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City Council

September 9, 2025 ·4:00 PM Final ·**AMENDED AGENDA** REGULAR MEETING - 4:00 P.M. CLOSED SESSION FOLLOWS MOTION FOR RECONSIDERATION

Council Chambers

Agenda — 56 items

  1. I. ROLL CALL - 4:00 p.m.
  2. II. INVOCATION - Reverend Matthew Hambrick - First United Methodist Church
  3. III. PLEDGE OF ALLEGIANCE
  4. IV. PRESENTATIONS
  5. Proclaiming September 2025 as Hunger Action Month - Second Harvest Food Bank 25-1091
  6. The 1970’s: Defeat of the Coastal Freeway Plan – Bill Lobdell, City Historian Laureate 25-1141
  7. Fire Pathways Presentation 25-1092
  8. V. PUBLIC COMMENTS ON AGENDA AND NON AGENDA ITEMS
  9. VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
  10. VII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON-DISCUSSION ITEM)
  11. Consider initiating a comprehensive review of regulations related to smoking and nitrous oxide, including the sale, distribution, and use of flavored tobacco products and nitrous oxide. This review should include, but not be limited to: (1) a potential amendment to the Municipal Code to address the sale, distribution, and use of flavored tobacco and nitrous oxide; and (2)  the initiation of amendments to the Zoning Code and Local Coastal Program to evaluate potential modifications to zoning designations and regulations pertaining to smoke shops, smoking lounges, and other smoke-related businesses in Newport Beach, as well as the adoption of a temporary moratorium on the establishment of new smoke shops pending the outcome of this review (submitted by Mayor Pro Tem Kleiman). 25-1132
  12. VIII. PUBLIC COMMENTS ON CONSENT CALENDAR
  13. IX. CONSENT CALENDAR
  14. X. READING OF MINUTES AND ORDINANCES
  15. 1. Minutes for the August 26, 2025, Special City Council Meeting and the August 26, 2025, Regular City Council Meeting 25-1093
  16. 2. Reading of Ordinances 25-1095
  17. XI. ORDINANCE FOR INTRODUCTION
  18. 3. Ordinance No. 2025-22: Amending Chapter 10.08 (Use of Public Property and Interference with Public Access) of the Newport Beach Municipal Code to Add Provisions Related to the Protection of Pedestrians, Vehicle Traffic and Landscaping 25-1078
  19. XII. ORDINANCES FOR ADOPTION
  20. 4. Ordinance 2025-19: Amending Title 11 (Recreational Activities) of the Newport Beach Municipal Code Related to the Prohibition of Climbing on Railings of Public Property and Amending Title 11 (Recreational Activities) Related to Swimming Regulations and Restrictions on Diving, Jumping and Climbing on Public Property Adjacent to Waterways 25-1100
  21. 5. Ordinance No. 2025-20: Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Updating ADU and JADU Standards (PA2025-0093) 25-1143
  22. XIII. RESOLUTIONS FOR ADOPTION
  23. 6. Resolution No. 2025-56: Supporting Submission of a Revised Grant Application Under the Orange County Transportation Authority Measure M2 Project V Program for Local Transit Services 25-1103
  24. 7. Resolution No. 2025-57: Opposing Proposition 50 and Enabling Legislation 25-1156
  25. XIV. CONTRACTS AND AGREEMENTS
  26. 8. Approval of Amendment No. One to Professional Services Agreement with Kreuzer Consulting Group for the Old Newport Boulevard and West Coast Highway Modifications Project (Contract No. 5244-1) (15R19) 25-0958
  27. 9. Amendment No. Two to Professional Services Agreement with Flock Group, Inc. for Flock ALPR System 25-0979
  28. 10. Street Pavement Repair Program Fiscal Year 2024-25 - Notice of Completion for Contract No. 9716-1 (25R06) 25-1079
  29. 11. Balboa Peninsula Water Main Replacement, East Irvine Terrace Water Main Replacement & Shorecliff Community Water System Improvements - Phase 2 - Award of Contract No. 9835-1 (26W12) 25-1080
  30. 12. Balboa Island Water Main Replacement – Phase 3 & Shorecliff Community Water System Improvements - Notice of Completion for Contract No. 7173-3 25-1089
  31. 13. Request to Waive City Council Policy G-6 for Alternate Palm and Tree Species at the Sherman Library and Gardens (2647 East Coast Highway) 25-1104
  32. 14. Approval of On-Call Service Agreements for Streetlight Electrical Repair Services with Yunex LLC and Bear Electrical Solutions LLC 25-1106
  33. 15. License Agreement with University of Southern California for Operation of a Coastal Observation System at the Newport Pier 25-1107
  34. 16. Revocable License Agreement with Sprouts of Promise Foundation for Temporary Use of City Property for a Certified Farmers’ Market at McFadden Square and Newport Pier 25-1108
  35. XV. MISCELLANEOUS
  36. 17. Budget Amendment to Accept a Check from the Newport Beach Public Library Foundation and Appropriate the Funds to the Library’s Fiscal Year 2025-26 Maintenance and Operation Budget 25-0991
  37. 18. City Hall and Limited Off-Site Holiday Closure (Beginning Wednesday, December 24, 2025, through Sunday, January 4, 2026) 25-1081
  38. 19. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the City Council 25-1131
  39. 20. Planning Commission Action Report and Agenda for the September 4, 2025 25-1168
  40. 40 ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED
  41. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
  42. XVII. PUBLIC COMMENTS ON NON-AGENDA ITEMS
  43. XVIII. PUBLIC HEARINGS
  44. 21. Ordinance Nos. 2025-23, 2025-24,and 2025-25: Adoption of the 2025 California Building Standards Codes with Local Amendments, the 2025 California Fire Code with Local Amendments, and the 2025 California Wildland-Urban Interface with Local Amendments 25-1099
  45. 22. Resolution No. 2025-60: Notice of Intent to Override Orange County Airport Land Use Commission’s Determination of Inconsistency for the Snug Harbor Surf Park Project at 3100 Irvine Avenue (PA2024-0069) 25-1105
  46. XIX. CURRENT BUSINESS
  47. 23. Ordinance No. 2025-21: Authorizing an Amendment to the City’s Contract with CalPERS to Eliminate Section 20516(a) Cost Sharing for Citywide Miscellaneous Tier I Employees 25-1139
  48. 24. Five Citizen-Member Appointments to the Aviation Committee 25-1138
  49. XX. MOTION FOR RECONSIDERATION
  50. XXI. PUBLIC COMMENTS ON CLOSED SESSION
  51. XXII. CLOSED SESSION - Council Chambers Conference Room
  52. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter 25-1097
  53. B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter 25-1098
  54. XXIII. CLOSED SESSION REPORT
  55. XXIV. ADJOURNMENT
  56. 56 Testimony given before the City Council is recorded. The timer light will turn yellow when the speaker has one minute remaining. The timer light will turn red when the speaker has 10 seconds remaining.