIES ON PRIVATELY OWNED
PROPERTY, ON CITY -OWNED AND CITY -HELD TRUST PROPERTY, AND THE PUBLIC
RIGHT-OF-WAY
Purpose
The purpose of this policy is to reduce barriers to wireless service facilities on private property, City -owned
and City -held trust property, and the public right-of-way. This policy describes the manner in which these
locations may be used as locations for personal wireless service facilities that transmit voice and/or data.
Policy
It is the Policy of the City to effectively balance the needs of its residents, visitors, and businesses to use
and have access to state-of-the-art wireless telecommunication systems (such as wireless Internet, voice,
and other data communications) with the needs of residents to safely and effectively enjoy their property.
This Policy shall be used when considering applications to install wireless communications devices on
private property, City -owned, or City -held property by any wireless telecommunications provider or siting
company.
Except for sites identified as ineligible for personal wireless service facilities pursuant to this Policy, all
proposals affecting City -owned or City -held trust property shall be processed through the Community
Development Department and the Public Works Department and shall be exempt facilities as provided in
Chapters 20.49 and 21.49.
Chapters 20.49 and 21.49 of the Newport Beach Municipal Code (NBMC) shall be used for wireless service
facilities on private property. The NBMC shall be reviewed to reduce the barriers to wireless service
facilities.
Agreement Required
All personal wireless service facilities located on City -owned property or City -held Trust property, or in
the public right-of-way must have an agreement approved as to form by the City Attorney and approved as
to substance (including, but not limited to, compensation, term, insurance requirements, bonding
requirements, and hold harmless provisions) by the City Manager. The agreement shall be executed prior
to the issuance of a street construction permit (encroachment permit).
City Sites Eligible or Ineligible for Personal Wireless Service Facility Placement
A. Sites Eligible for Use. The City Council has determined that the following City locations are
acceptable for placement of personal wireless service facilities, in no particular order of preference:
Newport Beach Civic Center.
2. Parks.
L-23
3. Police Headquarters.
4. Lifeguard Headquarters.
5. The Community Centers.
6. Medians and parkways along public streets
7. The Central Library and Branch Libraries.
8. The Corporate Yards.
9. Qualifying City -held easements.
10. Streetlights (following certification and acceptance by the Utilities Department of an
effective test of the facility's impacts to the light standard under various environmental
conditions), which may be located upon the right-of-way, or City -trust held property.
11. Leased City property, subject to the lease provisions.
12. Open space areas owned by the City where no sensitive habitat exists and the personal
wireless service facilities are located on existing structures, are designed to be unobtrusive
and/or stealth -integrated to preserve the visual character and natural landscape of the site.
B. Sites Ineligible for Use. The City Council has determined that the following City locations are
unacceptable for placement of personal wireless service facilities:
1. Open space areas owned by the City where placement of facilities in these areas would
aesthetically impair the pristine nature of the area.
2. Other properties owned by the City where the placement of facilities would conflict with
existing structures, including utilities, or otherwise impact use of the facility or property for
its designated purpose.
3. Traffic signal poles.
Compensation and Term
The City Manager shall follow these rules when developing any agreement for the placement of any
personal wireless service facilities on City -owned or City -held trust property, or in the public right-of-way:
A. Compensation for personal wireless services facilities located in the public right-of-way shall be
based on the rates established by Federal Communications Commission (FCC) Small Cell Order
(FCC 18-133).
B. Compensation on City -owned property other than a City streetlight shall be determined based on
the California Department of General Services published telecommunications lease rates for
PJ
L-23
installation of all types on City -owned public, non-commercial, and commercial properties, as
may be amended or replaced. At the discretion of the City Manager, a discount not to exceed
twenty percent (20%) may be applied to these rates to facilitate the installation of personal
wireless service facilities in locations that address local coverage gaps or improves
telecommunication coverage for residents.
C. The Agreement shall provide for a specific term to be determined by the City Manager.
D. The Agreement shall provide for the following rent adjustments:
1. Rent adjustments for personal wireless services facilities located in the public right-of-way
shall be adjusted annually by the Consumer Price Index (CPI), or any subsequent rates
established by the FCC .
2. Rent adjustment on City -owned property other than City streetlights shall be adjusted
annually based on the California Department of General Services published
telecommunications lease rates.
E. The Agreement shall require the applicant to post a bond, letter of credit, or other financial
security/securities ("Financial Security") in an amount that equals or exceeds the anticipated cost of
removing the personal wireless service facility or personal wireless service facilities and repairing
any damage to City property at the completion of the Agreement term or in the event that the
applicant ceases use of or abandons the personal wireless service facility or otherwise does not
remove the personal wireless service facility including any equipment or cabinet whether
underground, in the public right-of-way, or on City or private property. The Financial Security shall
name the City as eligible for receipt of the Financial Security's proceeds if the applicant ceases use
of or abandons the personal wireless service facility(ies).
City Communications Systems Exempt
This Policy shall not apply to any communications system used by City personnel for communications
deemed necessary for City operations.
History
Adopted L-23 —
9-24-2002
Amended L-23
— 10-10-2006
Amended L-23
— 8-14-2018
Amended L-23
— 2-24-2026
3
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Lena Shumway, City Clerk of the City of Newport Beach, California, do hereby certify
that the whole number of members of the City Council is seven; the foregoing Resolution No. 2026-15 was
duly adopted by the City Council of said City at a regular meeting held on the 24th day of February, 2026,
by the following vote, to wit:
AYES: Mayor Lauren Kleiman, Mayor Pro Tern Noah Blom, Councilmember Michelle Barto,
Councilmember Robyn Grant, Councilmember Joe Stapleton, Councilmember Sara J.
Weber, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 25th day of February, 2026.
Lena Shumway
City Clerk
City of Newport Beach, California