Newport Beach City Council
September 9, 2025

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA

SEPTEMBER 9, 2025
COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660

REGULAR MEETING - 4:00 P.M.

CLOSED SESSION FOLLOWS MOTION FOR RECONSIDERATION

JOE STAPLETON, Mayor
LAUREN KLEIMAN, Mayor Pro 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 [email protected]).

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City Council Meeting
September 9, 2025

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.

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.

All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Councilmembers have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action.

City Council Meeting
September 9, 2025

IX. CONSENT CALENDAR

X. READING OF MINUTES AND ORDINANCES

1. Minutes for the August 26, 2025, Special City Council Meeting and August 26, 2025, Regular City Council Meeting
Waive reading of subject minutes, approve as written, and order filed.

2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only.

XI. ORDINANCES 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.

XII. ORDINANCES FOR ADOPTION

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 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.

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).

City Council Meeting
September 9, 2025

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 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.

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.

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.

9. Amendment No. Two to Professional Services Agreement with Flock Group, Inc. for Flock ALPR 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 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 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.

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.

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.

City Council Meeting
September 9, 2025

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.

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.

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 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).

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.

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 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.

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 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 City Council Meeting
September 9, 2025

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.

XV. MISCELLANEOUS

17. Budget Amendment to Accept a Check from the Newport Beach Public Library Foundation and Appropriate 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).

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 off-site facilities from Wednesday, December 24, 2025 through Sunday, January 4, 2026.

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.

20. Planning Commission Agenda for the September 4, 2025, Meeting Receive and file.

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 City Council Meeting
September 9, 2025

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 Municipal Code to Adopt Chapter 1, Division II, of the 2025 Edition of the California Building Code; the 2024 Edi tion 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.

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 not result in a direct or reasonably foreseeable indirect physical change in the environment) an d 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).

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.

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;

City Council Meeting
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b) Formally vote and appoint five citizen-members from the nominees listed below:

1. Kurt Belcher

2. Cassie Bretschger

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.

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

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

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

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.

CITY OF NEWPORT BEACH
City Council Meeting Minutes
Special Meeting
August 26, 2025
Volume 66 - Page 379
I. CALL MEETING TO ORDER – 2:34 p.m.

II. ROLL CALL

Present: Mayor Joe Stapleton, Mayor Pro Tem Lauren Kleiman, Councilmember Michelle Barto, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J. Weber , Councilmember Erik Weigand
III. PUBLIC COMMENTS
There were none.

Mayor Stapleton requested City Attorney Harp announce the Closed Session agenda items.

RECESS
Mayor Stapleton recessed the meeting to Closed Session at 2:40 p.m.

IV. CLOSED SESSION
A. PUBLIC EMPLOYMENT - PUBLIC EMPLOYEE APPOINTMENT
(Government Code § 54957): 1 matter
Title: City Clerk.

B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Mayor Joe Stapleton and Mayor Pro Tem Lauren Kleiman.

Unrepresented Employees: City Clerk.

RECONVENE
Mayor Stapleton reconvened the meeting at 3:58 p.m.

V. CLOSED SESSION REPORT
There was no Closed Session report.

VI. ADJOURNMENT
Mayor Stapleton adjourned the meeting at 3:58 p.m.

September 9, 2025
Agenda Item No. 1
Draft
City of Newport Beach
August 26, 2025

Volume 66 - Page 380

The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive , Newport Beach, on August 21, 2025, at 4:30 p.m.

____________________________________________
Joe Stapleton
Mayor

__________________________________________
Molly Perry
Interim City Clerk
September 9, 2025
Agenda Item No. 1
Draft

CITY OF NEWPORT BEACH

City Council Meeting Minutes
Regular Meeting
August 26, 2025

Volume 66 - Page 381
I. ROLL CALL – 4:06 p.m.

Present: Mayor Joe Stapleton , Mayor Pro Tem Lauren Kleiman , Councilmember Michelle Barto , Councilmember Noah Blom, Councilmember Robyn Grant , Councilmember Sara J. Weber, Councilmember Erik Weigand

II. INVOCATION – Pastor Ryan Montague, Viewpoint Church

III. PLEDGE OF ALLEGIANCE

IV. PRESENTATIONS

• Presentation of Proclamation - International Literacy Day, September 5, 2025

Mayor Stapleton read and presented a proclamation to Rebecca Lightfoot, Library Services Manager and Christy Smith, Literacy Coordinator, in recognition of International Literacy Day.

Ms. Lightfoot thanked the City Council and the Newport Beach Library Foundation for their support.

• The History of Fashion Island by Bill Lobdell

Mayor Stapleton introduced Bill Lobdell who has been providing outstanding historical presentations at City Council meetings and has a podcast, “Newport in the Rearview Mirror .” Mr. Lobdell provided a PowerPoint presentation on the history of Fashion Island that, beginning sixty years ago, has continued evolving over the decades to present-day architecture and shopping center features.

V. PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS

Mayor Stapleton noted that opportunity for public comments for agenda and non -agenda items would occur later in the meeting but questioned whether any members of the public wanted to speak on the A- 1 Items for City Council consideration. There were no requests to speak.

VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON

COMMITTEE ACTIVITIES

Councilmember Weigand:
• As the City’s representative on the Orange County Sanitation District (OCSAN), Councilmember Weigand had the privilege of going out on the Nerissa, a research vessel that is owned and operated by OCSAN and with a full crew and s cientists, who conduct state and federally mandated tests on water, fish, and animals.

Councilmember Barto:
• Attended the Newport Beach Police Department’s National Night Out. • Attended Bike and Bike Safety Working Group meeting.
• Attended Cappy’s Café Waffle Eating Contest.

September 9, 2025
Agenda Item No. 1
Draft
City of Newport Beach
August 26, 2025

Volume 66 - Page 382
Councilmember Grant:
• Attended the 95th Anniversary of the Kerckhoff Marine Laboratory in Corona del Mar. • Attended the State of the County Luncheon hosted by the Newport Beach Chamber of Commerce.
• Attended the Newport Bay Conservancy Gala that raises funds for the protection and preservation of Upper Newport Bay.

Mayor Pro Tem Kleiman:
• Wished Councilmember Grant a belated Happy Birthday.

Mayor Stapleton:
• Participated in the Demolition Derby, with Councilmembers Weber, Weigand, and Blom, at the Orange County Fair where close to $50,000 was raised for CHOC Hospital. • Attended Ribbon Cuttings for Five Crowns 60thAnniversary, CoreViva and BMO Bank. • Attended the Junior Lifeguard Graduation Ceremony where 1,500 kids graduated and thanked the City’s lifeguards.
• Attended the Newport Beach Police Department National Night Out. • Attended the announcement of the Citizen of the Year, Ed Selich, with the recognition dinner to occur later this year.
• Presented a Certificate to Jack Cohen who received the Jack Elliott Character Awa rd. • Attended the State of the County.
• Attended the Little Balboa Island Summer Series.
• Provided a reminder of the September 13, 2025, Ben Carlson Foundation, paddle across Catalina to Newport event, featuring approximately 100 paddlers who will be raising money for the foundation.

VII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE

AGENDA (NON DISCUSSION ITEM)

By a straw vote, the City Council voted unanimously (7-0) for the following consideration that will be agendized for a future City Council meeting:

• Consider adopting a Resolution opposing any attempt to bypass California’s Independent Citizens Redistricting Commission by altering the State’s Congressional Districts through a Ballot Measure and Special Election ( Submitted by Mayor Stapleton and Councilmember Weigand)

By a straw vote, the City Council voted unanimously (7-0) for the following consideration that will be agendized for a future City Council meeting:

• Consider Traffic Calming and Public Safety Measures in the Bayview Heights Neighborhood of Santa Ana Heights (Submitted by Councilmember Weigand)

VIII. PUBLIC COMMENTS ON CONSENT CALENDAR

1. Adam Leverenz spoke on Item 8, Ordinances Nos. 2025-15 and 2025-16: Newport Beach Municipal Code Amendments Related to Short Term Lodging (PA2023 -0116), noting opposition to the 20 -unit requirement; Item 25, Public Bathroom Gate Fabrication and Installation - Award of Contract No. 9761-1, requesting whether the bathroom locks can coincide with the closing of the area’s bars and restaurants; and spoke on Item 36, (see “Current Business”).

2. Heather Cieslak, Operations Director, Newport Bay Conservancy, spoke on Item No. 13, Big Canyon Restoration (Phase 3) Project - Award of Contract to Superb Engineering, Inc. (Contract No. 9532-1) and Approve Professional Services Agreement with Horrocks LLC (Contract No. 9532-2) (Project No. 25X11), and thanked the City Council, City Attorney’s Office, and the Public Works Department for their work on this project.

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IX. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES

1. Minutes for the July 22, 2025, Regular City Council Meeting and July 29, 2025, Special City Council Meeting
Waive reading of subject minutes, approve as written, and order filed.

2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only.

ORDINANCES FOR INTRODUCTION

3. 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
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, and introduce 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 and pass to a second reading on September 9, 2025.

Motion passes 6-1, Councilmember Weigand opposed.

ORDINANCES FOR ADOPTION

4. Ordinance No. 2025-11: Amending Section 9.04.470 (Local Agency Very High Fire Hazard Severity Zone) To Adopt the 2025 Moderate, High, and Very High Fire Hazard Severity Zones, As Designated By The California Department of Forestry and Fire Protection and Pursuant to California Government Code Section 51178
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 -11, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 9.04.470 (Local Agency Very High Fire Hazard Severity Zone) To Adopt the 2025 Moderate, High, and Very High Fire Hazard Severity Zones, As Designated By The Califor nia Department of Forestry And Fire Protection And Pursuant to California Government Code Section 51178.

Motion passes 4-0-3, Mayor Pro Tem Kleiman and Councilmember Weber recused due a conflict of interest in their personal residences; and Councilmembers Grant recused due to a conflict of interest on her business partner’s interest in real property .

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5. Ordinance No. 2025-12: Revision to Municipal Code Chapter 14.10 Cross -Connection Control Program
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2025 -12: An Ordinance of the City Council of the City of Newport Beach, California, Replacing in its Entirety Chapter 14.10 (Cross Connection Control Program) of the Newport Beach Municipal Code to Comply with State Law .

6. Ordinance No. 2025-13: Amending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to Update Commercial Parking Requirements (PA2021-104)
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 -13, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Local Coastal Program Amendment to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to Commercial Parking (PA2021-104).

Motion passes 6 -0-1, Councilmember Blom recused based on his business and real property interests in properties at 224 Marine, 417 and 501 30th Street; and 2902 Coast Highway.

7. Ordinance No. 2025-14: Amending Title 21 of the Newport Beach Municipal Code Related to Comprehensive Municipal Code Amendments (PA2022-0219) 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 -14, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Local Coastal Program Amendment to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code as Modified by the California Coastal Commiss ion Related to Comprehensive Municipal Code Amendments (PA2022- 0219).

8. Ordinances Nos. 2025 -15 and 2025 -16: Newport Beach Municipal Code Amendments Related to Short Term Lodging (PA2023-0116)
a) Find the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which states that an activity is not subject to CEQA if “[t]he activity will not result in a direct or reasonably foreseeable indirect physical change in the environment”; b) Conduct second reading and adopt Ordinance No. 2025 -15, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Code Amendment to Chapter 5.95 (Short Term Lodging Permit) of the Newport Beach Municipal Code to Ensure Consistency with the Local Coastal Program Amendment Related to Short Term Lodging (PA2023 -0116), and c) Conduct second reading and adopt Ordinance No. 2025-16, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Local Coastal Plan Amendment Amending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code as Modified by the California Coastal Comm ission Related to Short Term Lodging (PA2023-0116).

Motion passes 6 -0-1, Councilmember Blom recused based on his business and real property interests in properties at 417 and 501 30th Street.

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9. Ordinance No. 2025-17: Approving the Third Amendment to Development Agreement No.

DA2012-003 for the Uptown Newport Planned Community located at 4321 Jamboree Road (PA2025-0010)
a) Find that all significant environmental concerns for the Project have been addressed in the previously certified Environmental Impact Report No. ER2012-001 (SCH No. 2010051094), First Addendum No. ER2012-001, and Second Addendum No. ER2020-001; and b) Conduct second reading and adopt Ordinance No. 2025 -17, An Ordinance of the City Council of the City of Newport Beach, California, Approving the Third Amendment to Development Agreement No. DA2012 -003 for the Property at 4321 Jamboree Road Located Within Uptown Newport Planned Community (PA2025- 0010).

Motion passes 5-0-2, Mayor Pro Tem Kleiman recused based on possible impact on her spouse’s income; and Mayor Stapleton recused based on his interest in real property at 4100 and 4110 MacArthur.

10. Ordinance No. 2025-18: Amending Title 21 of the Newport Beach Municipal Code Related to the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260)
a) Find that all significant environmental concerns for the proposed project have been adequately addressed in the Addendum to Mitigated Negative Declaration No. 2010-008 (SCH 2010091052), previously approved by City Council Resolution 2023-69; and b) Conduct second reading and adopt Ordinance No. 2025 -18, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 21 (Local Coastal Implementation Plan) of the Newport Beach Municipal Code as Modified by the California Coastal Commission Related to the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260).

Motion passes 6-0-1, Mayor Pro Tem Kleiman recused based on possible impact to her spouse’s income.

RESOLUTIONS FOR ADOPTION

11. Resolution No. 2025-53: Adopting a Memorandum of Understanding Between the City of Newport Beach and the Part Time Employees Association of Newport Beach (PTEANB) and Amending the Salary Schedules
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly. b) Adopt Resolution No. 2025 -53, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding between the City of Newport Beach and the Part Time Employees Association of Newport Beach and Amending the Salary Schedule; and c) Approve Budget Amendment No. 26 -019 to appropriate $406,230.36 in increased expenditures for various salary and benefit accounts from unappropriated fund balances.

CONTRACTS AND AGREEMENTS

12. Sidewalk Steam Pressure Washing Services - Reject All Bids for Contract No. 9832-1 and Approve Amendment No. One to Maintenance and Repair Services Agreement with Quality Commercial Cleaning, 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) Reject all bids received for Contract No. 9832-1; and c) Approve Amendment No. One to the Maintenance and Repair Services Agreement with Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance to extend the term to September September 9, 2025
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30, 2026, and increase the not-to-exceed amount by $310,000, for a new not-to-exceed amount of $1,781,703, and authorize the Mayor and City Clerk to execute the agreement.

13. Big Canyon Restoration (Phase 3) Project - Award of Contract to Superb Engineering, Inc. (Contract No. 9532 -1) and Approve Professional Services Agreement with Horrocks LLC (Contract No. 9532-2) (Project No. 25X11)
a) Find the requirement for environmental review under the California Environmental Quality Act (CEQA) for the Big Canyon Restoration (Phase 3) Project qualifies as statutorily exempt under CEQA per Public Resources Code, § 21080.56, subdivisions (a) to (d), inclusive, with the attached concurrence by the Director of Fish and Wildlife. b) Approve the project drawings and specifications.
c) Authorize the City Manager to execute the Right of Entry Permit between the State of California, acting by and through the California Department of Fish and Wildlife, and the City of Newport Beach for permission to access those portions of Big Canyon Natur e Park for purposes of carrying out the Project.
d) Authorize the City Manager to execute the Agreement between Newport Bay Naturalists and Friends (DBA Newport Bay Conservancy) and the City of Newport Beach to designate $6,594,000 in grant funds to the City of Newport Beach for restoration work in the Project area. e) Award Contract No. 9532-1 to Superb Engineering, Inc. for the total bid price of $5,242,833.25, and authorize the City Manager and City Clerk to execute the contract. f) Establish a contingency of $786,000 (approximately 15% of total bid) to cover the cost of unforeseen work not included in the original contract; and g) Approve a professional services agreement with Horrocks LLC of San Diego, California, for the Project at a not -to-exceed price of $487,040 and authorize the City Manager and City Clerk to execute the Agreement.

14. Office Lease Agreement with River Valley Holdings, LLC for Use of Suite 390 at 1201 Dove Street
a) Find this matter 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, b ecause it has no potential to have a significant effect on the environment; and b) Authorize the City Manager and City Clerk to execute the Office Lease Agreement between the City of Newport Beach and River Valley Holdings, LLC for use of City Property, office space Suite 390 located at 1201 Dove Street, in a form substantially similar t o the amendment attached to the staff report.

15. Alley Reconstruction (Assessment District 111, Underground Utility District 22 Phase 2 and Assessment District 124 Phase 0 Areas) - Notice of Completion for Contract No. 8820- 2 (23R07)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

Motion carries 6 -0-1, Councilmember Blom recused based on his real property interest in 224 Marine Avenue.

16. Approval of Professional Services Agreement with Verde Design, Inc. for Bonita Creek Park Athletic Field Synthetic Turf Replacement (Project No. 26P11) (Contract No. 9890 - 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 professional services agreement with Verde Design, Inc. for the Bonita Creek Park Athletic Field Synthetic Turf Replacement project for a total not -to-exceed amount of $353,625 and authorize the Mayor and City Clerk to execute the agreement.

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17. Approval of On -Call Maintenance and Repair Services Agreement for On -Call Elevator Services with SmartRise Elevator Service, 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; and b) Approve a Maintenance and Repair Services Agreement with SmartRise Elevator Services, Inc., for On-Call Elevator Services for a five -year term and total amount not -to-exceed of $300,000 and authorize the Mayor and City Clerk to execute the agreement.

18. Ford Road Wastewater Pump Station Improvement Notice of Completion for Contract No. 7731-2 (23S04)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

19. OASIS Senior Center Site Lighting Phase 2 - Award of Contract No. 9009-3 (26F02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(a), Class 1 (Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines , California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment.
b) Approve the project plans and specifications.
c) Declare SFADIA Inc., dba Green Innovations Inc. bid non -responsive due to performing less than 50% of the work listed on the submitted bid per section 2-3.2 Self Performance of the Public Works Standard Specifications.
d) Relieve Optima Energy Inc. of its bid due to a bid error. e) Approve Budget Amendment No. 26 -017 appropriating $149,950 in new revenue and expenditures from the U.S. Department of Energy to 13501-980000-26F02. f) Award Contract No. 9009 -3 to SacTown Contractors Corporation for the total bid price of $526,450 for the OASIS Senior Center Site Lighting Phase 2 project, and authorize the Mayor and City Clerk to execute the contract; and
g) Establish a contingency of $53,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

20. Police Department Parking Lot Maintenance Project No. 25F02) - Notice of Completion for Contract No. 7901-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

21. Temporary Fire Station No. 1 Project - Award of Contract No. 8865-3 (23F12) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or conversion of small structures), Section 15304 under Class 4 (Minor Alterations to Land), and Section 15311 under Cla ss 11 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because this project has no potential to have a significant effect on the environment and the exceptions to these categorical exemptions under Section 15300.2 are not applicable; b) Approve the project plans and specifications.
c) Find the bid submitted by VSI Technologies to be non-responsive. d) Award Contract No. 8865 -3, including the additive bid item for potential lease extension to Premo Construction, Inc. for the total bid price of $295,800 for the Temporary Fire Station No.1 Temporary Trailer Project, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $29,500 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

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22. Approval of Professional Services Agreement with Stantec Consulting Services, Inc. for the San Miguel Drive Pavement Rehabilitation Project (Project No. 26R11) (Contract No. 9855-1)
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 Budget Amendment No. 26 -015, appropriating $40,000 in increased expenditures in Account No. 12601 -980000-26R11 from the unappropriated SB1 -Road Maintenance & Rehabilitation Account (RMRA) fund balance; and
c) Approve a professional services agreement with Stantec Consulting Services, Inc. for the San Miguel Drive Pavement Rehabilitation project for a total not-to-exceed amount of $297,640 and authorize the Mayor and City Clerk to execute the Agreement.

23. Approval of Amendment No. One to Professional Services Agreement with Brightly Software, Inc. for Facility Maintenance Software
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 Brightly Software, Inc. for Facility Maintenance Software to extend the term through June 30, 2028, increase the agreement amount by $68,613.21 for a total not-to-exceed amount of $187,351.80, and authorize the Mayor and City Clerk to execute the agreement.

24. Purchase of Police Department Patrol Vehicles
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 purchase of six (6) black-and-white Ford Explorer police patrol vehicles, one (1) all- black Ford Explorer police patrol vehicle and four (4) black -and-white Ford F-150 police patrol trucks from the National Auto Fleet Group of Watsonville using Sourcewell cooperative pricing and authorize the City Manager to execute a purchase order in the amount of $664,964.91.

25. Public Bathroom Gate Fabrication and Installation - Award of Contract No. 9761-1 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a signi ficant effect on the environment.
b) Award Contract No. 9761 -1 to Modern General Contractor, Inc., for the total bid price of $292,008 for the Public Bathroom Gate Fabrication and Installation project, and authorize the Mayor and City Clerk to execute the contract; and
c) Establish a contingency of $29,200 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

26. Bristol Street North, Spyglass Hill Road, and Von Karman Avenue Pavement Rehabilitation - Award of Contract No. 8895-3 (25R11, 25R15, and 23R15) 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) Approve Budget Amendment No. 26 -016 appropriating $95,850 in new revenue to Account No. 13501-431220-23R15 and expenditures to Account No. 13501- 980000-23R15 from Irvine Ranch Water District and $18,500 in new revenue to Account No. 13501 -431075-23R15 an d expenditures to Account No. 13501-980000-23R15 from Orange County Sanitation District.

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d) Award Contract No. 8895 -3 to R.J. Noble Company for the total bid price of $4,579,033.59 for the Bristol Street North, Spyglass Hill Road and Von Karman Avenue Pavement Rehabilitation project, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $458,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

Motion carried 5-0-2, Mayor Stapleton recused based on his interest in real property at 4100 and 4110 MacArthur ; and Councilmember Weber recused based on her interest in her personal residence.

27. Approval of On-Call Professional Services Agreement with Paramedrix, LLC for EMS Quality Improvement 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 an On -Call Professional Services Agreement with Paramedrix, LLC to provide EMS Quality Improvement Services for a three-year term and a total amount not-to-exceed $180,000 and authorize the Mayor and City Clerk to execute the agreement.

28. Amendment No. One to Clinical Affiliation Agreement with Regents of the University of California
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 Agreement with the Regents of the University of California, On Behalf of the University of California, UCLA Center for Pre -Hospital Care Paramedic Education Program for Paramedic Internships at Newport Beach Fire to extend the term of the agreement to September 30, 2029, and update indemnification and insurance provisions, and authorize the Mayor and City Clerk to execute the amendment.

29. Approval and Award of Printing Services Agreement for Newport Navigator Magazine with Advantage Mailing 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; and b) Award a five -year printing services contract for the Newport Navigator brochure and digital summer camp guide to Advantage Mailing LLC for the total not-to-exceed price of $521,544.91, and authorize the Mayor and City Clerk to execute the contract agreement.

30. First Amendment to Lease with Risk Placement Services, Inc. for Use of Suite 100 at 1201 Dove Street
a) Find this matter 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, b ecause it has no potential to have a significant effect on the environment; and b) Authorize the City Manager and City Clerk to execute the First Amendment to Lease between the City of Newport Beach and Risk Placement Services, Inc. for use of City Property, office space Suite 100 located at 1201 Dove Street, in a form substantially simi lar to the amendment attached to the staff report.

MISCELLANEOUS

31. Planning Commission Action Report for the August 7, 2025 Meeting and Agenda for the August 21, 2025 Meeting
a) Receive and file

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32. Appointment of William Lobdell as the Newport Beach City Historian Laureate 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) Appoint William Lobdell to the volunteer position of Historian Laureate pursuant to Resolution No. 2025-24.

33. Confirmation of Nominees to Serve on 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) Confirm the nominations made by the Aviation Ad Hoc Committee:

1. Kurt Belcher

2. Cassie Bretschger

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
c) Direct the City Clerk to agendize a formal vote for five citizen-member appointments for the September 9, 2025, City Council meeting.

Motion by Mayor Pro Tem Kleiman, seconded by Councilmember Blom, to approve the Consent Calendar, including amendments to Agenda Item No. 1, the Minutes; a “no” vote on Agenda Item 3 by Councilmember Weigand; and noted recusals.

The motion carried 7-0.

X. ITEMS REMOVED FROM THE CONSENT CALENDAR

There were none.

PRESENTATIONS (CONT.)

The Mayor and City Councilmembers recognized City Historian Laureate Bill Lobdell for his historical presentations at City Council meetings and on his appointment as the City’s inaugural City Historian Laureate.

XI. PUBLIC COMMENTS ON NON-AGENDA ITEMS

Mariah Stinson , representing the City Employees Association, made comments related to recent negotiations.

Adam Leverenz provided comments on his concerns related to the recent recruitment of the City Manager.

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XII. PUBLIC HEARINGS

34. Ordinance No. 2025-20 and Resolution No. 2025 -54 Amending Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Updating ADU and JADU Standards (PA2025-0093)
a) Conduct a public hearing;
b) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 663 10 through 66342 of the Government Code are exempt from the requirements of CEQA and pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program; c) Waive full reading, direct the City Clerk to read by title only, and introduce 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 , and pass to second reading on September 9, 2025; and
d) Adopt Resolution No. 2025 -54, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission to Amend Section 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code Related to Accessory Dwelling Units and Junior Accessory Dwelling Units (PA2025-0093).

Motion by Councilmember Grant seconded by Councilmember Weber, to a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to 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 pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program; b) Waive full reading, direct the City Clerk to read by title only, and introduce 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, and pass to second reading on September 9, 2025; and c) Adopt Resolution No. 2025 -54, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission to Amend Section 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code Related to Accessory Dwelling Units and Junior Accessory Dwelling Units (PA2025-0093).

Mayor Stapleton opened the public hearing at 4:50 p.m.

PUBLIC COMMENTS

1. Jim Mosher noted his concerns related to the correspondence from the California Department of Housing and Community Development (HCD) requiring the City to revise and update the City’s ADU ordinance ; requested the City to do a thorough review of the responsive amendments; and noted what he believed were typographical errors in the proposed ordinance.

Mayor Stapleton closed the public hearing at 4:54 p.m.

The motion carried unanimously, 7-0.

35. Resolution No. 2025-55: Ford Road Townhomes Appeal (PA2025-0049) a) Conduct a public hearing;
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b) Find that this project is not subject to further environmental review pursuant to Section 21083.3 of the California Public Resources Code (PRC) and Section 15183 of the California Environmental Quality Act (CEQA) Guidelines because the project is consistent with the previously certified Program Environmental Impact Report (SCH No. 2023060699) and statutorily exempt from the requirements of CEQA pursuant to Public Resources Code Section 21080.66; and c) Adopt Resolution No. 2025 -55, A Resolution of the City Council of the City of Newport Beach, California, Denying an Appeal and Upholding the Decision of the Planning Commission to Approve a Major Site Development Review to Construct 27 Residential Condominiums Located on an Unaddressed Parcel Abutting 1650 Ford Road (PA2025-0049).

Mayor Stapleton asked his colleagues if there were any requests for recusal or to announce ex parte communications.

Councilmembers Barto, Blom, Weber, and Mayor Stapleton had communications with the applicant which were indicated in the staff report and exhibits.

Mayor Pro Tem Kleiman recused herself noting that while her family ha d no direct or indirect financial interest related to the item, the perception that her spouse may financially benefit required her to leave the dais.

Assistant Planner Jerry Arregui, and Deputy Director of Community Development Jaime Murillo, presented the staff presentation including a PowerPoint presentation reviewing the project ; and spoke on Planning Commission approval.

The Applicant, Shawna Schaffner from CAA Planning, Inc. , provided a PowerPoint presentation that provided information on the proposed townhome project to address concerns expressed by the residents.

Omar Corona, representing the Appellant, Save Our Sports (S.O.S.) Park , provided a PowerPoint presentation opposing the project and noted the incompatibility of the project.

Councilmember Blom questioned Mr. Corona on the location of the law firm he represents; and project inconsistencies included in a letter Council received just prior to the meeting.

Mayor Stapleton opened the Public Hearing at 5:22 p.m.

PUBLIC COMMENTS

The following individuals spoke in support of the appeal (against the project):

Kayla Gastic
Derrick Hunt
Jerry Schmidt
Diane Hornby
Craig Gordon
Rachel Yelsey
Wade Womack
Mary O’Loughlin
Michael Weiland
Polly
Robert Bise
Gunnar Gooding, representing the Bonita Canyon Board of Directors Marsha Cullen
Tom Sholan
Michelle Bethel
Steve Robinson
September 9, 2025
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Amy Heicks
Janet Hathaway
Karol Hatch
Katie Drown
Unidentified Speaker

The following individuals spoke in opposition of the appeal (in favor of the project):

Jose Cortez
Isabella

Ms. Schaffner representing the Applicant, provided rebuttal comments to concerns relayed by the public and the Appellant including CEQA requirements; traffic; affordable housing; trip generation counts; land use; density and height concerns, which were not in question at this time; compatibility; and the California Housing Accountability Act.

Councilmember Weigand questioned the Applicant on the parking concerns of the residents; what are the City’s enforcement options; and parking restrictions at the sports park.

Mr. Corona, representing the Appellant, provided rebuttal comments including that the project is not aligned with the City’s Housing Element; the C ity is not compelled to approve; noted the need for additional analysis; the tentative tract map is no longer in the appeal period; the City’s noticing was improper; and expressed concern related to the 10-day and 14-day appeal timeline.

Mayor Stapleton closed the Public Hearing at 6:07 p.m.

Councilmember Blom noted his 45 -year residency and how the City has evolved over that time; noted that there were 1,052 apartment homes that had been built across the street from the Port streets; stated that everyone loves and cares about the community; and keeping children safe is the highest priority.

Councilmember Grant questioned whether the cell tower was moving; and requested clarification on the trip counts.

Staff responded that the monopole will be relocated; conditions are included in the resolution; federal law oversees telecom requirements; and noted that the traffic phasing analysis included 184 trips in a 24-hour period.

Councilmember Weigand questioned the stop sign location and whether additional analysis should be done to determine if warranted; commented on the need to be aware of scheduling important public hearings close to the holidays and asked that staff avoid that in the future.

Councilmember Barto noted that traffic issues will be constant in the City and continued traffic analysis is important.

Counclmember Grant noted her understanding of the residents’ concerns; that it is important to keep our high quality of life; noted that this isn’t her district but that she lives very close to the site and will experience the effects of the project; the system of the housing overlay and that challenges have failed in the past ; the alternative to this project could have been worse; the AT&T site is blighted; and the Project Proponent will provide a high quality project.

Mayor Stapleton noted the threat to Newport Beach comes from Sacramento ; that the reality is there could have been many more units on the site ; and traffic issues are something the City can continue working on.

September 9, 2025
Agenda Item No. 1
Draft
City of Newport Beach
August 26, 2025

Volume 66 - Page 394
Motion by Councilmember Blom, seconded by Councilmember Weber, to a) Find that this project is not subject to further environmental review pursuant to Section 21083.3 of the California Public Resources Code (PRC) and Section 15183 of the California Environmental Quality Act (CEQA) Guidelines because the project is consisten t with the previously certified Program Environmental Impact Report (SCH No. 2023060699) and statutorily exempt from the requirements of CEQA pursuant to Public Resources Code Section 21080.66; and b) Adopt Resolution No. 2025 - 55, A Resolution of the City Council of the City of Newport Beach, California, Denying an Appeal and Upholding the Decision of the Planning Commission to Approve a Major Site Development Review to Construct 27 Residential Condominiums Located on an Unaddressed Parcel Abutting 1650 Ford Road (PA2025-0049).

The motion carried 6-0-1, Mayor Pro Tem Kleiman recused.

XIII. CURRENT BUSINESS

36. 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) Waive full reading, direct the City Clerk to read by title only, and introduce 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 ; and pass to a second reading on September 9, 2025.

PUBLIC COMMENTS

1. Adam Leverenz noted his concern related to the reduction of the percentage that Tier 1 employees contribute to pension costs.

2. Jim Mosher spoke on the division of payment for City employee pensions; voiced concern related to transparency as the agenda item title did not fully reflect the subject matter; highlighted the contract’s numerous provisions; noted difficulty finding the existing contract in the City’s records portal; and felt that the staff report should have been clearer.

Motion by Councilmember Blom, seconded by Councilmember Weber, to 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, and introduce 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; and pass to a second reading on September 9, 2025.

The motion carried 7-0

37. Agreement for Purchase and Sale and Escrow Instructions with 3848 Campus L.P. for the Purchase of Real Property at 3848 Campus Drive
a) Determine this action exempt from 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 Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, 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 Agreement for Purchase and Sale of Real Property and Escrow Instructions, and all associated documents necessary to complete the September 9, 2025
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purchase transaction, with 3848 Campus L.P., to purchase the property at 3848 Campus Drive, for a price of $11,500,000 in a form substantially similar to the agreement attached to the staff report; and
c) Approve Budget Amendment No. 26 -018 to appropriate $11,936,500 in increased expenditures from the unappropriated General Fund balances.

Real Property Administrator Wooding-Whitlinger and Assistant City Manager Jurjis presented the staff report and PowerPoint presentation. The presentation included the following amendment to the proposed agreement and escrow instructions:

Section 2.1, (i), The proposed 45 days shall be changed to 120 days; and (ii), the proposed 90 days shall be changed to 200 days

Staff reviewed the proposed amendments that would give the City additional time to receive further analysis if required.

Councilmember Weigand thanked staff and the seller for the proposed amendments and requested the Orange County Transit Authority (OCTA) work with staff as soon as possible.

Councilmember Barto noted that this was a great opportunity; the extension of time is very helpful; questioned what kind of guard rails the City ha s and the timeline; and requested regular updates on the status.

Assistant City Manager Jurjis responded that the City has a 200-day escrow; that staff would immediately begin working with OCTA on costs and timing of the project and noted alternative options of an extension or dropping out.

Councilmember Grant thanked the Ad Hoc Committee and staff; noted the improvement on the new set of terms; noted that the property owner was working with the City; and the City needs to be mindful of time.

Mayor Pro Tem Kleiman expressed appreciation to the OCTA Board of Directors; and reiterated her confidence of staff and the OCTA to get to a solution.

PUBLC COMMENTS

Jim Mosher spoke on concerns related to the price and purchase of this property; and expressed concerns over whether there was a need to move the Newport Center Fire Station to the current Transportation Center, that would then require moving the Transportation Center to the potential location on Campus Drive.

Motion by Mayor Pro Tem Kleiman, seconded by Councilmember Weigand, to a) Determine this action exempt from 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 Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, 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 Agreement for Purchase and Sale of Real Property and Escrow Instructions, and all associated documents necessary to complete the purchase transaction, with 3848 Campus L.P., to purchase the property at 3848 Campus Drive, for a price of $11,500,000 in a form substantially similar to the agreement attached to the staff report; and c) Approve Budget Amendment No. 26 -018 to appropriate $11,936,500 in increased expenditures from the unappropriated General Fund balances.

The motion carried 7-0.

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August 26, 2025

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XIV. MOTION FOR RECONSIDERATION – None

ADJOURNMENT IN MEMORIAM

Prior to recessing to Closed Session, Mayor Stapleton invited Councilmember W eigand to provide special comments on the recent passing of former Newport Beach Police Chief Charles Gross.

XV. PUBLIC COMMENTS ON CLOSED SESSION

No comments were received on Closed Session.

XVI. CLOSED SESSION

City Attorney Harp announced the Closed Session Items.

A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 2 matters

1. Pacaso, Inc. v. City of Newport Beach
United States District Court Case No. 8:23-cv-01762-JVS-ADS

2. Barbara Salvini v. City of Newport Beach
Orange County Superior Court Case No. 30-2024-01442980-CU-OE-CJC

RECESS

The Mayor recessed to Closed Session at 7:00 p.m.

RECONVENE

The Mayor reconvened the meeting at 7:55 p.m.

XXIII. CLOSED SESSION REPORT

Assistant City Attorney Yolanda Summerhill announced that there were no reportable actions.

XVI. ADJOURNMENT IN MEMORIAM – Adjourned at 7:58 p.m. in memory of Police Chief Charles Gross, Retired

____________________________________________
Joe Stapleton
Mayor

__________________________________________
Molly Perry
Interim City Clerk

The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive, Newport Beach, on August 21, 2025, at 4:30 p.m
September 9, 2025
Agenda Item No. 1
Draft

3-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 3
ABSTRACT:

For many years, the City of Newport Beach has experienced increased costs and maintenance issues resulting from pedestrian activity within roadway center medians.

These medians are designed exclusively to separate opposing lanes of vehicular traffic and are not intended for pedestrian use. The presence of individuals in these areas poses serious safety risks — especially in narrow medians — and leads to public infrastructure damage, higher maintenance costs, and disruptions to traffic flow. The proposed amendment to the Newport Beach Municipal Code aims to enhance public safety and preserve the integrity of the City’s infrastructure.

RECOMMENDATIONS:

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) o f 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 Counci l 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 Landsc aping, and pass to second reading on September 23, 2025
DISCUSSION:

For many years, the City has observed pedestrians occupying roadway cent er medians, leading to public safety concerns and increased maintenance and repair costs. These medians are primarily located along high-speed arterial corridors and heavily used streets and intersections in the city, including Pacific Coast Highway, MacAr thur Boulevard, Dover Drive, Jamboree Road, San Miguel Drive, San Joaquin Hills Road, Avocado TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Jim Houlihan, Deputy Public Works Director/City Engineer - 949- 644-3311, [email protected]
TITLE 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

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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 September 9, 2025

3-2
Avenue, Newport Coast Drive, Newport Boulevard, and West/East Balboa Boulevard .

They are designed to function as safety buffers that separate opposing lanes of vehicular traffic. However, their use for unintended purposes has created significant issues, including the following:

Public Safety: According to the Federal Highway Administration (FHWA), 17 percent of all traffic fatalities are related to pedestrian crash es. Individuals located in roadway medians pose a distraction to motorists and are at increased risk of injury, especially in narrow or unraised medians that do not provide adequate protection or sight distance.

Infrastructure Damage: Landscaping, irrigati on and decorative hardscape features are frequently damaged by unauthorized pedestrian activity, increasing the City’s maintenance and repair costs.

Non-Compliance with Federal Guidelines : The FHWA recommends that medians or refuge islands be more than 48 inches wide and preferably 96 inches wide, for the median or refuge island to be considered safe for temporary occupancy.

The proposed ordinance is designed to increase public safety and reduce the City’s maintenance and repair costs by prohibiting pedestrian presence on the portions of medians that are : (1) not raised; (2) contain landscaping, irrigation or decorative hardscape; and (3) that are under 48 inches wide by 48 inches long.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action 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.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Ordinance No. 2025-22

22 3-3
ATTACHMENT AORDINANCE NO. 2025-_

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
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs, subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and further grants the City Council the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, numerous medians in Newport Beach have been enhanced with landscaping and design improvements to promote visual aesthetics, environmental quality, and community character;
WHEREAS, the standing or walking on improved medians can cause significant damage to irrigation systems, vegetation, decorative hardscape, and other improvements, resulting in increased maintenance and replacement costs borne by the City and its taxpayers;
WHEREAS, the presence of pedestrians on medians, particularly those that are not designed for pedestrians, poses a substantial safety hazard to both pedestrians and motorists because the pedestrians distract drivers, especially in areas with high traffic volumes and limited sight distances;
WHEREAS, the Federal Highway Administration (FHWA) recommends installing medians or pedestrian refuge islands to improve safety and help protect the public and drivers, particularly in areas with multilane intersections and a significant mix of pedestrian and vehicle traffic, provided that the medians or refuge islands are, at a minimum, 48 inches wide (FHWA, Proven Safety Countermeasures ); WHEREAS, many arterial roads, streets, and intersections in the City - including Pacific Coast Highway, MacArthur Boulevard, Dover Drive. Jamboree Road, San Miguel 3-4
Ordinance No. 2025-

Drive, San Joaquin Hills Road, Avocado Avenue, Newport Coast Drive, Newport Boulevard, and West/East Balboa Boulevard - feature raised medians to facilitate traffic flow and enhance pedestrian safety;
WHEREAS, it is unsafe for any person to stand or walk on any unraised median or raised/improved median that lacks an improved, flat, raised surface of more than forty-eight (48) inches in width and forty-eight (48) inches in length, as such medians do not provide adequate protection for pedestrian use; and WHEREAS, the City Council finds that this ordinance is necessary to preserve the integrity of public landscaping, reduce avoidable replacement/maintenance costs, enhance traffic safety, and protect both pedestrians and motorists from the unsafe use of medians that are not designed for pedestrian use.

NOW THEREFORE , the City Council of the City of Newport Beach ordains as follows:

Section 1: The table for contents for Chapter 10.08 (USE OF PUBLIC PROPERTY AND INTERFERENCE WITH PUBLIC ACCESS) of the Newport Beach Municipal Code is hereby amended and shall read as follows:

Chapter 10.08

USE OF PUBLIC PROPERTY AND INTERFERENCE WITH PUBLIC ACCESS Sections:

10.08.005 Definitions.

10.08.010 Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or Placing Personal Property in the Public Rights-of-Way.

10.08.012 Safe Use of Medians.

10.08.015 Public Assemblage-Blocking Entrance.

10.08.020 Molesting Pedestrians.

10.08.030 Use of Public Property for Commercial Purposes.

10.08.040 Shining of Lights Into Dwelling.

Section 2: Section 10.08.005 (Definitions) of Chapter 10.08 (USE OF PUBLIC PROPERTY AND INTERFERENCE WITH PUBLIC ACCESS) of the Newport Beach Municipal Code is hereby amended and shall read as follows:
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10.08.005 Definitions.

Ordinance No. 2025-

For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section:
"Beach" or "beaches" means any public ocean front or bay front beach within the City, including ocean or bay public piers, public floats, public wharves, or public strands adjoining public ocean front or bay front beach areas.
"Cancer treatment center" means a facility for the treatment of cancer located in a mixed-use horizontal zone.
"College" means an institution of higher education, including a community or junior college, college or university including, but not limited to, Orange Coast College and Coastline College.
"Day care center" shall have the same meaning as set forth in Section 1.08.120. "Improved Median" means the portion of any median that contains landscaping, irrigation, or decorative hardscape including, but not limited to, stamped or patterned concrete, pavers or bricks, and permeable paving.
"Landscaped area" means all improved landscaped areas, except for open grass areas. "Median" means any area within a public roadway that separates opposing lanes of traffic and is not intended for vehicular travel.
"Pedestrian refuge island" means a raised area specifically designed to provide a safe place for pedestrians to pause while crossing multilane streets, often in the form of an island, constructed in the middle of a road to provide a place to wait for an adequate gap in incoming traffic before finishing the second phase of crossing. For purposes of this chapter, the Public Works Director shall determine if an island is a pedestrian refuge island. A copy of all islands determined to be a pedestrian refuge island shall be kept on file with the City Clerk.
"Personal property" means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, huts, temporary shelters, tarps, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household goods, luggage, backpacks, and 3-6
Ordinance No. 2025-

clothing. Personal property does not include property that is secured inside of a motor vehicle; items expressly authorized by a public entity to be on public property owned or controlled by the public entity; or items authorized to be on public property pursuant to this Code, a license, or permit issued by the City.
"Public plaza" means an open public area that is owned or controlled by the State, the County, the City, or other public entity that has been physically improved, which allows access to the beach, a boardwalk, or public pier, and where people can gather. A public plaza does not include the sandy and rocky portions of the beach, areas with grass or soft landscaping, or a public park.
"Public property" means all property owned or controlled by the State, the County, the City, or other public entity including, but not limited to, any publicly owned or controlled building, structure, restroom, bridges, beach, parking garage, parking lot, passageway, pier, public right-of-way, public plaza, driveway, landscaped area, parkway, median, greenbelt, open space, public park, or park facility.
"Public rights-of-way" or "public right-of-way" means the area or areas on, below, or above a public roadway, public highway, public street, public sidewalk, public path, public trail, public plaza, public bike lane or path, public boardwalk, public alleyway, or a utility easement in which the City has interest.
"Raised Median" means a median that includes a paved or concrete surface elevated above the level of the adjacent travel lanes.
"School" shall have the same meaning as set forth in Section 1.08.120. "Store,"
1 'stored," "storing" or
11 storage" means to put personal property aside, to
accumulate for use when needed or to put for safekeeping. Moving personal property to another location on public property or returning personal property within one thousand (1 ,000) feet from a location where a person previously received a citation for violation of Section 10.08.010 within a thirty (30) day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property.
"Tent" means any tarp, cover, hut, structure, enclosure or shelter, made of any material that is not open on all sides, and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, hut, structure, enclosure, or shelter. A tent does not include any shade covering used in accordance with Section 11.08.020. 3-7
Ordinance No. 2025-

"Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Personal property left outside of a building or shelter at a public park or on the sandy/rocky portion of any beach shall not be considered "unattended" unless there is no person present who asserts or claims ownership over the personal property for one hour or more.

Section 3: Section 10.08.12 (Safe Use of Medians) of Chapter 10.08 (USE OF PUBLIC PROPERTY AND INTERFERENCE WITH PUBLIC ACCESS) is added to the Newport Beach Municipal Code and shall read as follows:

10.08.012 Safe Use of Medians.

A. Purpose. The purpose of this section is to promote public safety and preserve City infrastructure by prohibiting unsafe or damaging conduct on medians, particularly those that are landscaped, have decorative hardscape, or are not designed for pedestrian occupancy. The City has determined that the presence of individuals on such medians presents a safety hazard to both pedestrians and motorists and causes damage to public landscaping and decorative hardscape improvements.

B. Prohibited Conduct. Except as provided in subsection C, it is unlawful for any person to stand or walk on any median within the City under any of the following conditions:

1. The median is not a raised median;

2. The location where the person is standing or walking is an Improved Median; or

3. The location where the person is standing or walking does not provide a flat paved or concrete surface area that is more than forty-eight (48) inches in width by forty-eight (48) inches in length.

C. Exceptions. This section shall not apply to:

1. City employees or contractors including, but not limited to, emergency personnel, performing their duties, maintenance, or other authorized work;

2. A person standing or walking in a designated pedestrian refuge island; or 3-8
Ordinance No. 2025-

3. If the vehicular traffic on the street or intersection is prohibited or limited for a City sponsored event or an event for which the City has issued a special event permit.

Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.

Section 5: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance 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: The City Council finds the introduction and adoption of this ordinance 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.

Section 7: Except as expressly modified in this ordinance, all other sections, subsections, terms , clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 3-9
Ordinance No. 2025-

Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of September, 2025, and adopted on the 23rd day of September, 2025, by the following vote, to-wit:

AYES: _ __________ _ _________ _
NAYS: ----------- ------- -----
ABSENT: ____________________ _
Joe Stapleton, Mayor
ATTEST :

Molly Perry, Interim City Clerk
APPROVED AS TO FORM:

CITY TTORNEY'S OFFICE
Page Intentionally Left Blank

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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 4
ABSTRACT:

For the City Council’s consideration is the second reading and the adoption of Ordinance 2025-19, amending Newport Beach Municipal Code (NBMC) Title 11 (Recreational Activities), to add Chapter 11.12.140 prohibiting the climbing on railings of public property.

The ordinance also amends the NBMC Title 11 (Recreational Activities), Chapter 11.12.150 by updating language in the section.

RECOMMENDATIONS:
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, Jump ing and Climbing on Public Property Adjacent to Waterways.

DISCUSSION:

Bridges, piers and ledges adjacent to waterways in Newport Beach have historically been popular places for people to jump into nearby waterways. This behavior poses significant dangers to not only the individual jumper, but also others, including boaters, using the waterways. Jumping or diving from a bridge, pier, wharf or similar structure is currently prohibited by the NBMC.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, [email protected] PREPARED BY: David Spenser, Police Sergeant - 949-644-3744, [email protected]
TITLE: 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 1 1 (Recreational Activities) Related to Swimming Regulations and Restrictions on Diving, Jumping and Climbing on Public Property Adjacent to Waterways
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Ordinance 2025-19: Amendments to Title 11 on
Climbing, Diving, and Swimming Regulations on Public Property September 9, 2025

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The addition of Chap ter 11.12.140, which would prohibit climbing on railings, ledges or other structures on public property near waterways , would be a proactive measure to reduce such risky behavior. By clearly defining and providing enforcement options , the ordinance helps deter individuals from accessing dangerous areas where jumping might occur. This would not only decrease the likelihood of injuries, but also lower the frequency of waterway disruptions and emergency response interventions. Ultimately, the NBMC amendment would help enhance public safety, support responsible waterfront use, and reduce the City of Newport Beach’s liability for accidents on public property.

The amendment to Chapter 11.12.150 updates language to the current municipal code.

Ordinance 2025 -19 was introduced at the August 25, 2025 City Council meeting. If adopted, the ordinance would become effective after 30 days.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Ordinance No. 2025-19

ATTACHMENT A
4-3
ORDINANCE NO. 2025-19

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, ADDING SECTION

11.12.140 • (CLIMBING ON RAILINQS 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
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS. diving, jumping or entering the water from public structures within the city is unlawful pursuant to the Newport Beach Municipal Code ("NBMC") Section

11.12.150;
WHEREAS, individuals frequently stand and climb upon the railings of public structures prior to jumping or diving from the public structures within the city; WHEREAS; these pre-diving activities can attract large crowds of spectators and ocean vessels, which in turn compromises public safety and diminishes the quality of life for residents of Newport Beach;
WHEREAS, the NBMC only criminalizes jumping and div.ing from public structures within the city, and does not currently provide a mechanism to address or penalize people who are preparing to jump or dive off those structures; and WHEREAS, to address this gap in enforcement authority and proactively safeguard the health, safety and welfare of the public, it is necessary to amend the NBMC to prohibit pre-diving and pre-jumping activities within Newport Beach. 4-4
Ordinance No. 2025-

NOW THEREFORE, the City Council of the City of Newport Beach oirdains as follows:

Suction 1: The table for contents for Chapter 11.12 {SVVIMMING REGULATIONS) of the NBMC is hereby amended to read as follows:

Chapter 11.12

SWIMMING REGULATIONS
Sections:

11.12.010 Designation of Protected Swimming Areas.

11.12.020 Swimming Area No. 1.

11.12.030 Swimming Area No. 2.

11.12.040 Swimming Area No. 3.

11.12.050 Swimming Area No. 4.

11.12.060 Swimming Area No. 5.

11. 1'2.070 Swimming Area No. 6.

11.12.080 Swimming Area No. 7.

11.12.090 Swimming Area No. 8.

11.12.100 Swimming Area No. 9.

11.12 .110 Swimmin,g Area No. 10.

11.12.120 Activities Restricted in Swimming Areas.
·11.12.130 Prohibited Swimming Areas.

11.12.140 Climbing on Railings of Public Property.

11.12.150 Diving or Jumping from Public Property.

11.12.160 Swimming and Diving Prohibited in Harbor Entrance.

11.12.170 Crafts Prohibited in Harbor Entrance.

SE!Ction 2: Section 11.12.140 (Climbing on Railings of Public Property) of Chapter 11.12 (Swimming Regulations) is added to the NBMC and shall read as follows:
11:.12.140 Climbing on Railings of Public Property.

It shall be anlawful for any person to sit, stand, balance, crouch, or climb upon th,a railings, ledges, barriers, or protruding cement structures of any public bridge, pi«3r, wharf, or bulkhead within the City. This section shall not applly to City employees or City contractors who are performing their official duties. 4-5
Ordinance No. 2025-_

Section 3: Section 11. 12. 150 (Diving or Jumping from Public Property) of Chapter 11.12 (Swimming Regulations) of the NBMC is hereby amended to read as follows:

11.12.150 Diving or Jumping from Public Pro1>erty.

It shall be unlawful for any person to dive1 jurnp1 or otherwise enter the water from any public bridge, pier, wharf, float adjacen1t to such pier or wharf, bulkhead, seawalls, groin, jetty or natural rock formation, wlhich is located on public property within the City. This section shall not apply to City employees or City contractors who are performing their official duties.

Section 4: The recitals provided in this ordinance are true and correct and are incorp~r~ted into the substantive portion of this ordinam~e.

Section 5: If any section, subsection, senfomce, clause or phrase of this ordinance is for any reason held to be invalid or uncons;titutional, such decision shall not affect the· validity or constitutionality of the remaining portions of this ordinance. The­ City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespE;!Ctive of the fact that any one or more sections, subsections, sentences, clauses or !Phrases be declared invalid or unconstitutional.

Section 6: The City Council finds the Introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060( c)(2) (the activity will not resu'lt in a direct or reasonably foreseeable indirect physical change in the environment) and 1 fi060(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 i1t has no potential for resulting in physical change to the environment, directly or indirectly.

Section 7: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 4-6
Ordinance No. 2025-

Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance , or a summary thereof, to be published pursuant to City Charter SHction 414. This ordinance shall be effective thirty (30) calendar days after its adoption.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of August, 2025, and adopted on the 9th day of September , 2025, by the following vote, to-wit:

AYES: ------------------------
NAYS: ------------------------
ABSENT: -----------------------
Joe Stapleton, Mayor
ATTEST :

Madly Perry, Interim City Clerk
APPROVED AS TO FORM:

CITY TTORNEY 'S OFFICE
Aaron C . Harp, City Attorney

5-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 5
ABSTRACT:

For the City Council’s consideration is the adoption of an amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC). The proposed ordinance amends Title 20 to update regulations pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) . The amendments are intended to comply with State of California ADU laws that went into effect on March 27, 2024, and January 1, 2025. The attached ordinan ce was introduced and considered at the August 26, 2025, City Council meeting.

RECOMMENDATIONS:
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 secon d 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).

DISCUSSION:

In 2024, the State Legislature enacted several housing bills (SB 477, AB 2533, and SB 1211) amending Government Code Sections 66310 through 66342 to impose new requirements on ADUs and JADUs. These changes created additional opportunities to build ADUs and JADUs. The proposed ordinance amends Title 20 of the NBMC to update the City of Newport Beach’s regulations pertaining to ADUs and JADUs to comply with State laws that went into effect on March 27, 2024, and January 1, 2025.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jaime Murillo, Acting Community Development Director - 949-644- 3209, [email protected]
PREPARED BY: Oscar Orozco, Associate Planner - 949-644-3219, [email protected]

TITLE:

Ordinance No. 2025-20: Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Updating ADU and JADU
Standards (PA2025-0093)
--
Ordinance No. 2025-20: Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Updating ADU and JADU Standards (PA2025-0093) September 9, 2025

5-2
City Council Hearing – August 26, 2025
The City Council introduced the proposed amendments on August 26, 2025, at a noticed public hearing. After considering all evidence, and taking public testimony, the City Counci l voted unanimously to introduce Ordinance No. 2025 -20 and passed the ordinance onto a second reading.

California Coastal Commission Review
For consistency with the proposed amendments to Title 20, similar amendments are proposed to Title 21 (Local Coastal Program Implementation Plan) of the NBMC; however, a ny amendments to Title 21 require California Coastal Commission (CCC) approval.

At the August 26, 2025, meeting of the City Council, the Council adopted Resolution No. 2025-54, authorizing the submittal of Local Coastal Program (LCP) Amendment filed as PA2025-093 to amend Title 21. Upon approval of the proposed LCP Amendment by the CCC, staff will return to the City Council with an ordinance to adopt the Title 21 amendment.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this project exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), 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. Similarly, the minister ial approval of ADUs would not be a project for CEQA purposes, and environmental review would not be required prior to approving individual applications.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Ordinance No. 2025-20

Attachment A
Ordinance No. 2025-20
5-3
5-4
20ORDINANCE NO. 2025-_

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)
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California;
WHEREAS, the City of Newport Beach adopted Ordinance No. 2017-11, its accessory dwelling unit ordinance, as Sections 20.48.200 (Accessory Dwelling Units) and 21 .48.200 (Accessory Dwelling Units) ("ADU Ordinance") of the Newport Beach Municipal Code ("NBMC'') on August 8, 2017;
WHEREAS , since its original adoption, the ADU Ordinance has been amended several times to address changes to State Accessory Dwelling Unit ("ADU") law including, Ordinance No. 2018-14, Ordinance No. 2020-9, Ordinance No. 2022-5, and Ordinance No. 2023-2;
WHEREAS, additionally, the City Council adopted Resolution No. 2021-18 adding City Council P olicy K-4 (Reducing the Barriers of the Creation of Housing) to the City Council Policy Manual on March 9, 2021, to encourage the development of accessory dwelling units as an important strategy to meet the City's Regional Housing Needs Allocation ("RHNA");
WHEREAS , the California Legislature continues to adopt laws imposing new limits on cities' ability to regulate ADUs and Junior Accessory Dwelling Units ("JADUs") including Senate Bill 477, which renumbered California Government Code Sections 65852.2, 65852.22 , 65852.23, and 65852.26 to Government Code Section 66310 et seq., Assembly Bill 2533, Senate Bill 1211, and Assembly Bill 130; WHEREAS , Zoning Code Amendment No. 2025-093 is necessary for consistency with state law;
5-5
Ordinance No. 2025-

WHEREAS , a public hearing was held by the Planning Commission regarding Zoning Code Amendment PA2025-0093 on July 17, 2025, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 of the NBMC.

Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS , at the conclusio n of the public hearing, the Planning Commission adopted Resolution No. PC2025-014 by a unanimous vote ( 4 ayes, 0 nays, 3 absent) recommending approval of Zoning Code Amendment PA2025-0093 and Local Coastal Amendment No. PA2025-0093 to the City Council; and
WHEREAS , a public hearing was held by the City Council on August 26, 2025, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters

20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing .

NOW THEREFORE , the City Council of the City of Newport Beach ordains as follows:

Section 1: The City Council does hereby approve Zoning Code Amendment PA2025-0093 as set forth in "Exhibit A," based upon the Facts in Support of Zoning Code Amendment PA2025-0093 set forth in "Exhibit B," both of which are attached hereto and incorporated herein by reference.

Section 2: An amendment to Title 21 (Local Coastal Program Implementation Plan) is also underway pursuant to Resolution 2025-_ to approve Local Coastal Program Amendment No. PA2025-0093. Zoning Code Amendment PA2025-0093 shall not become effective for projects located in the coastal zone for which Title 21 is applicable until approval of the Local Coastal P rogram Amendment by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by ordinance of the City Council of the City of Newport Beach.

Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 5-6
Ordinance No. 2025-_

Section 4: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance 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 u n constitution a I.

Section 5: The City Council finds the introduction and adoption of this ordinance is statutorily exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which states 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. In addition, this Local Coastal Program Amendment is exempt from environmental review pursuant to CEQA Guidelines Section 15265(a)(1 ), as local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program. Similarly, the ministerial approval of accessory dwelling units is not a project for CEQA purposes, and environmental review is not required prior to approving individual applications.

Section 6: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect.
5-7
Ordinance No. 2025-_

Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of August, 2025, and adopted on the 9th day of September, 2025, by the following vote, to-wit:

AYES: _______ ___________ ___ _
NAYS: -------- ------------- - -
ABSENT: ---------- ------------
Joe Stapleton, Mayor
ATTEST :

Molly Perry, Interim City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Attachment( s ): Exhibit "A" - Zoning Code Amendment (PA2025-0093) Exhibit "B" - Facts in Support of Zoning Code Amendment (PA2025- 0093)
5-8
EXHIBIT "A"
ZONING CODE AMENDMENT NO. PA2025-0093
Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 (Planning and Zoning) of the NBMC is amended as follows:

20.48.200 Accessory Dwelling Units.

A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 66310 through 66342, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City.

B. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be:

1. Deemed to be inconsistent with the General Plan and zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located;

2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located;

3. Considered in the application of any ordinance, policy, or program to limit residential growth; or

4. Required to correct nonconforming zoning condition(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.

C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to issuance of a building permit and the following conditions:

1. There is an existing or proposed dwelling unit on the lot;

2. The dwelling conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section and California Government Code Section 66323; and

3. The building permit shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City determines an application to be complete, unless either:
5-9
a. The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or
b. In the case of an application for an accessory dwelling unit and/or junior accessory dwelling unit submitted with an application to create a new single-unit dwelling on the lot, the City may delay acting on the accessory dwelling unit and/or junior accessory dwelling application until the City renders a decision on the new single-unit dwelling application.

D. Maximum Number of Accessory Dwelling Units Allowed. Unless precluded by Government Code Section 66323 the following is the maximum number of accessory dwelling units allowed on any residential lot. For purposes of this section, " multi-unit dwelling" means a development containing two or more dwelling units on one lot.

1. Internal to a Single-Unit or Multi-Unit Dwelling Category. Only one accessory dwelling unit may be permitted on a lot with a proposed or existing single-unit or multi­ unit dwelling, subject to the following:
a. The accessory dwelling unit is proposed:
i. Within the space of a proposed single-unit or multi-unit dwelling; ii. Within the existing space of an existing single-unit or multi-unit dwelling; or iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of the existing structure of up to one hundred fifty (150) square feet if the expansion is limited to accommodating ingress and egress.
b. The accessory dwelling unit shall have independent exterior access from the single-unit dwelling.
c. Side and rear setbacks comply with Titles 9 (Fire Code) and 15 (Buildings and Construction).

2. Attached on Lot With Single-Unit or Multi-Unit Dwelling Category. Only one attached, new-construction accessory dwelling unit may be permitted on a lot with a proposed or existing single-unit or multi-unit dwelling.

3. Detached on Lot With Single-Unit or Multi-Unit Dwelling Category. Only one detached new-construction accessory dwelling unit may be permitted on a lot with a proposed or existing single-unit dwelling. Up to two detached new-construction accessory dwelling units may be constructed on a lot that has an existing or proposed multi-unit dwelling. For purposes of this section, a multi-unit development approved and built as a single complex shall be considered one lot, regardless of the number of parcels.

4. Conversion of Multi-Unit Dwelling Category. Multiple accessory dwelling units may be permitted on lots with existing multi-unit dwellings subject to the following:
a. The number of accessory dwelling units shall not exceed twenty-five (25) percent of the existing multi-unit dwellings on the lot. For the purpose of 5-10
calculating the number of allowable accessory dwelling units, the following shall apply:
i. Previously approved accessory dwelling units shall not count towards the number of existing multi-unit dwellings;
ii. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one accessory dwelling unit shall be allowed; and iii. For the purposes of this section, multi-unit developments approved and built as a single complex shall be considered one lot, regardless of the number of parcels.
b. The portion of the existing multi-unit dwelling that is to be converted to an accessory dwelling unit is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements , or garages .

E. Maximum Number of Junior Accessory Dwelling Units Allowed. One junior accessory dwelling unit may be permitted on a lot with a proposed or existing single-unit dwelling, subject to the following:

1. The junior accessory dwelling unit is proposed to be attached to, or within the space of, a proposed or existing single-unit dwelling.

2. The junior accessory dwelling unit shall have independent exterior access from the single-unit dwelling and may provide interior access to the single-unit dwelling.

3. Side and rear setbacks comply with Titles 9 (Fire Code) and 15 (Buildings and Construction) .

4. The junior accessory dwelling unit may be constructed in addition to an accessory dwelling unit on the lot with a proposed or existing single-unit dwelling. A junior accessory dwelling unit is not permitted on a lot with a proposed or existing multi-unit dwelling.

F. Development Standards. Except as modified by this subsection or authorized by California Government Code Section 66317 and 66323, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all objective standards of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (Planning and Zoning), including but not limited to height. setback, site coverage, floor area limit, and residential development standards and design criteria.

1. Minimum Lot Area. There shall be no minimum lot area required to establish an accessory dwelling unit and/or junior accessory dwelling unit.

2. Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below:
a. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback. 5-11
b. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing setback provided. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint and do not exceed the existing structure's sjze and/or height. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.
c. Attached and detached accessory dwelling units shall provide a minimum setback of four feet from all side property lines and rear property lines not abutting an alley unless the setback requirements of the underlying zoning district are less restrictive.

3. Building Height.
a. Internal. Accessory dwelling units and junior accessory dwelling units internal to an existing or proposed single-unit or multi-unit dwelling shall comply with the height limit as required by underlying zoning district. b. Attached . Accessory dwelling units and junior accessory dwelling units attached to an existing or proposed single-unit or multi-unit dwelling shall comply with the height limit as required by underlying zoning district. c. Detached accessory dwelling units shall not exceed a height of sixteen (16) feet except as noted below:
i. An accessory dwelling unit constructed on a lot with an existing or proposed multi-unit, multi-story dwelling shall not exceed a height of eighteen (18) feet. ii. An accessory dwelling unit constructed above a detached garage shall not exceed two stories and the maximum allowable height of the underlying zoning district, provided the accessory dwelling unit meets the minimum setbacks required by underlying zoning district and the principal dwelling unit complies with parking standards set forth in Section 20.40.040.
iii. An accessory dwelling unit constructed on a lot with an existing or proposed single-unit or multi-unit dwelling that is located within one-half-mile walking distance of a major transit stop or high-quality transit corridor, as those terms are defined in California Public Resources Code Section 21155, shall not exceed a height of eighteen (18) feet. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary unit.

4. Unit Size.
a. The maximum size of a detached or attached accessory dwelling unit is eight hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand (1,000) square feet for a two or more bedroom unit.
b. Application of size limitations set forth in subsection (F)(4)(a) of this section shall not apply to an accessory dwelling unit that is converted as part of a 5-12
proposed or existing space of a principal residence or existing accessory structure.
c. Application of development standards, such as floor area limit or site coverage, may further limit the size of the accessory dwelling unit, but in no case shall the front setback, floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than eight hundred (800) square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit.
d. The maximum size of a junior accessory dwelling unit shall be five hundred (500) square feet.
e. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit or as required by the California Building Code (CBC).

5. Walkout Basement Floor Area Limit Exception. The gross floor area of an accessory dwelling unit or junior accessory dwelling shall be excluded from the allowable floor area limit when located below grade within a basement. Daylighting of the basement shall only be permitted where excavation is necessary to provide exterior access to the main surface level and in compliance with the following:
a. The access passageway, inclusive of any necessary shoring, may encroach into a side setback area;
b. The passageway shall be free of obstructions from the ground level to a height of eight feet; and
c. The access passageway shall measure a minimum of thirty-six (36) inches in width, measure a maximum of sixty (60) feet in length, and shall not be located within a yard fronting a public right-of-way.

Figure 3-7
Walkout Basement Floor Area Limit Exception

6. Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall not require fire sprinklers so long as fire sprinklers are not required for the 5-13
principal residence, nor shall the construction of an accessory dwelling unit and/or junior accessory dwelling unit require fire sprinklers to be installed in the existing single-unit or multi-unit dwelling.

7. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior accessory dwelling unit. For the purposes of this section, "passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit.

8. Parking. Parking shall comply with requirements of Chapter 20.40 (Off-Street Parking) except as modified below:
a. No additional parking shall be required for junior accessory dwelling units. b. A maximum of one parking space shall be required for each accessory dwelling unit.
c. When additional parking is required, the parking may be provided as tandem parking and/or located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet. d. No additional parking shall be required for:
i. An accessory dwelling unit internal to a proposed principal residence or converted from existing space of a principal residence or existing accessory structure;
ii. An accessory dwelling unit located within one-half-mile walking distance of public transit. For the purposes of this section "public transit" shall include a bus stop where the public may access buses that charge set fares, run on fixed routes, and are available to the public;
iii. An accessory dwelling unit located within an architecturally and historically significant historic district;
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
v. When there is a car-share vehicle located within one block of the accessory dwelling unit. For the purposes of this section, "car-share vehicle" shall mean part of an established program intended to remain in effect at a fixed location for at least ten (10) years and available to the public. vi. Outside the coastal zone, when an accessory dwelling unit is constructed in conjunction with a new single-unit or multi-unit dwelling on the same lot. e. No Replacement Parking Necessary. Outside the coastal zone, when a garage, carport, covered or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. Outside the coastal zone, when a garage is demolished 5-14
in conjunction with the construction of a junior accessory dwelling unit at the same location or converted to a junior accessory dwelling unit, that off-street parking space is not required to be replaced. Refer to Section 21.48.200(F)(8)(e) for replacement parking in the coastal zone.

9. Historic Resources. Any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable.

G. Utility Connection.

1. Connection Required. All accessory dwelling units and junior accessory dwelling units shall connect to public utilities (or their equivalent), including water, electric, and sewer services.

2. Except as provided in subsection (G)(3) of this section, the City may require the installation of new or separate utility connections between the accessory dwelling unit, junior accessory dwelling unit and the utilities.

3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-unit or multi-unit dwelling(s), unless the accessory dwelling unit is being constructed in connection with a new single-unit dwelling.

4. Septic Systems. If the principal dwelling unit is currently connected to an on-site wastewater treatment system and is unable to connect to a sewer system, accessory dwelling units and junior accessory dwelling units may connect to the on-site wastewater treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten ( 1 O) years.

H. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units.

1. No Separate Conveyance. Except as authorized in California Government Code 66341, an accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single-unit dwelling) or from the lot and all of the dwellings (in the case of a multi­ unit dwelling).

2. Short-Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less.

3. Owner-Occupancy for Junior Accessory Dwelling Units. A natural person with legal or equitable title to the lot must reside in either the principal single-unit dwelling unit or the junior accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner-occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.
5-15
I. Deed Restriction and Recordation Required . Prior to the issuance of a building and/or grading permit for a junior accessory dwelling unit, the property owner shall record a deed restriction with the County Recorder's Office, the form and content of which is satisfactory to the City Attorney . The deed restriction docume nt shall notify future owners of the owner occupancy requirements , prohibition on the separate conveyance , the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the junior accessory dwelling unit exists on the lot. 5-16
EXHIBIT "B"
FACTS IN SUPPORT OF CODE AMENDMENT (PA2025-0093)
An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of the NBMC, or Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 ( Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of such amendments.

Notwithstanding the foregoing, the Zoning Code Amendment is consistent with the City Council' s initiation and allows for orderly residential development while protecting property rights, as identified below.

1. ADUs and JADUs provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. In addition, homeowners who construct ADUs and JADUs benefit from added income and increased sense of security.

2. Allowing ADUs and JADUs in conjunction with existing or proposed residential development provides additional rental housing stock, some of which will satisfy the City's 6th Cycle Regional Housing Needs Assessment (RNHA).

3. Adopting an ordinance consistent with Government Code Sections 66310 through 66342 ensures and reinforces the commitment that the City has made to promote and incentivize ADU growth via the established Policy Action 1 H: Accessory Dwelling Unit Construction of the City's 6th Cycle Housing Element.

4. Adopting an ordinance to address State ADU Law revisions is consistent with Council Policy K-4 (Reducing the Barriers to the Creation of Housing) which encourages the development of accessory dwelling units as an important strategy to accommodate future growth and as an integral strategy to help meet the City's Regional Housing Needs Allocation (RHNA).

5. ADUs and JADUs offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods inside and outside the coastal zone, while respecting architectural character.

6. Adopting an ordinance consistent with Government Code Sections 66310 through 66342 ensures that the character of the City is preserved to the maximum extent possible and that t he City's regulation regarding ADUs and JADUs continues to promote the health, safety, and welfare of the community.

7. The proposed amendments are consistent with and implement California Government Code Sections 66310 through 66342. The proposed changes to the NBMC are solely intended to address updated requirements under State ADU Law and the HCD Letter.

No additional changes are proposed as part of this amendment. 5-17

8. The HCD Letter requests that NBMC Section 20.38.200 (0) (3) and (4)(a)(iii) be amended to address the definition of a "lot". HCD cites the 2022 California Building Code (CBC), which defines "lot" as "A portion or parcel of land considered as a unit". However, Government Code Sections 66310 through 66342 do not include a definition of a "lot" and do not cite the CBC for the definition of a "lot". The existing language of NBMC Section 20.38.200 (0)(3) and (4)(a)(iii) reads, "For purposes of this section, a multi-unit development approved and built as a single complex shall be considered one lot, regardless of the number of parcels." This language is consistent with NBMC Section

20.70.020 (Definitions of Specialized Terms and Phrases) which defines a "lot" as, " ... the basic unit of land development. A designated area of land established by plat, subdivision, lot line adjustment, or as otherwise permitted by law, to be used, developed , or built upon as a unit. Typically , a lot is indicated upon a final map, parcel map, lot line adjustment map, certificate of compliance, or record of merger filed in the Office of the County Recorder ... ". Furthermore, NBMC Section 20.70.020 (Definitions of Specialized Terms and Phrases) defines "Site" as, " ... a lot or adjoining lots under single ownership or single control, considered as a [Numerical] unit for the purposes of development or other use." These codified definitions adequately define "lot" for the purpose of regulating ADUs and JADUs, therefore, no changes are necessary to address this comment from HCD.

9. The HCD Letter asserts that the City cannot impose standards of a local ordinance, regulation, or policy not contained within the City's ADU ordinance from being the basis of delay or denial of an ADU or JADU, with the exception of the CBC. However, pursuant to Government Code Section 66314 (b)(1 ), a local jurisdiction is allowed to impose objective standards on ADUs and JADUs, with the exception of ADUs and JADUs that are specifically protected under Section 66323 of the Government Code. Therefore, the proposed amendment includes references to Government Code 66323 to ensure that Government Code 66323 supersedes the development standards of the NBMC where applicable.

10. The HCD Letter requests NBMC Section 20.38.200 (F)(2)(b) related to setbacks be amended to include reference to JADUs in the language to process building permits and demolition permits concurrently for ADUs that are proposed to replace a detached garage. However, Government Code sections 66310 through 66342 do not explicitly allow JADUs to be created from detached structures, including garages. Therefore, adding JADUs into NBMC Section 20.38.200 (F)(3) would create privileges for JADU development that are not found in Government Code Sections 66310 through 66342.

Therefore, the existing language is consistent with the provisions of Government Code Section 66333(d). No changes are necessary to address this comment from HCD.

11. The HCD Letter requests that NBMC Section 20.38.200 (F)(3)(b) be amended to clarify that the height limit for ADUs and JADUs attached to a primary dwelling shall not be less than 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. The existing ADU ordinance language outlines that attached ADUs and JADUs are limited to the base height limit for the primary dwelling.

The City's various residential zoning districts have base height limits that exceed the 25- foot height limit allowed by the State, therefore, the City's existing ADU Ordinance is more permissive than State ADU Law. Imposing the requested amendment would impose a height limit that is lower than currently permitted by the underlying zoning 5-18
districts. Therefore, The City's existing ordinance is more permissive than State ADU Law and no amendments are necessary to address this comment from HCD.

12. The HCD letter requests that NBMC Section 20.48.200 (H)(3) be amended to remove owner occupancy requirements for ADUs. This revision is not necessary given the existing ADU ordinance does not require owner occupancy of ADUs and specifies that owner occupancy is only required for JADUs. JADU owner occupancy is authorized by Government Code Section 66333(b ). Therefore, no changes are necessary to address this comment from HCD.

13. The recitals provided in this resolutio n are true and correct and are incorporated into the operative part of this resolution.

6-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 6
ABSTRACT:

City of Newport Beach s taff prepared a revised grant application for Orange County Transportation Authority ( OCTA) Measure M2 Project V funding for a proposed Balboa Island/Corona del Mar local area transit service. OCTA requires a City Council approved Resolution authorizing and supporting submission of the revised grant application.

RECOMMENDATIONS:
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. 202 5-56 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.

DISCUSSION:

As part of Measure M2, OCTA administers several grant funding programs including the Project V grant program which is designed to fund community-based transit services that complement larger regional transit programs.

OCTA released a Project V call for pro jects in November 2024 and noted the next local transit grant application opportunity would not be until 2029. City staff submitted two grant applications prior to the January 25, 2025 application deadline. The first application was for the continuation of the existing Balboa Peninsula Trolley (traditional service), for which OCTA awarded grant funding and included five new trolley vehicles with an anticipated delivery in Spring 2026.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Kevin Riley, Acting City Traffic Engineer - 949-644-3329, [email protected]
TITLE: 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 --
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
September 9, 2025

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The second application was for a Balboa Island/Corona del Mar local microtransit program (on-demand service), which is the subject application being revised and seeking approval herein.

At the time of application for the Balboa Island/Corona del Mar local area micro-transit program, the City was considering a n on -demand microtransit solution utilizing neighborhood electric vehicles (NEVs) limited to roadways with a speed limit of 35 miles per hour or less. Operational details were not fully formulated as they were being studied through an OCTA-grant-funded mobility study. The City submitted the application with the understanding from OCTA that it would serve as a placeholder with a conceptual program and would be revised at a future date with final details once the mobility study was completed.

During the process of the s tudy, the City Council’s Ad Hoc Transit, Transportation, Parking and Mobility Committee provided review, input and recommendations. This evaluation expanded to alternatives beyond microtransit. Ultimately, through the alternatives analysis and outreach pro cesses, a traditional fixed -route trolley circulator service, similar to the Balboa Peninsula Trolley, was determined to be the best option to meet the study area’s mobility needs. These developments were discussed at the September 24, 2024 City Council Meeting and updated at the February 1, 2025 City Council Planning Session. Lastly, at the City Council’s May 13, 2025 Study Session, staff provided details on the recommended fixed -route trolley program and the Council voted unanimously to move forward with this expansion of the City trolley program.

Staff replaced the previous placeholder application with a revised grant application for a traditional fixed-route service. As required by the grant application, staff requests approval of Resolution No. 2025-56, demonstrating the City Council’s support for the submittal of the revised application for funding.

Upon approval by the OCTA Board at its October 2025 meeting, the City intends to procure the six additional trolleys for the expanded service with an anticipated delivery of the trolleys in spring 2027, in time for an expanded operation in summer 2027. This will bring the City’s total number of trolley vehicles to 11.

FISCAL IMPACT:

If awarded funding for the grant application, the City will be obligated to provide minimum matching funding in the amount of 10 percent for the Balboa Island/Corona del Mar Local Area Transit program. Additionally, OCTA defined a three percent per year cost escalation factor to account for increases in program costs.

The Balboa Island/Corona del Mar local area transit program concept has an estimated first year cost (second year of grant) of $450,000 ($405,000 in grant funds and $45,000 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
September 9, 2025

6-3
in City matching funds) and a total seven-year cost of $2,915,623,000 ($2,624,060.70 in grant funds and $291,562.30 in City matching funds).

Sufficient funds for the awarded project will be included in the Capital Improvement Program budget.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 h ours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A - Resolution 2025-56
Page Intentionally Left Blank

ATTACHMENT A
6-4
56RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA , AUTHORIZ ING

AND APPROVING SUBMITTAL OF A REVISED

FUNDING APPLICATION TO THE ORANGE COUNTY

TRANSPORTAT ION AUTHORITY FOR FUNDING

UNDER THE PROJECT V COMMUNI TY-BASED
TRANSIT /CIRCULATOR$ PROGRAM
WHEREAS, the Orange County Transportation Authority's ("OCTA") Community­ Based TransiVCirculators Program (Project V under Measure M2) establishes a competitive funding program to enable local jurisdictions to develop, test, and provide community-based local transit services that complement regional transit services and meet needs in areas not adequately serviced by regional transit; WHEREAS, the OCTA intends to allocate Project V funds to the incorporated cities and the County of Orange, as applicable;
WHEREAS, the OCTA has established the procedures and criteria for selecting projects for funding through a competitive process as identified in the Comprehensive Transportation Funding Program ("CTFP") Project V Guidelines; WHEREAS , the City of Newport Beach ("City") desires to provide local community-based transit services;
WHEREAS , the City authorizes the nomination of the revised Balboa Island/Corona del Mar Local Area Transit Service application ("Project"), including all understanding and assurances contained therein;
WHEREAS, OCTA has declared that the City meets the eligibility requirements to receive Measure M2 funds, including Project V funds;
WHEREAS, the City must include all projects funded by M2 Net Revenues in its seven-year Capital Improvement Program ("CIP") in accordance with Measure M2 Ordinance eligibility requirements;
WHEREAS, the City Council of the City of Newport Beach authorizes amendment of its CIP to add projects approved for Project V funding by OCTA's Board of Directors; WHEREAS, the City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways;

ATTACHMENT A
6-5
Resolution No. 2025-

WHEREAS , the City will comply where applicable with provIsIons of the Americans with Disabilities Act ("ADA"), and any other federal, state, and/or local laws, rules and/or regulations;
WHEREAS , the City will consult with OCTA regarding the need for ADA/paratransit services and/or plans prior to starting operations of the Project; WHEREAS , the City will provide a minimum 10% in matching funds for the Balboa Island/Corona del Mar Local Area Transit Service program (traditional service), excluding non-Project V subsidies or net fares collected, as required by the CTFP Project V Guidelines and shall fund its share of the Project costs and any additional costs over the identified programmed amount;
WHEREAS , the City will not use Measure M2 funds to supplant development impact fees or other commitments; and
WHEREAS , the City will give OCTA's representatives access to and the right to examine all data, records, books, papers or documents related to the Project.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council does hereby request that the Orange County Transportation Authority allocate Project V funds in the amount specified in the City's revised application for the Project to the City from the Project V Community-Based Transit/Circulators program through the Comprehensive Transportation Funding Program. Said funds shall be matched by funds from the City as required and shall be used as supplemental funding to aid the City in the implementation of the proposed transit service.

Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

ATTACHMENT A
6-6
Resolution No. 2025-

Section 3: 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 4: The City Council finds the adoption of this resolution 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.

Section 5: This resolution shall take effect immediately upon its adoption by the City Council , and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 9th day of September. 2025.

ATTEST :

Molly Perry
Interim City Clerk
APPROVED AS TO FORM:

CITY TTORNEY'S OFFICE
Aar n C. Harp
City Attorney
Joe Stapleton
Mayor
Page Intentionally Left Blank

7-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 7
ABSTRACT:

For the City Council’s consideration is a resolution that , if adopted, would establish the City’s opposition to Proposition 50 and its enabling legislation. Proposition 50 will be on a statewide special election ballot on November 4, 2025. The ballot measure proposes amending the State of California constitution to allow the State legislature, rather than the voter-approved California Citizens Redistricting Commission, to create new congressional district maps.

RECOMMENDATIONS:
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.

DISCUSSION:

At the request of Mayor Joe Stapleton and Councilmember Erik Weigand , pursuant to City Council policy A -1, at its August 26, 2025 meeting, the City Council considered adopting a resolution opposing any attempt to bypass California’s Independent Citizens Redistricting Commission by altering the state’s Congressional districts through a ballot measure and special election. The Council voted unanimously 7 -0, via a straw poll, in favor of staff returning with an item.

Proposition 50 , which will appear on the November 2025 ballot, proposes to transfer redistricting authority from the California Citizens Redistricting Commission to the State legislature.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Tara Finnigan, Assistant City Manager - 949-644-3001, [email protected]
PREPARED BY: Lorig Yaghsezian, Management Analyst - 949-644-3028, [email protected]
TITLE: Resolution No. 2025 -57: Opposing Proposition 50 and Enabling Legislation
--
Resolution No. 2025-57: Opposing Proposition 50 and Enabling Legislation September 9, 2025

7-2
Resolution No. 2025-57 would express the City Council’s opposition to the ballot measure and its enabling legislation because Proposition 50, if approved by the voters, will alter district lines outside the established process, impose costly and disruptive elect ion requirements on local jurisdictions with limited resources, and risk diluting the community voice of Newport Beach by redrawing districts without regard to established communities of interest within the City.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Resolution No. 2025-57

ATTACHMENT A
7-3
57RESOLUTION NO. 2025-_

A RESOLUTION OF THE CITY COUNCI L OF THE CITY
OF NEWPORT BEACH OPPOSING PROPOSITION 50

AND ENABLING LEGISLATION
WHEREAS, the City Council recognizes the importance of fair, independent, and nonpartisan redistricting to ensure the residents of the City of Newport Beach (''City") are represented equitably and without partisan influence;
WHEREAS, over a decade ago, California voters established the California Citizens Redistricting Commission ("Commission") comprised of bipartisan and independent representatives to ensure that congressional and state legislative district boundaries are drawn through a fair and transparent process; WHEREAS, once each decade, the Commission utilizes updated federal census information in concert with an extensive public engagement process that includes public testimony, written comments, and input from diverse communities across the state to develop district maps;
WHEREAS, this independent process was designed to remove political influence and gerrymandering from redistricting, with the goal of ensuring that district boundaries uphold the principle of equitable representation;
WHEREAS, on August 21 , 2025, the California Legislature passed, and Governor Gavin Newsom signed, Assembly Constitutional Amendment 8 ("ACA 8") (Rivas) (2025), a constitutional amendment to permit newly drawn boundaries to remain in effect through 2031, Assembly Bill No. 604 ("AB 604") (Aguiar-Curry, Gonzalez) (2025), defining new partisan congressional district boundaries in California to take effect if voters approve ACA 8, and Senate Bill No. 280 ("SB 280") (Cervantes, Pellerin), which establishes a special statewide election to be held November 4, 2025, to implement ACA 8 and AB 604; WHEREAS, voters will have before them on the special election Proposition 50, which is designed to bypass the Commission by instituting a partisan map, and thereby suspending the fair, transparent process enacted by the voters in favor of politically motivated district gerrymandering;
WHEREAS, Proposition 50 raises concerns about stability, fairness, and upsetting the precedent of redistricting, and creates additional costs and uncertainty for local governments tasked with administering elections;
7-4
Resolution No. 2025-

WHEREAS , Proposition 50 would transfer the authority to draw congressional districts from the Commission to the State Legislature; WHEREAS , Proposition 50 would remove existing safeguards intended to maintain the integrity of local communities in the redistricting process; WHEREAS , Proposition 50 proposes dividing communities, forcing some cities and counties to be split among multiple congressional districts under the measure's new maps and diminishing their voice in Congress;
WHEREAS , Proposition 50 specifically divides Newport Beach into two separate Congressional Districts, one of which would be dominated by the population in the City of Long Beach in Los Angeles County;
WHEREAS , the City recognizes the importance of maintaining a transparent and independent redistricting process to uphold public trust in the electoral system; WHEREAS , the City believes that Proposition 50 undermines the voter-approved framework for fair redistricting in California; and
WHEREAS , the City desires to express its opposition to Proposition 50 because it will undermine the confidence of voters by altering district lines outside the established process, impose costly and disruptive election requirements on local jurisdictions with limited resources, and risk diluting the community voice of Newport Beach by redrawing districts without regard to established communities of interest within the City.

NOW, THEREFORE , the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council hereby adopts an official position of opposition to Proposition 50 and its enabling legislation.

Section 2: The City Council urges the California Governor and the California Legislature to preserve the integrity of the decennial redistricting process, avoid politically motivated alterations, and protect the stability and fairness of representation established by the fair and transparent process whereby the California Citizens Redistricting Commission determines district maps.

Section 3: 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 7-5
Resolution No. 2025-

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 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution.

Section 5: The City Council finds the adoption of this resolution 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.
7-6
Resolution No. 2025-

Section 6: This resolution shall take effect immediately upon its adoption by the City Council , and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 9th day of September , 2025.

ATTEST :

Molly Perry
Interim City Clerk
APPROVED AS TO FORM:

CITY TTORNEY'S OFFICE
Aar n C. Harp
City Attorney
Joe Stapleton
Mayor

8-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 8
ABSTRACT:

On May 14, 2013, t he City of Newport Beach entered into a professional services agreement (PSA) with Kreuzer Consulting Group (KCG) of Irvine, to provide professional engineering and environmental services for the Old Newport Boulevard and West Coast Highway Modifications project. This agreement expired and the City entered into a second PSA with KCG on October 22, 2024 , Contract No. 5244 -1, to prepare grant funding documents for the r ight-of-way and construction phases of this project. S taff requests City Council approval of Amendment No. One to Contract No. 5244 -1 to provide for additional engineering and right-of-way services.

RECOMMENDATIONS:
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.

DISCUSSION:

This project is located at the intersection of Old Newport Boulevard and West Coast Highway, an area of the highway within the jurisdiction of the California Department of Transportation (Caltrans). A location map is provided as Attachment A. Currently, there are three westbound and two eastbound lanes on West Coast Highway in the vicinity of the proposed project . The third westbound lane terminat es into a rig ht-turn lane at Old Newport Boulevard.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Andy Tran, Principal Civil Engineer - 949-644-3315, [email protected]
TITLE: Approval of Amendment No. One to Professional Services Agreement with Kreuzer Consulting Group for the Old Newport Boulevard and West Coast Highway Modificati ons Project (Contract No. 5244-1) (15R19)
--
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)
September 9, 2025

8-2
The proposed improvements include widening the north side of West Coast Highway to continue the third westbound thru-lane, adding a bike lane , a right-turn pocket, and a sidewalk. Additional improvements include implementing storm drain modifications ; constructing concrete curbs, gutters and sidewalks; constructing site improvements to two adjacent private properties impacted by the roadway widening ; constructing a retaining wall; installing landscape and irrigation improvements; relocating and adjusting utilities; and modifying signing and striping. Partial right-of-way acquisition will be required from two adjacent parcels to facilitate the improvements.

On October 17, 2024, the City entered into a new PSA (Contract No. 5244 -1) with KCG to prepare grant funding documents for an Orange County Transportation Authority (OCTA) Comprehensive Transportation Funding Program grant application. In April 2025, OCTA informed the City that it will receive up to $4,327,881 in Measure M grants for the right-of-way and construction phases.

With the success of the grant application , staff recommend s the approval of Amendment No. One with KCG to prepare site improvement plans for the two impacted parcels, design a new retaining wall along the back of the two parcels, and provide right- of-way acquisition services . Upon further evaluation of the Old Newport Boulevard realignment option , the design team decided to revert to the existing Old Newport Boulevard alignmen t option due to right -of-way constraints and existing infrastructure conflicts. Amendment No. One (Attachment B) includes additional engineering services needed to finalize the construction documents for the existing alignment option.

FISCAL IMPACT:

The adopted budget includes sufficient funding for this service. It will be expensed to the Capital Improvement Program Project Budget Gas Tax account in the Public Works Department, 12101-980000-15R19. The consultant’s proposed not-to-exceed fee for this additional service is $286,059. Gas Tax revenue is received through State-imposed taxes on fuel and motor vehicle registration dedicated to transportation purposes.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action 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 Sect ion 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Bro wn Act (72 hours in advance of the meeting at which the City Council considers the item).

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)
September 9, 2025

8-3
ATTACHMENTS:

Attachment A – Location Map
Attachment B – Amendment No. One
Page Intentionally Left Blank
COAST

HIGHWAY

RIVERSIDE

NEWPORT

WESTMINSTER
LIDO

PACIFIC COAST

IMAGING

A'S MARKET/RESTAURANT

PUBLIC WORKS DEPARTMENT
C-5244-19/09/25 LOCATION MAP15R19
I:\Users\PBW\Shared\Contracts\FY25-26 CURRENT\200_STREET_DRAIN\Old Newport Blvd WCH Mods C-5244_15R19\PLANS & EXHIBITS\EXHIBITS\20250723 Location Map\Location Map.dwg 07/24/25 - 11:30am tparra

OLD NEWPORT BOULEVARD AND WEST

COAST HIGHWAY MODIFICATIONS

LIMITS OF WORK

ATTACHMENT A

CALTRANS RIGHT OF WAY
8-4
#"-'/) If I II
A 1/ >A'\ ) L.......J
SCALE: 1" = 500'
0 500 1000 1500

CITY OF NEWPORT BEACH
Page Intentionally Left Blank
Attachment B
8-5
AMENDMENT NO. ONE TO

PROFESSIONAL SERVICES AGREEMENT
WITH RAK DEVELOPMENT, INC. DBA KREUZER CONSULTING GROUP FOR

OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY MODIFICATIONS THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 9th day of September, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RAK DEVELOPMENT, INC., a California corporation doing business as ("OBA") KREUZER CONSUL TING GROUP ("Consultant"), whose address is 18872 MacArthur Blvd, Suite 210, Irvine, CA 92612, and is made with reference to the following:

RECITALS
A. On October 17, 2024, City and Consultant entered into a Professional Services Agreement (Contract No. C-5244-1) ("Agreement") for engineering support services for the Old Newport Boulevard and West Coast Highway Intersection Improvement ("Project").

B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to extend the term of the Agreement to October 16, 2029 and to increase the total compensation.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on October 16, 2029, unless terminated earlier as set forth herein."

2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion.

3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as "Exhibit B."
8-6
Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not-to­ exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsulfant fees, shall not exceed Three Hundred Six Thousand Six Hundred Fifty Five Dollars and 00/100 ($306,655.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred Eighty Six Thousand Fifty Nine Dollars and 00/100 ($286,059.00).

4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE]
Rak Development, Inc. OBA Kreuzer Consulting Group Page2 8-7
IN WITNESS WHEREOF , the parties have caused this Amendment No. One to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY 'S OFFICE
Date: ~lrnl z ~ I I
By: ~- m~- -fo~ Aa nC. Harp le-.. ~
City Attorney i-, ,..~
ATTEST :

Date: -------
By: ____________ _
Molly Perry
Interim City Clerk

CITY OF NEWPORT BEACH ,
a California municipal corporation
Date: ---------
By: ____________ _
Joe Stapleton
Mayor
CONSULTANT: Rak Development, Inc.,
a California corporation OBA Kreuzer
Consulting Group
Date: ---------
By: ____________ _
Richard Andrew Kreuzer
Chief Executive Officer, Chief Financial
Officer
Date: ---------
By: ____________ _
Kelsey A Jaap
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Rak Development, Inc. OBA Kreuzer Consulting Group Page 3 8-8

EXHIBIT A

SCOPE OF SERVICES
Rak Development, Inc. OBA Kreuzer Consulting Group Page A-1 8-9
Task 1.0 - Project Management, Administration and Meetings Under this task, Consultant will manage the subconsultant team and coordinate project activities and tasks with the City of Newport Beach. Consultant will attend all project related meetings for the duration of the Project.

Task 2.0 - Field Reviews
Under this task, Consultant will conduct field reviews, as required, to ensure base map accuracy and to evaluate and resolve design issues in the field.

Task 3.0 - Utility Coordination
Due to the Project being on hold for over 2 years, Consultant will need to reestablish and maintain utility coordination activities which will consist of the following efforts:
• Review plans showing location and size of all utility lines and appurtenances within the Project area.
• Cross check plotted locations above with detailed topographic survey information to ensure that existing lines are shown in proper location. Field checks will be performed as necessary.
• Based on the proposed improvements, determine where potential utility conflicts exist and where utility relocation is warranted.
• Coordinate with affected utility companies regarding conflicts, relocations and improvements. This coordination effort will require providing updated plans to the utility agencies for the proposed improvements and also meeting with the various utility service planners on the Project site, as necessary, to discuss conflicts and/or relocations.

Task 4.0 -Additional Field Survey
Consultant has assumed that there will likely be a need to pick up additional field survey points to support the detailed design of the wall and on-site improvements on the back side of A's as well as some points on the Pacific Imaging site. Consultant has included provisions for 3 days of additional surveying, as needed.

Task 5.0 - Updated Base Plan
Based on the results of tasks 2.0, 3.0 and 4.0, Consultant will modify the Project base plan.

Task 6.0 - Utility Potholing
As reflected on Exhibit A on the following page, Consultant has identified the need for 4 utility potholes for the Project.
8-10
Bess Test Labs (BST) will conduct these potholes per their proposal which is included herein as Attachment 1.

Task 7.0-Wall Geotechnical Report
A geotechnical investigation and report are required to support the design of the soldier pile retaining wall along Santa Ana Avenue on the back side of the A's property.

Albus Associates will complete this work in conformance with their proposal which is included herein as Attachment 2.

Task 8.0- Pacific Imaging Site Layout and Preliminary Design City staff are currently having discussions with the Pacific Imaging property owner. Based on these discussions, the parties anticipate the need to develop some options and alternatives for this Project site to facilitate further discussion and, ultimately, the owner's approval of improvements on his property. Consultant will develop preliminary plans and/or graphics, as requested, to facilitate this process.

Task 9.0 -A's Site Layout and Preliminary Design
Consultant has done a fair amount of preliminary design work to date on this site. This task will include refinements to this design and preparation of graphics, as required, to facilitate the City's further discussions with the property owner.

Task 10.0 - Santa Ana Wall Design
Under this task Consultant will set the wall horizontal alignment and will develop a profile for the wall. Consultant's design will also include the removal of the existing structure on the slope behind the Pacific Imaging site. Cross sections will be developed to depict the wall as well as the vertical location of Santa Ana Avenue and the proposed parking lots adjacent to the wall on the A's and Pacific Imaging sites.

The structural details and supporting calculations for the retaining wall will be completed by Rende Consulting Group (RCG) in conformance with their proposal which is included herein as Attachment 3.

Task 11.0 - Modify/Finalize Legal Descriptions and Plats Based on the final design plans, Consultant will modify the current legal descriptions and right of way plats for the acquisitions required from the A's site (AP #049-110-01) and the Pacific Imaging Site (AP #049-110-29) for the Project. These documents will cover all necessary takes, including permanent takes/easements as well as temporary construction easements.
8-11
Task 12.0 - Right of Way Acquisition
Dokken Engineering will provide right of way acquisition services for the Project in conformance with their proposal which is included herein as Attachment 4.

Task 13.0 - Prepare 90% PS&E
Under this task, the Consultant will prepare a 90% complete plan set consisting of the following sheets:

Description Sheets Scale
Title Sheet 1 NTS
Typical Sections 1 NTS
Construction Details 2 NTS
Removal Plans 1 1 "=20'
Roadway Plan & Profile 2 1 "=20' H; 1 "=2' V
Off Site Plans 3 1 "=1 0'
Utility Plan 1 1 "=20'
Drainage Plan 1 1 "=20'
Storm Drain Profiles 1 1 "=20' H; 1 "=2' V
Retaining Wall Plan & Profile 1 1 "=20' H; 1 "=4' V
Retaining Wall Details 2 Varies
Planting Plan 2 1 "=1 0'
Irrigation Plan 2 1 "=1 O'
Planting & Irrigation Details 2 NTS
Signing & Striping Plans 2 1 "=20'
Construction Staging Plans 5 1 "=40'
Cross Sections 9 1 "=1 0' H; 1 "=1 'V
Consultant will provide Construction Specifications for the Project as well as prepare and submit quantity calculations and a construction cost estimate. 8-12
Consultant will utilize the services of Clark and Green Associates for the preparation of planting and irrigation plans and details. Their proposal is contained in Attachment 5 herein.

Task 14.0- Update/Finalize Water Quality Document
Under this task, Consultant will update and finalize the Draft WQMP that was prepared for the Project in 2022. This document will be finalized in conformance with City format and content requirements.

Task 15.0- Respond to City Comments and Submit 100% PS&E Under this task, Consultant will address all City comments on the 90% submittal and will submit revised PS&E along with a response matrix which addresses all 90% comments.

Task 16.0- Respond to City Comments and Submit Final PS&E Under this task, Consultant will address all City comments on the 100% submittal and will submit revised PS&E along with a response matrix which addresses all 100% comments.

Task 17.0- Caltrans Encroachment Permit
Under this task, Consultant will package the Project plans, including traffic control plans and required supporting documentation for submittal to Caltrans for an Encroachment Permit. This permit application will be processed through the CEPS portal. Consultant will address all Caltrans comments and/or requests for additional information until the permit is obtained.
8-13

EXHIBIT B

SCHEDULE OF BILLING RATES
Rak Development, Inc. OBA Kreuzer Consulting Group Page 8-1 8-14
1 PM, Administration and Meetin s • I
2 Field Review 4
3 Utilit Coordination 12
4 Additional Field Surve 1
2 2
7 Wall Geotechnical Re rt 2
8 Pacific Imaging Site Layout, Preliminary Design 8 and Final Design 9 A's Site Layout, Preliminary Design and Final 4 Design 10 Santa Ana Ave Wall Design 24
11 Modify/Finalize Legal Descriptions n Pl ts 8
12 Ri ht of Wa Ac uistion 12
13 Pre are 90% PS&E 80
14 U d ate/Finalize Water Quali Document 4
15 Respond to City Comments and Submit 90% 40 PS&E
16 Respond to City Commen ts and Submit 100%
20 PS&E
17 Caltrans Encroachment Permit 24
18 Bidding and Construction Support 24
Reimbursables
-
Total Hours 331
Total Cost $72 ,820
• I
4 20
2 12
4 4
12 8
48 16
16 1
60 10
80 40
48 16
City of Newport Beach
PCH/Old Newport Intersection Improvements

KCG TOTAL
$15.440
$1,440
$5,440
24 $6,140
$2,120
$1 ,000
$1,000
$3,440
$2,000
$12,000
$4,000
$4,880
$40,000
$2,280
$20,000
$10,000
$12,000
$7,520
$1 ,500 $1,500
w
C
z w a:
$19,600
$4,000
U)
::,
m
..J
c(
$15,400
$11,360
SUB
z w
:,0::
8 $61,575
1fi w a:

C)
,e
:,0::
a:
j u
$21,924
• _. ~ ·*_ • -_ • ~~-2(~ .• 'J!r; r~~lfl'~-~~· ;-~; ~---\~-~~ ~:.1 : Y~~.:..~V L~ ut.;_ /\ _~·::. .:. 1::. ~. ~·= ~~~ - _ -~ ~~- _. 516 24
$72 ,240 $5,640 $1,500 $152,200 $23,600 $15,400 $1 1,360 $61,575 $21,924 Exhibit B
Fee Schedule

SUBS TOTAL
$15,440
$1 ,440
$5,440
$6,140
$2,120
$1 1,360 $12,360
$15,400 $16,400
$3,440
$2,000
$19,600 $31,600
$4,000
$61,575 $66,455
$21,924 $61,924
$2,280
$20,000
$10,000
$12,000
$4,000 $11,520
$1,500
' -
$133,859 $286,059

9-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 9
ABSTRACT:

The Police Department requests City Council approval of Amendment No. Two (Amendment) to the agreement with Flock Group, Inc. (Flock) and a budget amendment to cover the costs of the Amendment. If approved, the term of the agreement will be extended to coincide with the execution date, four additional automated license plate reader (ALPR) units will be placed at three locations in Newport Beach, and data retention will be increased from 30 days to one year. Costs for the Amendment will be $144,800 over the remaining four years of the agreement for a total not -to-exceed amount of $1,618,100.

RECOMMENDATIONS:
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 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 i n increased expenditures in Account No. 01035355 -811008 from the unappropriated General Fund balance.

DISCUSSION:

The City Council approved the original agreement with Flock on July 9, 2024, for 69 ALPR units strategically placed throughout the city , 30 days of data retention , and related advanced search features. The agreement has been amended once to add four ALPR units in the area of Fashion Island for a total of 73 ALPR units. The Police Department has identified three new locations where ALPR units are needed and has determined that ALPR data retention needs to be increased to one year.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, [email protected] PREPARED BY: Jonathan Stafford, Deputy Director - 949-644-3650, [email protected]
TITLE: Amendment No. Two to Professional Services Agreement with Flock Group, Inc. for Flock ALPR System
--
Amendment No. 2 to Professional Services Agreement with Flock Group, Inc. for Flock ALPR System
September 9, 2025

9-2
New ALPR Locations
The Police Department identified three locations where ALPR units are needed to increase coverage of the Flock system . Better coverage is needed to address ongoing problems with criminal activity, disturbance behavior and reckless driving at Corona del Mar State Beach , and to decrease the distance between ALPR units in the upper Newport Coast area to provide more timely travel pattern information for vehicles suspected of involvement in crimes. The new ALPR locations are described below:

1. The entrance to Corona del Mar State Beach. This location would have dual ALPR camera/processor units scanning vehicles entering and exiting the beach parking lot. The camera/processor units will be installed on a single pole in the landscaped median and will share a solar panel/battery unit.

2. The northeast corner of Vista Ridge Road and Newport Coast Drive scanning all lanes of northbound vehicular traffic using a Long Range Falcon ALPR unit.

3. The southeast corner of Ridge Park Road and Newport Coast Drive scanning eastbound vehicular traffic using a standard Falcon ALPR unit.

Increased Data Retention
The current 30 -day retention period for ALPR data has proven insuffici ent for effective investigation of crimes. Crimes are often not reported immediately and d iligent investigative work sometimes requires extended time to determine that a pattern or series of crimes are related by modus operandi , by vehicle or suspect descr iption or other information shared among regional law enforcement agency partners. Increasing ALPR data retention will enable investigators to identify vehicles suspected of being used in crimes and to verify whether an identified suspect vehicle was used in crimes that occurred more than 30 days in the past.

Costs
Total costs for the Amendment over the remaining four years of the agreement are $144,800. The table below shows a breakdown of costs for the new ALPR units and the additional data storage:

Amendment No. 2 to Professional Services Agreement with Flock Group, Inc. for Flock ALPR System
September 9, 2025

9-3

A N N U A L C O S T S

COMPONENT QUANTITY COST
(Per Unit)
TOTAL
(Over 4 Years)
Falcon ALPR Unit 1 $3,000 $12,000
Long-Range Falcon Unit 1 $5,000 $20,000
Dual Falcon Unit 1 $4,800 $19,200
Installation (one-time fees) 1 $1,200 $1,200
Extended Data Retention 77 $300 $92,400
FY 2025-26 Costs $37,100
Annual Cost - Years 3-5 $107,700
Amendment No. 2 Total $144,800
FISCAL IMPACT:

The Budget Amendment appropriates $ 15,200 in increased expenditure appropriations from the General Fund unappropriated fund balance. Costs for the Amendment will be expensed to the Detective Division Professional Services account, 01035355 -811008.

Funding for increasing data retention to one year for the 73 existing ALPR units was approved as a budget enhancement for the current fiscal year, so the Budget Amendment will cover the costs of the four new ALPR units, including installation and extended data retention. Ongoing costs for the new ALPR units will be addressed in the annual budget preparation process.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action 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 environmen t) 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Amendment No. Two to the Professional Services Agreement with Flock Group, Inc. for Flock ALPR System
Attachment B – Budget Amendment No. 26-024
Page Intentionally Left Blank
Attachment A
Amendment No. 2 to the Professional Services Agreement
with Flock Group, Inc. for Flock ALPR System
9-4
9-5
AMENDMENT NO. TWO TO

PROFESSIONAL SERVICES AGREEMENT
WITH FLOCK GROUP INC. FOR

FLOCK ALPR SYSTEM
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 9th day of September, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and FLOCK GROUP INC., a Delaware corporation ("Consultant"), whose address is 1170 Howell Mill Road NW, Suite 210, Atlanta, GA, 30318, and is made with reference to the following:

RECITALS
A. On July 9, 2024, City and Consultant entered into a Professional Services Agreement (Contract No. C-9663-1) ("Agreement") to provide installation, maintenance, and operational services for the Flock ALPR System ("Project").

B. On December 19, 2024, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, and to increase the total compensation.

C. The parties desire to enter into this Amendment No. Two to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement, and to increase the total compensation.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on October 18, 2029, unless terminated earlier as set forth herein."

2. SERVICES TO BE PERFORMED
Exhibit E to the Agreement shall be supplemented to include the Flock Unit Locations, attached hereto as Exhibit E and incorporated herein by reference ("Services" or "Work"). Exhibit E to the Agreement, Exhibit E to Amendment No. One, and Exhibit E to this Amendment No. Two shall collectively be known as "Exhibit E." The City may elect to delete certain Services within the Scope of Services at its sole discretion.

3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Amendment Order Form, attached hereto as Exhibit B and incorporated herein by reference. Exhibit 9-6
B to the Agreement, Exhibit B to Amendment No. One, and Exhibit B to this Amendment No. Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not-to­ exceed basis in accordance with the provisions of this Section and the Flock Order Form(s) attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Six Hundred Eighteen Thousand One Hundred Dollars and 00/100 ($1,618,100.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Forty Four Thousand Eight Hundred Dollars and 00/100 ($144,800.00).

4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE]
Flock Group Inc. Page2
9-7
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: &/1~ {l/L~
By: a,fi)~ (c.-
Aaron C. Harp
City Attorney
ATTEST:

Date: ·-------
By: ____________ _
Molly Perry
Interim City Clerk

CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ---------
By: -------------
Joe Stapleton
Mayor
CONSULTANT: FLOCK GROUP INC., a
Delaware corporation
Date: ---------
By: ------------Garrett Langley
Chief Executive Officer
Date: ---------
By: -------------
Dan Haley
Secretary
[END OF SIGNATURES]
Attachments: Exhibit B - Order Form
Exhibit E - Flock Unit Locations
Flock Group Inc. Page 3
9-8
Flock Group Inc.

EXHIBIT B

ORDER FORM
Page B-1
9-9
f i'oc k sat ety
AME T
This amendment (" Anundmenf ') supersedes and amend s the previously executed agreement between the Parties, dated 10/24/202 4 , relating to the prov1s1on of serv ices b) Flock Group Inc {"Flock") to CA - Newport Beach PD (" C ustom er") and any schedul es or exhibits attached theret o or incorporated therein by reference (the '"Agree ment") The remainder o f the Agree ment shall remain in full force and effect In the event of a conflict between this Amendment and the Agreement the terms ofth 1s Amendment will prevail Any capital ized terms used m this Amendment will have the same meaning as m the Agreement , unless expre ssly defi ned otherwise. This Amendment 1s effective upon execution by both Parties (the " Efftc tivt Date" ) The Agreement is a mended as follows: Any applicable Flock Hardware /Software , Professio nal Services and/or One Time Purchases listed on the table(s) below arc added into the Agreement in its enti rety Any recurr ing fees added to the Agreement through this Amendment will be prorated as of the Effective Date ofth1s Amendment Any prorated amou nts provided are for recumng fees only and subJect to change based on Effective Date Afte r the current Tenn, Customer shall pay the fees as set forth in the applicable product tables pursuant to payment terrns md1cated on the Order Form or pnor Agreement 1-lardware and oftwarc Products
Annual recurring amounts o, er subscnpt1on tern,
Flock Safety LPR Produ cts
Solar LPR, O..a Solar Falcon
Solar Long-Range LPR, flea Solar Falcon LR
Flock Safety LPR, th Fa Icon
Flock Safety Platform Add Ons
Extended data retention (Up 10 I Year)
Professional Scn'iccs and One Time Purchases
Flock Safety Professional Services
Professional Services - Solar Bundle I mplementatton
Fee
Professional Services - Existing Infrastructure
Implementation Fee
Professional Services - Existing Infrastructure
lmplementauon Fee
Included 2 Included
Included Included
Included Included
S300 00 77 S'.!.3,100 00
$900 00 $900 00
$150 00 $ 15000
S150 00 $ 150 00
Annua l Recurrin g Subtotal : $35,900.00
9-10

EXHIBIT E

FLOCK UNIT LOCATIONS
Flock Group Inc. Page E-1
9-11

EXHIBIT E

ADDITIONAL FLOCK UNIT LOCATIONS

1. Installation of Flock ALPR units on traffic signals and streetlights shall not interfere with City-owned or permitted cameras, traffic control devices, antennae or any other equipment.

2. Installation locations can be changed by City pursuant to the terms of the Agreement.

Flock Flock Unit Name Location Installation Type City Streetlight/ Unit# Traffic Signal #
P#00S Breakers Drive @ Entrance to CdM Main Beach 3000 Breakers Drive New Flock Pole N/A F#007 Ridge Park Rd @ Newport Coast Dr EB S/E Ridge Park Rd/Newport Coast Dr Traffic Signal N/A LR#030 Newport Coast Dr @Vista Ridge Rd NB N/E Newport Coast/Vista Ridge Rd Traffic Signal SLC9051

Attachment B
Budget Amendment No. 26-024

9-12
9-13
Department : Police
Requestor: Jonathan Stafford
City of Newport Beach

BUDGET AMENDMENT
2025-26
ONE TIME: □ Yes 0 No
Approvals
□ CITY MANAGER'S APPROVAL ONLY
City Clerk:
0 COUNCIL APPROVAL REQUIRED Finance Director: 1/JIHtl/JJ.~ Budget Manager: c~
1 1 II
EXPLANATION FOR REQUEST: I V lJ
To increase expenditure appropriations from the General Fund for additions to the Flock ALPR system .

REVENUES
Fund# Org Object Project Description

EXPENDITURES
Fund# Org Object Project Description
010 01035355 811008 DETECTIVES - SERVICES PROFESSIONAL

FUND BALANCE
Fund# Object Description
010 300000 GENERAL FUND - FUND BALANCE CONTROL
BA#: 26-024
Date
Date f3}1-6/i5
Date /)f:, / !).(/1 / f}-6
D from existing budget appropriations
D from additiona l estimated revenues
0 frorn unappropriated fund balance
Increase or {Decrease) S
Subtotal I $ '-'----------'
Increase or {Decrease) $
15,200 .00
Subtotal ! $ ~-------~ 15,200 .00
Increase or (Decrease)$
(15,200 .00)
Subtota il $ (15,200.00) ~----~~--~
Fund Balance Change Required

10-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 10
ABSTRACT:

On February 25, 2025, the City Council awarded Contract No. 9716-1 for the Street Pavement Repair Program F iscal Year 2024-25 project to Hardy & Harper, Inc.

The project removed and replaced areas of deteriorated asphalt pavement in the Spyglass Hill, Newport Hills, Harbor View and Seawind communities. The work is now complete and staff requests City Council acceptance and close out of the contract.

RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract
Amount
Final Total Contract
Amount
Total Contract
Change Amount
Percent Contract
Cost Change
$1,425,000 $1,523,758.84 $98,758.84 6.9%
Allowed Contract Time + Approved
Extensions (Days) = 65 Actual Time Used (Days) 64

This project included reconstructing isolated portions of deteriorated asphalt concrete pavement, adjusting manhole frames to grade, replacing utility boxes and lids, replacing and resetting survey monument boxes , and installing new traffic striping. These improvements were completed in preparation of the annual slurry seal contract located in the same communities.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Andy Tran, Principal Civil Engineer - 949-644-3315, [email protected]
TITLE: Street Pavement Repair Program F iscal Year 2024-25 – Notice of Completion for Contract No. 9716-1 (25R06)
--
II l
I
l I
Street Pavement Repair Program Fiscal Year 2024-25 –
Notice of Completion for Contract No. 9716-1 (25R06)
September 9, 2025

10-2
The contracted work has been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows:

Original Bid Amount:
$ 1,425,000.00
Actual Cost of Bid Items Constructed: $ 1,386,558.05
Total Change Orders: $ 137,200.79
Final Contract Cost: $ 1,523,758.84

The final total contract amount was $1,523,758.84, which was approximately 6.9% higher than the original bid amount. This cost increase was primarily due to encountering poor subgrade conditions while reconstructing Point Loma Dr ive and Half Moon Bay Dr ive.

Both roadways required additional subgrade removal and treatment, and placement of additional base course asphalt concrete prior to laying the new asphalt concrete finish course.

A summary of the project schedule milestones is as follows:

The project start date was delayed to allow sufficient time to complete the Concrete Replacement Program, which was in progress in the same communities. The contractor was able to complete all the proposed improvements within the time allotted.

FISCAL IMPACT:

The Street Pavement Repair Program FY 2024 -25 was included within the FY 2024-25 Capital Improvement Program. Funds for the construction contract were expended from the following accounts:

Account Description Account Number Amount
General Fund FY 2021-22 01201927-980000-22R03 $ 18,500.00 General Fund FY 2023-24 01201927-980000-24R03 $ 61,200.49 General Fund FY 2024-25 01201927-980000-25R03 $ 1,407,858.35 Water Capital FY 2022-23 70201-980000-23R09 $ 412.07
Water Capital FY 2023-24 70201-980000-24R09 $ 22,267.93 Wastewater Enterprise FY 2023-24 71101-980000-24R09 $ 13,520.00 Total: $ 1,523,758.84

The Water Capital and Wastewater Enterprise funds generate revenue primarily through water and wastewater rates collected by service users

Estimated Start of Construction per Annual Baseline Schedule February 24, 2025 Actual Start of Construction Per Notice to Proceed March 17, 2025 Estimated Completion per Annual Baseline Schedule July 11, 2025 Substantial Completion Date Inclusive of Extra Work June 9, 2025 Street Pavement Repair Program Fiscal Year 2024-25 –
Notice of Completion for Contract No. 9716-1 (25R06)
September 9, 2025

10-3
ENVIRONMENTAL REVIEW:

On February 25, 2025 , the City Council found 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, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Map

I:\Users\PBW\Shared\Contracts\FY24-25 CURRENT\200_STREET_DRAINAGE\Street Pvmnt Rpr Prgm C-9716-1_25R03\COUNCIL MEMOS\Location Map_NEW.dwg 01/30/25 - 3:51pm DJordan

PUBLIC WORKS DEPARTMENT
C-9716-1 02/25/2025LOCATION MAP 25R03

ATTACHMENT A

PROJECT

LOCATIONS

STREET PAVEMENT REPAIR
PROGRAM FY 2024-25

PACIFIC

MACARTHUR

JOAQUIN

SEAWIND

NEWPORT
HILLS
HARBOR
VIEW
SAN
MIGUEL
DR
BONITA
CANYON
BLVD

SPYGLASS

SPYGLASS
HILL
SAN
HILLS
RD
73 FREEWAY
DR
73 FREEWAY
HILL
RD
VIEW
DR
09/09/2025
10-4
•

OF NEWPORT BEACH CITY

11-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 11
ABSTRACT:

The City of Newport Beach received construction bids for the Balboa Peninsula Water Main Replacement, East Irvine Terrace Water Main Replacement & Shorecliff Community Water System Improvements – Phase 2 project and requests City Council approval to award the construction contract to T.E. Roberts, Inc. of Irvine. This project wil l replace deteriorated water mains located in the central Balboa Peninsula, East Irvine Terrace and Shorecliff communities.

RECOMMENDATIONS:
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.

DISCUSSION:

The existing Balboa Peninsula water mains (14 and 16 inches in size ) included in the project are older deteriorated cast-iron water mains, installed in 1926, that have outlived their design life and are now due to be replaced.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Michael J. Sinacori, Assistant City Engineer - 949-644-3342, [email protected]
TITLE: 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) --
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)
September 9, 2025

11-2
These water mains are large diameter pipes located in alleys north of Balboa Boulevard between 6 th Street and Cypress Street. A large diameter water transmission main was installed in Balboa Boulevard about a decade ago, allowing for the downsizing of the older water mains in the alleys. These older mains in the alleys will be replaced with standard 8-inch piping, to maintain distribution and reduce risk to homes during potential water main breaks. The East Irvine Terrace Community water mains are asbestos cement water mains installed in 1956 and are located between El Paseo Drive and Avocado Avenue , and Bayside Drive and East Coast Highway. The Shorecliff community water main package picks up the remaining asbestos cement water mains that were not replaced in last year’s phase 1 project. These water mains are located on Seaward Road, Driftwood Road, Morning Canyon Road and Evening Canyon Road between Seaward Road and Morning Canyon Road.

At 10 a.m. on August 12, 2025 , the City Clerk opened and read the following bids for this project:

BIDDER TOTAL BID AMOUNT
Low T.E. Roberts, Inc. $ 6,741,473.00
2nd Dominguez General Engineering, Inc. $ 9,824,750.00 3rd Big Ben, Inc. $ 10,012,407.00
4th Nationwide Contracting Services, Inc. $ 12,025,650.00 5th Toro Enterprises, Inc. $ 13,709,180.00
6th MMC, Inc. $ 13,804,000.00

The low bidder, T.E. Roberts, Inc. , possesses a California State Contractor ’s License Classification “A”, as required by the project specifications. A review of references for T.E. Roberts, Inc. shows satisfactory completion of similar contracts for the City and other municipalities. T.E. Roberts successfully completed the Balb oa Island Water Main Replacement (Phase 1, Phase 2 and Phase 3) projects, including the West Irvine Terrace Water Main Replacement and Shorecliff Community Water System Improvements – Phase 1 projects.

The low bid was 29% below the engineer’s estimate of $9,500,000. The difference between the low bid and engineer’s estimate appears to be due to favorable bids for water main and water service construction, trench dewatering, and street pavement restoration.

The proposed project s include construction of new, 8 -inch PVC water mains, water services, fire hydrants, and the removal and abandonment of existing 14 -inch and 16 - inch water mains for the Balboa Peninsula community at the Balboa Fire Station and Library development.

Work necessary to complete this contract also includes installation of new water valves, installation of fittings and connections to existing water mains, pavement restoration, restriping, traffic control, and other appurtenant work as required by the contract.

This water main construction will require alley and street closures and traffic detours. The contractor will be required to keep cross traffic flowing at all times.

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)
September 9, 2025

11-3
A detailed schedule will be prepared by the contractor following project award, which can be adjusted to address the concerns of area businesses and residents. Project phasing has been developed to minimize impacts to the community. For example, no work will be allowed on the Balboa Peninsula during the summer season to minimize traffic disruptions. Work on the Peninsula will begin in October and have a target completion of May 15, 2026.

Pursuant to the contract specifications, the contractor will have 400 consecutive working days to complete the work, following the Notice to Proceed. Work is scheduled to start in October 2025 on the Balboa Peninsula, followed by work in the Shorecliff community and then East Irvine Terrace.

The project plans and specifications will be available for review at the September 9, 2025 City Council meeting or upon request.

FISCAL IMPACT:

The adopted Capital Improvement Program budget includes sufficient funding for the award of this contract. The following funds will be expended:

Account Description Account Number Amount
Water Capital Distribution & Piping 70201931-980000-26W12 $ 8,238,323.00

Proposed fund uses are as follows:

Vendor Purpose Amount
T.E. Roberts, Inc. Construction Contract $ 6,741,473.00 T.E. Roberts, Inc. Construction Contingency $ 1,350,000.00 Geocon, Inc. Materials Testing $ 144,850.00
Various Printing & Incidentals $ 2,000.00
Total: $ 8,238,323.00

Water Capital Distribution & Piping Funds generate revenue primarily through water rates collected from service users.

Staff recommends establishing $ 1,350,000 (approximately 20% of total bid) for contingency purposes and unforeseen conditions associated with construction.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council 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, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment.

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)
September 9, 2025

11-4
NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Maps

PUBLIC WORKS DEPARTMENT
C-9835-109/06/25 LOCATION MAP

BALBOA PENINSULA WATER MAIN REPLACEMENT
26W12
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CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT

LOCATION MAP

EAST IRVINE TERRACE WATER MAIN REPLACEMENT
C-9835-109/06/25 26W12
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ATTACHMENT A
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CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-9835-1 09/06/25LOCATION MAP

SHORECLIFF COMMUNITY
WATER SYSTEM IMPROVEMENTS PHASE 2
11-7
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--PROPOSED WATER MAIN REPLACEMENT

ATTACHMENT A
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CITY OF NEWPORT BEACH
Page Intentionally Left Blank

12-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 12
ABSTRACT:

On October 24, 2023, the City Council awarded Contract No. 7173-3 for the Balboa Island Water Main Replacement – Phase 3 & Shorecliff Community Water System Improvements project to T.E. Roberts . The project replaced older, deteriorated wa ter mains located on Balboa Island, on Little Balboa Island and in the Shorecliff community including building two new water pressure regulating stations . On May 14, 2024, City Council approved a budget amendment to increase the contract contingency to 65% of the contract award amount to include additional Shorecliff community improvements.

The base contract and additional work are now complete and staff requests City Council acceptance and close out of the contract.

RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract
Amount
Final Total Contract
Amount
Total Contract
Change Amount
Percent Contract
Cost Change
$3,470,899 $5,676,518.65 $2,205,619.65 +63.5%
Allowed Contract Time + Approved
Extensions (Days) = 593 Actual Time Used (Days) 593

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Michael J. Sinacori, Assistant City Engineer - 949-644-3342, [email protected]
TITLE: Balboa Island Water Main Replacement – Phase 3 & Shorecliff Community Water System Improvements - Notice of Completion for Contract No. 7173-3
--
II I
I
I I
l I l
-
Balboa Island Water Main Replacement – Phase 3 & Shorecliff Community Water System Improvements - Notice of Completion for Contract No. 7173- 3September 9, 2025

12-2
This project included the replacement of existing cast-iron water mains, the construction of new 6 -inch and 8 -inch PVC distribution mains, new water valves, fire hydrants and water services on Balboa Island and Little Balboa Island . For the Shorecliff community, the project consisted of the replacement of a short section of existing water main on Evening Canyon Road and Shorecliff Road , including the construction of new pressure regulating stations in the Shorecliff and Cameo Shores communities.

During construction, a request was made by the Shorecliff community to expand the scope of work due to several recent water main breaks. Staff agreed and additional water main replacement for all of Shorecliff Road and the remaining sections of pipe along Evening Canyon Road between Shorecliff Road and Seaward Road were added to the project after City Council provided the additional funding on May 14, 2024. The segment of pipe on Seaward Road between the new water pressure regulating station and Evening Canyon Road was also added. Additionally, more water main replacement work on Balboa Island was added to include replacement of undersized and deteriorated piping found in four alleyways that was interfering with planned utility underground construction for Assessment District No. 124.

The contracted work has been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows:

Original Bid Amount: $ 3,470,899.00
Actual Cost of Bid Items Constructed: $ 3,400,771.49
Total Change Orders: $ 2,275,747.16
Final Contract Cost: $ 5,676,518.65

The final total contract amount was $ 5,676,518.65, which was approximately 63.5% higher than the original bid amount. This cost increase was primarily due to the above- mentioned additional work in the Shorecliff community. Other additional work included water valve replacement on Little Balboa Island for deteriorated valves and lining of the existing 12 -inch transmission main in the harbor between the Fun Zone on the Balboa Peninsula and Balboa Island.

A summary of the project schedule milestones is as follows:

During construction of the planned water main replacements for the project, it was necessary to alter and revise the schedule to accommodate the added water main improvements for the Shorecliff community, Balboa Island and Balboa Peninsula.

Consequently, 418 additional working days were granted to complete the work which was substantially completed to the satisfaction of the Public Works Department by June 19, 2025.

Estimated Start of Construction per Annual Baseline Schedule December 4, 2023 Actual Start of Construction Per Notice to Proceed November 14, 2023 Estimated Completion per Annual Baseline Schedule August 7, 2024 Substantial Completion Date Inclusive of Extra Work June 19, 2025 Balboa Island Water Main Replacement – Phase 3 & Shorecliff Community Water System Improvements - Notice of Completion for Contract No. 7173- 3September 9, 2025

12-3

FISCAL IMPACT:

The Balboa Island Water Main Replacement – Phase 3 & Shorecliff Comm unity Water System Improvements was included within the FY 2023-24 Capital Improvement Program Budget. Funds for the construction contract were expended from the following account(s):

Account Description Account Number Amount
Water Capital Distribution & Piping 70201931-980000-23W11 $ 3,074,155.98 Water Capital Non-Master Plan 70201932-980000-24W14 $ 2,602,362.67 Total: $ 5,676,518.65
ENVIRONMENTAL REVIEW:

On October 24, 2023 , the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(c) (replacement of existing public facilitates involving negligible or no expansion of capacity) 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..

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Maps

PUBLIC WORKS DEPARTMENT
C-7173-309/09/25 LOCATION MAP
BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 3 &

SHORECLIFF COMMUNITY WATER SYSTEM IMPROVEMENTS
23W11 & 24W14

AGATE AVENUE

OPAL AVENUE

TOPAZ AVENUE

WATER MAIN REPLACEMENT

BALBOA ISLAND CHANNEL

TURQUOISE AVENUE

COLLINS AVENUE

RUBY AVENUE

DIAMOND AVENUE

SAPPHIRE AVENUE

CORAL AVENUE

APOLENA AVENUE

AMETHYST AVENUE

ONYX AVENUE

MARINE AVENUE

GRAND CANAL

ABALONE AVENUE

CRYSTAL AVENUE

JADE AVENUE

BALBOA AVENUEBALBOA AVENUEBALBOA AVENUE

PARK AVENUEPARK AVENUEPARK AVENUE

NORTH BAY FRONT

SOUTH BAY FRONT
ALLEY 413-A
ALLEY 413-B
ALLEY 412-A
ALLEY 407-B
ALLEY 406-C ALLEY 406-B ALLEY 406-A
ALLEY 422-B ALLEY 422-A
ALLEY 425-AALLEY 425-B
ALLEY 408-B
ALLEY 407-C ALLEY 407-A

DELETED WATER MAIN

REPLACEMENT WORK

ADDED WATER MAIN

REPLACEMENT WORK

ADDED WATER MAIN

REPLACEMENT WORK

ADDED WATER MAIN

REPLACEMENT WORK
ALLEY 401-B

ATTACHMENT A
12-4
I

BALBOA ISLAND

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-7173-309/09/25 LOCATION MAP
BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 3 &

SHORECLIFF COMMUNITY WATER SYSTEM IMPROVEMENTS
23W11 & 24W14

PROPOSED WATER PRESSURE REGULATING VAULT

EAST COAST HIGHWAY

SEAWARD RD

CAMEO SHORES ROAD

HAMPDEN ROAD

EVENING CANYON ROAD

DRIFTWOOD RD

MILFORD DRIVE
MORN
ING

CANYON RD

ROXBURY
ROAD

SHORECLIFF RD

ATTACHMENT A

WATER MAIN REPLACEMENT

ADDED WATER MAIN

REPLACEMENT WORK
13-5

SHORECLIFF
0 NEWPORT BEACH CITY OF
Page Intentionally Left Blank

13-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 13
ABSTRACT:

Sherman Library and Gardens (Sherman Gardens) in Corona del Mar approached the City of Newport Beach with a landscape beautification plan that included the City right s- of-way surrounding the property at 2647 East Coast Highway. The plan includes removal and replacement of City street trees on East Coast Highway, of which the specific replacement tree species required are identified in City Council Policy G-6 - Maintenance and Planting of Parkway Trees (Policy G-6). Staff recommends the City Council approve a waiver to Policy G-6 for alternate palm and tree species as part of the Sherman Gardens renovation plan.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 1506 0(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 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).

DISCUSSION:

Sherman Gardens has begun planning renovations to its property. Part of the renovations involve altering and beautifying the surrounding property, including the City rights-of-way on East Coast Highway and Fernleaf Avenue. On the East Coast Highway frontage, plans call for the removal of 13 City street trees , comp rised of seven king palms (Archontophoenix cunninghamiana ) and six orchid trees (Bauhinia variegata ). The planned replacement tree species are 11 strawberry trees ( Arbutus unedo ) and two Mexican blue palms (Brahea armata), positioned on either side of the bell tower. On the Fernleaf Avenue frontage there are currently no City st reet trees, and the plan proposes three new catalina ironwood trees (Lyonothamnus floribundus).

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Kevin Pekar, Parks & Trees Superintendent - 949-644-3069, [email protected]
TITLE: Request to Waive City Council Policy G -6 for Alternate Palm and Tree Species at the Sherman Library and Gardens (2647 East Coast Highway)
--
Waiver Request of Council Policy G-6 for alternate palm and tree species at 2647 East Coast Highway (Sherman Gardens)
September 9, 2025

13-2
City staff reviewed the plans and found that a stipulation in Policy G-6 designated the tree species on the East Coast Highway frontage as king palm and purple orchid. There are no designated tree species on Fernleaf Avenue. Staff is comfortable with the proposed alternate species on East Coast Highway as they are reliable tree species in other areas of the city. However, staff called out tha t the new trees on East Coast Highway need to be of sufficient size , namely single trunk Mexican blue palms of at least 10-foot brown trunk height (BTH) and strawberry trees at a minimum of 36-inch box size, to provide for necessary pedestrian clearances. Sherman Gardens agreed with staff’s specifications, but asked if the Mexican blue palms were unavailable, they could use similarly sized Cuban royal ( Roystonea regia), Kentia ( Howea forsteriana ), or king palms. These alternatives too were acceptable to st aff. Thus, staff recommends City Council approval of a waiver to Policy G-6 for requested alternate palm and tree species as part of the Sherman Gardens renovation plan.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action 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 envi ronment) 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

14-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 14
ABSTRACT:

The Utilities Department utilizes specialty on -call contractors for streetlight electrical repairs. As needed, contractors assist staff in providing after hours and emergency response, including for the restoration and replacement of knocked down streetlight poles and equipment. Following a competitive bidding process, staff recommends City Council approval of a five -year agreement with both Yunex LLC and Bear Electrical Solutions, LLC, for on-call streetlight electrical repair services.

RECOMMENDATIONS:
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.

DISCUSSION:

The Utilities Department maintains the City of Newport Beach’s 6,000 streetlights and 700 other City-owned lighting fixtures. These fixtures include bollards, park lights, parking lot lights, tree lights/uplighting and beach floodlights. The department manages these assets through a combination of resources, including Utilities Department staff, a contract service provider for maintenance and r epairs, and another contractor for emergency services such as nighttime knockdowns. Additionally, the Public Works Department’s annual Capital Improvement Program regularly includes streetlight replacements and upgrades to the system.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Vukojevic, Utilities Director - 949-644-3011, [email protected]
PREPARED BY: Joshua Rosenbaum, Senior Management Analyst - 949-644-3057, [email protected]
TITLE: Approval of On-Call Service Agreements for Streetlight Electrical Repair Services with Yunex LLC and Bear Electrical Solutions LLC --
Approval of On-Call Service Agreements for Streetlight Electrical Repair Services with Yunex LLC and Bear Electrical Solutions LLC
September 9, 2025

14-2
This particular contract is for on -call, after-hours response where staff-directed contractors mobilize crews and heavy equipment for co mplex or emergency situations .

This is similar to the contract utilized by the Public Works Department for after -hours traffic signal emergencies. The services include handling high-voltage electrical systems such as service cabinets, circuits and streetli ght poles. A typical scenario involves emergency response to a streetlight pole knockdown that occurs after hours. Staff directs the contractor to mobilize a crew and heavy equipment to remove the damaged street light debris, de-energize the circuits, and secure the area. In the following days, City staff and the contractor schedule the replacement and permanent installation of the foundation, circuitry and new streetlight pole. In FY2024 -25, there were 20 streetlight poles that were replaced due to vehicular accidents. If there is a responsibl e party, staff also send s an invoice to the driver or the driver’s insurance company in an effort to recover the City’s costs.

The Utilities Department entered into an agreement for this type of on-call streetl ight electrical repair services with Siemens Industry in 2017. The agreement was extended and assigned to Yunex, LLC in recent years. With the existing agreement’s contract term near expiration, the Utilities and Finance Departments jointly issued a Reques t for Proposals (RFP).

On June 12, 2025, the City posted RFP 25-51 for On-Call Streetlight Electrical Repair Services on the City’s PlanetBids portal with proposals due July 10, 2025. The proposers were required to demonstrate previous experience of simila r scope , possess proper qualifications, training and certifications, including a C-10 Electrical contractor license to work with high voltage streetlights; and submit hourly rates for labor and equipment.

Evaluation criteria weighed technical qualification s and experience at 75% and cost proposals at 25%. A three-member review panel evaluated the submissions. Of the three proposals received, two achieved technical scores of 70% or higher and advanced to the cost analysis stage, consistent with City procurement procedures.

The proposals ranked as follows:

PROPOSER

TECHNICAL
SCORE
(MAX 2,250)

COST RATIO SCORE
MAX 750
(Sample Project Cost)
TOTAL

SCORE -
(MAX 3,000)

OVERALL
RANK
YUNEX LLC 2,225 750 2,975 1
BEAR
ELECTRICAL 2,175 742 2,917 2
Both Yunex and Bear Electrical Solutions received high technical scores and submitted competitive cost proposals. Yunex is the City’s current provider for on -call streetlight electrical repair services, responding to emergencies and as-needed work. Bear Electrical Solutions is the current contractor for the Citywide Streetlight Maintenance program, Approval of On-Call Service Agreements for Streetlight Electrical Repair Services with Yunex LLC and Bear Electrical Solutions LLC
September 9, 2025

14-3
performing as-directed maintenance and repairs. Utilities staff is highly satisfied with the performance of both firms and believe s engaging two qualified, reliable contractors will enhance the City’s ability to respond effectively to both routine and emergency streetlight needs.

Accordingly, staff recommends City Council approv al of service agreements with both firms. Yunex, which received the highest proposal score, is recommended for a five-year agreement with a not -to-exceed amount of $1.5 million. Bear Electrical Solutions is recommended for a five-year agreement with a not-to-exceed amount of $1.0 million.

FISCAL IMPACT:

The adopted budget includes sufficient funding for on-call streetlight electrical repair services. Expenses will be charged to the General Fund Streetlight program accounts in the Utilities Department, 0109063-811017 Services Contract or 0109063 -851037 Maintenance & Repair NOC.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity wil l 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Agreement with Yunex LLC
Attachment B – Agreement with Bear Electrical Solutions LLC

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ATTACHMENT A

ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT

WITH YUNEX LLC FOR

ON-CALL STREETLIGHT ELECTRICAL REPAIR SERVICES

THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 9th day of September, 2025 ("Effective Date"}, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and YUNEX LLC, a Delaware corporation ("Contractor"}, whose address with the California Secretary of State is: 9225 Bee Cave Road, Austin, Texas 78733, with a mailing address of: 9225 Bee Cave Road, Bldg B, Suite 201, Austin, Texas 78733, and is made with reference to the following:

RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

B. City desires to engage Contractor to perform on-call maintenance and/or repair services for City ("Project").

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement.

D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on August 31, 2030, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED

2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following:

2.1.1 A detailed description of the Services to be provided; 14-5

2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available;

2.1.3 The estimated number of hours and cost to complete the Services; and

2.1.4 The time needed to finish the specific project.

2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal.

3. TIME OF PERFORMANCE

3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.

3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed.

3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control.

3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand­ delivery or mail.

4. COMPENSATION TO CONTRACTOR

4.1 City shall pay Contractor for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Million Five Hundred Thousand Dollars and 00/100 ($1,500,000.00), without prior written amendment to the Agreement.

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4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") may be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles­ Riverside-Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. Contractor shall notify City in writing of any requests for adjustment pursuant to this Section at least thirty (30) days prior to the Effective Date of such adjustment, and provide updated billing rates. Adjusted billing rates shall be approved in writing by City prior to use.

4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff.

4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City.

4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal.

5. PROJECT MANAGER

5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Robert Paquette to be its Yunex LLC Page 3
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Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.

5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City.

Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.

6. ADMINISTRATION
i:

This Agreement will be administered by the Utilities Department. City's Utilities Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. •

7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing rel~vant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule.

8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE

8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator.

8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards.

8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement.

8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to Yunex LLC Page4
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approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies.

9. RESPONSIBILITY FOR DAMAGES OR INJURY

9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them.

9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor.

9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate {directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them).

9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.

9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property.

Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents.

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9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid.

9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement.

10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services.

11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project.

12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies.

13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired.

14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.

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15. BONDING

15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent ( 100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference.

15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property­ Casualty.

15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars. and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California.

16. PREVAILING WAGES

16.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor.

In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number ( 415) 703-4 77 4, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor' under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof.

16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently Yunex LLC 'Page 7
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registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work.

17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint-venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint-venture.

18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to' City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.

19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request.

20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information.

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21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable.

Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.

23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.

24. CONFLICTS OF INTEREST

24.1 Contractor or its employees may be subject to the provIsIons of the California Political Reform Act of 1974 (the "Act") and/or Government Code§§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section.

25. NOTICES

25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third Yunex LLC Page 9
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business day after the deposit thereof in the United States mail, postage prepaid, first­ class mail, addressed as hereinafter provided.

25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:

Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658

25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:

Attn: Michael Hutchens
Yunex LLC
9225 Bee Cave Road, Bldg B, Suite 201
Austin, Texas 78733

26. CLAIMS

26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment.

Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

27. TERMINATION
27 .1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period Yunex LLC Page 10
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of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.

27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.

28. LABOR

28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.).
'

28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information.

28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States.

28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement.

29. STANDARD PROVISIONS

29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference.

29.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.

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29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.

No verbal agreement or implied covenant shall be held to vary the provisions herein.

29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.

29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.

29. 7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.

29.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not_ discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.

29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.

29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF , the parties have caused this Agreement to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY 'S OFFICE
Date: "5/Zol z5 r '
By: ~ Jr/~ ,f;,, AarnC . Harp'
City Attorney
ATTEST :

Date: -------
By: ----- - ------Mo II y Perry
Interim City Clerk

CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ---------
By: ------------Joe Stapleton
Mayor
CONTRACTOR: YUNEX LLC, a
Delaware corporation
Date: ----- ----
By: _______ ____ _
Marshall Cheek
President & Managing Director
Date: -------- -
By: _____ _ _ ____ _
Dirk Rauber
Vice President & Managing Director
Finance
[END OF SIGNATURES]
Attachments:

Yunex LLC
Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond

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Yunex LLC

EXHIBIT A

SCOPE OF SERVICES
Page A-1
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SCOPE OF SERVICES

OBJECTIVE
Contractor shall provide the following services to the City, under the direction of the Utilities Department, which shall identify specific tasks, deliverables, and deadlines on an as-needed basis.

MINIMUM QUALIFICATIONS
• At least five (5) years of experience delivering professional streetlight maintenance and emergency and on-call supplemental repair services as directed by the City. • Contractor shall always maintain a C-10 Electrical contractor's license for the duration of the agreement.
• Contractor's assigned staff shall have the necessary training to work with high voltage series streetlights.

DESCRIPTION
Contractor shall furnish all labor, tools, expendable equipment, materials, and transportation services necessary to perform the services described herein including, but not limited to, the following:
• Removal of knocked down streetlight poles, including pole replacement and streetlight foundations;
• Repairs to electrical boxes, lens hanging from poles, line tracing, exposed wires; • Conduit repair, new conduit installation, pulling wire and setting of pull boxes; • Electrical troubleshooting and repairs to City maintained lights including streetlights, bollards, parking lot poles, park facility lighting and beach flood lights; • Repair or replacement of materials due to collision, mischief, and/or acts of nature; • Contractor must be able to completely and to safely secure any electrical hazard including high voltage series streetlights (less than 6,000 volts).

GENERAL REQUIREMENTS
Contractor shall perform the following services in compliance with the City of Newport Beach standards and specifications as directed by City.
• Contractor shall eliminate any electrical hazard, including but not limited to, high voltage series streetlights less than 6,000 Volts;
• Contractor shall set a concrete pull box with lid on any exposed wires that cannot be contained in their original structures;
• Contractor shall clear any heavy, downed or leaning light pole or poles. Light poles shall be cleared from obstructing traffic, roadways, & pedestrian passage on sidewalks.

Barricades and caution tape shall be placed over any debris left at the scene. Relevant safe and adequate pedestrian and vehicular access shall be provided in accordance with Section 7-1 0 of the Standard Specifications for Public Works Construction (Green Book) 14-19

SCOPE OF SERVICES
and the Work Area Traffic Control Handbook (WATCH) in their most current editions; • Contractor will arrange for any complicated traffic control plans required and performed.

Plans will be submitted prior to installation and reviewed by City representative; • Contractor shall notify the City representative when crews are on-site and finished for the day;
• Contractor shall notify the City representative as soon as possible or at the beginning of the next work shift reporting what has been done;
• Contractor shall provide a 24-hour phone number, which shall be made available to City emergency personnel. Contractor shall notify the City immediately if any additional problems or abnormalities that may exist during a response; • If additional problems or abnormalities exist during the response contact the City representative immediately;
• Upon completion of the agreement a detailed inventory of all lights in the city including location, pole type, wattage, etc. will be provided to the contractor.

EMERGENCY REPAIR SERVICES
Contractor shall be available for same day response, including after-hours, weekends, and holidays.
• After-hours refers to Monday through Thursday 4:30pm to 7:00am • Weekends begin at 3:30pm Friday to 7:00am Monday.
• Contractor shall respond on site to all streetlight emergencies within one (1) hour or less from the initial call from the City. Work shall be completed as soon as possible. • Holidays shall be based on the list of Federal Holidays, and are listed below:
• New Year's Day
• Martin Luther King, Jr's Birthday
• President's Day
• Memorial Day
• Independence Day
• Memorial Day
• Labor Day
• Veterans Day
• Thanksgiving Day
• Christmas Day
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SCOPE OF SERVICES

QUALITY OF WORK AND MATERIALS
Unless otherwise specified by the Project Administrator or his/her designee, all usable material removed and/or replaced in the course of repairs shall be the property of the City. All debris from pole knockdowns/removals shall be disposed of by the contractor unless specified by the City's representative at the time of the incident.

WORKMANSHIP AND SUPERVISION
Contractor shall designate a Project Manager to serve as the main contact for the Contractor throughout the project. The Project Manager shall have the authority to handle and resolve any contract disputes with the City and be experienced in supervising streetlight maintenance.

All work shall meet with the approval of the City's designated Project Administrator. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor's Project Manager and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications.

LICENSES & TRAINING
Contractor shall always maintain a C-10 Electrical contractor's license for the duration of the agreement. Contractor's assigned staff shall have the necessary training to work with high voltage series streetlights.

RECORDS
Contractor shall keep records and invoices in connection with the Services to be performed under the Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under the Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under the Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under the Agreement CITY Geographic Information System (GIS) SYSTEM
Upon execution of the agreement, Contractor shall complete and submit all forms and applications, if any, mandated by the City, at its sole discretion, to gain authorized access to and utilize the City's GIS. This requirement is a prerequisite for any and all work performed by the Contractor that necessitates the use of the GIS System.

INVOICES
Invoices from Contractor shall contain information on work completed.

Work completed will be identified by City issued work order number, work completed, time to complete, and, if applicable, materials installed at cost plus markup. 14-21

SCOPE OF SERVICES

CORRESPONDENCE
All correspondence shall be addressed to Utilities Manager, Utilities Department, City of Newport Beach, 949 West 16th Street, Newport Beach, California 92663.

SAFETY REQUIREMENTS
All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable comply with all safety standards required by CAL-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under the contract. All contractor employees shall be trained in and have access to a W.A.T.C.H. (Work Area Traffic Control Handbook) at all times.

Contractor's field personnel shall wear easily recognizable uniforms containing Contractor's name.

Contractor shall be responsible for supplying all appropriate personal protective equipment including but not limited to safety vests, safety shoes and reflective vests.

Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City.

Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation.

Contractor's employees shall be trained in health and safety per CALOSHA requirements. 14-22

SCOPE OF SERVICES

TYPES OF POLES AND FIXTURES
Contractor must have all standard industrial certifications required and demonstrate experience maintaining and repairing various pole and fixtures types including:

Poles Fixtures
1212T High Pressure Sodium (35-400 watt,
1214T 120/240 volts)
1316T
42D LED cobra head (including 42D DBL
42D OBS but not limited to GE, Philips,
45D Leotech, Synergy) 65D
65D DBL
68D LED retrofit (including but 7003 J
7003 J DBL not limited to GE, Philips,
7004 J Truly Green)
7004 J DBL

AMERON AEGEAN

AMERON JSL

AMERON JSL DBL

AMERON VICTORIAN

IMPERIAL

MANVILLE
PUMCO 500
Bollards
Various Cast Aluminum
Various Cast Steel
City will provide a detailed inventory of all lights in the city including location, pole type, wattage, etc., upon commencement of the agreement between City and Contractor. 14-23

EXHIBIT B

SCHEDULE OF BILLING RATES
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Standard Labor
Regular Work Hours
After-Hours
Weekends
(*1 st 10 Hours on Saturday Only)
EXHIBITB­

SCHEDULE OF BILLING RATES
Hourly Rate
$153.00
$190.00
$228.00
Holidays (* Saturdays - after 10 hours
Holidays/Sundays: All Day) $228.00
Pole Knockdown Disposal Fee $95.00 {Disposal ONLY)
Mobilization Fee/ Trip Charge No Charge
Equipment/Truck Hourly Rate
Crew Truck $32.00
Boom Truck $36.00
Bucket Truck $36.00
Crane $65.00
Materials Markup 15%
Minimum Call Out Time

2.00Hours

2.00 Hours

2.00 Hours

2.00 Hours
The billing rates contained herein include all essentials necessary for the performance of the duties specified in the Scope of Work, including, but not limited to insurances, related equipment, traffic control and safety, etc.
* As defined by the DIR as pertains to Prevailing Wage
14-25

EXHIBIT C

INSURANCE REQUIREMENTS - MAINTENANCE/REPAIR/JANITORIAL SERVICES

1. 2.

3. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Coverage Requirements.

A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement.

B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from bodily injury, property damage, products­ completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another Yunex LLC Page C-1
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• assumed in a business contract).

C. Automobile • Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than two million dollars ($2,000,000) combined single limit for each accident. •
D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted.

4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies.

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C. Primary and Non-Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its City Council, boards and commissions, officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it.

D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage.

5. Additional Agreements Between the Parties. The parties hereby agree to the following:

A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award".

Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen ( 15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor sixty {60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation.

C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on Yunex LLC Page C-3
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City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.

D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.

E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City.

F. Self-Insured Retentions. Contractor agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self-insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies.

G. City Remedies for Non-Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.

H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right {but not the duty) to monitor the Yunex LLC Page C-4
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handling of any such claim or claims if they are likely to involve City.

I. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages.

K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period.

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EXHIBIT D

CITY OF NEWPORT BEACH
BOND NO. ___ _

LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to _________ hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, We the undersigned Principal, and, _______ _ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of _______________ Dollars ~-----~•
lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California.

The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California.

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And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications.

In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the ____ day of _______ , 20_.

Name of Contractor (Principal}
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: ·--------
By: _____________ _
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE

ATTACHED
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________ __, ss.

On ___________ , 20 __ before me, ____________ _
Notary Public, personally appeared-:--::-----,-,------,----,------,--.,-.,-----,-,--,---,-' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of Californ:a
County of _________ _J ss.
(seal)
On ___________ , 20 __ before me, ____________ _
Notary Public, personally appeared ____________________ _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
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EXHIBIT E

CITY OF NEWPORT BEACH
BOND NO. ----FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ __________ , being at the rate of$ thousand of the Agreement price.

WHEREAS, the City of Newport Beach, State of California, has awarded to _________ hereinafter designated as the "Principal," an agreement for maintenance and/or repair services in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.

NOW, THEREFORE, we, the Principal, and ____________ _
________________________ , duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of lawful
money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void.

As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond.

Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Yunex LLC Page E-1
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notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications.

This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City.

In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the __ day of ______ ~ 20_.

Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: --------
By:. _____________ _
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________ __, ss.

On __________ _, 20 __ before me, ____________ _
Notary Public, personally appeared -:-:c----,-,------,---,--------,-.,--.,------,-,--,---,~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________ _J ss.
(seal)
On ___________ , 20 __ before me,-------------~
Notary Public, personally appeared ____________________ _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
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ATTACHMENT B
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ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT

WITH BEAR ELECTRICAL SOLUTIONS, LLC FOR

STREETLIGHT ELECTRICAL REPAIR SERVICES

THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 9th day of September, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and BEAR ELECTRICAL SOLUTIONS, LLC, a California limited liability company ("Contractor"), whose address is 1252 State Street, Alviso, CA 95002, and is made with reference to the following:

RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

B. City desires to engage Contractor to perform on-call maintenance and/or repair services for City ("Project").

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement.

D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on August 31, 2030, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED

2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following:

2.1.1 A detailed description of the Services to be provided;

2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 14-37

2.1.3 The estimated number of hours and cost to complete the Services; and

2.1.4 The time needed to finish the specific project.

2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal.

3. TIME OF PERFORMANCE

3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.

3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed.

3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control.

3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand­ delivery or mail.

4. COMPENSATION TO CONTRACTOR

4.1 City shall pay Contractor for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all • reimbursable items, shall not exceed One Million Dollars and 00/100 ($1,000,000.00), without prior written amendment to the Agreement.

4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") may be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Bear Electrical Solutions, LLC Page2
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Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles­ Riverside-Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published -at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. Contractor shall notify City in writing of any requests for adjustment pursuant to this Section at least thirty (30) days prior to the Effective Date of such adjustment, and provide updated billing rates. Adjusted billing rates shall be approved in writing by City prior to use.

4.3 Contractor shall submit mo11thly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff.

4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City.

4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal.

5. PROJECT MANAGER

5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be 'available to City at all reasonable times during the Agreement term. Contractor has designated Robert Asuncion to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.

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5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City.

Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.

6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. City's Utilities Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.

7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule.

8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE

8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator.

8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards.

8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement.

8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies.

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9. RESPONSIBILITY FOR DAMAGES OR INJURY

9.1 City and all officers, employees and representatives thereof and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them.

9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor.

9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them).

9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.

9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property.

Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents.

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9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid.

9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement.

10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services.

11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project.

12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies.

13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired.

14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.

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15. BONDING

15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference.

15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property­ Casualty.

15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California.

16. PREVAILING WAGES

16.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor.

In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number ( 415) 703-4 77 4, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof.

16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently Bear Electrical Solutions, LLC Page 7
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registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work.

17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint-venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint-venture.

18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.

19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. ·contractor shall, at Contractor's expense, provide such Documents to City upon prior written request.

20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information.

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21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable.

Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.

23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.

24. CONFLICTS OF INTEREST

24.1 Contractor or its employees may be subject to the provIsIons of the California Political Reform Act of 197 4 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section.

25. NOTICES

25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third Bear Electrical Solutions, LLC Page 9
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business day after the deposit thereof in the United States mail, postage prepaid, first­ class mail, addressed as hereinafter provided.

25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:

Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658

25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:

Attn: Robert Asuncion
Bear Electrical Solutions, LLC
1252 State Street
Alviso, CA 95002

26. CLAIMS

26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment.

Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

27. TERMINATION

27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period Bear Electrical Solutions, LLC Page 10
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of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.

27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of thi~ Agreement, whether in draft or final form. 2B. LABOR

28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.).

28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information.

28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States.

28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement.

29. STANDARD PROVISIONS

29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference.

29.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.

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29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements·ofwhatsoever kind or nature are merged herein.

No verbal agreement or implied covenant shall be held to vary the provisions herein.

29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.

29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.

29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.

29.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.

29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.

29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF , the parties have caused this Agreement to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: <( 1-ZJ, I Z o zfl 5 r ,
By r• m~ .f'oc Aar C. Harp
City Attorney
ATTEST:

Date: ----- --
By: _______ _ ___ _
Molly Perry
Interim City Clerk

CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ------ ---
By: _________ __ _
Joe Stapleton
Mayor
CONTRACTOR: BEAR ELECTRICAL
SOLUTIONS, LLC, a California limited
liability company
Date: ---------
By: _______ ____ _
Andrew Bader
President
Date: ---------
By: ____ _ ____ __ _
Trevor Riback
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
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EXHIBIT A

SCOPE OF SERVICES
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SCOPE OF SERVICES

QUALITY OF WORK AND MATERIALS
Unless otherwise specified by the Project Administrator or his/her designee, all usable material removed and/or replaced in the course of repairs shall be the property of the City. All debris from pole knockdowns/removals shall be disposed of by the contractor unless specified by the City's representative at the time of the incident.

WORKMANSHIP AND SUPERVISION
Contractor shall designate a Project Manager to serve as the main contact for the Contractor throughout the project. The Project Manager shall have the authority to handle and resolve ,any contract disputes with the City and be experienced in supervising streetlight maintenance.

All work shall meet with the approval of the City's designated Project Administrator. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor's Project Manager and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications.

LICENSES & TRAINING
Contractor shall always maintain a C-10 Electrical contractor's license for the duration of the agreement. Contractor's assigned staff shall have the necessary training to work with high voltage series streetlights.

CITY Geographic Information System (GIS) SYSTEM
Upon execution of the agreement, Contractor shall complete and submit all forms and applications, if any, mandated by the City, at its sole discretion, to gain authorized access to and utilize the City's GIS. This requirement is a prerequisite for any and all work performed by the Contractor that necessitates the use of the GIS System.

CORRESPONDENCE
All correspondence shall be addressed to Utilities Manager, Utilities Department, City of Newport Beach, 949 West 16th Street, Newport Beach, California 92663.

SAFETY REQUIREMENTS
All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable comply with all safety standards required by CAL-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under the contract. All contractor employees shall be trained in and have access to a W.A.T.C.H. (Work Area Traffic Control Handbook) at all times.

Contractor's field personnel shall wear easily recognizable uniforms containing Contractor's name. Contractor shall be responsible for supplying all appropriate personal protective equipment including but not limited to safety vests, safety shoes and reflective vests. 14-51

SCOPE OF SERVICES
Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations . Any hazardous condition noted by the Contractor, which is not a result of his/her operations , shall be immediately reported to the City.

Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation .

Contractor's employees shall be trained in health and safety per CALOSHA requirements .

TYPES OF POLES AND FIXTURES
Contractor must have all standard industrial certifications required and demonstrate experience maintaining and repairing various pole and fixtures types including:

Poles Fixtures
1212T High Pressure Sodium (35-400 watt,
1214T 120/240 volts)
1316T
420 LED cobra head (including 420 DBL
420 OBS but not limited to GE, Philips,
450 Leotech, Synergy) 650
650 DBL
680 LED retrofit (including but 7003 J
7003 J DBL not limited to GE, Philips,
7004 J Truly Green)
7004 J DBL

AMERON AEGEAN

AMERON JSL

AMERON JSL DBL

AMERON VICTOR IAN

IMPERIAL

MANVILLE
PUMCO 500
Bollards
Various Cast Aluminum
Various Cast Steel
City will provide a detailed inventory of all lights in the city including location, pole type, wattage , etc., upon commencement of the agreement between City and Contractor. 14-52

EXHIBIT B

SCHEDULE OF BILLING RATES
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Standard Labor
Regular Work Hours
After-Hours
Weekends
Holidays
Pole Knockdown Disposal Fee
Mobilization Fee/ Trip Charge
Equipment/Truck
Crew Truck
Boom Truck
Bucket Truck
Crane
EXHIBITB­

SCHEDULE OF BILLING RATES
Hourly Rate
$116.50
$175.00
$195.00
$195.00
$250.00
No Charge
Hourly Rate
$15.00
$35.00
$35.00
$65.00
List Other Equipment As Needed:

Air Compressor/ Jackhammer $15.00
Scissor Lift $ COST OF RENTAL
Materials Markup 10%
Minimum Call Out Time

0.50 Hours

1.00 Hours

2.00 Hours

2.00 Hours
The billing rates contained herein include all essentials necessary for the performance of the duties specified in the Scope of Work, including, but not limited to insurances, related equipment, traffic control and safety, etc.

No additional costs associated with having 1) Standby staff 2) 24/7/365 dispatch services 3) project management meetings and 4) storage of City-owned material 14-54

EXHIBIT C

INSURANCE REQUIREMENTS - MAINTENANCE/REPAIR/JANITORIAL SERVICES

1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage.

2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

3. Coverage Requirements.

A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars· ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement.

B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from bodily injury, property damage, products­ completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another Bear Electrical Solutions, LLC Page C-1
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assumed in a business contract).

C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than two million dollars ($2,000,000) combined single limit for each accident.

D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted.

4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies.

C. Primary and Non-Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to Bear Electrical Solutions, LLC Page C-2
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City, its City Council, boards and commissions, officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it.

D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage.

5. Additional Agreements Between the Parties. The parties hereby agree to the following:

A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten ( 10) regular City business days after the date on the "Notification of Award".

Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation.

C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated Bear Electrical Solutions, LLC Page C-3
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herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.

D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.

E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City.

F. Self-Insured Retentions. Contractor agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self-insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies.

G. City Remedies for Non-Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.

H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right {but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

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I. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced, with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these sp_ecifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages.

K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period.

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EXHIBIT D

CITY OF NEWPORT BEACH
BOND NO. ----LABORAND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to _________ hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, We the undersigned Principal, and, ______ _ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of _______________ Dollars ( ' ,
lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California.

The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California.

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And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications.

In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the ____ day of _______ , 20_.

Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: ·--------
By: _____________ _
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE

ATTACHED
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________ ~ ss.

On----------~ 20 __ before me, ____________ _
Notary Public, personally appeared ____________________ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________ ~ ss.
(seal)
On----------~ 20 __ before me, ____________ _
Notary Public, personally appeared _____________________ , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
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EXHIBIT E

CITY OF NEWPORT BEACH
BOND NO. __ _

FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ __________ , being at the rate of$ thousand of the Agreement price.

WHEREAS, the City of Newport Beach, State of California, has awarded to ________ hereinafter designated as the "Principal," an agreement for maintenance and/or repair services in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.

NOW, THEREFORE, we, the Principal, and ____________ _
________________________ , duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of lawful
money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void.

As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond.

Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Bear Electrical Solutions; LLC Page E-1
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notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications.

This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City.

In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the __ day of _______ , 20_.

Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: --------
By: _____________ _
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________ __, ss.

On __________ _, 20 __ before me, ____________ _,
Notary Public, personally appeared-----,,----,--,---------------,---~ who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________ __, ss.
(seal)
On __________ _, 20 __ before me, ____________ _
Notary Public, personally appeared --------------------~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

September 9, 2025
Agenda Item No. 15
ABSTRACT:

Under a license agreement executed in 2012, the City of Newport Beach allowed the University of Southern California (USC) to install equipment related to a regional ocean observation system at the Newport Pier. The agreement has since expired and USC has requested to renew the terms of the agreement with the City . In addition, USC has requested to install additional equipment to modernize the system. For the City Council’s consideration is a new License Agreement (License) (Attachment A) with USC for use of area under the deck of the Newport Pier for a term for 10 years, including a request to waive City Council Policy F-7, to charge less than fair market value rent.

RECOMMENDATIONS:
a) Find this project is exempt from the California Environmenta l 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 re port and the Agreement that charging less tha n 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.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager, 949-644-3001, [email protected]
PREPARED BY: Lauren Wooding Whitlinger, Real Property Administrator - 949-644- 3236, [email protected]
TITLE: License Agreement with University of Southern California for Operation of a Coastal Observation System at the Newport Pier --
License Agreement with University of Southern California for Operation of a Coastal Observation System at the Newport Pier
September 9, 2025