City Council - Regular Meeting

ROLL CALL - 4:00 p.m.

INVOCATION

Pastor Roger Tirabassi, Viewpoint Church

PLEDGE OF ALLEGIANCE

PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS

The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non-agenda items. Speakers must limit comments to three minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non-agenda items.

CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES

Minor Curfew Ordinance - Direct staff to prepare an ordinance setting forth potential revisions to the City's minor curfew regulations during Safety Enhancement Zone periods, including possible adjustments to curfew hours (Mayor Kleiman).

Unlawful Mass Gathering Ordinance - Direct staff to prepare an ordinance setting forth potential revisions to the City's Municipal Code addressing unlawful mass gatherings (Mayor Kleiman).

Special Event Regulations - Direct staff to prepare an ordinance setting forth potential revisions to the City's Municipal Code Special Event regulations to address events organized or promoted through social media, including activities involving social media influencers or similar organizers (Mayor Kleiman).

Public Nuisance Ordinance - Direct staff to prepare an ordinance setting forth potential revisions to the City's Municipal Code that would designate certain violations as public nuisances, with enhanced administrative penalties (Mayor Kleiman).

Parent Accountability Measures - Direct staff to prepare an ordinance setting forth potential new regulations to encourage parental responsibility for minors who engage in unlawful or disruptive conduct, consistent with applicable state law (Mayor Kleiman).

Safety Enhancement Zone Modifications - Direct staff to prepare an ordinance setting forth potential revisions to the City's Municipal Code to address public safety concerns during spring break and around Memorial Day, the Fourth of July, and Labor Day (Mayor Kleiman).

Consider supporting House Resolution 1188 and Senate Concurrent Resolution 192, which would both recognize open-water Lifeguards as First Responders and Emergency Response Providers (Councilmember Weigand).

PUBLIC COMMENTS ON CONSENT CALENDAR

This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1-23). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Councilmember, members of the public are invited to speak on each item for up to three minutes per item.

Approval of Minutes

Approval of Minutes for the July 14, 2026, Regular City Council Meeting.

Ordinance No. 2026-10: Approving Amendment to Newport Place Planned Community Development Plan (PC-11) Related to the Minimum Percentage of Inclusionary For-Sale Housing within the Residential Overlay (PA2025-0196)

a) Find the adoption of this ordinance is not subject to 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. The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; and b) Waive full reading of an Ordinance, read by title only, conduct a second reading and adopt Ordinance No. 2026-10, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to the Newport Place Planned Community Development Plan (PC-11) to Revise the Minimum Inclusionary For-Sale Housing Percentage Required within the Residential Overlay (PA2025-0196).

Resolution No. 2026-54: Approving a Side Letter Agreement Between the City of Newport Beach and the Newport Beach Fire Management Association Related to Holiday In-Lieu Pay

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2026-54, A Resolution of the City Council of the City of Newport Beach, California, Approving a Side Letter of Agreement Between the City of Newport Beach and the Newport Beach Fire Management Association Related to Holiday In-Lieu Pay.

Resolution No. 2026-55: Supporting and Opposing Various Propositions on the November 2026 Ballot

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2026-55, A Resolution of the City Council of the City of Newport Beach Supporting Proposition 39 (Voter identification, Citizenship Verification, and Registered Voter List Administration Initiative), Proposition 41 (Prohibit Excluding New State Taxes from Spending Limit and Require Special Tax Audits Initiative), and Proposition 42 (Prohibit New Taxes on Retirement Holdings, Personal Assets, and Savings and Limit Retroactive Taxes Initiative) and Opposing Proposition 40 (One-Time Wealth Tax for State-Funded Healthcare, Education, and Food Assistance Programs Initiative) on the November 2026 Ballot.

Fiscal Year 2025-26 Ocean Pier Maintenance - Notice of Completion for Contract No. 9759-3 (25H03)

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

Fiscal Year 2024-25 Playground Improvements Project - Notice of Completion for Contract No. 9753-1 (25P01)

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

Street Pavement Repair Program Fiscal Year 2025-26 - Notice of Completion for Contract No. 9946-1 (26R03)

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

Accepting the Newport Transportation Center Relocation Term Sheet Related to the Executed Cooperative Agreement with the Orange County Transportation Authority

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager to execute a term sheet between the Orange County Transportation Authority and the City of Newport Beach establishing a framework for continued coordination on the potential relocation of the Newport Transportation Center.

Approval of Purchase Order with Charles King Company for Equipment Rentals

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager to approve a purchase order for equipment rentals from Charles King Company, over the next three fiscal years ending June 30, 2029, with an option for two additional years, up to a total amount of $400,000.

Approval of On-Call Professional Services Agreements for Architectural Design Services

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve On-Call Professional Services Agreements with SVA Architects, Inc., COAR Design Group, TAIT & Associates, Inc., BOA Architecture and Ware Malcomb for Architecture Services, with each agreement being for a term of three years and a total not-to-exceed amount of $400,000 and authorize the Mayor and City Clerk to execute the agreements.

Approval of On-Call Professional Services Agreements for Civil Engineering Services

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve On-Call Professional Services Agreement with Ardurra Group, Inc. for Civil Engineering Services, for a term of five years and a total not-to-exceed amount of $500,000 and authorize the Mayor and City Clerk to execute the agreements; c) Approve On-Call Professional Services Agreement with Dudek for Civil Engineering Services for a term of five years and a total not-to-exceed amount of $500,000 and authorize the Mayor and City Clerk to execute the agreements; and d) Approve On-Call Professional Services Agreement with TAIT & Associates, Inc. for Civil Engineering Services, for a term of five years and a total not-to-exceed amount of $500,000 and authorize the Mayor and City Clerk to execute the agreements.

Approval of On-Call Professional Services Agreements for Traffic/Transportation Engineering & Wayfinding/Mobility Sign Design

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve On-Call Professional Services Agreement with Kimley-Horn and Associates, Inc., for Traffic/Transportation Engineering & Wayfinding/Mobility Sign Design for a three-year term and total not-to-exceed amount of $300,000; and authorize the Mayor and City Clerk to execute the agreement; c) Approve On-Call Professional Services Agreement with Stantec Consulting Services, Inc., for Traffic/Transportation Engineering & Wayfinding/Mobility Sign Design for a three-year term and total not-to-exceed amount of $300,000; and authorize the Mayor and City Clerk to execute the agreement; d) Approve On-Call Professional Services Agreement with Arcadis U.S., Inc. for Traffic/Transportation Engineering & Wayfinding/Mobility Sign Design for a three-year term and total not-to-exceed amount of $300,000; and authorize the Mayor and City Clerk to execute the agreement; and e) Approve On-Call Professional Services Agreement with Hunt Design Associates, Inc for Traffic/Transportation Engineering & Wayfinding/Mobility Sign Design for a three-year term and total not-to-exceed amount of $200,000; and authorize the Mayor and City Clerk to execute the agreement.

Park Avenue & South Bay Front Alley Pavement Restoration - Award of Contract No. 9451-3 (27R11)

a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 9451-3 to Nobest, Inc. for the total bid price of $3,690,135 for the Park Avenue & South Bay Front Alley Pavement Restoration project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $740,000 (approximately 20% of the total bid) to cover the cost of unforeseen work not included in the original contract.

Approval of Professional Services Agreement with Dokken Engineering for the Birch Street Pavement Rehabilitation Project - Contract No. 10147-1 (27R13)

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a Professional Services Agreement with Dokken Engineering, Inc. of Irvine, for Birch Street Pavement Rehabilitation Design Services for a total not-to-exceed amount of $356,200 and authorize the Mayor and City Clerk to execute the Agreement.

San Miguel Drive Pavement Rehabilitation - Award of Contract No. 9855-2 (26R11)

a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 9855-2 to All American Asphalt for the total bid price of $2,668,112 for the San Miguel Drive Pavement Rehabilitation project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $270,000 (approximately 10% of the total bid) to cover the cost of unforeseen work not included in the original contract.

Approval of Maintenance/Repair Services Agreement with Superior Property Services, Inc., for Sidewalk Steam Pressure Washing Services (Contract No. 9832-1)

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a Maintenance/Repair Services Agreement with Superior Property Services, Inc. for Sidewalk Steam Pressure Washing Services for a total not-to-exceed amount of $1,570,310, with a term of five years and authorize the Mayor and City Clerk to execute the Agreement.

Approve Amendment No. One to Professional Services Agreement with LAZ Parking California, LLC for Parking Management and Enforcement

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. One to the Professional Services Agreement with LAZ Parking California, LLC for Parking Management and Enforcement, increasing the total not-to-exceed compensation amount to $10,688,165; and authorize the Mayor and City Clerk to execute the amendment. c) Establish an additional contingency of $65,534 (10% of the amended cost) to address unforeseen operational needs associated with providing the enforcement services; and d) Approve Budget Amendment No. 27-006, increasing expenditure appropriations by $250,000 from the General Fund unappropriated fund balance to account number 0103032-811030, offset by a corresponding increase in revenues to account number 0103032-531045.

Approval of Professional Services Agreement with LPA, Inc. for Police Headquarters Architectural Services - Contract No. 10129-1

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a Professional Services Agreement with LPA, Inc. for Newport Beach Police Headquarters Architectural Services for a total not-to-exceed amount of $12,459,820, authorize LPA, Inc. to proceed with Conceptual Design (Phase 1a) of the Scope of Work for a total not-to-exceed amount of $713,080, and authorize the Mayor and City Clerk to execute the Agreement.

Professional Services Agreement with EPD Solutions, Inc. for Preparation of a Subsequent EIR Related to the Possible Relocation of the Police Headquarters to the Civic Center Campus and Amendment No. One to the PSA with LSA Associates, Inc. for On-Call Professional and Technical Environmental Services

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. One to the Professional Services Agreement with LSA Associates, Inc. for On-Call Professional and Technical Environmental Services for a total amount not-to-exceed $150,000 and authorize the Mayor and the City Clerk to execute the agreement; and c) Approve a Professional Services Agreement with Environmental Planning Development Solutions, Inc. for Environmental Impact Report Services Related to the Newport Beach Police Headquarters Relocation for a total amount not-to-exceed $346,330 and authorize the Mayor and the City Clerk to execute the agreement.

Professional Services Agreement for On-Call Police Station Strategic Communications with Westbound Communications, Inc.

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve an On-Call Professional Services Agreement with Westbound Communications, Inc. for Police Station Strategic Communications for a total amount not-to-exceed amount of $315,000 and authorize the Mayor and the City Clerk to execute the agreement.

Response to Grand Jury Report: “California Housing Mandates: The Unintended Reshaping of Orange County Neighborhoods”

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the City’s response to the 2025-2026 Orange County Grand Jury Report, “California Housing Mandates: The Unintended Reshaping of Orange County Neighborhoods” and authorize the Mayor to submit the response to the Presiding Judge of the Superior Court of California, County of Orange County pursuant to Penal Code Section 933.05(a) and (b).

Response to 2025-2026 Orange County Grand Jury Report “PFAS and Public Awareness, a Closer Look at Orange County Drinking Water”

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the City’s response to the 2025-2026 Orange County Grand Jury Report "PFAS and Public Awareness, A Closer Look at Orange County Drinking Water” and authorize the Mayor to submit the letter to the Presiding Judge of the Superior Court of California, County of Orange County pursuant to Penal Code Section 933.05(a) and (b).

FY 2025-26 Annual District Discretionary Grant Report and the Grants and Donations Report for the Quarter Ending June 30, 2026

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and file.

ITEMS REMOVED FROM THE CONSENT CALENDAR

Ordinance No. 2026-11: Amending Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery Percentages, and Resolution No. 2026-56: Adopting Certain Fees Within the Schedule of Rents, Fines and Fees

a) Conduct a public hearing; b) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; c) Adopt Resolution No. 2026-56, A Resolution of the City Council of the City of Newport Beach, California, Establishing a Tobacco Retailer Permit Fee, a Wireless Facility Permit Fee, Incorporating Fee Modifiers from Former Exhibit A of Section 3.36.030 (Cost Recovery Percentages) of the Newport Beach Municipal Code, and Revising Administrative Hearing Fees in the Schedule of Rents, Fines and Fees; and d) Introduce Ordinance No. 2026-11, An Ordinance of the City Council of the City of Newport, California, Amending Section 3.36.030 (Cost Recovery Percentages) of the Newport Beach Municipal Code and Repealing Exhibit A of Section 3.36.030 (Cost Recovery Percentages) of the Newport Beach Municipal Code, and pass to second reading on August 25, 2026.

Ordinance Nos. 2026-12 and 2026-13 and Resolution Nos. 2026-57 and 2026-58: Approving the 1300 Dove Street Townhome Project (PA2025-0170)

a) Conduct a public hearing; b) Adopt Resolution No. 2026-57, A Resolution of the City Council of the City of Newport Beach, California, Adopting an Addendum to the Newport Beach General Plan Housing Implementation Program Final Program Environmental Impact Report SCH No. 2023060699 for a 132-Unit Residential Townhome Project Located at 1200 Dove Street, 1300 Dove Street, and 4041 MacArthur Boulevard (PA2025-0170); c) Introduce Ordinance No. 2026-12, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Zoning Code Amendment for a 132-Unit Residential Townhome Project located at 1200 Dove Street, 1300 Dove Street and 4041 MacArthur Boulevard (PA2025-0170), and pass to second reading on August 25, 2026; d) Adopt Resolution No. 2026-58, A Resolution of the City Council of the City of Newport Beach, California, Approving a Major Site Development Review, Vesting Tentative Tract Map, and an Affordable Housing Implementation Plan for a 132-Unit Residential Townhome Project Located at 1200 and 1300 Dove Street, and 4041 MacArthur Boulevard (PA2025-0170); and e) Introduce Ordinance No. 2026-13, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for a 132-Unit Residential Townhome Project Located at 1200 Dove Street, 1300 Dove Street and 4041 MacArthur Boulevard (PA2025-0170), and pass to second reading on August 25, 2026.

MOTION FOR RECONSIDERATION

A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Councilmembers who voted with the prevailing side.

PUBLIC COMMENTS ON CLOSED SESSION

Robert Welbourn et al. v. the City of Newport Beach

Orange County Superior Court Case No. 30-2023-01365757-CU-EI-NJC

Adam Holiday et al. v. the City of Newport Beach

Orange County Superior Court Case No. 30-2023-01353566-CU-EI-NJC

Newport Beach Stewardship Association v. City of Newport Beach

Orange County Superior Court Case No. 30-2024-01428295-CU-WM-CXC California Court of Appeals Case No. G065816

Newport Beach Stewardship Association v. City of Newport Beach

Orange County Superior Court Case No. 30-2026-01572799-CU-WM-CJC

Newport Beach Stewardship Association v. City of Newport Beach

Orange County Superior Court Case No. 30-2026-01579137-CU-WM-CJ

City of Newport Beach v. Newport Beach Stewardship Association & Newport Beach Stewardship Association v. Lena Shumway et al.

Orange County Superior Court Case No. 30-2026-01559183-CU-JR-NJC

City of Newport Beach et al. v. Robert Page et al.

Orange County Superior Court Case No. 30-2026-01580961

CLOSED SESSION REPORT

ADJOURNMENT

In Memory of Jan Debay, Former Councilmember