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City Council

Regular Meeting

Newport Beach, CA · September 9, 2025

Agenda

Agenda

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA SEPTEMBER 9, 2025 COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 **AMENDED AGENDA** REGULAR MEETING - 4:00 P.M. CLOSED SESSION FOLLOWS MOTION FOR RECONSIDERATION JOE STAPLETON, Mayor LAUREN KLEIMAN, Mayor Pro Tem MICHELLE BARTO, Councilmember NOAH BLOM, Councilmember ROBYN GRANT, Councilmember SARA J. WEBER, Councilmember ERIK WEIGAND, Councilmember GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney MOLLY PERRY, Interim City Clerk NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting. LEVINE ACT Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract (other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than five hundred dollars ($500) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. PUBLIC HEARINGS If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NOTICE TO THE PUBLIC Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk staff prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk@newportbeachca.gov). City Council Meeting September 9, 2025 Page 2 I. ROLL CALL - 4:00 p.m. II. INVOCATION - Reverend Matthew Hambrick - First United Methodist Church III. PLEDGE OF ALLEGIANCE IV. PRESENTATIONS • Proclaiming September 2025 as Hunger Action Month - Second Harvest Food Bank • The 1970’s: Defeat of the Coastal Freeway Plan – Bill Lobdell, City Historian Laureate • Fire Pathways Presentation V. PUBLIC COMMENTS ON AGENDA AND NON AGENDA ITEMS The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non-agenda items. Speakers must limit comments to three minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non-agenda items. VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES VII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON-DISCUSSION ITEM) • Consider 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). Written Comments VIII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 20). 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. City Council Meeting September 9, 2025 Page 3 All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Councilmembers have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action. IX. CONSENT CALENDAR X. READING OF MINUTES AND ORDINANCES 1. Minutes for the August 26, 2025, Special City Council Meeting and the August 26, 2025, Regular City Council Meeting Waive reading of subject minutes, approve as written, and order filed. Special Meeting Minutes Regular Meeting Minutes Written Comments 2. Reading of Ordinances Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only. XI. ORDINANCE FOR INTRODUCTION 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 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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-22, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 10.08.005 (Definitions) and Adding Section 10.08.012 (Safe Use of Medians) to Chapter 10.08 (Use of Public Property and Interference with Public Access) to Title 10 (Offenses and Nuisances) of the Newport Beach Municipal Code, Relating to the Protection of Pedestrians, Vehicle Traffic and Landscaping, and pass to second reading on September 23, 2025. Staff Report Attachment A - Ordinance No. 2025-22 Written Comments XII. ORDINANCES FOR ADOPTION 4. Ordinance 2025-19: Amending Title 11 (Recreational Activities) of the City Council Meeting September 9, 2025 Page 4 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 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) Conduct a second reading and adopt Ordinance No. 2025-19: An Ordinance of the City Council of the City of Newport Beach, California, Adding Section 11.12.140 (Climbing on Railings of Public Property) and Amending Section 11.12.150 (Diving or Jumping from Public Property) of Chapter 11.12 (Swimming Regulations) to Title 11 (Recreational Activities) of the Newport Beach Municipal Code, Relating to Restrictions on Diving, Jumping and Climbing on Public Property Adjacent to Waterways. Staff Report Attachment A - Ordinance No. 2025-19 Written Comments 5. Ordinance No. 2025-20: Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Updating ADU and JADU Standards (PA2025-0093) a) Find the adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 66310 through 66342 of the Government Code are exempt from the requirements of CEQA; and b) Conduct second reading and adopt Ordinance No. 2025-20, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 20.48.200 (Accessory Dwelling Units) of the City of Newport Beach Municipal Code Related to Accessory Dwelling Units and Junior Accessory Dwelling Units (PA2025-0093). Staff Report Attachment A - Ordinance No. 2025-20 Written Comments XIII. RESOLUTIONS FOR ADOPTION 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 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 City Council Meeting September 9, 2025 Page 5 b) Adopt Resolution No. 2025-56: A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Approving submittal of a Revised Funding Application to the Orange County Transportation Authority for Funding Under the Project V Community-Based Transit/Circulators Program. Staff Report Attachment A - Resolution No. 2025-56 7. Resolution No. 2025-57: Opposing Proposition 50 and Enabling Legislation a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2025-57, A Resolution of the City Council of the City of Newport Beach, Opposing Proposition 50 and Enabling Legislation. Staff Report Attachment A- Resolution No. 2025-57 Written Comments XIV. CONTRACTS AND AGREEMENTS 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) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. One to the professional services agreement with Kreuzer Consulting Group for Engineering and Right-of-Way Services for the Old Newport Boulevard and West Coast Highway Modifications project to increase the agreement amount by $286,059 for a total not-to-exceed amount of $306,655, and authorize the Mayor and City Clerk to execute the amendment. Staff Report Attachment A - Location Map Attachment B - Amendment No. One 9. Amendment No. Two to Professional Services Agreement with Flock Group, Inc. for Flock ALPR System 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. Two to the Professional Services Agreement with Flock Group, Inc, of Atlanta, Georgia to extend the term of the agreement to coincide with the execution date, for the addition of four ALPR units and to increase data retention from 30 days to one year at a cost of $144,800 for a total not-to-exceed City Council Meeting September 9, 2025 Page 6 amount of $1,618,100 and authorize the Mayor and City Clerk to execute the Amendment; and c) Approve Budget Amendment No. 26-024 appropriating $15,200 in increased expenditures in Account No. 01035355-811008 from the unappropriated General Fund balance. Staff Report Attachment A - Amendment No. Two Attachment B - Budget Amendment No. 26-024 10. Street Pavement Repair Program Fiscal Year 2024-25 - Notice of Completion for Contract No. 9716-1 (25R06) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. Staff Report Attachment A - Location Map 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) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no expansion of capacity) 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. 9835-1 to T.E. Roberts, Inc. for the total bid price of $6,741,473 for the Balboa Peninsula Water Main Replacement, East Irvine Terrace Water Main Replacement & Shorecliff Community Water System Improvements - Phase 2 project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $1,350,000 (approximately 20% of total bid) to cover the cost of unforeseen work not included in the original contract. Staff Report Attachment A - Location Maps 12. Balboa Island Water Main Replacement – Phase 3 & Shorecliff Community Water System Improvements - Notice of Completion for Contract No. 7173-3 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. Staff Report Attachment A - Location Maps 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) 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 City Council Meeting September 9, 2025 Page 7 indirectly; and b) Approve a waiver of City Council Policy G-6 - Maintenance and Planting of Parkway Trees for alternate palm and tree species in the City rights-of-way at Sherman Gardens (2647 East Coast Highway). Staff Report 14. Approval of On-Call Service Agreements for Streetlight Electrical Repair Services with Yunex LLC and Bear Electrical Solutions LLC 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 Maintenance and Repair Services Agreement with Yunex LLC for a term of five years and a total contract compensation amount of $1,500,000, and authorize the Mayor and City Clerk to execute the agreement; and c) Approve On-Call Maintenance and Repair Services Agreement with Bear Electrical Solutions LLC for a term of five years and a total contract compensation amount of $1,000,000, and authorize the Mayor and City Clerk to execute the agreement. Staff Report Attachment A – Agreement with Yunex LLC Attachment B – Agreement with Bear Electrical Solutions LLC 15. License Agreement with University of Southern California for Operation of a Coastal Observation System at the Newport Pier a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; b) Authorize the City Manager and City Clerk to execute the License Agreement between the City of Newport Beach and University of Southern California for operation of a coastal observation system on City of Newport Beach property, on the Newport Pier located at 1 Newport Pier, in a form substantially similar to the amendment attached to the staff report; and c) Approve a waiver of City Council Policy F-7 - Income and Other Property based on the findings contained in this staff report and the Agreement that charging less that fair market rent promotes the City’s goals to provide essential or unique services to the public that cannot otherwise be provided if full market rates were charged. Staff Report Attachment A - License Agreement Attachment B - Previous License Agreement Attachment C - City Council Policy F-7 16. Revocable License Agreement with Sprouts of Promise Foundation for Temporary Use of City Property for a Certified Farmers’ Market at McFadden City Council Meeting September 9, 2025 Page 8 Square and Newport Pier 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) Authorize the City Manager and City Clerk to execute the Revocable License Agreement between the City of Newport Beach and Sprouts of Promise Foundation for Temporary Use of the City Property for the Certified Farmers’ Market at McFadden Square and Newport Pier in a form substantially similar to the agreement attached to the staff report; and c) Approve a waiver of City Council Policy F-7 - Income and Other Property based on the findings contained in this staff report and the Agreement that charging less than fair market rent promotes the City’s goals to provide essential or unique services to the community that cannot otherwise be provided if full market rates were charged. Staff Report Attachment A - Revocable License Agreement Attachment B - Market Site Plan Attachment C - City Council Policy F-7 XV. MISCELLANEOUS 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 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 a check in the amount of $40,000 from the Newport Beach Public Library Foundation and approve Budget Amendment No. 26-023 to increase revenues and expenditures by the same amount in Division 0106051 (Foundation). Staff Report Attachment A - Budget Amendment 26-023 18. City Hall and Limited Off-Site Holiday Closure (Beginning Wednesday, December 24, 2025, through Sunday, January 4, 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) Approve closing City Hall and providing limited services at certain off -site facilities from Wednesday, December 24, 2025, through Sunday, January 4, 2026. Staff Report Attachment A - Proposed Hours of Operation for City Facilities City Council Meeting September 9, 2025 Page 9 19. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the City Council 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 the report. Staff Report Attachment A - Memo to the City Council 20. Planning Commission Action Report and Agenda for the September 4, 2025 Receive and file. PC Action Report PC Agenda ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. PUBLIC COMMENTS ON NON-AGENDA ITEMS Public comments are invited on non-agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. XVIII. PUBLIC HEARINGS 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 a) Conduct a public hearing; b) Find the proposed actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) and 15378 of the CEQA Guidelines, because the code adoption and amendment will not result in a physical change to the environment, directly or indirectly; c) Adopt Resolution No. 2025-58, A Resolution of the City Council of the City of Newport Beach, California, Setting Forth Findings Based on Local Conditions within the City of Newport Beach Which Make Certain Modifications and Changes to the International Property Maintenance Code, the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code and the International Swimming Pool and Spa Code as Reasonably Necessary Because of Local Climatic, Geographic, or Topographic Conditions; d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-23, An Ordinance of the City Council of the City Of Newport Beach, California, Amending Title 15 (Building and Construction) of the Newport Beach City Council Meeting September 9, 2025 Page 10 Municipal Code to Adopt Chapter 1, Division II, of the 2025 Edition of the California Building Code; the 2024 Edition of the International Property Maintenance Code and Swimming Pool and Spa Code; the 2025 Edition of the California Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Green Building Standards Code, Historical Code, Existing Building Code, and Energy Code; and to Amend Portions of Chapter 15.50 (Floodplain Management), with Local Amendments, and pass to second reading on September 23, 2025 ; e) Adopt Resolution No. 2025-59, A Resolution of the City Council of the City of Newport Beach, California, Setting Forth Findings Based on Local Conditions Within the City of Newport Beach Which Make Certain Modifications and Changes to the 2025 Edition of the California Fire Code and 2025 Edition of the California Wildland Urban Interface Code and as Reasonably Necessary Because of Local Climatic Geographic, or Topographic Conditions; f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-24, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the 2025 Edition of the California Fire Code, with Local Amendments, and pass to second reading on September 23, 2025; and g) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-25, An Ordinance of the City Council of the City Of Newport Beach, California, Adding Chapter 9.07 (Wildland Urban Interface Code) to Title 9 of the Newport Beach Municipal Code to Adopt the 2025 Edition of the California Wildland Urban Interface Code, with Local Amendments, and pass to second reading on September 23, 2025. Staff Report Attachment A - Resolution No. 2025-58 Adopting Findings to the Amendments to the CA Building Standards Code and Other Related Codes Attachment B - Ordinance No. 2025-23 Adopting the CA Building Standards Code and Other Related Codes Attachment C - Redline Version California Building Standards Code Amendments Attachment D - Resolution No. 2025-59 Adopting Findings to Amendment to the California Fire Code Attachment E - Ordinance No. 2025-24 Adopting the California Fire Code Attachment F - Ordinance 2025-25 Adopting the California Wildland-Urban Interface Code Attachment G - Redline of California Fire Code Amendments Attachment H - Map of Local Responsibility Area Fire Hazard Severity Zones On the Agenda 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) a) Conduct a public hearing; b) Find that the proposed overriding action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will City Council Meeting September 9, 2025 Page 11 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 because it has no potential for resulting in physical change to the environment, directly or indirectly; and c) Adopt Resolution No. 2025-60, A Resolution of the City Council of the City of Newport Beach, California, Notifying the Orange County Airport Land Use Commission (ALUC) and State Department of Transportation, Aeronautics Program of the City's Intention to Find that the Surf Park Project located at 3100 Irvine Avenue is Consistent with the Purposes of the State Aeronautics Act and Overrule ALUC’s Determination that the Project is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2024-0069). Staff Report Attachment A - Resolution No. 2025-60 Attachment B - ALUC Staff Report dated August 7, 2025 Attachment C - ALUC Determination Letter, dated August 11, 2025 Attachment D - City's ALUC submittal Written Comments 22 - Correspondence On the Agenda XIX. CURRENT BUSINESS 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 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) Conduct second reading and adopt Ordinance No. 2025-21, An Ordinance of the City Council of the City of Newport Beach, California, Authorizing an Amendment to the Contract Between the City Council of the City of Newport Beach and the Board of Administration of the California Public Employees’ Retirement System. Staff Report Attachment A - Ordinance No. 2025-21 24. Five Citizen-Member Appointments to the Aviation Committee 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) Formally vote and appoint five citizen-members from the nominees listed below: 1. Kurt Belcher 2. Cassie Bretschger City Council Meeting September 9, 2025 Page 12 3. Jeffrey Cole 4. Ryan Dougherty 5. Barbara Lichman 6. Nicholas Prytherch 7. Michael Radigan 8. Timothy Strader, Jr. 9. John “Jack” Stranberg 10. Mary-Christine (MC) Sungaila; and c) Determine the terms, beginning July 1, 2025, of the five appointed Aviation Committee members as follows: d) Two citizen appointed members shall have an initial term of two years and shall be eligible for reappointment for two additional four-year terms; and, e) Up to three citizen appointed members shall have an initial term of four years and shall be eligible for appointments to one additional four-year term. Staff Report Attachment A - Resolution No. 2025-31 Attachment B - Nominated Applicant Applications Written Comments On the Agenda XX. 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. XXI. PUBLIC COMMENTS ON CLOSED SESSION XXII. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter 1. Cindy Flores, et al. v. City of Laguna Beach, et al. United States District Court Case No. 8:24-cv-01898-JVS-JDE B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter 1. Property: 9080 Talbert Ave., Fountain Valley, California 92708 - APN: 157-132- 38. City Negotiators: Seimone Jurjis, Assistant City Manager Mark Vukojevic, Utilities Director, and Lauren Whitlinger, Real Property Administrator. Negotiating Parties: Dr. James C. Chiu on behalf of CJJ Property, LLC. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. XXIII. CLOSED SESSION REPORT City Council Meeting September 9, 2025 Page 13 XXIV. ADJOURNMENT 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. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.

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