Newport Beach City Council
February 24, 2026

LAUREN KLEIMAN, Mayor
NOAH BLOM, Mayor Pro Tem
MICHELLE BARTO, Councilmember
ROBYN GRANT, Councilmember
JOE STAPLETON, Councilmember
SARA J. WEBER, Councilmember
ERIK WEIGAND, Councilmember
SEIMONE JURJIS, City Manager
AARON C. HARP, City Attorney
LENA SHUMWAY, City Clerk

CITY OF NEWPORT BEACH

CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR CITY COUNCIL MEETING- 4:00 PM
FEBRUARY 24, 2026

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 before or after the time given.

This agenda was prepared by the City Clerk. Copies of the staff reports and supporting materials are on file with the City Clerk and are available for public inspection and copying at the City Clerk ’s Office or online at newportbeachca.gov/agendas. For questions or to request copies of any staff reports or other documentation related to items on this agenda, please contact the City Clerk’s Office at 949-644-3005.

The City of Newport Beach ’s goal is to fully comply with the Americans with Disabilities Act (ADA). If you require special assistance to participate in this meeting, we will attempt to accommodate you in every reasonable manner .

Please contact City Clerk staff prior to the meeting at 949-644-3005 or cityclerk@newportbeachca .gov so that reasonable accommodations can be made.
1 February 24, 2026

City Council Meeting
I. ROLL CALL - 4:00 p.m.

INVOCATION
Rev. Ray Jordan - Corona del Mar Community Church

PLEDGE OF ALLEGIANCE
II. PRESENTATIONS
Recognition of Newport-Mesa Unified School District Students•

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

CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL

ON COMMITTEE ACTIVITIES

PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 -9). 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.

III. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES
Reading of Ordinances1.

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

Minutes for the February 10, 2026, City Council Meeting2.

Waive reading of subject minutes, approve as written, and order filed.

Minutes
2 February 24, 2026

City Council Meeting

ORDINANCES FOR ADOPTION
Ordinance No. 2026-2: Amending Various Sections of the Newport Beach Municipal Code to Address Illegal Activity During High-Risk Periods

3. 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. 2026-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections

1.04.060 (Safety Enhancement Zone) of Chapter 1.04 (Code Enforcement ), Sections 5.95.045 ( Conditions) and 5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short Term Lodging Permit ), and Section 11.08.020 (Use of Shade Coverings) of Chapter 11.08 (Conduct on Beaches and Piers) of the Newport Beach Municipal Code to Address Illegal Activity During High-Risk Periods.

Staff Report
Attachment A- Ordinance No. 2026-2

RESOLUTIONS FOR ADOPTION
Resolution No. 2026-13: Limiting the Parking of Vehicles on Certain City Streets

4. 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 2026-13, A Resolution of the City Council of the City of Newport Beach, California, Limiting the Parking of Vehicles on Certain City Streets.

Staff Report
Attachment A - Letter from Balboa Island Improvement Association Attachment B - Resolution No. 2026-13
3 February 24, 2026

City Council Meeting

CONTRACTS AND AGREEMENTS
Amendment No. One to On -Call Maintenance /Repair Services Agreement with South Coast Shipyard, Inc. for Rescue Boat Haul Out Services

5. 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. 1 to On -Call Maintenance /Repair Services Agreement with South Coast Shipyard, Inc. for Rescue Boat Haul Out Services (Contract No. 9428-1) to extend the term to June 30, 2028, and to increase the contract amount by $150,000, for a total not -to-exceed amount of $270,000, and authorize the Mayor and City Clerk to execute the Amendment.

Staff Report
Attachment A - Photos of Haul Out and Repair Services
Attachment B - Amendment No. One to On-Call MRSA with South Coast Shipyard, Inc.

Newport Beach Fire Station No. 1 and Balboa Branch Library Project - Award of Contract No. 8865-5 (23F12)

6. a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1 - Existing Facilities ), Section 15302 (Class 2 - Replacement of Reconstruction ), and 15303 (Class 3 - New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3;
b) Approve the project plans and specifications;
c) Approve Budget Amendment No. 26-054 appropriating $850,000 in new revenue and expenditures from a Federal Grant to Account Nos. 13501-431453- 23F12 and 13501-980000-23F12, respectively;
d) Award Contract No. 8865-5 to AMG & Associates, Inc. for the total bid price of $13,178,000 for the Newport Beach Fire Station No. 1 and Balboa Branch Library Project, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $1,317,800 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

Staff Report
Attachment A - Location Map
Attachment B - Budget Amendment
4 February 24, 2026

City Council Meeting
Amendment to Professional Services Agreement for Video Production and Programming Services with TV Pro Gear, Inc. (Contract No. 9488-1)

7. 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 TV Pro Gear, Inc. to increase the contract by $60,000 for a new not -to-exceed amount of $180,000 and authorize the Mayor and City Clerk to execute the amendment.

Staff Report
Attachment A - Amendment No. One to the Professional Services Agreement with TV Pro Gear Inc.

MISCELLANEOUS
Irrigation Controller Replacement Phase 3 - Notice of Completion for Contract No. 9924-1 (26P02)

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

Staff Report
Attachment A - Location List
Cultural Arts Grants Fiscal Year 2025-269.
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 recommended recipients for Fiscal Year 2025-26 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy I - 10, Culture and Arts Grants.

Staff Report
Attachment A - City Council Policy I-10, Culture and Arts Grants ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR

THOSE ITEMS REMOVED

ITEMS REMOVED FROM THE CONSENT CALENDAR
5 February 24, 2026

City Council Meeting
IV. PUBLIC HEARINGS
Resolution No. 2026-14: Substantial Amendment to the 2025-2026 Annual Action Plan for the Federal Community Development Block Grant Program

10. a) Conduct a public hearing to receive comments on the Draft Substantial Amendment to the 2025-2026 Annual Action Plan;
b) Find the approval of the Substantial Amendment to the 2025-2026 Annual Action Plan exempt from the National Environmental Policy Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34;
c) Find the approval of the Substantial Amendment to the 2025-2026 Annual Action Plan is 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; d) Adopt Resolution No. 2026-14, A Resolution of the City Council of the City of Newport Beach, California, Approving a Substantial Amendment to the 2025- 2026 Annual Action Plan for the Federal Community Development Block Grant Program; and
e) Authorize the City Manager to: submit the Substantial Amendment to the 2025 -2026 Annual Action Plan to HUD; execute all related documents on behalf of the City; and authorize the Community Development Director, or his /her designee, to be the official representative of the City of Newport Beach, and to submit required environmental documentation for CDBG projects.

Staff Report
Attachment A - Resolution No. 2026-14
V. CURRENT BUSINESS
Approval of Proposed Revisions to Various Council Policies11. a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2026-15, A Resolution of the City Council of the City of Newport Beach, California, Amending Various Provisions of the Newport Beach City Council Policies and Rescinding Council Policy D-4 Staff Report
Attachment A - Resolution (including revised council policies) Attachment B – Redline
6 February 24, 2026

City Council Meeting
Citywide ADA Improvements - Award of Contract No. 9943-1 (26R12)12. 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) Approve Budget Amendment No. 26-051 appropriating $582,000 in new expenditures from the Community Development Block Grant to Account No . 12050502-821004-26R12;
d) Award Contract No. 9943-1 to Heed Engineering for the total bid price of $429,400 for the Citywide ADA Improvements project, and authorize the Mayor and City Clerk to execute the contract;
e) Establish a contingency of $86,000 (approximately 20% of total bid); and f) Approve Contract Amendment No. One to the Professional Services Agreement with Michael Baker International, Inc. for annual CDBG Administration and Affordable Housing Monitoring (Contract No. 9932-1) to increase the total contract amount by $31,185 for labor compliance services for the Citywide ADA Improvement project, for a total not -to-exceed contract amount of $427,435, and authorize the City Manager and City Clerk to execute the amendment.

Staff Report
Attachment A - Location Map
Attachment B - Budget Amendment
Attachment C - Amendment No. One with Michael Baker International, Inc VI. MOTION FOR RECONSIDERATION
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Councilmembers who voted with the prevailing side.

PUBLIC COMMENTS ON CLOSED SESSION
VII. CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL

ANTICIPATED LITIGATION - INITIATION OF LITIGATION
A.

Government Code § 54956.9 (d)(4): 1 matter.

CONFERENCE WITH LEGAL COUNSEL

EXISTING LITIGATION
B.

Government Code § 54956.9 (d)(1): 1 matter.

Newport Beach Stewardship Association v. City of Newport Beach Orange County Superior Court Case No. 30-2024-01428295
California Court of Appeals Case No. G065816
7 February 24, 2026

City Council Meeting
CONFERENCE WITH REAL PROPERTY NEGOTIATORSC.

Government Code § 54956.8): 1 matter.

Property: Palm Street Parking Lot - 600 & 608 East Balboa Boulevard and 209 Washington Street
City Negotiators : Seimone Jurjis, City Manager and Lauren Wooding Whitlinger, Real Property Administrator.

Negotiating Parties: Henry Pyle, Chartwell Real Estate Development Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.

CLOSED SESSION REPORT

ADJOURNMENT
Written Comments Received on Agenda and Non -Agenda Items after Agenda Posting
Non Agenda - Correspondence
3 - Correspondence
Written Comments
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.
8 CITY OF NEWPORT BEACH
City Council Meeting Minutes
Regular Meeting
February 10, 2026
Volume 66 - Page 496
I. ROLL CALL – 4:00 p.m.

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

Weber, Councilmember Erik Weigand
INVOCATION – Councilmember Stapleton
PLEDGE OF ALLEGIANCE – Councilmember Weber

PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS
Adam Leverenz expressed concern about the consent calendar process and requested Agenda Item 8 (Resolution No. 2026 -12: Establishing the Public Lands Trust Management Ad Hoc Committee to Review and Develop Recommendations Regarding the California State Lands Commission Report Regarding the City’s Management of the Tidelands) be considered separately for further discussion.

Jim Mosher noted the absence of the annual mayoral appointments and questioned whether Council authorized the $1.5 million budget amendment at the planning session meeting, asking for clarification on what the vote meant and whether expenditure authorization would come at a future meeting.

Todd Priest spoke in support of Agenda Item 3 (Safety Enhancement Zones Expansion and Enforcement During Peak Activity Periods) and recommended amending certain language within the ordinance.

Jason Schmi tt complimented Council’s work on e -bike safety and announced new monthly classes offered in Huntington Beach relating to scam tactics.

Wade Womack expressed gratitude for maintaining Lower Castaways as a harbor-centric public park and expressed concern about a recent declaration of the site as surplus property.

Jaylee Hillcabaugh noted that the management of public tidelands has been an ongoing issue and expressed concerns regarding equity.

Laura Curran spoke about the proposed police station at the Civic Center and advocated for keeping the park.

Steven Gerard Sedlowski requested the inclusion of "USA personhood cities" in the City’s charter.

Carmen Rawson inquired about Agenda Item 3 (Safety Enhancement Zones Expansion and Enforcement During Peak Activity Periods) and thought the staff report was incomplete.

Chris Bliss addressed the mooring fee issue and requested that stakeholders be included in decision- making.

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February 24, 2026
Agenda Item No. 2
9 City of Newport Beach
February 10, 2026

Volume 66 - Page 497

CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON

COMMITTEE ACTIVITIES

Councilmember Weigand
• Reported on recent Orange County Vector Control District activities and presented slides.

Councilmember Grant
• Attended the 2025 Newport Beach Christmas Boat Parade and Ring of Lights Awards Reception and thanked the Commodores Club of Newport Beach for sponsoring the event.

Councilmember Stapleton
• Thanked the Central Newport Beach Community Association for inviting him to their annual meeting where he presented on District 1 activities.

PUBLIC COMMENTS ON CONSENT CALENDAR

Regarding Agenda Item 8 (Resolution No. 2026 -12: Establishing the Public Lands Trust Management Ad Hoc Committee to Review and Develop Recommendations Regarding the California State Lands Commission Report Regarding the City’s Management of the Tidelands) a representative from the Newport Beach Mooring Association urged Council to expand the composition of the Public Lands Trust Management Ad Hoc Committee.

Jennifer Creston read aloud two letters to the editor in Stu News.

Adam Leverenz was opposed to the idea of an ad hoc committee consisting of only two councilmembers.

Jim Mosher commented regarding additional corrections to Agenda Item 2 (Minutes for the January 27, 2026 and January 31, 2026 City Council Meeting) and spoke about Agenda Item 7 (General Plan Update Steering Committee (GPUSC) Bi -Monthly Update to the City Council and Resolution No. 2026 -11:

Dissolving the GPUSC and GPAC).

Wade Womack advocated for including stakeholders as members of the Public Lands Trust Management Ad Hoc Committee.

II. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES

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

2. Minutes for the January 27, 2026 and January 31, 2026 City Council Meeting Waive reading of subject minutes, approve as written, and order filed.

ORDINANCES FOR INTRODUCTION

3. Pulled from the Consent Calendar

ORDINANCES FOR ADOPTION

4. Ordinance No. 2026-1: Amending Chapter 12.62 (Temporary Street Closure) and Chapter

12.63 (Solid Waste Management) of the Newport Beach Municipal Code Related to Solid Waste Hauling

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Volume 66 - Page 498
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. 2026 -1, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 12.62 (Temporary Street Closure) and Chapter 12.63 (Solid Waste Management) of the Newport Beach Municipal Code Related to Solid Waste Hauling.

RESOLUTIONS FOR ADOPTION

5. Resolution No. 2026 -9: Waiving City Council Policy B -8 to Permit the Pacific Coast Triathlon on Sunday, September 13, 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) Adopt Resolution No. 2026 -9, A Resolution of the City Council of the City of Newport Beach, California, Waiving Council Policy B -8 to Permit the Pacific Coast Triathlon on Sunday, September 13, 2026.

6. Resolution No. 2026 -10: Initiating General Plan, Local Coastal Program, and Newport Beach Municipal Code Amendments to Implement Recommendations from the Corona del Mar Commercial Corridor Study (PA2024-0002)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) Adopt Resolution No. 2026 -10, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to the General Plan, Local Coastal Program, and Newport Beach Municipal Code to Implement the Recommended Actions from the Corona del Mar Commercial Corridor Study (PA2024-0002).

7. General Plan Update Steering Committee (GPUSC) Bi -Monthly Update to the City Council and Resolution No. 2026-11: Dissolving the GPUSC and GPAC 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) Receive and file the report; and
c) Adopt Resolution No. 2026 -11, A Resolution of the City Council of the City of Newport Beach, California, Dissolving the General Plan Update Steering Committee and the General Plan Advisory Committee.

8. Resolution No. 2026 -12: Establishing the Public Lands Trust Management Ad Hoc Committee to Review and Develop Recommendations Regarding the California State Lands Commission Report Regarding the City’s Management of the Tidelands a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2026 -12, A Resolution of the City Council of the City of Newport Beach, California, Establishing the Public Lands Trust Management Ad Hoc Committee to Review and Develop Recommendations Regarding the California State Lands Commission Report Regarding the City’s Management of the Tidelands; and
c) Appoint Mayor Pro Tem Noah Blom and Councilmember Joe Stapleton to serve on the Public Lands Trust Management Ad Hoc Committee.

Councilmember Weigand stated that he would be voting “No” on Agenda Item 8.

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11 City of Newport Beach
February 10, 2026
Volume 66 - Page 499

CONTRACTS AND AGREEMENTS

9. Approval of On -Call Professional Services Agreements for Geotechnical and Material Testing Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve On -Call Professional Services Agreements with Verdantas Inc., Geocon West, Inc., GMU Geotechnical, Inc. and Ninyo & Moore Geotechnical & Environmental Sciences Consultants for geotechnical and material testing services, with each agreement being for a term of three years and a total not -to-exceed amount of $500,000, and authorize the Mayor and City Clerk to execute the agreements.

10. Professional Services Agreements for On -Call Professional Planning Services and Staff Augmentation with Sagecrest Planning and Environmental, Kimley -Horn and Associates, Psomas, and Moore lacofano Goltsman
a) Determine these actions are 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 and authorize the Mayor and City Clerk to execute a three -year On-Call Professional Services Agreement with Sagecrest Planning and Environmental for Professional Planning Services and Staff Augmentation with a not -to-exceed amount of $450,000, in a form substantially similar to the agreement attached to the staff report; c) Approve and authorize the Mayor and City Clerk to execute a three -year On-Call Professional Services Agreement with Kimley-Horn and Associates, Inc., for Professional Planning Services and Staff Augmentation with a not -to-exceed amount of $300,000, in a form substantially similar to the agreement attached to the staff report;
d) Approve and authorize the Mayor and City Clerk to execute a three -year professional On-Call Professional Services Agreement with Psomas, for Professional Planning Services and Staff Augmentation with a not -to-exceed amount of $300,000, in a form substantially similar to the agreement attached to the staff report; and
e) Approve and authorize the Mayor and City Clerk to execute a three -year On-Call Professional Services Agreement with Moore Iacofono Goltsman, Inc., for Professional Planning Services and Staff Augmentation with a not-to-exceed amount of $300,000, in a form substantially similar to the agreement attached to the staff report.

MISCELLANEOUS

11. Pulled from the Consent Calendar
Motion by Mayor Pro Tem Blom, seconded by Councilmember Weber, to approve the Consent Calendar, including amendments to Agenda Item No. 2, the Minutes, excluding agenda items 3 and 11, and a “no” vote on agenda item 8 by Councilmember Weigand.

The Motion carried by the unanimous vote: 7-0-0.

ITEMS REMOVED FROM THE CONSENT CALENDAR

3. Safety Enhancement Zones Expansion and Enforcement During Peak Activity Periods 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; Draft
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February 10, 2026

Volume 66 - Page 500
b) Adopt Resolution No. 2026 -8, A Resolution of the City Council of the City of Newport Beach, Designating a Geographical Area in West Newport and the Peninsula and a Portion of Corona del Mar as “Safety Enhancement Zones During the Designated Spring Break Period Beginning on March 14th Through April 12th, Which Designation is Necessary to Address Illegal Activity During these High-Risk Periods; and
c) Introduce Ordinance No. 2026-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 1.04.060 (Safety Enhancement Zone) of Chapter 1.04 (Code Enforcement), Sections 5.95.045 (Conditions) and 5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short Term Lodging Permit), and Section 11.08.020 (Use of Shade Coverings) of Chapter 11.08 (Conduct on Beaches and Piers) of the Newport Beach Municipal Code to Address Illegal Activity During High-Risk Periods, and pass to second reading on February 24, 2026.

Councilmember Weigand explained he pulled the item due to a previous public comment and wanted to give Council the opportunity to discuss the ordinance’s verbiage.

City Attorney Aaron Harp clarified that the language in sections 9a and 9b of the ordinance makes permit revocation mandatory only for certain serious crimes.

PUBLIC COMMENTS

Jim Mosher expressed confusion about the noticing language changes and recommended holding off on approving the item.

Denys Oberman expressed support for geographic extension of safety enhancement zones.

Carmen Rawson thought the ordinance needed further review.

Wade Womack raised concerns about the safety enhancement zone administrative fines being higher than allowed by State statute.

Councilmember Grant asked about remedy processes if permits are mistakenly pulled.

City Attorney Harp explained mandatory revocation only applies if specific crimes are proven by preponderance of evidence.

Councilmember Stapleton emphasized this responds directly to District 1 residents' concerns and stated the need to give code enforcement and officers the tools to enforce regulations .

Motion by Mayor Pro Tem Blom, seconded by Councilmember Stapleton, 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; b) Adopt Resolution No. 2026-8, A Resolution of the City Council of the City of Newport Beach, Designating a Geographical Area in West Newport and the Peninsula and a Portion of Corona del Mar as “Safety Enhancement Zones During the Designated Spring Break Period Beginning on March 14th Through April 12th, Which Designation is Necessary to Address Illegal Activity During these High-Risk Periods; and c) Introduce Ordinance No. 2026-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 1.04.060 (Safety Enhancement Zone) of Chapter 1.04 (Code Enforcement), Sections 5.95.045 (Conditions) and

5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short Term Lodging Permit), and Section

11.08.020 (Use of Shade Coverings) of Chapter 11.08 (Conduct on Beaches and Piers) of the Newport Beach Municipal Code to Address Illegal Activity During High-Risk Periods, in Section 5.95.065 Suspensions and Revocations, subsection A (9) (b): b. For purposes of this subsection, a “high -risk period” shall include the following: (1) from 12:01 a.m. on the Friday before the Memorial Day Holiday in May until 11:59 p.m. on Memorial Day (“Memorial Day”); and pass to second reading on February 24, 2026.

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February 10, 2026

Volume 66 - Page 501

11. Proposed Traffic Calming and Public Safety Measures in the Bayview Heights Neighborhood
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) Waive City Council Policy L -26 - Traffic Management Policy and install two speed cushions on Orchid Street within the Bayview Heights neighborhood, conditional on staff verification of residents’ written support directly adjacent and fronting proposed speed cushion location; and c) Approve Budget Amendment No. 26 -050 appropriating $10,850 in increased expenditures in Account No. 01035355 -811008 from the General Fund unappropriated fund balance and appropriating $49,000 in increased expenditures in Account No. 01201927 -980000-25T03 from the General Fund Capital Improvement Program unappropriated fund balance to fund identified improvements.

Councilmember Weigand asked for a brief staff report.

Public Works Director Dave Webb explained two speed cushion locations on Orchid Street are supported by residents, but one location received only 4 of the required 6 signatures due to one vacant house and one unresponsive resident. He requested a waiver for this requirement given the circumstances.

PUBLIC COMMENTS

Jennifer Creston inquired about speed bumps in residential areas affecting fire department equipment.

Ryan Schlager explained that a monument would help transition from commercial to residential area and preferred a roundabout concept with foliage and signage in the area.

Motion by Mayor Pro Tem 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; b) Waive City Council Policy L -26 - Traffic Management Policy and install two speed cushions on Orchid Street within the Bayview Heights neighborhood, conditional on staff verification of residents’ written support directly adjacent and fronting proposed speed cushion location; and c) Approve Budget Amendment No. 26-050 appropriating $10,850 in increased expenditures in Account No. 01035355 -811008 from the General Fund unappropriated fund balance and appropriating $49,000 in increased expenditures in Account No. 01201927-980000-25T03 from the General Fund Capital Improvement Program unappropriated fund balance to fund identified improvements.

City Clerk Lena Shumway read the ordinance title for Agenda Item 4.

III. PUBLIC HEARINGS

12. Status of City of Newport Beach Vacancies and Retention Efforts for Fiscal Year 2025/26, Pursuant to Government Code Section 3502.3
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 consider the Status of City of Newport Beach Vacancies and Retention Efforts for Fiscal Year 2025/26 pursuant to Government Code Section 3502.3.

Mayor Kleiman opened the public hearing at 5:15 p.m.

Draft
14 City of Newport Beach
February 10, 2026

Volume 66 - Page 502
There were no public comments.

Deputy Human Resources Director Sarah Rodriguez referenced a PowerPoint presentation and provided a brief update.

Mayor Kleiman closed the public hearing at 5:20 p.m.

Motion by Councilmember Weigand, seconded by Mayor Pro Tem Blom , 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) Receive and consider the Status of City of Newport Beach Vacancies and Retention Efforts for Fiscal Year 2025/26 pursuant to Government Code Section 3502.3.

The Motion carried by the unanimous vote: 7-0-0.

VI. MOTION FOR RECONSIDERATION – None

PUBLIC COMMENTS ON CLOSED SESSION

Jim Mosher thought closed session items should be more detailed.

Wade Womack thought parties involved should be listed under each item.

City Attorney Harp read the closed session items.

Councilmember Grant announced a conflict of interest on Closed Session Item B and recused herself from that item.

V. CLOSED SESSION

A. CONFERENCE WITH LEGAL COUNSEL

EXISTING LITIGATION
Government Code § 54956.9 (d)(1): 4 matters.

Stephanie Korour v. City of Newport Beach
Orange County Superior Court Case No. 30-2025-0157023-CU-PA-NJC

Devon Fitzgerald v. the City of Newport Beach
Workers’ Compensation Appeals Board Case No. ADJ11815084 Workers’ Compensation Appeals Board Case No. ADJ17114735

Newport Beach Stewardship Association v. City of Newport Beach Orange County Superior Court Case No. 30-2024-01428295
California Court of Appeals Case No. G065816

B. CONFERENCE WITH LEGAL COUNSEL

ANTICIPATED LITIGATION - INITIATION OF LITIGATION
Government Code § 54956.9 (d)(4): 2 matters.

CLOSED SESSION REPORT

City Attorney Harp announced that there was no closed session report.

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15 City of Newport Beach
February 10, 2026

Volume 66 - Page 503
ADJOURNMENT – In Memory of Dan Hamilton.

Meeting adjourned at 6:48 p.m.

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 February 5, 2026, at 10:30 a.m.

____________________________________________
Lauren Kleiman
Mayor

__________________________________________
Lena Shumway
City Clerk
Draft
16 NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 24, 2026
Agenda Item No. 3
ABSTRACT:

For the City Council’s consideration is the adoption of Ordinance No. 2026 -2. This ordinance amends the Newport Beach Municipal Code (NBMC) to enhance public safety during identified high -risk periods associated with increased visitor activity, including spring break and the Fourth of July. Ordinance No. 2026 -2 was introduced and considered at the City Council’s regular meeting on February 10, 2026.

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 second reading and adopt Ordinance No. 2026 -2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 1.04.060 (Safety Enhancement Zone) of Chapter 1.04 (Code Enforcement) , Sections 5.95.045 (Conditions) and 5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short Term Lodging Permit), and Section 11.08.020 (Use of Shade Coverings) of Chapter

11.08 (Conduct on Beaches and Piers) of the Newport Beach Municipal Code to Address Illegal Activity During High-Risk Periods.

DISCUSSION:

On February 10, 2026, the City Council introduced Ordinance No. 2026 -2 to address recurring public safety concerns during periods of elevated visitor activity, such as spring break and summer holidays, including the Fourth of July. During these high-risk periods, the City of Newport Beach has experienced increased calls for service and NMBC violations related to large gatherings, excessive noise, alcohol -related offenses, illegal fireworks, and violations associated with short -term lodging units, particularly in West Newport, the Balboa Peninsula and Corona del Mar.

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: Ordinance No. 2026-2: Amending Various Sections of the Newport Beach Municipal Code to Address Illegal Activity During High-Risk Periods
17 Ordinance No. 2026-2: Amending Various Sections of the Newport Beach Municipal Code to Address Illegal Activity During High-Risk Periods February 24, 2026

The primary purpose of this ordinance is to strengthen public safety during periods of high visitor activity and major holiday weeks in Newport Beach. The City’s goal is to enhance safety by clearly informing residents, businesses, and visitors of heightened safety regulations, increased enforcement, and stricter penalties for violations of the Municipal Code during these peak times. Priority will be given to enforcing those code provisions where violations directly threaten public safety.

Newport Beach remains a visitor -friendly community that welcomes guests year -round, including day visitors, guests of residents, hotel patrons, and those staying in permitted short-term lodging properties. Most visitors respect local laws and positively contribute to the community and local econom y through tax revenues that support essential City services such as police and fire protection.

The City expects hosts, whether homeowners, renters, hotels, or short -term lodging operators, to partner in maintaining public safety. Short -term lodging owners and operators are responsible for informing guests of applicable local laws and taking reasonable steps to promote compliance, particularly with respect to regulations that directly impact safety. Failure to properly guide guests, especially during high -risk periods, can negatively affect the broader community.

At the same time, the City recognizes that even responsible short -term lodging owners and operators may encounter guests who refuse to comply with local laws despite good- faith efforts. Accordingly, while the ordinance provides for the most severe penalties in situations where serious criminal activity is occurring and directly impacting the community, those penalties for short-term lodging owners are intended to apply where an owner or operator fails to fulfill their obligations as a responsible operator, by not taking reasonable measures to ensure guests understand and comply with applicable laws, or by failing to take immediate and effective corrective action when unlawful or unsafe conduct occurs.

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). 18 Ordinance No. 2026-2: Amending Various Sections of the Newport Beach Municipal Code to Address Illegal Activity During High-Risk Periods February 24, 2026

ATTACHMENT:

Attachment A – Ordinance No. 2026-2

19 ORDINANCE NO. 2026-2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 1.04.060 (SAFETY ENHANCEMENT ZONE) OF
CHAPTER 1.04 (CODE ENFORCEMENT), SECTIONS

5.95.045 (CONDITIONS) AND 5.95.065 (SUSPENSIONS
AND REVOCATIONS) OF CHAPTER 5.95 (SHORT TERM
LODGING PERMIT) , AND SECTION 11.08.020 (USE OF
SHADE COVERINGS) OF CHAPTER 11.08 (CONDUCT

ON BEACHES AND PIERS) OF THE NEWPORT BEACH

MUNICIPAL CODE TO ADDRESS ILLEGAL ACTIVITY

DURING HIGH-RISK PERIODS
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 Council recognizes that certain periods of high public activity (“high-risk periods”) including, but not limited to, Memorial Day, Fourth of July, and Labor Day weekends, as well as Spring Break , have historically been associated with increased public safety risks, including noise disturbances, illegal fireworks, overcrowding, and other violations of the law;
WHEREAS, during the Fourth of July weekend in 2025, law enforcement issued over 285 citations for violations of the Newport Beach Municipal Code (“NBMC”), including 16 citations for use and possession of illegal fireworks, 24 citations for use of the beach after hours, 27 citations related to loud and unreasonable noise; and over 160 citations related to possession of open containers of alcohol or drinking in public; WHEREAS, on the Fourth of July in 2025, there were over 450 citations issued for violations of the NBMC and state laws , including 11 citations for violations of the Loud and Unruly Gathering Ordinance (“LUGO”), as well as 602 calls for service, and 43 arrests, with many of these citations, calls for service and arrests occurring outside of the current West Newport Safety Enhancement Zone, primarily concentrated between the current boundaries of the West Newport Safety Enhancement Zone and the area around the Balboa Pier;
WHEREAS, over the Fourth of July weekend, many of the problems encountered by law enforcement stemmed from short -term lodging units including, but not limited to, the issuance of LUGO and other citations to transient users of short -term Attachment A
20 Ordinance No. 2026-___

lodging units or property owners on 28th Street, 33rd Street, W. Balboa Boulevard, E. and W. Oceanfront, and Seashore Drive in Newport Beach; WHEREAS, the City has also seen increased violations during other high- risk periods, especially during th ose periods designated as Spring Break for schools in Arizona and Nevada;
WHEREAS, the City Council has previously established the West Newport Safety Enhancement Zone to promote public safety, regulate illegal activity, and ensure compliance with applicable laws and regulations;
WHEREAS, extending the West Newport Safety Enhancement Zone to include the areas of the peninsula from the current boundary to the area adjacent to Balboa Pier is necessary to address documented incidents of high- risk behavior, including large gatherings, unruly parties, and other activities that threaten public health, safety, and welfare;
WHEREAS, during high- risk periods, the beaches experience significant crowding, and the use of shade structures can obstruct clear lines of sight for public safety personnel, conceal unsafe behavior from view, and impede the safe movement of pedestrians and emergency vehicles;
WHEREAS, many short term lodging units are being rented by adults for occupancy by individuals under the age of twenty-five during high-risk periods; WHEREAS, requiring the owner or owner’s agent and the adult transient user on the rental agreement to respond promptly to a short term lodging unit when there has been a good faith determination that there has been a violation of the law or the short- term lodging permit conditions, will enhance enforcement, prevent escalation of unsafe activities, and ensure accountability of both property owners and transient users; WHEREAS, the violation of laws and permit conditions related to short -term lodgings including, but not limited to, illegal fireworks, excessive noise, drug or alcohol offenses, and unruly gatherings, during high- risk periods pose s a significant threat to public health, safety, and welfare;
WHEREAS, the City Council finds that the mandatory revocation of a short-term lodging permit is an appropriate and necessary enforcement tool when significant violations have occurred during high- risk periods because it ensures accountability, deters future violations, and protects the community from recurring safety risks; and 21 Ordinance No. 2026-___

WHEREAS, the City Council seeks to balance public enjoyment of beaches and recreational areas with the protection of residents, visitors, and public safety personnel from unsafe or unlawful activities.

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

Section 1: Section 1.04.060 (Safety Enhancement Zone) of the Newport Beach Municipal Code is hereby amended to read as follows:

Section 1.04.060 Safety Enhancement Zone.

A. Designation Process. The City Council may designate a specific geographical area as a Safety Enhancement Zone by ordinance or by resolution upon finding that the area is subject to unique conditions during a specific period creating a significant threat to the public health, safety and welfare. The ordinance or resolution establishing a Safety Enhancement Zone shall contain the following provisions: (1) a description of the geographical area comprising the zone; (2) the date and time the designation is in effect; (3) the factual basis for the designation; (4) the manner in which general notice of the Safety Enhancement Zone and applicable penalties for violations shall be provided; and (5) the manner in which specific notice of additional duties, responsibilities or restrictions shall be provided to owners of property within the zone.

B. West Newport Safety Enhancement Zone. The City Council hereby designates the area bounded by West Coast Highway on the north, Newport Boulevard from West Coast Highway to West Balboa Boulevard and from West Balboa Boulevard to East Balboa Boulevard ending at B Street on the east, the Pacific Ocean on the south, and 54th Street and Jo Anne Place on the west as a Safety Enhancement Zone. General notice of the Safety Enhancement Zone, as provided for in subsection (E), shall be provided at no less than three locations along West Coast Highway, two locations along Newport Boulevard, two locations on West and East Balboa Boulevard, one location on C Street, four locations along Oceanfront Walk/Seashore Drive and two locations along 54th Street or Jo Anne Place.

C. Corona del Mar Safety Enhancement Zone. The City Council hereby designates the portions of Corona del Mar bounded by the Pacific Ocean and Newport Harbor on the south, Buck Gully from the Pacific Ocean to Fifth Avenue on the east, Fifth Avenue to Dahlia Avenue (north of East Coast Highway), Dahlia Avenue (north of East Coast Highway) to East Coast Highway, and East Coast Highway to Avocado Avenue on the north, and the east side of Avocado Avenue (and its extended alignment) from East Coast Highway to Newport Harbor on the west, which area shall include Pirate’s Cove, Corona del Mar State Beach, and Little Corona Beach as well as the immediately 22 Ordinance No. 2026-___

adjacent parking lots, roads, stairs, and paths that provide ingress and egress thereto as a Safety Enhancement Zone. General notice of the Safety Enhancement Zone, as provided for in subsection (E) , shall be provided at no less than three locations along East Coast Highway, at least one location on MacArthur Boulevard south of San Miguel Drive, one location on Marguerite Avenue south of San Joaquin Hills Road, and at Pirate’s Cove, Corona del Mar State Beach and Little Corona Beach.

D. The designation for the West Newport and Corona del Mar Safety Enhancement Zones shall be effective: (1) from 12:01 a.m. on the Friday before the Memorial Day Holiday in May until 11:59 p.m. on Memorial Day (“Memorial Day”); (2) from 12:01 a.m. on Friday until 11:59 p.m. on Monday when the Fourth of July falls on a Friday, Saturday, Sunday or Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th when the Fourth of July falls on a Tuesday, Wednesday or Thursday; (4) from 12:01 a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first Monday in September (“Labor Day”) ; (5) from 12:01 a.m. on the date designated by resolution of the City Council as first day of a ny Spring Break until the 11:59 p.m. on the last day of any designated Spring Break (“Spring Break”) ; and (6) at other times when designated by ordinance or resolution upon a finding that unique conditions during a specific period of time create a significant threat to the public health, safety and welfare.

The factual basis for this designation is found in Ordinances 2026-__, 2025-3 and 2003-

5. E. General notice of the designation of the Safety Enhancement Zone shall be provided at the locations specified in subsections B and C no later than 6:00 p.m. on the day preceding the effective date of the Safety Enhancement Zone, as set forth in subsection D.

F. Specific Notice advising of the Safety Enhancement Zone designation and the fines, penalties and provisions shall be sent before the date set forth in the City Council resolution that designates any Spring Break, and before April 15th, June 15th, and August 15th, to each property owner within the zone, based on the most recent property tax records.

Section 2: Subsection ( A) of Section 5.95.04 5 ( Conditions) of the Newport Beach Municipal Code is hereby amended to add subsection (24) , which shall read as follows:

24. If a City law enforcement officer, fire official, code enforcement officer, or other authorized City official makes a good- faith determination that a violation of any law, ordinance, regulation or permit condition is occurring at a unit and provides verbal notice of the violation to any person occupying the site and to the owner’s local contact, the following persons shall appear in person at the unit within two (2) hours of such 23 Ordinance No. 2026-___

notice being provided: the owner of the property or the owner’s agent ; and a transient user who is 25 years or older and whose name appears on the rental agreement for the unit.

Section 3: Section 5.95.065 (Suspensions and Revocations) of the Newport Beach Municipal Code is hereby amended to read as follows:

5.95.065 Suspensions and Revocations.

In addition to any fine or penalty that may be imposed pursuant to any provision of this Code, a short term lodging permit for a unit may, or where required shall, be suspended or revoked as provided in this section.

A. Suspensions/Revocations.

1. If any person violates any short term lodging permit condition two or more times in any twelve (12) month period or any other provision of this Code, state law or federal law, two or more times in any twelve (12) month period, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit may be suspended for a period of six months in accordance with subsection (B) of this section.

2. In the case of a short term lodging permit for a unit that is located in a safety enhancement zone, if there is a violation of any provision of this Code during the period that the safety enhancement zone is in effect, the short term lodging permit for the unit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section.

3. If a lodging unit that is subject to a short term lodging permit has been the location of two or more loud or unruly gatherings, as defined in Chapter 10.66, while the lodging unit was occupied on a short term basis, within any twenty -four (24) month period, the permit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section. A loud or unruly gathering that occurred prior to the passage of fourteen (14) days from the mailing of notice to the owner in compliance with Section 10.66.030(D) shall not be included within the calculation of the two or more loud or unruly gatherings required to revoke a short term lodging permit.

4. If a person violates Section 5.95.020 regarding any unit that has had a short term lodging permit suspended pursuant to subsection (B) of this section, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
24 Ordinance No. 2026-___

5. If any person violates any short term lodging permit condition or any other provision of this Code, state or federal law within six (6) months of having a previously suspended short term lodging permit reinstated for a unit, and the violation relates in any way to the unit that has the short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.

6. If any person violates any short term lodging permit condition three or more times in any twelve (12) month period or provision of this Code, state or federal law three or more times in any twelve (12) month period, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.

7. If any person fails to collect and remit transient occupancy tax or the visitor service fee in accordance with the requirements of this chapter, Chapter 3.16 or 3.28 in regards to any unit that has a short term lodging permit, two or more times within any thirty-six (36) month period, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.

8. If any person is determined to have provided false information on an application for an annual short term lodging permit, or renewal thereof, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.

9. If the preponderance of the evidence shows that any person has violated any of the rules, regulations or laws set forth in subs ection (A)(9)(a) during a high- risk period, as defined in subsection (A)(9)(b) of this section, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit shall be revoked in accordance with subsection (B) of this section. a. For purposes of this subsection, the applicable rules, regulations and laws are as follows: C hapters 6.40 (Prohibition of Sale Distribution and Use of Nitrous Oxide), 10.24 (Discharge of Weapons -Permission Required), 10.28 (Loud and Unreasonable Noise), 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property) , or 10.66 (Loud and Unruly Gatherings) of this Code; Sections

5.95.045 (A) (2), (4), (5), (6), (10), (12), (17), (18), (21), or (24) (Conditions), 5.95.047 (A) (1), (4), (5), or (6) (Violations of Permit Conditions by Transient User, Occupant or Guest), 9.04.420 (Amendments to Section 5601.1.3 Fireworks) , or 10.12.020 (Interference) of this Code; California Business and Professions Code S ection 25658; California Penal Code S ections 69, 148(a), 148.9, 243 (b) (c), 272, 415, 416, 29610, 22210, or 21510; Health and Safety Code S ections 12677, or 11357; and any law punishable as a felony.
25 Ordinance No. 2026-___

b. For purposes of this subsection, a “high- risk period” shall include the following: (1) from 12:01 a.m. on the Friday before the Memorial Day Holiday in May until 11:59 p.m. on Memorial Day (“Memorial Day”); (2) from 12:01 a.m. on Friday until 11:59 p.m. on Monday when the Fourth of July falls on a Friday, Saturday, Sunday or Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th when the Fourth of July falls on a Tuesday, Wednesday or Thursday; (4) from 12:01 a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first Monday in September; (5) from 12:01 a.m. on the date designated by resolution of the City Council as first day of any Spring Break until the 11:59 p.m. on the last day of any designated Spring Break ; and (6) at other times when designated by ordinance or resolution upon a finding that unique conditions during a specific period of time create a significant threat to the public health, safety and welfare.

Where a violation or set of violations qualifies for suspension or revocation under more than one subsection, the subsection that imposes the most severe penalty, including mandatory revocation, shall control.

B. Permits shall be suspended or revoked only in the manner provided in this section.

1. The Administrative Services Director shall investigate whenever he or she has reason to believe that an owner has submitted an application that contains false information or committed a violation of a permit condition, this Code, or state or federal law related to a permitted unit. Such investigation may include, but is not limited to, on- site property inspections. Should the investigation reveal substantial evidence to support a finding that warrants a suspension or revocation of the short term lodging permit, the Administrative Services Director shall issue written notice of intention to suspend or revoke the short term lodging permit. The written notice shall be served on the owner in accordance with Section 1.08.080, and shall specify the facts which, in the opinion of the Administrative Services Director, constitute substantial evidence to establish grounds for imposition of the suspension and/or revocation, and specify the proposed time the short term lodging permit shall be suspended and/or that the short term lodging permit shall be revoked within thirty (30) days from the date the notice is given, unless the owner files with the Administrative Services Director, before the suspension or revocation becomes effective, a request for hearing before a hearing officer, who shall be retained by the City, and pays the fee for the hearing established by resolution of the City Council. Subject to subsection (E) of this section, failure to file a timely request for hearing and pay all applicable fees shall result in the suspension or revocation of the permit.

2. If the owner requests a hearing and pays the hearing fee, established by resolution of the City Council, within the time specified in subsection (B)(1) of this 26 Ordinance No. 2026-___

section, the Administrative Services Director shall serve written notice on the owner, pursuant to Section 1.08.080, setting forth the date, time and place for the hearing. The hearing shall be scheduled not less than fifteen (15) days, nor more than sixty (60) days, from the date on which notice of the hearing is served by the Administrative Services Director. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, the hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend or revoke the short term lodging permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension or revocation is consistent with the provisions of this section. The City Manager shall render a decision within thirty (30) days of the hearing, and the decision shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

C. If a short term lodging permit is suspended, it shall be the owner’s responsibility to vacate any future bookings and remove all advertisements related to the short term rental of the unit during the term of the suspension. If a short term lodging permit is revoked, it shall be the owner’s responsibility to vacate any future bookings and remove all advertisements related to the short term rental of the unit.

D. After any suspension, the owner may reapply for reinstatement of the short term lodging permit which shall be processed in accordance with Section 5.95.030, provided the owner has paid the City all amounts owed the City in accordance with this chapter and Chapters 3.16 and 3.28.

E. The Administrative Services Director may extend the deadlines set forth in this section if the Administrative Services Director determines that good cause has been shown to extend the deadline.

Section 4: Section 11.08.020 (Use of Shade Coverings) of the Newport Beach Municipal Code is hereby amended to read as follows:

11.08.020 Use of Shade Coverings.

A. Unless authorized by the City Council, City Manager, authorized City personnel or a special event permit, no person shall install, erect or maintain any shade covering on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland that:

1. Is connected, attached, or tied in any manner to another shade covering.

2. Is positioned so that both the base and the outer edge of the canopy, fabric, or covering are located less than five (5) feet from the base or outer edge of any 27 Ordinance No. 2026-___

other shade covering. The required separation shall be measured horizontally from the closest point of the canopy, fabric or covering and from the closest point of the base, pole, frame, or anchoring point.

3. Is grouped, arranged or positioned to allow multiple shade coverings to function as a single structure or to expand the usable shaded area, regardless of whether the individual shade covering meet s the spacing requirements set forth in this section.

4. Is not sufficiently anchored to prevent displacement by wind or tides. No ropes, cords, guy lines, stakes, or similar devices may extend beyond the perimeter of the shade covering, and improvised anchors including , but not limited to, concrete blocks, buckets, coolers, or water-filled containers, are prohibited.

5. Exceeds six (6) feet in height or six (6) feet in width at its widest point.

6. Is closed to public view on more than one side or obstructs line- of-sight access from the surrounding beach or shoreline.

7. Is located within fifty (50) feet of any lifeguard tower, emergency access point, or public access point. Proximity shall be measured horizontally from the nearest point of the shade covering to the base/edge of any lifeguard tower, emergency access point, or public access point.

8. Interferes with a lifeguard’s ability to observe the water or adjacent lifeguard towers.

9. Prohibits reasonable ingress and egress on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland. Such areas shall be clearly marked by City personnel or City contractors through signage, cones, flags, painted markings, or other visible means indicating that the area is reserved for ingress and egress.

10. Is placed in proximity to a fire ring so as to create a fire hazard. The reasonableness of proximity shall be determined by existing conditions. Under no condition shall a shade covering be within ten (10) feet of any exposed fire.

B. Shade coverings shall only be erected, maintained, or occupied on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland during daytime hours (6:00 a.m. to 7:00 p.m.) and only when a responsible person is present in the immediate vicinity.

C. A shade covering shall be immediately removed during hazardous weather conditions, high wind advisories, emergency operations, or when otherwise directed by 28 Ordinance No. 2026-___

a fire official, lifeguard, law enforcement officer, or other authorized City personnel for public safety reasons.

D. Any shade covering that violates subsections A (7) through A (10) or C of this section, shall be immediately relocated at the request of a fire official, lifeguard, law enforcement officer, or other authorized City personnel. Failure to immediately comply with a request to relocate shall constitute a violation of this section.

E. For purposes of this section the term “shade covering” shall include any umbrella, canopy, or other shade structure.

Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.

Section 6: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.

Section 7: The City Council of the City of Newport Beach finds the introduction and adoption of this ordinance is exempt from environmental review under 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 a n 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”.

Section 8: 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. 29 Ordinance No. 2026-

Section 9: 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 and shall become final thirty (30) days after adoption.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of February 2026, and adopted on the 24th day of February 2026, by the following vote, to-wit:

AYES: ___________________ _
NAYS: ____________________ _
ABSENT: __________________ _
Lauren Kleiman, Mayor
ATTEST:

Lena Shumway, City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
&nTuarpsy A«,::;-
30 NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 24, 2026
Agenda Item No. 4
ABSTRACT:

The Balboa Island Improvement Association (BIIA), with support from the Balboa Island Merchant Association and the Little Island Homeowners Association, is seeking City Council approval to implement an on-street golf cart parking time limit of two hours between 8 a.m. and 6 p.m. on the southside of Park Avenue and the northside of Balboa Avenue , just west of Marine Avenue where the parking is striped for golf carts. The request is due to concerns related to long-term golf cart parking and the lack of available parking for other island residents and visitors.

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. 2026-13, A Resolution of the City Council of the City of Newport Beach, California, Limiting the Parking of Vehicles on Certain City Streets.

DISCUSSION:

The BIIA contacted the Public Works Department with concerns related golf carts being parked long term in the designated street spaces striped for these types of vehicles on the first block west of Marine Avenue on Park Avenue and Balboa Avenue . These golf cart spaces are adjacent to restaurants and other commercial businesses. A common activity associated with long-term golf cart parking along these two street se gments includes golf cart sale advertisements, resulting in a vehicle parked in a spot for multiple days, preventing others from using the parking space.

Public Works Department staff communicated with the BIIA and the association provided a letter noting support from the Balboa Island Merchant Association and Little Island Homeowners Association to ask the City of Newport Beach to implement an on-street parking time limit for the designated golf cart spaces. Staff reviewed this request and recommends a 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, City Traffic Engineer - 949-644-3329, [email protected]
TITLE: Resolution No. 2026-13: Limiting the Parking of Vehicles on Certain City Streets
31 Resolution No. 2026-13: Limiting the Parking of Vehicles on Certain City Streets February 24, 2026

daily two-hour time limit between 8 a.m. and 6 p.m., consistent with Marine Avenue parking time limits, to allow parking space turnover adjacent to businesses. Educational enforcement may be necessary to advise on the new parking restriction before implementation.

FISCAL IMPACT:

The adopted budget includes sufficient funding for the sign installation. It will be expensed to the Traffic Signage Striping Marking account in the Public Works Department, 01201927- 980000-24T03.

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 – Letter from Balboa Island Improvement Association Attachment B – Resolution No. 2026-13

32 Attachment A
33 Attachment B
34 35

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 24, 2026
Agenda Item No.5
ABSTRACT:

The City of Newport Beach owns a fleet of three lifeguard rescue vessels (rescue boats) that are used to conduct marine rescue and patrol operations. Maintenance of the rescue boats is overseen by the Newport Beach Fire Department’s Lifeguard Division and the Municipal Operations Department’s Fleet Division. The City’s current contractor for rescue boat on-call haul out and maintenance services, South Coast Shipyard, Inc., was previously selected via a competitive bid process. Staff is requesting City Council approval to extend the term and increase the not-to-exceed amount of the agreement by an additional $150,000 for a new contract not-to-exceed amount of $270,000 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 On-Call Maintenance/Repair Services Agreement with South Coast Shipyard, Inc. for Rescue Boat Haul Out Services (Contract No. 9428-1) to extend the term to June 30, 2028, and to increase the contract amount by $150,000, for a total not-to-exceed amount of $270,000, and authorize the Mayor and City Clerk to execute the Amendment.

DISCUSSION:

The Newport Beach Fire Department, through its Lifeguard Operations Division, operates three 29.5-foot, solid fiberglass hulled, twin -engine rescue boats manufactured by the Crystaliner Corporation. These boats are used to conduct marine rescue and patrol operations along the City’s coastline, and are crucial re sources in incidents involving TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jeff Boyles, Fire Chief - 949-644-3101, [email protected] PREPARED BY: Lili Banuelos, Assistant Management Analyst - 949-644-3360, [email protected]

Kyle Brodowski, Fleet and Facilities Superintendent - 949-718- 3464, [email protected]
TITLE: Amendment No. One to On-Call Maintenance/Repair Services Agreement with South Coast Shipyard, Inc. for Rescue Boat Haul Out Services
36 Amendment No. One to On-Call Maintenance/Repair Services Agreement with South Coast Shipyard, Inc. for Rescue Boat Haul Out Services
February 24, 2026

missing swimmers, vessels in distress, mass rescues, recovery efforts, dive team operations, and any other incident requiring a swift response in the ocean environment.

Large emergency boats have an expected replacement of 2 5 years per City Council Policy F -9. The existing hull design has proven to be incredibly durable; consistent maintenance and haul-out services, combined with engine maintenance performed by Municipal Operations Department mechanics, have extended the boat s’ lifespans. Haul out services require that the vessel be removed from water to undergo various safety checks, including, but not limited to: examination of the vessel’s bottom paint and hull condition, a review of the rudder, driveshaft and various seals , cleaning/polishing of props, shafts, and anode studs, and removal and re-sealing of the deck. Any issues found are corrected via repair or replacement. Historically, haul out services and related repairs have been provided through local shipyards.

On March 13, 2023, a Request for Proposals (RFP) No. 23-60 for Rescue Boat Haul Out Services was posted to the City’s electronic bidding portal; approximately 118 vendors were automatically notified of the RFP . Four prospective bidders reviewed and/or downloaded the bid documents, and two vendors submitted responses. Only one bidder, South Coast Shipyard, Inc. (South Coast Shipyard) was deemed responsive, as the other bidder failed to include a complete response file. Following review of the responsive bid, South Coast Shipyard was awarded a three-year on-call maintenance agreement for a not-to-exceed amount of $120,000.

South Coast Shipyard continues to provide quality work, and staff remains satisfied with the contractor’s performance. Additionally, following a recent competitive bid process (Request for Bid No. 26 -06), South Coast Shipyard was also awarded a contract to completely refurbish and repower one of the City’s rescue boats and install new engines in the other two rescue boats.

The current o n-call agreement is set to expire on June 30, 2026 , and is approximately 90% expended. In order to maintain current service levels and ensure continuity of service between the ongoing refurbishment and engine replacement projects with future haul out services, staff requests City Council approval of Amendment No. One to extend the term of the agreement to June 30, 2028 , and increase the not-to-exceed amount of the agreement from $120,000 to $270,000 (an increase of $150,000). This increase will cover continued haul out services, on-call maintenance/unforeseen repairs, and possible engine work or modifications outside of the new engines’ manufacturer’s warranty .

Additionally, the increase w ould accommodate rising parts and materials costs (wood, fiberglass, radio equipment, fuel tanks, etc.) from various suppliers . No changes to the labor rates are proposed, as the agreement already incorporates annual Consumer Price Index (CPI) adjustments.

FISCAL IMPACT:

Typical haul out services are approximately $5,000 per vessel and are done on an annual basis. As-needed repairs, replacements or modifications can include complete replacements of bilge pumps, engine removals and reinstallations , and large fiberglass 37 Amendment No. One to On-Call Maintenance/Repair Services Agreement with South Coast Shipyard, Inc. for Rescue Boat Haul Out Services
February 24, 2026

hull repairs, and can cost upwards of $13,000 or more. The adopted budget includes sufficient funding for these services. It will be expensed to the Equipment Renovation account in the Municipal Operations Department, 7529032-911020.

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 ac cording to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Photos of Haul Out and Repair Services
Attachment B – Amendment No. One to On-Call MRSA with South Coast Shipyard, Inc.

38 Attachment A
Engines, exhausts, and transmissions

39 Single front engine

40 SeaWatch III Haulout

41 Port side view

Deck build
42 Console view
43 44
Attachment B
45 46
47 48
49 50
51 52

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 24, 2026
Agenda Item No. 6
ABSTRACT:

The City of Newport Beach received construction bids for Fire Station No. 1 and Balboa Branch Library to replace the existing facilities. For the City Council’s consideration is approval to award the construction contract to the lowest qualified bidder, AMG & Associates, Inc. of Santa Clarita for a total bid price of $13,178,000. The total project cost is projected to be $14,595,800.

RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQ A) pursuant to Sections 15301 (Class 1 – Existing Facilities), Section 15302 (Class 2 – Replacement of Reconstruction), and 15303 (Class 3 – New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3;
b) Approve the project plans and specifications;
c) Approve Budget Amendment No. 26-054 appropriating $850,000 in new revenue and expenditures from a federal grant to Account Nos. 13501-431453-23F12 and 13501- 980000-23F12, respectively;
d) Award Contract No. 8865-5 to AMG & Associates, Inc. for the total bid price of $13,178,000 for the Newport Beach Fire Station No. 1 and Balboa Branch Library Project, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $ 1,317,800 (10% of the total bid) to cover the cost of unforeseen work not included in the original contract.

DISCUSSION:

The existing Fire Station No. 1 and Balboa Branch Library are located at 1 10 and 100 Balboa Boulevard, respectively. The library was constructed in 1929 and has undergone several expansions and rehabilitations over the years. It is currently a series of rooms that add up to approximately 4,500 square feet. The fire station was built in 1962 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3312, [email protected]
TITLE:

City of Newport Beach Fire Station No. 1 and Balboa Branch Library Project – Award of Contract No. 8865-5 (23F12)
53 City of Newport Beach Fire Station No. 1 and Balboa Branch Library Project – Award of Contract No. 8865-5 (23F12)
February 24, 2026

and houses three fire personnel in its approximately 3,400 square feet. The entire site is approximately 24,000 square feet.

Both facilities were evaluated as part of the 2021 Facility Condition Assessment and rated as being in poor condition due to environmental and age-related deterioration.

On January 10, 2023, the City Council awarded a professional services agreement to COAR Design Group (COAR) for the design of the replacement facility. COAR worked with various City staff members, a Board of Library Trustees Ad Hoc Committee, and a Council Working Group comprised of Councilmembers Joe Stapleton, Noah Blom and Erik Weigand to develop initial layout concepts and themes. These concepts were then presented to the full Board of Library Tru stees and the Parks, Beaches and Recreation Commission on January 16, 2024, and March 5, 2024, respectively for public review, comments and discussion.

After incorporating suggestions and feedback received from Board Members, Commissioners and the public on the design concepts and themes, the final draft concepts were presented to the City Council on May 14, 2024 , for further public review and discussion. The City Council approved proceeding with preparation of building plans.

In December 2025, final permits were obtained and the completed plans were advertised for public bids to construct the new facility.

At 2 p.m. on February 5, 2026, the City Clerk opened and read the following bids for this project:

BIDDER TOTAL BID AMOUNT
Low AMG & Associates, Inc. $ 13,178,000
2nd Bernards $ 13,212,300
3rd S.J. Amoroso Construction $ 13,277,000
4th Pinner Construction Company $ 14,529,000
5th BNBuilders $ 15,431,194

The City received five bids. The project required that any contractor wishing to bid be prequalified for the bid. The pre-qualification criteria included information on experience, financial stability and reference checks. The low bidder, AMG & Associates, Inc., possesses a California State Contractor’s License Classification “A”, as require d by project specifications. A review of references for AMG & Associates, Inc. shows satisfactory completion of similar contracts for other municipalities. AMG & Associates, Inc. is currently completing Witte Hall for the City.

AMG & Associates, Inc.’s bid was 18% below the engineer’s estimate of $16 million. The difference between the low bid and the engineer’s estimate is likely associated with the current competitive construction market.

Pursuant to the contract specifications, the contractor will have 392 consecutive working days, approximately 18 months, to complete the project. A notice to proceed is estimated for April 2026 with completion in September 2027.
54 City of Newport Beach Fire Station No. 1 and Balboa Branch Library Project – Award of Contract No. 8865-5 (23F12)
February 24, 2026

FISCAL IMPACT:

Upon approval of the proposed budget amendment, the Capital Improvement Program budget includes sufficient funding for the award of this contract. The Budget Amendment appropriates $ 850,000 in additional revenue from a federal grant and $ 850,000 in increased expenditure appropriations. The revenue will be posted to account 13501- 431453-23F12, and the expenses to account 13501-980000-23F12. The following funds will be expended:

Account Description Account Number Amount
Facilities Financing Plan (FFP)
Grants (Federal Grant)
53201-980000-23F12
13501-980000-23F12
$
$
13,745,800
850,000
Total: $ 14,595,800

Proposed fund uses are as follows:

Vendor Purpose Amount
AMG & Associates, Inc. Construction Contract $ 13,178,000 AMG & Associates, Inc. Construction Contingency $ 1,317,800 Various Special Inspection Services $ 50,000
Various Printing & Incidentals $ 50,000
Total: $ 14,595,800

Contracts for Geocon West, Inc. and a contract amendment for COAR Design Group will be brought to a future Council meeting for consideration.

The Facilities Financing Plan is a long -term financial plan to fund the construction and renovation of significant community serving facilities.

On February 3, 2026, the Consolidated Appropriations Act was signed into law, providing federal funding for most government agencies though the end of the federal fiscal year.

Through this legislation, the City has received funds from the U.S. Department of Housing and Urban Development’s Community Development Fund to support the Balboa Branch Library and Fire Station No. 1 Replacement Project.

Staff recommends establishing $ 1,317,800 (10% of the total bid) for contingency purposes and unforeseen conditions associated with construction.

ENVIRONMENTAL REVIEW:

On September 24, 2024 City Council sound this project exempt from the Califor nia Environmental Quality Act ( CEQA) pursuant to Sections 15301 (Class 1 – Existing Facilities), Section 15302 (Class 2 – Replacement of Reconstruction), and 15303 (Class 3 – New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; 55 City of Newport Beach Fire Station No. 1 and Balboa Branch Library Project – Award of Contract No. 8865-5 (23F12)
February 24, 2026

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 – Location Map
Attachment B – Budget Amendment
56 VICINITY MAP
10471

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-8865-1LOCATION MAP

BALBOA BRANCH LIBRARY /
FIRE STATION NO. 1

REPLACEMENT PROJECT
01/10/23

PROJECT LOCATION
Attachment A
8-5
57 Attachment B
58 NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 24, 2026
Agenda Item No.7
ABSTRACT:

The City of Newport Beach (City) utilizes contract services for video production and programming. As part of the agreement, TV Pro Gear, Inc. streams and uploads City Council and Planning Commission meetings. The remaining contract balance is sufficient to complete the services through the current term. For the City Council’s consideration is an amendment to increase the contract by $60,000 for a new not-to-exceed limit of $180,000.

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 TV Pro Gear, Inc. to increase the contract by $60,000 for a new not -to-exceed amount of $180,000 and authorize the Mayor and City Clerk to execute the amendment.

DISCUSSION:

On December 13, 2023, the City entered contract No. 9488-1 with TV Pro Gear, Inc. to film, stream and upload City Council, Planning Commission and any special meetings to Newport Beach TV (NBTV), the City’s website, and YouTube.

Since execution of the agreement, there have been two contract extensions. As a result, the remaining contract balance is insufficient to complete the work.

Staff is proposing Amendment No. One to the professional services agreement to increase the not-to-exceed amount by $ 60,000, for a revised total contract amount of $180,000. The proposed amendment does not modify the scope of work, contract term 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: Amendment to Professional Services Agreement for Video Production and Programming Services with TV Pro Gear, Inc. (Contract No. 9488-1)
59 Amendment to Professional Services Agreement for Video Production and Programming Services with TV Pro Gear, Inc. (Contract No. 9488-1) February 24, 2026

or other substantive provisions of the agreement. The contract is set to expire on December 14, 2026.

FISCAL IMPACT:

The adopted budget i ncludes sufficient funding for the amendment. This contract is funded from the public information budget for NBTV Operations/ Program account (01020201- 871041).

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 S ection 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 – Amendment No. One to the Professional Services Agreement with TV Pro Gear Inc.
60 Attachment A
61 62
63 NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 24, 2026
Agenda Item No. 8
ABSTRACT:

On November 4, 2025, the City Council awarded Contract No. 9924-1 for Irrigation Controller Replacement Phase 3 to Superb Engineering, Inc . of Banning. This project involved upgrading irrigation controllers at various locations in the city. The work is now complete and staff requests City Council acceptance and closeout of the contract.

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) 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
$670,004 $670,004 $0 0%
Allowed Contract Time + Approved
Extensions (Days) = 90 Actual Time Used (Days) 20

This project replaced 50 existing irrigation controllers with new weather-based automated irrigation controllers at various locations (Attachment A), which will increase irrigation effectiveness while also reducing water use and costs.

The contracted work has now been completed to the satisfaction of the Public Works Department.

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 and Trees Superintendent - 949-644-3069, [email protected]
TITLE: Irrigation Controller Replacement Phase 3 – Notice of Completion for Contract No. 9924-1 (26P02)
64 Irrigation Controller Replacement Phase 3 – Notice of Completion for Contract No. 9924-1 (26P02)
February 24, 2026

A summary of the construction cost is as follows:

Original Bid Amount: $ 670,004
Actual Cost of Bid Items Constructed: $ 670,004
Total Change Orders: $ 0
Final Contract Cost: $ 670,004

The contract completion time was 90 working days to account for potential issues such as supply chain delays, however the contractor’s supplier and distributor had the necessary materials in stock allowing Superb Engineering to complete installation ahead of schedule.

A summary of the project schedule milestones is as follows:

FISCAL IMPACT:

This Irrigation Controller Replacement Project was funded by the Capital Improvement Program budget, with funds provided from t he Parks Maintenance Master Pl an (PMMP).

Funds for the construction contract were expended from the following accounts:

Account Description Account Number Amount
PMMP 57001-980000-25P02 $ 664,424
PMMP 57001-980000-26P02 $ 5,580
Total: $ 670,004

The PMMP account is funded through the General Fund.

ENVIRONMENTAL REVIEW:

On November 4 , 202 5, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1 Section 15301 (d) (rehabilitation of deteriorated facilities involving no expansion of existing 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 accordin g to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

Estimated Start of Construction per Annual Baseline Schedule December 8, 2025 Actual Start of Construction Per Notice to Proceed December 8, 2025 Estimated Completion Per Annual Baseline Schedule April 17, 2025 Substantial Completion Date Inclusive of Extra Work January 9, 2026 65 Irrigation Controller Replacement Phase 3 – Notice of Completion for Contract No. 9924-1 (26P02)
February 24, 2026

ATTACHMENT:

Attachment A – Location List
66 Attachment A
Location List
67 50
# ADDRESS AREA LOCATION STA. S1 PART NUMBER ENCLOSURE PHASE 3 NOTES 46 038-00 Roadside Dover & PCH Bus Stop 8 SA6-RM6-8-DXICA NEW SA6 1 47 039-
00 Roadside Bayside & Jamboree 16 SA6-RM6-16-DXICA NEW SA6 1 55 047-
00 Med/Roadside Ridge Park Rd. A 24 SA9-RM6-24-DXICA SS RETRO 1 56 048-00 Med/Roadside Ridge Park Rd. B 24 SA9-RM6-24-DXICA SS RETRO 1 61 053-00 Med/Roadside SJH Rd. J 24 SA9-RM6-24-DXICA SS RETRO 1 63 055-00 Med/Roadside SJH Rd. L 24 SA9-RM6-24-DXICA SS RETRO 1 64 056-00 Med/Roadside SJH Rd. M 40 SA9-RM6-40-DXICA SS RETRO 1 65 057-
00 Med/Roadside SJH Rd. N 32 SA9-RM6-32-DXICA SS RETRO 1 66 058-00 Med/Roadside SJH Rd. O 16 SA9-RM6-16-DXICA SS RETRO 1 68 060-00 Med/Roadside San Miguel B 24 SA9-RM6-24-DXICA SS RETRO 1 73 065-00 Median Irvine Ave B 8 SA9-RM6-8-DXICA SS RETRO 1 74 066-00 Median Irvine Ave. A 32 SA11-RM6-32-DXICA BB RETRO-WIDE 1 100 073-
00 Median Coast Hwy J 16 SA9-RM6-16-DXICA SS RETRO 1
101 074-00 Median Coast Hwy K 16 SA9-RM6-16-DXICA SS RETRO 1 102 075-00 Median Coast Hwy L 16 SA9-RM6-16-DXICA SS RETRO 1 103 076-00 M edian Coast Hwy M 16 SA9-RM6-16-DXICA SS RETRO 1 115 087-00 Roadside Bristol St. South A 24 SA6-RM6-24-DXICA NEW SA6 1 118 090-00 Med/Roadside Jamboree Median B 16 SA6-RM6-16-DXICA NEW SA6 1 119 091-00 Med/Roadside Jamboree Median E 24 SA03-RM6-24-DXICA SMW 1 151 122-00 Park Jasmine View Park 16 SA9-RM6-16-DXICA SS RETRO 1 152 123-
00 Median Irvine Ave. C 32 SA6-RM6-32-DXICA NEW SA6 1
153 124-00 Park Bayview Park 24 SA9-RM6-24-DXICA SS RETRO 1 167 138-00 Median Coast Hwy N 40 SA6-RM6-40-DXICA NEW SA6 1 168 139-00 Median San Miguel C 16 SA6-RM6-16-DXICA NEW SA6 1 169 140-00 Median San Miguel D 16 SA6-RM6-16-DXICA NEW SA6 1 170 141-00 Median San Miguel A 8 SA6-RM6-8-DXICA NEW SA6 1 171 142-00 Median Jamboree C 16 SA6-RM6-16-DXICA NEW SA6 1 175 146-00 Median Jamboree F 24 SA6-RM6-24-DXICA NEW SA6 1 176 147-00 Park Balboa Island Park 8 SA03-RM6-24-DXICA SMW 1 178 149-00 Med/Roadside Irvine Ave. D 16 SA6-RM6-16-DXICA NEW SA6 1 184 152-
00 Med/Roadside Coast Hwy B 32 SA6-RM6-32-DXICA NEW SA6 1 186 154-00 Med/Roadside Coast Hwy D 16 SA6-RM6-16-DXICA N EW SA6 1 187 155-
00 Med/Roadside Coast Hwy F 32 SA6-RM6-32-DXICA NEW SA6 1 188 156-00 Med/Roadside Coast Hwy H 24 SA6-RM6-24-DXICA NEW SA6 1 189 157-00 Med/Roadside Coast Hwy I 40 SA6-RM6-40-DXICA NEW SA6 1 207 175-00 Roadside River Ave. 40 SA9-RM6-40-DXICA NEW SA6 1 209 177-
00 Roadside Seashore Street Ends 24 SA6-RM6-24-DXICA NEW SA6 1 210 178-00 Med/Roadside Dover and Westcliff 24 SA6-RM6-24-DXICA NEW SA6 1 212 180-
00 Roadside Spyglass Hills Rd. A 16 SA6-RM6-16-DXICA NEW SA6 1 213 181-00 Roadside Spyglass Hills Rd. B 16 SA6-RM6-16-DXICA NEW SA6 1 214 182-00 Roadside Spyglass Hills Rd. C 16 SA6-RM6-16-DXICA NEW SA6 1 215 183-00 Roadside Spyglass Hills Rd. D 16 SA6-RM6-16-DXICA NEW SA6 1 228 196-00 Roadside Cannery Parking Lot 8 SA6-RM6-8-DXICA NEW SA6 1 242 210-
00 Med/Roadside Balboa Blvd D 40 SA6-RM6-40-DXICA NEW SA6 1 243 211-
00 Med/Roadside Balboa Blvd C 40 SA6-RM6-40-DXICA NEW SA6 1 244 212-
00 Med/Roadside Balboa Blvd B 32 SA6-RM6-32-DXICA NEW SA6 1 245 213-
00 Med/Roadside Balboa Blvd A 24 SA6-RM6-24-DXICA NEW SA6 1 272 233-
00 Median Dover Median A TW SA11-RM6-TW-DXICA BP RETRO-WIDE 1 273 233-01 Median Dover Median B TW SA11-RM6-TW-DXICA BP RETRO-WIDE 1 277 237-00 Roadside Park Ave. D 8 SA03-RM6-8-DXICA SWM 1 50 68

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 24, 2026
Agenda Item No. 9
ABSTRACT:

The sum of $30,000 has been provided in Fiscal Year 2025-26 to fund specific cultural or artistic programs as approved by the City Council. The City Arts Commission has the responsibility to review all programs and requests for support from arts groups and make recommendations for funding to the City Council. The Arts Commission reviewed grant funding proposals from eight local arts organ izations and recommends funding for all eight organizations, totaling $30,000.

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 recommended recipients for Fiscal Year 2025 -26 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy I -10, Culture and Arts Grants.

DISCUSSION:

City Council Policy I -10, Culture and Arts Grants (Attachment A ) recognizes the importance of promoting culture and arts within Newport Beach. In Fiscal Year 2025 -26, $30,000 is budgeted for specific cultural or artistic programs as approved by the City Council.

The City Arts Commission (Commission) is responsible fo r reviewing all programs and requests for support from arts groups and then making recommendations for funding to the City Council for its review and approval. City Council Policy I -10 defines arts groups as those involved in visual, musical, theater, danc e, crafts, performing and literary activities. The Commission considers the following in order of preference for granting support:

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Melissa Hartson, Library Services Director - 949-717-3801, [email protected]
PREPARED BY: Rebecca Lightfoot, Library Services Manager - 949-717-3819, [email protected]
TITLE: Cultural Arts Grants Fiscal Year 2025-26
69 Cultural Arts Grants Fiscal Year 2025-26
February 24, 2026

1. Local arts groups located within the City of Newport Beach and offering programs to city residents; and

2. Regional arts groups located in Orange County and offering programs to city residents; and

3. Arts groups located in California and performing or offering programs to city residents.

Groups not offering programs or services to local residents are not eligible for support from the City.

The Commission received written grant proposals from eight organizations, which combined total ed $34,700 for free cultural arts programming for the Newport Beach community in Fiscal Year 2025-26. Grant applications included:

ORGANIZATION REQUEST
Backhausdance $4,000
Baroque Music Festival, Corona del Mar $4,500
Choral Arts Initiative $3,500
Emerald Magic Events Inc. $5,000
Pacific Chorale $5,000
Pacific Symphony $5,000
South Coast Repertory $5,000
Wildlife Jewels $2,700
TOTAL FUNDING $34,700
The Commission considered the eight applications using the guidance as defined in City Council Policy I-10. Furthermore, each arts organization was evaluated considering the following additional criteria:

Baseline Criteria:
 application and report complete and on time
 arts organization (not individual artists)
 nonprofit organization
 Newport Beach geographic focus
Selective Criteria:

I. Service to the Public
 promotion and outreach
 audience development and participation
 safety and accessibility
 program diversity
 community service
II. Artistic/Programmatic Excellence
 ideas and creativity
 production
70 Cultural Arts Grants Fiscal Year 2025-26
February 24, 2026

III. Managerial/Fiscal Competence
 mission and goals
 organizational management
 financial management

After careful deliberation, the Co mmission approved grant funding for eight arts organizations, totaling $30,000, at its regular meeting on February 12, 2026.

The recommended grantees and funding include:

ORGANIZATION RECOMMENDED AMOUNT
Backhausdance $4,000
Baroque Music Festival, Corona del Mar $4,500
Choral Arts Initiative $3,000
Emerald Magic Events Inc. $4,000
Pacific Chorale $5,000
Pacific Symphony $5,000
South Coast Repertory $3,000
Wildlife Jewels $1,500
TOTAL FUNDING $30,000

Backhausdance will present Dance Expressions: Creativity and Choreography, a school- community based contemporary dance residency in partnership with Newport-Mesa Unified School District (NMUSD) secondary schools (Corona del Mar Middle/High School, Back Bay High School and Newport H arbor High School) from September -December 2026, and culminating in a Fall 2026 Student Showcase. This program offers students an immersion into working with a professional dance company.

The Baroque Music Festival, Corona del Mar, will present music by Handel. Grant funds will support fees and travel for two soloists and eight L os Angeles-based singers. They will also subsidize student rush tickets, open dress rehearsals , and a Baroque 101 symposium for local music educators, students, festival subscribers and donors. Newport Beach NMUSD students will be able to attend the dress rehearsal and opening concert in June, and will learn about the detailed dress rehearsal process, ask questions and explore instruments.

Choral Arts Initiative proposes Memory and Renewal, a public contemporary choral performance in May 2026 featuring works exclusively by living composers and offers Newport Beach residents an engaging artistic experience centered on themes of memory, community and renewal.

Emerald Magic Events will present Classical in the Park , featuring two classical music concerts at the Bonita Creek Community Center and the Newport Beach Junior Lifeguard Building in August and September 2026, respectively. The concert s will showcase performers from the Orange County Youth Symphony, showcasing their talent alongside professional musicians.

71 Cultural Arts Grants Fiscal Year 2025-26
February 24, 2026

Pacific Chorale's chamber choir will present a performance of Eric Whitacre’s The Sacred Veil at Our Lady Queen of Angels Church in March 2026. This deeply moving work – created in collaboration with poet Charles Anthony Silvestri – traces a journey of love, loss and healing. The program will also feature Whitacre’s transcendent Three Songs of Faith. The Chorale will also present December’s Carols by Candlelight, a favorite of locals and visitors alike.

Pacific Symphony will use grant funds for the Class Act Music Education Program at Newport Coast Elementary School. This program places union musicians into local schools where students receive the value of music learning from teaching artists.

South Coast Repertory will utilize grant funding for the Theatre for Young Audiences free school-day matinee performances of Cinderella: A Salsa Fairy Tale, a bilingual family - friendly musical, including 14 free school -day matinees for local students from schools within Newport Beach.

Wildlife Jewels will use the grant to fund a new visual arts program consisting of three free public-collaborative painting events where Newport Beach residents will collectively create three-large-scale artworks on textile canvas, culminating in a public community showcase event. The project promotes community involvement and awareness of the visual arts while celebrating Newport Beach’s coastal wildlife and sense of place.

FISCAL IMPACT:

The adopted budget includes sufficient funding for this purchase. It will be expensed to the City Grants account in the Cultural and Arts Division, 01060603-821006.

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 activi ty 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 – City Council Policy I-10, Culture and Arts Grants 72 I-10
1 CULTURE AND ARTS GRANTS
The City Council hereby recognizes the importance of promoting culture and the arts within Newport Beach. Pursuant to City Council Policy A-12, the City budget specifically allows the City Council to direct revenue towards worthy projects and programs which the City Council deems beneficial to the quality of life for Newport Beach’s resident s. A number of individuals and groups have been organized with the express purpose of developing and promoting culture, theatre and the arts.

In regard to the City's role in financially sponsoring art and cultural events, up to $55,000 shall be expended from the General Fund for culture and arts grants each fiscal year. The City Arts Commission shall review all programs and requests for support from arts groups. The Commission shall forward its recommendations for funding to the City Council for final approval. For the purpose of this policy, arts groups shall be defined as those involved in visual, musical, theatre, dance, crafts, performing and literary activities.

The following priorities shall be considered by the Commission. The order of preference for granting support shall be as follows:

A. Local arts groups located within the City and offering programs to City residents; B. Regional arts groups located in Orange County and offering programs to City residents; and C. Arts groups located in California and performing or offering programs to City residents.

Groups not offering programs or services to local residents shall not be eligible for support from the City.

History
Adopted F-20 – 5-11-1981 (“Reserve Fund for Culture and Arts”) Amended F-22 – 6-22-1981
Adopted I-20 – 1-24-1983 (“Co-Sponsorship for Cultural Events and Arts Groups”) Amended F-20 – 11-14-1983
Amended F-20 – 1-23-1984
Amended F-20 – 3-28-1988
Amended F-20 – 10-28-1991
Created I-12 – 1-24-1994 (incorporating I-20 and F-20, and renaming “Financial Support for Culture and Arts”)
Amended I-12 – 5-8-2001
Amended I-12 - 4-8-2003 (changed to I-10)
Amended I-10 – 8-8-2017
Amended I-10 – 11-12-2024

ATTACHMENT A
73 NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 24, 2026
Agenda Item No. 10
ABSTRACT:

The City of Newport Beach receives funds each year through the U. S. Department of Housing and Urban Development (HUD) program for Community Development Block Grants (CDBG), to benefit those with low and moderate incomes, aid in the prevention of neighborhood deterioration, and meet other urgent community development needs. After the City Council’s July 2025 approval of the CDBG 2025 -2029 Consolidated Plan and 2025-2026 Annual Action Plan, s taff identif ied an opportunity to use CDBG funds to complete a capital project to make Americans with Disability Act (ADA) accessibility improvements to public sidewalks, driveways, access ramps, etc. at various locations throughout the city. Pursuant to HUD regulations, adding a new activity constitutes a substantial amendment to the Annual Action Plan and requires a public hearing prior to submission to HUD. For the City Council’s consideration is an Amendment which allocates $750,000 in CDBG funds to a citywide ADA improvements project, which will support accessibility improvements throughout the city.

RECOMMENDATIONS:
a) Conduct a public hearing to receive comments on the Draft Substantial Amendment to the 2025-2026 Annual Action Plan;
b) Find the approval of the Substantial Amendment to the 2025-2026 Annual Action Plan exempt from the National Environmental Policy Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34;

c) Find the approval of the Substantial Amendment to the 2025-2026 Annual Action Plan is 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;

d) Adopt Resolution No. 2026- 14, A Resolution of the City Council of the City of Newport Beach, California, Approving a Substantial Amendment to the 2025 -2026 Annual TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jaime Murillo, Community Development Director - 949-644-3209, [email protected]
PREPARED BY: Lauren Wooding Whitlinger, Real Property Administrator - 949-644- 3236, [email protected]
TITLE: Resolution No. 2026-14: Substantial Amendment to the 2025-2026 Annual Action Plan for the Federal Community Development Block Grant Program
74 Resolution No. 2026-14: Substantial Amendment to the 2025-2026 Annual Action Plan for the Federal Community Development Block Grant Program February 24, 2026

Action Plan for the Federal Community Deve lopment Block Grant Program (Attachment A); and

e) Authorize the City Manager to:

1. Submit the Substantial Amendment to the 2025-2026 Annual Action Plan to HUD;

2. Execute all related documents on behalf of the City; and

3. Authorize the Community Development Director, or his/ her designee, to be the official representative of the City of Newport Beach, and to submit required environmental documentation for CDBG projects.

DISCUSSION:

The City proposes the addition of a CDBG activity previously not described in the 2025- 2026 Annual Action Plan (Action Plan). Pursuant to HUD regulations, these changes are considered a “Substantial Amendment” to the 2025-2026 Annual Action Plan and require specific citizen participation actions before approval by the City Council a nd submission to HUD. The 2025-2026 Annual Action Plan is the first year Action Plan of the 2025-2029 Consolidated Plan, which was previously approved by the City Council on July 22, 2025.

This Amendment will program a total of $750,000 of unallocated CDBG funds from this program year and previous year s’ grant balances for use in the current fiscal year, as shown in Table 1 below, towards a citywide ADA improvements project (Project).

Table 1
CDBG Funding Distribution for Project
Funding Source Amount
FY2025-26 - Unallocated balance $238,724
FY2024-25 - Grant balance $310,340
FY2023-24 - Grant balance $200,936
Total Funding $750,000

The Project was established in accordance with the priority needs and goals of the 2025- 2029 Consolidated Plan. Priority Number 4 of the 2025 -2029 Consolidated Plan is to Improve Public Facilities and Infrastructure. This Project involves the removal and replacement of concrete to meet ADA compliance for sidewalks, parkways, driveways, access ramps, cross gutters, curbs, and/or gutters. Improvements will occur throughout 103 total locations in the city and will serve to benefit 6,669 people with disabilities. The Project will be considered for award and approval under a subsequent agenda item at the same meeting this amendment is being considered, on February 24, 2026.

75 Resolution No. 2026-14: Substantial Amendment to the 2025-2026 Annual Action Plan for the Federal Community Development Block Grant Program February 24, 2026

Community Outreach
To allow interested residents the opportunity to review and comment on the proposed changes, a notice was published in the Daily Pilot and posted on the City’s website on January 24, 2026. Notice was also emailed to all parties that have signed up to recei ve notifications from the Planning Division, informing the general public of the availability of the Amendment document for public review and opportunity for comment. A 30-day public review period commenced on January 24, 2026, and concludes on February 24, 2026, with this public hearing before the City Council when it considers the Amendment. At the time this staff report was written, no public comments had been received. Additionally, the current adopted Citizen Participation Plan requires that a public h earing be held to receive testimony from interested residents or parties regarding the Amendment ; t his public hearing fulfills this requirement.

FISCAL IMPACT:

This item provides for City Council approval of expenditures for $750,000 in CDBG funds for the 2025-26 fiscal year. Funds include $238,724 of unallocated FY2025 -26 CDBG funds, and $511,276 of carryover FY2024-25 and FY2023-24 CDBG funds. There is no fiscal impact on the General Fund.

ENVIRONMENTAL REVIEW:

This activity is categorically excluded under 24 CFR Part 58, Section 58.34 of the National Environmental Policy Act of 1969 (NEPA) and converts to Exempt under the statute. The purpose of this project is to improve safety and access disabled persons and the elderly citywide.

Staff recommends the C ity Council find approval of the Substantial Amendment to the 2025-2026 Annual Action Plan is 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.

NOTICING:

In accordance with HUD regulations, a Draft Substantial Amendment to the 2025 -26 Annual Action Plan was made available for a 30 -day public review and comment period from January 24, 2026, to February 24, 2026, and a public notice regarding this public hearing was published concurrently for this public hearing before the City Council. The Draft Amendment was made available for public review and comment online on the City’s website on January 24, 2026, and was available for review at City Hall located at 100 Civic Center Drive, Newport Beach, California 92660 in the City Clerk’s Office and the Community Development Department, and at the Central Library at 1000 Avocado Avenue, Newport Beach, California 92660.
76 Resolution No. 2026-14: Substantial Amendment to the 2025-2026 Annual Action Plan for the Federal Community Development Block Grant Program February 24, 2026

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. 2026-14
77 Attachment A
Resolution No. 2026-14
78 RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, APPROVING A
SUBSTANTIAL AMENDMENT TO THE 2025-2026

ANNUAL ACTION PLAN FOR THE FEDERAL

COMMUNITY DEVELOPMENT BLOCK GRANT

PROGRAM
WHEREAS, the City of Newport Beach ("City") participates in the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program;
WHEREAS, HUD requires the City to prepare a Five Year Consolidated Plan for the use of HUD grant programs outlining the use of the CDBG funds and the strategic vision for housing and community development in the City; WHEREAS, the City Council adopted Resolution No. 2025-51 on July 22, 2025, approving the 2025-2029 Consolidated Plan, the 2025-2026 Annual Action Plan, and the Citizen Participation Plan for the CDBG Program;
WHEREAS, the 2025-2026 Annual Action Plan ("Action Plan") appropriates the CDBG annual grant and other available grant funds during the fiscal year; WHEREAS, subsequent to City Council approval of the Action Plan, staff identified an opportunity to utilize unallocated CDBG funds to improve public facilities and infrastructure with Americans with Disabilities Act ("ADA") accessible concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters; WHEREAS, a citywide ADA capital improvement project ("Citywide ADA Project") is a CDBG eligible activity and is consistent with the City's 2025-2029 Consolidated Plan; WHEREAS, a substantial amendment to the Action Plan is necessary to add the Citywide ADA Project capital activity not previously described in the Action Plan; WHEREAS, in the event of a substantial amendment to an annual action plan, the Citizen Participation Plan requires a thirty day public review period followed by a public hearing prior to adoption;
WHEREAS, in accordance with the Citizen Participation Plan, on January 24, 2026, the City published notices in the Daily Pilot newspaper and on the City's website, and provided an electronic mailing notification to interested stakeholders, announcing that the Draft Substantial Amendment to the 2025-2026 Annual Action Plan ("Substantial 79 Resolution No. 2026-

Amendment”) would be availableto the publicfor review and comment from January 24, 2026 to February 24, 2026;
WHEREAS, a publichearing was held by the CityCouncil on February 24, 2026, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, Californiaregarding the SubstantialAmendment. A notice of time, place and purpose of the public hearing was given in accordance with CaliforniaGovernment Code Section 54950 et seq. and 24 C.F.R. Part 91; and
WHEREAS, the CityCouncil desires to amend the 2025-2026 Annual Action Plan and approve the Substantial Amendment to the 2025-2026 Annual Action Plan.

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

The CityCouncil hereby approves the SubstantialAmendment to the 2025-2026 Annual Action Plan as provided in ExhibitA, attached hereto and incorporated herein by reference.

Section 1:

The City Council does hereby authorize; (a) the City Manager, or designee, to; 1) submit the 2025-2026 Annual Action Plan as amended to HUD and 2) execute allsubrecipientagreements with the organizations receivingallocationsof CDBG funds in the 2025-2026 Annual Action Plan as amended; and (b) the Community Development Director,or designee, to be the officialrepresentative of the City to administer the program and submit the required environmental documentation to HUD for CDBG projects.

Section 2:

The City Council findsthe approval of the Substantial Amendment to the 2025-2026 Annual Action Plan isexempt under 24 CFR Part 58, Section 58.34 of the National Environment PolicyAct of 1969, as amended.

Section 3:

The recitalsprovided in this resolution are true and correct and are incorporated intothe operative portionof thisresolution.

Section 4:

If any section, subsection, sentence, clause or phrase of this resolutionisfor any reason held to be invalidor unconstitutional, such decision shall not affectthe validityor constitutionalityof the remaining portionsof thisresolution.The City Council hereby declares that itwould have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespectiveof the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 5:
80 Resolution No. 2026-

The City Council findsthe adoption of thisresolutionisnot subject to the CaliforniaEnvironmental QualityAct (“CEQA”) pursuant to Sections 15060(c)(2) (the activitywillnot resultina director reasonably foreseeable indirectphysicalchange inthe environment) and 15060(c)(3) (the activityis not a projectas defined in Section 15378) of the CEQA Guidelines, CaliforniaCode of Regulations, Title14, Division6, Chapter 3, because ithas no potentialforresultingin physicalchange to the environment, directlyor indirectly.

Section 6:

This resolutionshalltake effectimmediately upon itsadoption by the City Council, and the City Clerk shallcertifythe vote adopting thisresolution.

Section 7:

ADOPTED this24th day of February, 2026.

Lauren Kleiman
Mayor
ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY’S OFFICE
Aaron C. Harp
CityAttorney
Attachment; Exhibit A - Substantial Amendment to the 2025-2026 Annual Action Plan 81 Community Development Block Grant Program
Substantial Amendment
Annual Action Plan
FY 2025-2026

CITY OF NEWORT BEACH
82 NEWPORT BEACH CITY COUNCIL
Lauren Kleiman
Mayor
Noah Blom
Mayor Pro Tern
Joe Stapleton
Councilmember
Michelle Barto
Councilmember
ErikWeigand
Councilmember
Robyn Grant
Councilmember
Sara J. Weber
Councilmember
2025-2026 Substantial Amendment to the
Annual Action Plan

NEWPORT BEACH
83 Table of Contents
Executive Summary
Background
Proposed Amendment to the Action Plan
1 1
1 Expected Resources
AP-15 Expected Resources-91.220(c)(l,2)
AP-20 Annual Goals and Objectives
AP-35 Projects-91.220(d)
AP-38 ProjectSummary
5 5
6 7
8 List of APPENDICES
APPENDIX A- Public Comments
APPENDIX B - Proof of Publication
2025-2026 Substantial Amendment to the
Annual Action Plan

NEWPORT BEACH
84 Executive Summary
Background
The City of Newport Beach proposes the addition of a Community Development Block Grant (CDBG) activitypreviously not described in the 2025-2026 Annual Action Plan (Action Plan).

Pursuant to U.S. Department of Housing and Urban Development (HUD) regulations,these changes are considered a "SubstantialAmendment" to the 2025-2026 Action Plan and require specificcitizenparticipationactionsbefore approval by the CityCouncil and submission to HUD.

To allow interested residentsthe opportunity to review and comment on the proposed changes, the Citypublished a publicnotice inthe DailyPilotand on the Citywebsite on January 24, 2026, informing residentsof the availabilityof the SubstantialAmendment document for publicreview and comment. This public review and comment period isopen for a period of 30 days, from January 24, 2026, to February 24, 2026. The publicreview and comment period concludes with a publichearing before the CityCouncilon February 24, 2026, at 4:00 p.m., when the CityCouncil will consider the amendment.

Proposed Amendment to the Action Plan
The 2025-2026 Annual Action Plan isthe firstyear Action Plan of the 2025-2029 Consolidated Plan. Both documents were approved by the Cityon July22, 2025. This Amendment willprogram unallocated CDBG funds from thisprogram year and previous year grant balances for use in the current FiscalYear (FY2025-26), as shown in the table below. This Amendment will allocate $750,000 of these funds towards the Citywide ADA Improvements Project No. 26R12.

CDBG Funding Distributionfor ADA Improvements Project
Grant Number HUD Program Amount
$238,724B-25-MC-06-0546 (unallocated
balance)
Community Development
Block Grant
$310,340B-24-MC-06-0546 (grant
balance)
Community Development
Block Grant
$200,936B-23-MC-06-0546 (grant
balance)
Community Development
Block Grant
$750,000TOTAL FUNDING
2025-2029 Consolidated Plan NEWPORT BEACH 1
OMB ControlNo: 2506-0117 (exp.09/30/2021)
85 The Citywide ADA Improvements Projectwas establishedin accordance with the priorityneeds and goals of the 2025-2029 Consolidated Plan.Prioritynumber 4 of the 2025-2029 Consolidated Plan isto Improve PublicFacilitiesand Infrastructure.This project involvesthe removal and replacement of concrete through improvements to meet ADA compliance for sidewalks, parkways, driveways, access ramps, cross gutters,curbs, and/or gutters. Locations occur throughout the Cityof Newport Beach and include103 total locations.

Improve PublicFacilitiesand InfrastructurePriorityNeed Name4 PriorityLevel High
Extremely Low, Low,
Moderate Persons with
PhysicalDisabilities
Non-housing Community Development
Population
Geographic Areas Affected Citywide Area
Public Facilitiesand InfrastructureImprovements.Associated Goals Newport Beach has a continuing need to maintain and
enhance existingpublicfacilitiesand infrastructuressuch as community centers, parks, streets,sidewalks, alleys, and other facilitiesand infrastructurein the City.These needs include ensuring that publicfacilitiesare ADA accessibleto ensure access for all residents.

Description
Basis for Relative Priority Addressing publicfacilityneeds and maintaining aging facilitiesespeciallywithinthe CDBG Low/Moderate Income
Census Tract Target Area willimprove the
qualityof lifefor residentswithin the area.
2025-2029 Consolidated Plan, PriorityNeed #4: Improve Public Facilities and Infrastructure 2025-2029 Consolidated Plan NEWPORT BEACH 2
OMB ControlNo: 2506-0117 (exp.09/30/2021)
86 SUBSTANTIAL AMENDMENT
2025-2026 ANNUAL ACTION PLAN
FEBRUARY 24, 2026
Project Name Citywide ADA Improvements Project No. 26R125 CitywideTarget Area
Goals Supported PublicFacilitiesand InfrastructureImprovements Needs Addressed Improve Public Facilitiesand Infrastructure CDBG: $750,000Funding
Description The removal and replacement of concrete through improvements to meet ADA compliance for
sidewalks,parkways, driveways,access ramps,
cross gutters,curbs, and/or gutters.
6/30/2026Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
6,669 persons
Location Description Citywide locations:

Eastbluff,Vista Del Oro -17 locations
Aralia Street - 4 locations
Alta Vista Drive - 7 locations
Arbutus Street - 3 locations
Aleppo Street- 3 locations
Almond Place - 1 location
Beilis Street - 2 locations
Basswood Street - 2 locations
Bamboo Street - 4 locations
Bunya Street - 1 location
Blackthorn Street - 1 location
Citrus Place - 1 location
Cercis Place - 1 location
Carob Street - 3 locations
Cassia Street - 1 location
Catalpa Street - 2 locations
Newport North
2025-2029 Consolidated Plan NEWPORT BEACH 3
OMB ControlNo: 2506-0117 (exp.09/30/2021)
87 o La Salud-2 locations
o La Vida - 1 location
o Bayswater-1 location
Bayview Heights
o Bayview Way - 2 locations
o Bayview Place -1 location
o Mesa Drive-4 locations
o Orchard Drive - 2 locations
o Spruce Street -1 location
o Birch Street - 1 location
Anniversary Tract
o Anniversary Lane - 2 locations
o Golden Circle-1 location
o UniversityDrive - 2 locations
Airport Area
o Quail Street - 4 locations
o Dove Street-4 locations
o Dolphin-StrikerWay-1 location
o Corinthian Way - 1 location
Golf Course Streets,Pegasus Street- 1 location
Mariners
o 23'"'^Street - 1 location
o Tustin Avenue - 3 locations
o Francisco Drive - 2 locations
o Holiday Road - 2 locations
o Hampshire Circle-1 location
o Dover Drive - 1 location
o Castaway Park - 1 location
Newport Heights,CliffDrive- 1 location
Talbert Park, Balboa Boulevard -1 location
Corona Del Mar, Crown Drive - 1 location
Balboa Peninsula
o Channel Place - 2 locations
o Marcus Avenue - 1 location
East Bay, Back Bay Drive - 1 location
Planned Activities ADA Improvements
2025-2029 Consolidated Plan NEWPORT BEACH 4
OMB ControlNo; 2506-0117 (exp.09/30/2021)
88 Expected Resources
AP-15 Expected Resources-91.220(c)(l,2)
Introduction
For program year 2025-2026,the Cityreceived$402,015 inCDBG funds from HUD and anticipates $315,000 of program income. Inaddition,the Cityhas $511,276 of prioryear resourcesavailable during the program year. In total,the Cityhas $1,228,291 in available expected resources for FY2025-26.

Anticipated Resources
Expected Amount Available Year 1Uses of FundsSource Expected Amount
Available
Remainder
of ConPlan
Narrative
Description
Program
of Annual
Allocatio
Program
Income:

Prior
Year
Resource
Total:

Funds $
$n:
$ s:

S$
public-
federal
Acquisition
Admin and
Planning
Economic
Development
Housing Public
Improvements
Public Services
CDBG The City
anticipates
having
$717,015 in
funds available
each year
during this
Consolidated
Plan cycle.
$402,015 $315,000 $511,276 $1,228,291 $2,868,060
Table 1 - Expected Resources
2025-2029 Consolidated Plan NEWPORT BEACH 5
OMB ControlNo: 2506-0117 (exp.09/30/2021)
89 Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort start
Year
End Geographic
Area
Goal Outcome
Indicator
Goal Name Category Needs Addressed FundingOrder Year
Non-Housing
Community
Development
AffirmativelyFurther
FairHousing
CDBG:
$12,000
Households:
2025 2026 Citywide1 • Promote FairHousing 100
Expand Affordable
Housing
Opportunities
• Preserve and increase
the supply of Affordable
Housing
CDBG: Housing Units:Affordable Housing2 2025 2026 Citywide $0 0 • Support Community and
Homeless Services
Provide or Improve
Access to Com munity
and Homeless
Services
Non-Housing
Community
Development
CDBG:
$60,000
3 2025 2026 Citywide Persons: 130
Improve and
Enhance Public
Facilitiesand
Infrastructure
• Enhance Public Facilities
and Infrastructure
Non-Housing
Community
Development
Low/Mod
Census Tract
CDBG:
$750,000
2025 20264 Persons: 6,669
• Promote Economic
DevelopmentSupport Businesses & Non-Housing
Community
Development
CDBG:

Job5 2025 2026 Citywide Businesses: 0
$0
Creation/Retention
Support Programs
through Program
Administration
Planning and
Administration
• Support Programs
through Program
Administration
CDBG:
$80,700
6 2025 2026 Citywide Other: 1
Table 2 - Goals Summary
2025-2029 Consolidated Plan NEWPORT BEACH 6
OMB ControlNo: 2506-0117 (exp.09/30/2021)
90 Projects
AP-35 Projects- 91.220(d)
Introduction
To address the high priorityneeds identifiedinthe StrategicPlan,the Cityof Newport Beach will investCDBG funds inprojectsthat develop provide fairhousing services,provide servicesto low- and moderate-income residents,prevent homelessness and strengthen economic opportunities.

Together, these projectswilladdress the needs of low- and moderate-income Newport Beach residents.

Projects
# Project Name
Program Administration1
2 FairHousing Services

3. Meals on Wheels OC: Home Delivered Meals
Newport Beach: CityMotel Voucher Program4.

S. Citywide ADA Improvements ProjectNo. 26R12
Table 46 - Project Information
Describe the reasons forallocationprioritiesand any obstaclesto addressing underserved needs
The City of Newport Beach has prioritizedthe use of its non-administrative Community Development BlockGrant (CDBG) funds forthe 2025-2026 program year to support projectsand servicesthat directlybenefitlow- and moderate-income residents.

Reasons for Allocation Priorities
Funding decisionsare based on the goals identifiedinthe StrategicPlan and informed by data from the Needs Assessment, community input,and consultationwith localserviceproviders.

Priorityisgiven to:
• Publicserviceprograms supporting low- and moderate-income households • Activitiesthat help prevent homelessness
• Economic development initiativesthat create or expand opportunitiesfor income stability • Publicfacilitiesand infrastructureimprovement projectsthat support maintenance, enhancement, and accessibility
These prioritiesalignwith the City'sbroader goalsof promoting housing stability,community well being,and economic mobility.
2025-2029 Consolidated Plan
OMB ControlNo: 2506-0117 (exp.09/30/2021)
NEWPORT BEACH 7
91 AP-38 Project Summary
ProjectSummary Information
Citywide ADA Improvements Project No. 26R125 Project Name CitywideTarget Area
Goals Supported Public Facilitiesand InfrastructureImprovements Improve Public Facilitiesand InfrastructureNeeds Addressed CDBG: $750,000Funding
Description The removal and replacement of concrete through improvements to meet ADA compliance for
sidewalks, parkways, driveways, access ramps,
cross gutters,curbs,and/or gutters.
6/30/2026Target Date
Estimate the number and type of
families that will benefit from the
proposed activities
6,669 persons
Citywide locations:
• Eastbluff,Vista Del Oro -17 locations
• Aralia Street - 4 locations
• Alta Vista Drive - 7 locations
• Arbutus Street-3 locations
• Aleppo Street-3 locations
• Almond Place - 1 location
• Beilis Street-2 locations
• Basswood Street - 2 locations
• Bamboo Street-4 locations
• Bunya Street-1 location
• Blackthorn Street - 1 location
• Citrus Place - 1 location
• Cercis Place -1 location
• Carob Street-3 locations
• Cassia Street - 1 location
• Catalpa Street- 2 locations
• Newport North
o La Salud - 2 locations
o La Vida - 1 location
o Bayswater - 1 location
Location Description
2025-2029 Consolidated Plan NEWPORT BEACH 8
OMB ControlNo: 2506-0117 (exp.09/30/2021)
92 • Bayview Heights
o Bayview Way-2 locations
o Bayview Place - 1 location
o Mesa Drive - 4 locations
o Orchard Drive - 2 locations
o Spruce Street - 1 location
o Birch Street - 1 location
• Anniversary Tract
o Anniversary Lane - 2 locations
o Golden Circle -1 location
o UniversityDrive-2 locations
• Airport Area
o Quail Street - 4 locations
o Dove Street-4 locations
o Dolphin-StrikerWay - 1 location
o Corinthian Way-1 location
• Golf Course Streets,Pegasus Street- 1 location
• Mariners
o 23'^'*Street - 1 location
o Tustin Avenue - 3 locations
o Francisco Drive - 2 locations
o Holiday Road-2 locations
o Hampshire Circle- 1 location
o Dover Drive - 1 location
o Castaway Park - 1 location
• Newport Heights,CliffDrive - 1 location
• Talbert Park, Balboa Boulevard -1 location
• Corona Del Mar, Crown Drive - 1 location
• Balboa Peninsula
o Channel Place - 2 locations
o Marcus Avenue - 1 location
• East Bay, Back Bay Drive - 1 location
Planned Activities ADA Improvements
2025-2029 Consolidated Plan NEWPORT BEACH 9
OMB ControlNo: 2506-0117 (exp.09/30/2021)
93 Program SpecificRequirements
AP-90 Program SpecificRequirements - 91.220(l)(l,2,4)
Introduction:

A descriptionof allCDBG funds expected to be availableduring the 2025-26 program year is provided in Section AP-35 (Projects)of the Action Plan. The City has no urban renewal settlements,grant funds returned to the lineof creditor income from float-funded activities.

Projectsplanned with allCDBG funds expected to be availableduring the year are identifiedinthe ProjectsTable.The followingidentifiesprogram income that is available for use that is included in projectsto be carried out.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(I){1)
The totalamount of program income that willhave been received before the start of the next program year and that has not yet been reprogrammed.

1. 0
The amount of proceeds from section 108 loan guarantees that willbe used during the year to address the priorityneeds and specificobjectivesidentifiedinthe grantee's strategicplan.

2. 0
The amount of surplusfunds from urban renewal settlements3. 0 The amount of any grantfunds returned to the lineof creditforwhich the planned use has not been included ina priorstatement or plan.

4. 0
The amount of income from float-funded activities5. 0
Total Program Income: 0
Other CDBG Requirements
The amount of urgent need activities1. 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit- A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds isused to benefit persons of low and moderate income. Specifythe years covered that include this Annual Action Plan.
100%
2025-2029 Consolidated Plan NEWPORT BEACH 10
OMB ControlNo: 2506-0117 (exp.09/30/2021)
94 APPENDIX A:

CITIZEN PARTICIPATION
95 APPENDIX B:

PROOF OF PUBLICATION
96 NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 24, 2026
Agenda Item No.11
ABSTRACT:

For the City Council’s consideration is a resolution amending various provisions of the Newport Beach City Council Policy Manual and rescinding Council Policy D -4 (Innovation/Improvement Incentive Program). These proposed amendments are the result of the Ad Hoc Council Policy Review Committee which was formed in January 2025 to evaluate and recommend updates to the Council’s Policy Manual.

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. 2026-15, A Resolution of the City Council of the City of Newport Beach, California, Amending Various Provisions of the Newport Beach City Council Policies and Rescinding Council Policy D-4
DISCUSSION:

On January 14, 2025, the City Council ad opted Resolution No. 2025-5, establishing the Ad Hoc Council Policy Review Committee which consisted of Mayor Lauren Kleiman and Councilmembers Joe Stapleton and Sara J. Weber. The Committee was tasked with reviewing the City Council Policy Manual to ensure the policies are current, clearly written and concise.

Over the course of its review, the Committee evaluated existing policies for relevancy, redundancy, clarity, and consistency with the City Charter, Municipal Code, and established administrative practices. The Committee identified several policies that would 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: Approval of Proposed Revisions to Various Council Policies 97 Approval of Proposed Revisions to Various Council Policies February 24, 2026

benefit from clarification, consolidation or modernization . The proposed amendments affect the following policies:

A – Mayor/Council/Commissions
 A-1 – City Council
 A-2 – Boards, Commissions, and Committees
 A-12 – Discretionary Grants
 A-17 – Newport Beach City Council Airport Policy
B- Recreation & Senior Services
 B-1 – Park Fee Policy
 B-9 – Naming of City Parks/Public Facilities & Plaque Dedications  B-13 – Public Use of City Facilities
D – City Manager
 D-9 – Economic Development Policy
F – Finance
 F-7 – Income and Other Property
 F-8 – City Travel Policy Statement
 F-14 – Contract Procurement and Authority to Contract  F-27 – Policy and Procedures for Distribution of Tickets and Passes G – General Services
 G-1 – Retention, Removal, and Maintenance of City Trees  G-6 – Maintenance and Planting of Parkway Trees
L – Public Works/Traffic/Utilities
 L-16 – Temporary Banners Extending Over or Within the Public Right-of-Way  L-23 – The Siting of Wireles s Telecommunications Equipment on City -Owned Property
The revisions are intended to improve organization, eliminate outdated references, clarify roles and responsibilities, and ensure internal consistency across the Policy Manual. In 98 Approval of Proposed Revisions to Various Council Policies February 24, 2026

many cases, changes ar e administrative in nature and do not alter substantive policy direction but instead refine language for clarity and efficiency.

The Committee also reviewed Council Policy D -4 (Innovation/Improvement Incentive Program) and concluded that it functions better as an administrative policy than a formal Council policy. Rescinding Policy D -4 will help keep the Council Policy Manual focused on governance matters while allowing staff to manage innovation initiatives administratively.

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 Secti on 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 Brow n Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Resolution No. 2026-15 (including revised council policies) Attachment B – Redline
99 RESOLUTION NO. 2026-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWPORT BEACH, CALIFORNIA, AMENDING VARIOUS

PROVISIONS OF THE NEWPORT BEACH CITY COUNCIL
POLICIES AND RESCINDING COUNCIL POLICY D-4

WHEREAS, the City of Newport Beach (“City”) is governed, in part, by its City Charter, the Newport Beach Municipal Code, and the policies (“Policies”) adopted by the Newport Beach City Council (“City Council”);

WHEREAS, on January 14, 2025, the City Council adopted Resolution No. 2025- 5, creating the Ad Hoc Council Policy Review Committee (“Council Committee”) comprised of Mayor Lauren Kleiman and C ouncilmembers Joe Stapleton and Sara J.

Weber;

WHEREAS, the Council Committee was tasked with reviewing the Policies to ensure relevancy, brevity and coherency for the benefit of the people of Newport Beach;

WHEREAS, the Council Committee reviewed the Policies and recommends the City Council revise the Policies set forth in Exhibit 1, attached hereto, which include Policies A-1 (City Council) , A-2 (Boards, Commissions, and Committees) , A-12 (Discretionary Grants), A-17 (Newport Beach City Council Airport Policy), B-1 (Park Fee Policy), B-9 (Naming of City Parks/Public Facilities & Plaque Dedications) , B-13 (Public Use of City Facilities) , D-9 (Economic Development Policy) , F-7 (Income and Other Property), F-8 (City Travel Policy Statement), F-14 (Contract Procurement and Authority to Contract), F-27 (Policy and Procedures for Distribution of Tickets and Passes) , G-1 (Retention, Removal, and Maintenance of City Trees), G-6 (Maintenance and Planting of Parkway Trees), L-16 (Temporary Banners Extending Over or Within the Public Right-of- Way), and L-23 (The Siting of Wireless Telecommunications Equipment on City -Owned Property); and

WHEREAS, the Council Committee reviewed Policy D-4 (Innovation/Improvement Incentive Program) and recommends that the City Council rescind it as a Council Policy as it is more appropriately managed and implemented at an operational level.

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

Section 1. The City Council hereby amends and replaces the Policies as set forth in Exhibit 1, which are attached hereto and incorporated herein by this reference.

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EXHIBIT 1

REVISED COUNCIL POLICIES
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1 CITY COUNCIL

Open Meeting Policies

The Newport Beach City Council is required to comply with the Ralph M. Brown Act (Brown Act). Unless
an exception applies, the Brown Act requires public entities to deliberate and act in open session. The City Council has adopted these rules to ensure compliance with the Brown Act and to promote full citizen participation in the discussions and decisions of their elected and appointed representatives.

A. Regular Meetings. The City Council shall hold r egular meetings as allowed by the City Charter and the Ralph M. Brown Act. The schedule for regular meetings is set annually by resolution of the City Council. Regular meetings shall begin at 4:00 p.m., or as otherwise scheduled due to the demand of business, and shall follow the order of business set forth in this policy.

The City Council may hold a regular meeting, special meeting, or an adjourned regular at any location authorized by the City Charter and the Brown Act. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.

B. All regular, special, and adjourned meetings of the City Council shall be called, noticed, and conducted in compliance with the Brown Act.

C. Placing an Item(s) on a Future City Council Agenda. A member of the City Council may place an item(s) on a future City Council agenda for consideration by submitting a title or topic sufficient to satisfy the requirements of the Brown Act on or before 5:00 p.m. on the Tuesday preceding the meeting at which the item is to be considered. Item(s) to be placed on a future City Council agenda shall be primarily focused on issues that directly impact the finances, property, authority, policies, or interest of the City and/or finances, property, or rights of the residents of the City. When requested, the City Attorney shall assist a Council Member with the drafting of an agenda title or topic to ensure consistency with the Brown Act. These items will appear unde r the section of the agenda titled, "Matters Which Council Members Have Asked to be Placed on a Future Agenda" . A ny Council Member may ask clarifying questions regarding the item to ensure understanding of the matter ; however, the City Council will not di scuss or debate the item . At the Council meeting, if three (3) members of the City Council wish to examine the issue, staff will prepare an appropriate report and return the item to the City Council for discussion and/or action. Additionally, the City Manager may place an item(s) on the agenda at the City Manager's discretion.

D. It is the intent of the City Council that no item will be introduced on a City Council agenda after the hour of 11:00 p.m. Furthermore, it is the City Council's intent that if an item introduced and being discussed by 11:00 p.m. is not concluded by 12:00 a.m., the City Council should adjourn the meeting to another date. The intent and purpose of this policy is to encourage a reasonable hour in which the City Council business is discussed and to protect against fatigue in discussing and deciding important City issues.
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2 Order of Business

Unless modified as provided herein, to the extent the business needs of the City require City Council consideration of the items set forth below, the agenda for regular meetings of the City Council shall contain the following items in the following order:

Study Session / Regular Meeting Agenda Items

Roll Call

Invocation

Pledge of Allegiance

Presentations

Study Session (if any)

Public Comments on Agenda and Non-Agenda Items

City Council Announcements and Oral Reports from City Council on Committee Activities (non-discussion item)

Matters Which Council Members Have Asked to be Placed on a Future Agenda (non-discussion item – Council Members may ask clarifying questions)

Public Comments on Consent Calendar

Consent Calendar:

A. Reading of Minutes and Ordinances

B. Ordinances for Introduction

C. Ordinances for Adoption

D. Resolutions for Adoption

E. Contracts and Agreements

F. Miscellaneous (for example: Planning Commission Agendas, budget amendments, and permit applications)

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3 Items Removed from the Consent Calendar

Public Hearings

Continued Business

Current Business

Motions for Reconsideration

Public Comment on Closed Session Items (if any)

Closed Session (if any) - Council Chambers Conference Room

Closed Session Report (if any)

Adjournment

The City Manager or Mayor shall have the discretion to change the order of business. Council Members may change the order of business by majority vote of the City Council. The City Clerk shall comply with all Brown Act rules related to publishing instructions required to be provided including the process for accommodations under the Americans with Disability Act and Senate Bill No.707.

Rules of Order for City Council Proceedings

A. Rules of Order. Except as provided in this policy, the City Charter, other rules, or practices followed by the City Council, or applicable provisions of state law, the procedures of the City Council shall be guided by the latest revised edition of Robert's Rules of Order (“Rules”). Rules adopted to expedite the transaction of the business of the City Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

B. Public Input. Members of the public have the right to address the City Council on any item on the agenda, as well as any item under the subject matter jurisdiction of the City Council. Generally, the time allotted for public comment is three (3) minutes; however, the Presiding Officer may limit speaking time on any item based on the number of agenda items to be considered at the meeting and/or the number of speakers for each agenda item.

1. Agendized Matters and Consent Calendar . Speakers on agenda items, including, but not limited to, Consent Calendar items, shall limit their comments to the time allotted for public comment and shall step down from the lectern immediately after their time has elapsed unless the Presiding Officer has granted the speaker's request for additional time. As appropriate, the Presiding Officer may grant the speaker additional time. Speakers shall limit their comments to matters relevant to the item on the agenda.

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4 2. Non-agendized Matters. The agenda shall contain a public comment section during which any member of the public may address the Council on any non-agenda item generally considered to be a municipal affair and within the subject matter jurisdiction of the Council. Public comments shall not be used for electioneering —including advocating for or against any candidate or ballot measure—or for advertising, promoting, or soliciting on behalf of any commercial business. To ensure that all members of the public have an opportunity to address the Council during public comments, each speaker shall be limited to th e time allotted for public comment and shall immediately step down from the lectern upon expiration of the allotted time unless the Presiding Officer has granted the speaker's request for additional time.

Staff and/or members of the City Council may briefly respond to each speaker who testifies during public comments. Responses shall be limited to the specific issue( s) raised by the speaker and shall generally be limited to information helpful to the public's understanding of the issue(s) raised by the speaker. The City Council shall not act relative to any public comment unless an action is authorized by Section 54954.2(b) of the Government Code, or any successor statute.

3. Consent Calendar. A Consent Calendar item may be pulled by any member of the City Council. If a Consent Calendar item is pulled, members of the public may speak on each pulled item for up to the amount of time allotted for public comment, unless the Presiding Officer has granted the speaker's request for additional time.

Officers

A. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, or at the Mayor's request, the Mayor Pro Tem shall preside. In the absence of the Mayor and Mayor Pro Tem, the most senior member of the City Council present shall be the Presiding Officer.

1. Powers and Duties of Presiding Officer.

a. Participation. The Presiding Officer may make a motion , debate , and vote on all agenda items.

b. Question to be Stated. Prior to any vote, other than to move City staff’s recommendation, the Presiding Officer, or at the Presiding Officer’s request , the City Clerk shall state (or announce) the motion.

c. Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his/her signature which were adopted in his/her presence, unless he /she is unavailable, in which case the signature of an alternate Presiding Officer may be used.

d. Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require a witness to be sworn if directed to do so by a majority vote of the Council.

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5 B. Parliamentarian. The City Attorney shall be designated as Parliamentarian for the City Council proceedings to advise the Presiding Officer. Within the limitations imposed by the Rules, the Presiding Officer has the authority to determine proper parliamentary procedure.

Conduct of City Council Business

A. Rules for Discussion/Debate.

1. Getting the Floor. Every Council Member desiring to speak shall first address the Presiding Officer and gain recognition by the Presiding Officer.

2. Opening Discussion/Debate. The following three steps are necessary prior to opening discussion/debate on any subject, except as noted.

a. Motion. The Presiding Officer may open a matter for discussion or debate prior to the making of any motion.

b. Motions - Second Required. Except for the nomination of a Council Member to serve as Mayor or Mayor Pro Tem, a motion by any member of the Council, including the Presiding Officer, shall require a second. Such action does not mean that the seconder endorses the motion, but only that he/she wishes to have the motion considered.

c. Exceptions:

i. Oral Presentations. Oral presentations may be made by City staff, or someone designated by staff, prior to a motion being made, discussed, or debated upon.

ii. Questions to Staff. At any time during the proceedings, every Council Member desiring to question City staff shall, after recognition by the Presiding Officer, address the questions to the City Manager, the City Clerk, or the City Attorney, who shall be entitled either to answer the inquiry himself/herself or to designate a member of his/her staff for that purpose.

iii. Public Hearings. For matters that are the subject of a public hearing, the procedures for opening debate are suspended until after the public hearing is closed.

3. Addressing the Council

a. Manner of Addressing Council. Each person desiring to address the Council shall step up to the microphone, may state his/her name and address for the record, state the subject he/she wishes to discuss, may state whom he/she is representing if he/she represents an organization or other persons and, unless further time is granted by the Mayor, shall limit his/her remarks to the time allotted for public comment. All remarks shall be addressed to the Council as a whole and not to any member thereof or to the 108
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6 audience. No question shall be asked of a Council Member or a member of the City staff without the permission of the Presiding Officer.

b. Exception: The City Council may preside over administrative hearings or designate a hearing officer to take evidence and submit proposed findings and recommendations. In the event the City Council conducts any hearing that is quasi - judicial or administrative in nature, the following procedure shall be followed:

i. The Presiding Officer may ask the City Manager to summarize the nature of the hearing and the issues to be resolved by the City Council.

ii. The Presiding Officer shall invite the person or entity that filed the application for permit, license, or other entitlement (applicant) to make a presentation. The applicant shall have a reasonable amount of time , as determined by the Presiding Officer, to present evidence or testimony relevant to any issue before the City Council. The City Council, City Manager , or City Attorney may ask questions of the applicant, or any witness presented by the applicant.

iii. In the event the matter is pending before the City Council by virtue of an appeal, the P residing Officer shall then invite the appellant to make a presentation. The appellant shall have a reasonable amount of time , as determined by the Presiding Officer, to present evidence or testimony relevant to any issue before the City Council. The City Council, City Manager, or City Attorney may ask questions of the appellant , or any witness presented by the appellant.

iv. Upon conclusion of the presentations by the applicant and the appellant, if any, the Presiding Officer shall invite testimony from members of the audience.

v. Prior to closing the hearing, the P residing Officer shall give the applicant and the appellant, if any, the opportunity to comment on the evidence with the right to comment limited to no more than five (5) minutes. In the case of an appeal, the applicant’s opportunity to comment on the evidence shall precede that of the appellant.

vi. The Presiding Officer shall have the right to exclude testimony or evidence which is not relevant to any issue before the City Council.

4. After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the City Council without first securing permission to do so by a majority vote of the City Council or Presiding Officer.

5. Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a quest ion by another Council Member. If a Council Member, while speaking, is called to order, he/she shall 109
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7 cease speaking until the question of order is determined and, if determined to be in order, he/ she may proceed. Members of the City staff , after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

6. Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Council Member to appeal to the Council. If an appeal is taken, the question shall be "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine such question of order.

7. Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which the integrity, character or motives are questioned or where the welfare of the City Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

8. Protest Against Council Action. Any Council Member shall have the right to have the reasons for his or her dissent from, or his or her protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered into the minutes may be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons...."

9. Remarks of Council Member and Synopsis of Debate. A Council Member may request through the Presiding Officer the privilege of having an abstract of his or her statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

B. Rules of Decorum.

1. Council Members. While the City Council is in session, the members must preserve order and decorum. Each Council Member shall conduct himself/herself with decorum and shall neither, by conversation or otherwise, delay nor interrupt the proceedings or the peace of the City Council, nor disturb any member while speaking or refuse to obey the orders of the Presiding Officer.

a. Each Council Member has the duty to:

i. Respect and adhere to the American ideals of government, rule of law, principles of public administration , and high ethical conduct in the performance of public duties.

ii. Represent and work for the common good of the City and not for any private interest.

iii. Refuse to accept gifts of favors or promises of future benefits which might compromise or tend to impair independent judgment or action. 110
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8 iv. Provide fair and equal treatment for all persons and matters coming before the City Council.

v. Learn and study the background and purpose of important items of business before voting.

vi. Faithfully perform all duties of office.

vii. Refrain from disclosing any information received during any closed session of the City Council held pursuant to state law.

viii. Decline any employment incompatible with public duty.

ix. Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics, or morals of other members of the City Council, City commission, committee or board, City staff, or the public, or other personal comments not germane to the issues before the City Council. Members are to be tolerant of all views expressed at public meetings.

x. Listen courteously and attentively to all public discussions at City Council meetings and avoid interrupting other speakers, including other members except as permitted by established Rules of Order.

xi. Maintain the highest standards of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation.

2. Decorum of Speakers and Members of the Audience. The Presiding Officer is responsible for maintaining decorum during public meetings. Speakers shall direct all comments to the City Council and not the audience. No person, whether they are present at a City Council meeting or participating in a meeting via a two -way telephonic service or a two -way audiovisual platform, shall engage in any willful conduct that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting including, but not limited to, noncompliance with established rules of decorum, such as clapping or making sounds that disrupt the proceeding, exceeding the speaker’s time limit, or speaking out of turn. Any person(s) engaging in such conduct shall be called to order by the Presiding Officer and, if the conduct continues, the person(s) may be removed from the meeting. Prior to removing the person(s), the Presiding Officer shall warn the person(s) that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The Presiding Officer may then direct the Seargent-at-Arms to remove the person(s) if they do not promptly cease their disruptive behavior.

For meetings conducted via teleconference or video conference: the Presiding Officer may mute, disconnect, or remove a participant who is disruptive after issuing a warning.

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9 No person shall be declared out of order, prevented from speaking or barred from attending any meeting because of any disagreement with the speaker's position or view on any matter, because of the speaker's identity, or because of any disagreement with the content of relevant testimony.

3. Persons Authorized to Approach the City Council Dais. No person except members of the City Council and City staff shall enter the area between the public speakers' podiums and the City Council dais without the consent of the Presiding Officer.

4. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he/she may designate, shall be Sergeant-at-Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules upon affirmative vote of a majority of the City Council.

Teleconference Disruption Policy

A teleconference disruption occurs when a technological failure prevents real-time, two-way participation by the public or members of the legislative body, including but not limited to: the loss of internet connectivity;

audio or video failure ; platform outages (e.g., Zoom, Teams, telephonic service) ; and the inability of the public to provide live comment.

If a temporary disruption occurs: the Presiding Officer shall announce the disruption on the record; the meeting shall be recessed; City staff will make a good faith effort to restore service (for up to an hour); and no deliberation or voting shall occur during the disruption. If service is restored, the Presiding Office shall reconvene the meeting and summarize the interruption for the record. If service is not restored, the City
Council shall vote, by roll call, as to whether good faith efforts were made and the public interest in continuing the meeting outweighs remote access.

Ex Parte Communications

Members of the City Council shall disclose e x parte communications, if any, prior to the consideration of quasi-judicial items and any other items where the law requires disclosure (collectively (“quasi -judicial matter”).

Members of the City Council shall not engage in any ex parte communication with any member of a board, commission, or committee regarding any quasi -judicial matter pending, or reasonably expected to come, before that member's board, commission, or committee.

For purposes of this policy, the term ex parte communication shall mean any oral or written communication directed to a member which is intended, or is reasonably calculated, to influence the member's decision on any quasi-judicial matter but does not include communications between members during deliberations prior to a decision or communications where all interested parties or their representatives are present. The term quasi-judicial matter shall mean the appeal of any discipline imposed on any City empl oyee, the appeal of any grievance filed by a City employee or employee association, or a proceeding to revoke any license, permit, or approval granted by the City Council, any board, commission, or committee, or any City employee 112
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10 and which is pending, or is reasonably expected to come, before the City Council or any City board, commission, or committee.

The provisions of this policy do not apply to e x parte communications between City employees and any member of the City Council or a board, commission, or committee regarding a quasi-judicial matter which has been submitted to, or can reasonably be expected to be heard by, the City Council, board, commission, or committee that is considered legal advice or when the ex parte communication is initiated by the member and requests only background information available to members of the general public.

City Council Voting Procedures

A. Voting Procedure. Any vote of the City Council, including a roll call vote, may be registered by the members raising their hands or by answering "Yes" for an affirmative vote, "Abstain" for an abstention, or "No" for a negative vote upon the member's name being called by the City Clerk, or by the Presiding Officer. Following the vote, the City Clerk shall audibly announce the results of the vote by name indicating whether the question carried or was defeated. The same shall be recorded in the minutes as the vote. The Presid ing Officer in his/her discretion may publicly explain the effect of a vote for the audience, or he /she may direct a member of the City s taff to do so, before proceeding with the next item of business.

B. Substitute Motions and Amendments to Motions. A Council Member may move to substitute a new motion for the original motion; however, an amendment to a motion is preferred for minor changes rather than a substitute motion. Only one substitute motion shall be made to replace the original motion, and the City Council shall vote on the substitute motion first. If the substitute motion passes, the original motion is replaced. If the substitute motion fails, the original motion is considered. If both the original and substitute motion fail, a Council Member may make a new motion for consideration by the City Council.

C. Disqualification for Conflict of Interest. Any Council Member who is disqualified from voting on a particular matter because of a Political Reform Act, Levine Act, or other conflict of interest, shall publicly state the nature of such disqualification in an open meeting. Except for Consent Calendar items, a Council Member who is disqualified by reason of a conflict of interest on any matter shall not remain in his or her seat during the debate and vote on such matter but shall request and be given the permission of the Presiding Officer to step down from the City Council dais . If the conflict involves a matter on the Consent Calendar the Council Member must announce the nature of the conflict, refrain from participating on the item, but may remain present at the City Council dais. A Council Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

D. Failure to Vote. Every Council Member should vote unless they are disqualified from voting. The vote of Council Member who abstains , absent a disqualifying conflict of interest , shall be counted with the majority vote of the quorum on the question voted upon.

E. Tie Vote. Tie votes shall be considered a lost motion and may be reconsidered by the City Council.

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11 F. Changing Vote. A Council Member may change his /her vote only if the Council Member makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item of business is taken up.

G. Reconsideration. A motion to reconsider any action taken by the City Council at either the current meeting or the previous meeting may only be made by a Council Member who voted on the prevailing side. A motion for reconsideration requires a second, which may be made by any Council Member , regardless of how they originally voted.

Closed Session Agenda

The closed session agenda shall be prepared by the City Attorney, and the City Attorney may place an item on the agenda at the City Attorney’s discretion. Any member of the City Council may place an item on the Closed Session Agenda for consideration by submitting a title or topic sufficient to satisfy the requirements of the Brown Act to the City Attorney on or before 5:00 p.m. on the Wednesday preceding the meeting at which the item is to be considered. The closed session agenda shall strictly conform to the format specified in the Brown Act. The City Attorney shall prepare a written report, or give an oral report, of any action taken in Closed Session that is required to be reported in open session by the Brown Act.

Selection of Mayor and Mayor Pro Tem

Section 404 of the City Charter provides for the selection of the Mayor and the Mayor Pro Te m by the City Council. This section provides that a Mayor and a Mayor Pro Tem shall be selected at least as often as Council elections are held and that the Mayor and Mayor Pro Te m shall serve at the pleasure of the City Council. It is the policy of the City Council that the Mayor and the Mayor Pro Tem election shall occur every year at the December meeting.

Seating Arrangement for City Council

Each year, f ollowing the selection of the Mayor , members of the City Council shall be seated at the City Council table with senior Council Members having first choice of seats. The Mayor, however, shall be seated in the center of the City Council table and the Mayor Pro Tem shall always be seated immediately next to and to the right of the Mayor. In the event of equal seniority among members of the City Council, selection of City Council seats shall be made by the Council Member who received the highest mar gin of victory percentage in the most recent election.

City Council Correspondence

The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and to immediately give a copy to the City Manager. The City Manager shall give immediate attention to administrative business referred to in the communication that does not require City Council action and may be promptly concluded or shall prepare a staff report for the next available City Council meeting.

Except as otherwise permitted by law, all mail or written communications from the p ublic, residents, or applicants shall be submitted to the City Council by 5:00 p.m. on the Monday immediately prior to the meeting at which the City Council will consider the item that is the subject of the mail or written 114
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12 communications to allow time for the City Council to adequately consider the mail or written communications.

Ordinances, Resolutions and Contracts

A. Ordinances, Resolutions and Contracts. All ordinances, resolutions, and contracts shall be prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on his/her own initiative.

B. Prior Review by Administration Staff. All ordinances, resolutions , and contract documents shall, before presentation to the City Council, be reviewed by the City Manager or his/her designee.

C. Reading of Adopted Ordinances. If a motion to waive reading of all ordinances has been adopted at the beginning of the Council meeting, the City Clerk will read the adopted ordinances by title only.

Preparation and Reading of Minutes

The City Clerk shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council. Unless the reading of the minutes of a City Council meeting is ordered by a majority vote of the City Council, such minutes may be approved without reading if the minutes were previously made available to the City Council and the public.

Recording of Open Meetings

A. All regular meetings of the City Council shall be recorded.

B. Any person attending an open and public meeting of the City Council shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera unless the City Council determines, based upon evidence in findings made by the Mayor, that continued recording would create noise, illumination, or view obstruction problems that are disrupting or would disrupt the proceedings. The Mayor may impose conditions on any recordation, which in the absence of the conditions, would disrupt the proceedings.

C. Any audio tape or video record of any open and public meeting made by or at the direction of the City Council shall be subject to inspection pursuant to the California Public Records Act (Sections 6250 et seq. of the Government Code). If a City Council meeting has simultaneously recorded audio and video, the audio recording may be destroyed after the City Council meeting minutes for that meeting have been approved by the City Council and the video recording has been uploaded to the document imaging system. Any person may inspect a video or audio recording without charge on a recorder made available by the City of Newport Beach.

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13 Expressions of Official City Position or Policy

Council Members are authorized to convey information to the public as provided for by Council policy; by law; that is factual in nature, (e.g., about City programs, projects, and other City business); as well as official positions and policies of the City that have been approved by the City Council as a body. If a member of the City Council desires that a particular official City position or policy be established or expressed on a given issue, not previously approved by the City Council, the Council Member shall submit their recommendations on said position or policy to the entire City Council as provided in this policy, for evaluation and disposition as the City Council sees fit.

Except as provided in this policy, a ny Council Member who wishes to communicate a statement or opinion regarding any matter which the City Council has not taken an official position on shall ensure that said statement or opinion cannot be construed by the public as being an official position or policy of the City.

When communicating such opinion or statement, a Council Member shall not use City equipment, City email addresses, or City stationery. Additionally, such communications shall make it clear that the Council Member is expressing their own personal opinion. The City Council finds this policy furthers an important public purpose by ensuring the public does not confuse personal opinions expressed by Council Members with official expressions of City policy.

Use of City Stationery and Email

Members of the City Council are authorized to use City stationery and email when corresponding on matters relating to official City business. Correspondence shall identify the author of the correspondence and email.

Use of City stationery or email for private personal matters or statements of personal opinion is not permitted.

The style and content of City stationary utilized by individual City departments shall be approved by the City Manager to minimize the number of styles and promote use of a City-wide standard.

Private Digital Communications

Digital communication(s) by a Council Member on a Digital Communication Platform, as that term is defined in Council Policy D-5, that is owned or controlled by a Council Member or a third-party (i.e., someone other than the City) and which discusses matters within the subject matter jurisdiction of the City Council, shall be deemed to be made in their personal capacity. Digital communications by a Council Member through a Digital Communication Platform owned or controlled by the Council Member or a third-party that discusses City matters shall make it clear that the Council Member is not speaking on behalf of the City ( i.e., “views expressed are my own”). All social media platforms owned or controlled by the Council Member that discusses City matters shall contain a notice that they are the personal page of the Council Member.

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14 History

Adopted A-1 – 2-09-1959 ("Seconds to Motions")
Adopted A-3 – 2-09-1959 ("Seating of Councilmen")
Adopted A-6 – 11-13-1967 ("Recording of Meetings")
Amended A-l and A-3 – 11-12-1968
Reaffirmed A-1, A-3, and A-6 – 3-9-1970
Reaffirmed A-1, A-3, and A-6 – 2-14-1972
Adopted G-3 – 5-8-1972 ("City Council Instructions to Staff'') Adopted A-10 – 8-21-1972 ("Procedural Rules for Council Meetings", and incorporating A- l and A-3) Amended A-10 – 11-24-1975
Amended A-6 – 6-13-1977
Amended A-6 – 10-25-1977
Amended A-10 – 11-28-1977
Amended A-10 – 7-24-1978
Amended A-10 – 9-11-1978
Amended A-10 – 11-27-1978
Adopted A-13 – 2-12-1979 ("Use of City Stationery by Councilmen") Amended A-10 – 10-23-1979
Amended A-10 – 11-12-1979
Amended A-10 – 7-28-1980
Amended A-6 & A-10 – 2-9-1981
Deleted A-3 – 2-9-1981
Amended A-1 – 10-25-1982
Amended A-10 – 6-25-1984
Amended A-10 – 10-22-1984
Adopted A-1 – 11-20-1984 ("Election of Mayor and Mayor Pro Tem") Amended A-10 – 6-24-1985
Amended A-10 – 3-24-1986
Amended A-10 – 1-12-1987
Amended A-10 – 5-26-1987
Amended A-10 – 11-28-1988
Amended A-10 – 11-27-1989
Amended A-13 – 1-8-1990
Amended A-10 – 8-13-1990
Amended A-10 – 10-22-1990
Amended A-10 – 6-28-1993
Adopted A-11 – 1-24-1994 (“Recording of Council Meetings") Amended A-6 – 1-24-1994 (renamed to "Open Meetings")
Amended A-1 – 1-24-1994
Amended A-13 – 1-24-1994 (changed to A-8)
Amended A-6 and A-10 – 3-28-1994
Amended A-6 – 6-27-1994
Amended A-6 – 12-12-1994
Amended A-11 – 2-27-1995
Amended A-10 – 10-09-1995
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15 Corrected A-1 & A-8 – 2-26-1996
Amended A-10 – 2-26-1996
Amended A-6 – 2-26-1996
Adopted A-13 – 5-28-1996 ("Decorum and Order for City Commissions, Committees and Boards") Amended A-6 – 12-9-1996
Amended A-1 – 2-24-1997
Adopted A-15 – 11-10-1997 ("Ex Parte Communication")
Amended A-6 – 5-26-1998
Adopted A-16 – 6-22-1998 ("Conflict of Interest Procedures") Amended A-6 – 3-14-2000
Amended A-6 – 2-27-2001
Amended A-6 – 3-27-2001
Amended A-6 and A-10 – 8-28-2001
Amended A-6 – 1-27-2004
Amended A-6 – 3-09-2004
Amended A-6 – 3-28-2006
Amended A-6 – 2-26-2008
Amended A-6 – 10-27-2009
Amended A-6 – 12-6-2010
Amended A-6 & A-10 – 2-22-2011
Amended A-6 – 11-27-2012
Amended A-6 and A-10 – 1-8-2013
Amended A-6 – 5-14-2013
Adopted A-3 – 5-14-2013 ("Request for Research or Information") Amended A-11 – 5-13-2014
Amended A-6 – 6-9-2015
Adopted A-20 – 7-14-2015 ("Expression of Official City Position") Amended A-11 – 4-12-2016
Amended A-13 – 1-24-2017
Amended A -1 – 8-8-2017 (incorporating A -3, A -6, A -8, A -10, A -11, A -13, A -15, A -16, and A -20, and renaming to “City Council”)
Amended A-1 – 1-22-2019
Amended A-1 – 7-14-2020
Amended A-1 – 4-27-2021
Amended A-1 – 2-14-2023
Amended A-1 – 5-14-2024
Amended A-1 – 2-24-2026

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1 BOARDS, COMMISSIONS & COMMITTEES

Service on City Boards, Commissions, and Committees is one of the principal means by which residents participate in the conduct of City government. The City is fortunate to have highly skilled, educated and experienced residents that are willing to selflessly donate their time and resources to positively contribute towards the betterment of our city. This Policy prescribes the rules, guidelines, and ideals that govern our City’s Boards, Commissions, and Committees.

Board, Commission, & Committee Formation Process

A. Boards and Commissions shall be established by City Charter or ordinance of the City Council. Committees shall be established by resolution of the City Council in accordance with this policy.

B. Boards, Commissions, and Committees shall be designated either 1) Permanent; 2) Standing; or 3) Ad Hoc. Boards, Commissions , and Committees having a definite termination date may be extended by City Council action.

C. With the assistance of the City Attorney, all Boards, Commissions , and Committees shall determine if the Ralph M. Brown Act applies and, if applicable, comply with its provisions.

D. All Boards, Commission, and Committee meetings open to the public shall include an opportunity for public comments and questions.

Types of Boards, Commissions, & Committees

Boards and Commissions (Permanent)

These shall consist of citizens with a staff liaison pursuant to the enabling City Charter section or ordinance. Appointments are made pursuant to this policy.

City Council Committees (Standing or Ad Hoc)

These shall consist of City Council Members as prescribed by the enabling resolution.

Annually, the Mayor shall appoint the City Council Members subject to confirmation by the full City Council.

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2 City Council/Citizens’ Committees (Standing or Ad Hoc)

These shall consist of City Council M embers, citizens, and City staff as prescribed by enabling resolution. Annually, the Mayor annually shall appoint City Council Members to these C ommittees subject to confirmation by the full City Council. Appointment of citizens and staff members to these C ommittees shall be addressed in the respective enabling resolution.

Citizens’ Advisory Committees (Standing or Ad Hoc)

These shall be comprised solely of citizens with perhaps a City Council or staff liaison.

Appointments generally shall be made annually by the Mayor subject to confirmation by the full City Council. However, the enabling resolution may provide that appointees represent each of the Council D istricts in which case appointments shall be made by individual City Council Members for their respective Council D istricts, subject to confirmation by the full City Council.

Joint Governmental Committees (Permanent or Standing)

These are committees comprised of representatives from several governmental agencies.

Representatives on these committees can be either City Council M embers or City staff.

Appointment to joint governmental committees shall be made annually by the Mayor subject to confirmation by the full City Council.

City Staff Committees (Permanent, Standing, or Ad Hoc)

These are comprised of staff members designated by their job title as prescribed by enabling resolution.

Member Appointment Process

New Boards, Commissions, or Committees – Citizen Appointment

Unless otherwise provided in the formation ordinance or resolution, the City Clerk shall advertise in a newspaper of general circulation the opportunity for citizens to be appointed to a new Board, Commission , or Committee and the application procedure.

Final appointments shall not be made for at least ten (10) working days after the posting of the vacancy notice.

Annual Appointment List

On or before December 31 of each year, the City Clerk shall, consistent with the Maddy Act (Cal. Gov. § 54972), prepare a list of all appointive terms of Boards, Commissions , 120
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3 and Committees which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position. Also, the City Clerk shall list all Boards, Commissions, and Committees whose members serve at the pleasure of the City Council, and the necessary qualifications of each position. The list shall be poste d in the City’s normal posting location for agendas, as well as the Newport Beach Public Library located at 1000 Avocado Avenue.

Qualifications

Appointees to Boards, Commissions, and Committees shall be electorates and residents of the City, unless an exception is set forth in the enabling ordinance or resolution.

The City Clerk shall maintain a file of candidates for Board, Commission, and Committee appointments, which shall be reviewed each year by the City Clerk to e nsure that those applicants are still available and eligible for appointments. Applications shall be retained in the active file for two (2) full years; thereafter they will be destroyed.

Vacancies

Approximately two (2) months prior to a scheduled vacancy, the City Clerk shall prepare and submit to a newspaper of general circulation information relating to the vacancy including meeting dates and times ; Board, Commission, or Committee functions ; the method of obtaining and submitting applications; and establishing a date prior to June 1 as the last date to submit applications. The City Clerk shall notify each applicant of the receipt of their application.

Consistent with the Maddy Act (Cal. Gov. § 54974), within twenty (20) days after an unscheduled vacancy occurs on a Board, Commission or Committee, a special vacancy notice shall be posted in the City Clerk’s office, and other locations as directed by City Council. Additionally, the City Clerk shall prepare and submit information relating to the vacancy including meeting dates and times, and the Board, Commission or Committee application procedure. Final appointment s (other than emergency appointments) shall not be made for at least ten (10) working days after the posting of the vacancy notice.

Pursuant to Charter Section 705, if an unscheduled vacancy occurs within six (6) months from the expiration of the term, the City Council has the discretion to appoint a replacement to serve the balance of the unexpired term plus one (1) full term.

Board, Commission, and Committee appointees may be replaced after three (3) consecutive unexcused absences from meetings.

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4 Periodically, situations may arise wherein due to the occurrence of a number of simultaneously scheduled Board, Commission , or Committee vacancies, it may be appropriate to make certain adjustments in the advertising and recruitment procedures, which are regularly utilized to fill these vacancies. In these cases, the City Council may make any necessary adjustments by majority vote at a regular public meeting.

When vacancies occur, the City Council shall make every effort to appoint the best - qualified person to serve the interest of Newport Beach. The City Council should only appoint a person who ha s filed an application for appointment with the City Clerk no later than five (5) days prior to the date on which the City Council will recommend candidates for open positions. Generally, t he application serve s as the basis for determining if the person is a qualified elector and resident of the City, has no conflict of interest that would prevent the applicant from serving, and otherwise satisfies the criteria for appointment specified in the City Charter and any relevant ordinance, resolution or City Council Policy. In determining whom to appoint to a Board or Commission, the City Council seeks diversity of opinions and discourages the appointment of persons to Boards and Commissions who: 1) in their professional capacity supervise or are supervised by another member of the same Board or Commission; or 2) are a member of the same family as another member of the same Board or Commission . Also, the City Council prefers that members of Boards, Commissions , and Committees represent different geographical areas of the City, but the location of a person’s residence shall only be a consideration when applicants are otherwise equally qualified.

Limit on Service

To afford the maximum opportunity for citizen service, no person shall be eligible for appointment to any one (1) City Board, Commission, or Committee for more than two (2) consecutive four (4) year terms, exclusive of a prior appointment to fill an unexpi red term. Appointees shall serve on only one (1) standing City Board, Commission , or Committee at any time.

Optional Ad Hoc Appointments Committee

Unless an alternative appointment procedure is provided in the formation ordinance or resolution, at such time when an appointment to a Board, Commission , or Committee is necessary, the Mayor, at his/her discretion, may establish an ad -hoc Appointments Committee composed of three (3) Council Members. If appointed by the Mayor, the ad - hoc Appointments Committee’s duties are as follows:

A. Review all applications for position s to City Boards, Commissions , and Committees. The ad-hoc Appointments Committee will review applicant answers to all questions contained in the application;

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5 B. Conduct any necessary interviews with individual applicants; and

C. Make a r ecommendation to the full City Council on the appointment of a candidate(s) the ad-hoc Appointments Committee believes is most qualified for each Board, Commission, or Committee vacancy.

The ad -hoc Appointments Committee, in conducting their review of applications and interviews with the individual applicants, if any, sh ould attempt to determine if there exists a potential conflict of interest, which might interfere with the performance of the applicant’s duties in an impartial manner free from bias. It is generally recognized that from time to time it is possible for any individual to have a conflict on any one (1) given issue; however, th e ad -hoc Appointments Committee should endeavor to avoid recommending appointments of applicants with a substantial conflict of interest, which would require repeated disqualification from voting on issues that are likely to come before the Board, Commission, or Committee.

If no alternative appointment procedure is provided in the formation ordinance/resolution, and if the Mayor does not form an ad -hoc Appointments Committee, the City Clerk shall review all applications and submit all qualified applicants to the City Council for consideration at an open and noticed meeting.

Voting Procedure

A. If possible, t he City Council sh ould vote on all appointments and seats on each Board, Commission, and Committee simultaneously. The voting will be by paper ballot, and the City Clerk will tabulate and announce the results, including the vote tally.

B. Each member of the City Council will cast the number of votes as indicated on the paper ballot for each seat from the list of the nominees. To be appointed, the nominees must receive at least four (4) votes.

C. For Boards, Commissions, and Committees with two (2) vacancies, if two (2) of the nominees receive four (4) or more votes, they will be automatically appointed.

D. If there is a tie vote, ballots will be distributed to the Council Members to vote for the tying candidates only.

E. If no one receives four (4) votes, nominees receiving zero (0) or one (1) vote will be dropped and the City Council will cast two (2) votes from the list of the remaining nominees, and the determination will be made as previously stated.

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6 City Clerk Responsibilities

The City Clerk shall also be responsible for the following functions associated with Board, Commission, and Committee appointments:

A. Preparation of letters for the Mayor’s signature notifying successful candidates of their appointment.

B. Preparation of letters for the Mayor’s signature notifying unsuccessful candidates for appointment.

C. Preparation of letters for the Mayor’s signature thanking outgoing members for their service.

If established, once the final appointments are made by the City Council, the ad- hoc Appointments Committee will be dissolved.

Business Improvement District Appointments

The appointment of Business Improvement District advisory boards or the designation of an owners’ association is exempt from this p olicy but shall be consistent with the California Streets and Highways Code.

Decorum and Order
Board, Commission, and Committee deliberations and actions should be conducted in an atmosphere free from personal animosity and hostility. Each member of a Board, Commission, and Committee has the duty to:

A. Respect and adhere to the American ideals of government, rule of law, principles of public administration , and high ethical conduct in the performance of public duties.

B. Represent and work for the common good of the City and not for any private interest.

C. Refuse to accept gifts, favors, or promises of future benefits which might compromise or tend to impair independent judgment or action.

D. Provide fair and equal treatment for all people and matters coming before the Board, Commission, or Committee.

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7 E. Learn and study the background and purpose of important items of business before voting.

F. Faithfully perform all duties of office.

G. Refrain from disclosing any information received confidentially concerning the business of the City or received during any closed session of the Board, Commission, or Committee held pursuant to state law.

H. Decline any employment incompatible with public duty.

I. Refrain from abusive conduct, personal charges , or verbal attacks upon the character, motives, ethics, or morals of other members of the Board, Commission, or Committee, City staff, or the public, or other personal comments not germane to the issues before the body. Members are to be tolerant of all views expressed at public meetings.

J. Listen courteously and attentively to all public discussions at Board, Commission, or Committee meetings and avoid interrupting other speakers, including other members except as permitted by established Rules of Order.

K. Faithfully attend all sessions of the Board, Commission, or Committee unless unable to do so for some compelling reason or disability.

L. Maintain the highest standards of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation.

If a Board, Commission, or Committee member cannot abide by these provisions, he/she should submit a letter of resignation or be removed from office by action of the Mayor and City Council.

Ex Parte Communications
Members of Boards, Commissions , and Committees shall disclose ex parte communications, if any, prior to the consideration of quasi -judicial items and any other items where the law requires disclosure (collectively “quasi-judicial matters”).

Members of Boards, Commissions, or Committees shall not engage in any e x parte communication with any member s of the City Council or other Board, Commission, or Committee members regarding any quasi -judicial matter pending, or reasonably expected to come, before that member’s Board, Commission, or Committee.

For purposes of this policy, the term e x parte communication shall mean any oral or written communication directed to a member which is intended, or is reasonably 125
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8 calculated, to influence the member's decision on any quasi- judicial matter but does not include communications between members during deliberations preliminary to a decision or communications where all interested parties or their representatives are present. The term quasi-judicial matter shall mean the appeal of any discipline imposed on any City employee, the appeal of any grievance filed by a City employee or employee association, or a proceeding to revoke any license, permit, or approval granted by th e City Council, any Board, Commission, or Committee, or any City employee and which is pending, or is reasonably expected to come, before any City Board, Commission, or Committee.

The provisions of this policy do not apply to e x parte communications between City employees and any member of a Board, Commission, or Committee regarding a quasi - judicial matter which has been submitted to, or can reasonably be expected to be heard by, the Board, Commission, or Committee that is considered legal advice or when the ex parte communication is initiated by the member and requests only background information available to members of the general public.

Minutes
Written minutes, upon approval of the Board, Commission, or Committee, constitute the official record of its activities. Minutes will be prepared for all public meetings by City support staff and distributed to the entire member body for review prior to o fficial approval. Additions or corrections to the minutes are made at public meetings upon official Board, Commission, or Committee approval. Member requests for inclusion on the record of a specific action or comment shall be recorded at the next publicly noticed meeting.

Recording of Open Meetings
A. Open and public meetings of Boards, Commissions , and Committees may be audio recorded upon request of the chairperson or pursuant to any procedural rule or by-law adopted by the Board, Commission, or Committee.

B. Any person attending an open and public meeting of any Board, Commission, or Committee shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera unless the Board, Commission, or Committee determines, based upon evidence in findings made by the chairperson, that continued recording would create noise, illumination, or view obstruction problems that are disrupting or would disrupt the proceedings. The chairperson may impose conditions on any recordation, which in the absence of the conditions, would disrupt the proceedings.

C. Any audio tape or video record of any open and public meeting made by or at the direction of the City of Newport Beach shall be subject to inspection pursuant to 126
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9 the California Public Records Act (Sections 6250 et seq. of the Government Code).

Notwithstanding the provisions of Section 34090 of the Government Code, any audio or video recording of any open or public meeting of any Board , Commission, or Committee, may be erased or destroyed one year after the taping or recordation, excluding Planning Commission , which shall be permanent ly retained. Any person may inspect a video or audio recording without charge on a recorder made available by the City of Newport Beach.

Conflict of Interest
No member of any Board, Commission, or Committee shall, at the time of appointment or during the term of office, hold a position or office in another entity or organization which creates a conflict of interest with respect to the member’s service on the Board, Commission, or Committee.

Expression of Official City Position or Policy
If members of City Boards, Commissions, or Committees desire that a particular official City position or policy be established or expressed on a given issue, they shall submit their recommendations on said position or policy to the City Council for evaluation and disposition as the City Council sees fit. In their interactions with the media, members of City Boards, Commissions, and Committees shall comply with the media policies in City Council Policy D-1.

This policy is not intended to restrict communication between Boards, Commissions, and Committees and others on matters exclusively within the purview or responsibility of such Boards, Commissions, or Committees, but rather is intended to avoid confusion about the official City position or policy, which is defined as that of the City Council.

Fundraising & Contracting

A. No Board, Commission, or Committee shall have the authority to independently raise and collect funds on behalf of itself, any other Board, Commission, Committee, or the City. Any such funds shall be generated by and collected through legally established n onprofit groups and organizations which are independent of the City. An exception to this policy may be granted by the City Council on a per project basis when circumstances justify the exception.

B. No Board, Commission, or Committee which has been established by the City Charter or by the City Council, shall have the authority to enter into any contract with any agency, group, entity, or individual without authorization from the City Council.

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10 Use of City Stationary

Members of Boards, Commissions, and Committees are authorized to use City stationery when corresponding on matters relating to official City business. Said correspondence shall identify the author of the letter as such. Correspondence from individual Board, Commission, and Committee members must have the approval of their respective Board, Commission, or Committee. Use of City stationery for private personal matters is not permitted.

History

Adopted A-4 - 6-28-1965 (“Boards and Commission Appointments”) Amended A-4 - 8-15-1966
Amended A-4 – 9-26-1966
Adopted A-6 – 11-13-1967 (“Recording of Council Meetings”) Amended A-4 – 6-10-1968
Reaffirmed A-4 & A-6 – 3-9-1970
Reaffirmed A-4 – 2-14-1972
Adopted A-9 – 5-8-1972 (“City Council Committees”)
Amended A-9 – 6-11-1973
Amended A-9 – 5-12-1975
Amended A-9 – 12-8-1975
Amended A-9 – 6-28-1976
Amended A-9 – 8-9-1976
Amended A-4 – 7-12-1976
Amended A-9 – 12-13-1976
Amended A-9 – 1-10-1977
Amended A-9 – 1-24-1977
Amended A-6 – 6-13-1977
Amended A-4 – 9-12-1977
Amended A-6 – 10-25-1977
Amended A-4 – 11-28-1977
Amended A-4 – 12-19-1977
Adopted F-18 – 3-27-1978 (“Fund Raising”)
Adopted F-19 – 4-10-1978 (“Contracts”)
Amended A-4 – 6-26-1978
Amended A-9 – 9-11-1978
Amended A-4 – 11-27-1978
Adopted A-12 – 1-8-1979 (“BCC Expression of City Position”) Adopted A-13 – 2-12-1979 (“Use of City Stationary”)
Amended A-4 - 3-12-1979
Amended A-9 – 10-1-1979
Amended A-9 – 11-12-1979
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11 Amended A-4 – 7-14-1980
Amended A-6 & A-9 – 2-9-1981
Amended A-4 – 7-27-1981
Amended A-4 & A-9 – 11-23-1981
Amended F-18 – 11-14-1983
Amended A-9 – 1-12-1987
Amended A-13 – 1-8-1990
Amended A-9 – 10-22-1990
Amended A-9 – 1-24-1994
Amended A-4 – 1-24-1994 (changed to A-2)
Created A-11 – 1-24-1994 (“Recording of City Meeting”)
Reaffirmed A-12 – 1-24-1994 (changed to A-7)
Amended A-13 – 1-24-1994 (changed to A-8)
Created A-5 – 1-24-1994 (“Fund Raising/Contracts”, incorporating F-18 & F-19) Amended A-9 & A-11 – 2-27-1995
Amended A-2 & A-9 – 2-26-1996
Adopted A-13 – 5-28-1996 (“Decorum and Order for BCC’s”) Corrected A-5, A-7 & A-8 – 2-26-1996
Amended A-2 - 8-12-1996
Amended A-2 – 2-24-1997
Adopted A-15 – 11-10-1997 (“Ex Parte Communication”)
Amended A-9 – 5-26-1998
Adopted A-16 – 6-22-1998 (“Conflict of Interest Procedures”) Amended A-2 – 3-22-1999
Amended A-2 – 7-12-1999
Amended A-2 – 9-27-1999
Amended A-2 – 3-14-2000
Amended A-2 – 5-8-2001
Amended A-2 – 4-23-2002
Amended A-2 – 5-14-2013
Amended A-11 – 5-13-2014
Amended A-2 & A-9 – 5-12-2015
Amended A-11 – 4-12-2016
Amended A-13 – 1-24-2017
Amended A-2 – 8-8-2017 (incorporating A-5, A-7, A-8, A-9, A-11, A-13, and A-15) Amended A-2 – 7-26-2022
Amended A-2 - 2-24-2026
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1 DISCRETIONARY GRANTS

It shall be the policy of the City Council that the City of Newport Beach’s (“City”) budget specifically allows the City Council to, at any time during the year, direct revenue towards worthy projects or programs which the City Council deems beneficial to Newport Beach’s resident’s quality of life. The City Council notes that it has multiple tools at its discretion to assist non-profit agencies, community groups, community events, or enhancement projects within the city. These tools are:

A. Community Programs Grants from the General Fund;

B. Special Event Grants from the General Fund;

C. “District Discretionary Grant Accounts” from the General Fund;

D. Culture and Arts Grants pursuant to Council Policy I-10; and

E. Federal Community Development Block Grant (CDBG) Social Service Funds.

These funds shall be provided in the following manner:

CDBG Social Services funds shall be allocated according to standards set by the federal government and appropriated at least once each year. The level of funding offered for social services in Newport Beach shall be based upon federal formulas and the specific amount of CDBG revenue allocated to the City in any one fiscal year. The Community Development Department shall administer these funds after City Council approval of the funds’ expenditure.

Community Programs Grants shall be expended from the General Fund in an amount up to $75,000 each fiscal year. The City Manager’s Office shall review all requests for Community Programs Grants and shall forward recommendations for funding to the City Council for final approval. At the time of the City Manager’s presentation of any Community Programs Grant award proposals to the City Council, the City Manager shall show which entities, if any, have received funds from the Community Programs Grant, Special Event Grant, District Discretionary Grant, Culture and Arts Grant, or CDBG Social Services Fund during the same fiscal year.

The City Manager or his/her designee shall follow these priorities when recommending Community Programs Grants:

A. Local groups located within the city and offering programs to Newport Beach residents;

B. Regional groups located in Orange County and offering programs to Newport Beach residents; and

C. Groups located in California and offering programs to Newport Beach resident.

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2 Groups not offering programs or services to local residents shall not be eligible for support from the City.

Special Events Grants are intended to allow meritorious community, social or athletic event organizers to offset some or all of their City fees for their event. Doing so should decrease costs to the event organizer so that beneficiaries can see even greater benefit from any fundraising associated with the events. The City Manager or his/her designee shall, in consultation with the City Council, establish a threshold amount for the proposed City budget that reflects adequate support for these events. The Cit y Manager shall establish an administrative policy for these grants. The City Manager may divide the funding into more than one category to ensure that different types of events are fairly measured with peer events. The City Council shall consider and approve the Special Event Grant allocations by recipient.

District Discretionary Grant Accounts. At the start of the fiscal year, the City Manager shall provide an account for each Council District within the City Council’s budget known as the District Discretionary Grant Accounts. The City Council shall set a funding level of these accounts during the budget process preceding the June adoption of the City’s budget. Each City Council Member shall have, at his or her discretion, the ability to allocate their District’s funding to uses, projects, or community entities that benefit the City as a whole or the City Council Member’s district specifically. Any expenditure from these accounts must have an identifiable public benefit.

Requests to expend these funds should be directed by each City Council Member to the Finance Director.

Expenditures will be reported to the City Council annually. The report will include a brief description and the public benefit associated with each expenditure.

At the conclusion of the fiscal year in which the District Discretionary Grant Accounts received appropriation, all unencumbered funds in the accounts shall be deposited in the City’s General Fund Reserve Account.

History

Adopted F-22 – 7-8-1985
Amended F-22 – 10-28-1991
Amended F-22 – 1-24-1994 (changed to A-12)
Amended A-12 – 5-22-2001
Amended A-12 – 6-22-2010
Amended A-12 – 9-27-2011
Amended A-12 – 5-12-2015
Amended A-12 – 4-9-2019
Amended A-12 – 12-9-2025
Amended A-12 – 2-24-2026
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1 NEWPORT BEACH CITY COUNCIL AIRPORT AND AVIATION POLICY

A. EXECUTIVE SUMMARY

One of the City Council’s primary objective s is to protect Newport Beach residents from the adverse impacts of aircraft operations at /from John Wayne Airport (JWA). Aircraft noise, emissions, and overflight activity represent one of the most significant long -term threats to residents’ quality of life.

The City lacks direct legal authority to regulate airport operations, but the JWA Settlement Agreement (Settlement Agreement) remains the most restrictive in the nation and is the City’s most effective tool for limiting adverse impacts from commercial operations. The City Council will continue to prioritize the maintenance of the curfew and the protections that the Settlement Agreement provides.

The City will also advocate for community engagement in the planning and implementation of Advanced Air Mobility (AAM) technologies, including Electric Vertical Take Off and Landing (eVTOL) aircraft and expanded drone usage, and work to minimize the impacts of AAM operations on residents’ quality of life.

B. LEGAL FRAMEWORK

The City Council understands that aircraft operations and airport regulation are primarily governed by federal law.

1. Federal Aviation Administration.

The Federal Aviation Administration (FAA) has exclusive authority to regulate aviation safety, efficiency and designated United States airspace, thereby preempting local or City control over flight paths and altitudes.

2. John Wayne Airport and the 1985 Settlement Agreement.

The existing restrictions set forth in the Settlement Agreement, as amended, predate the Airport Noise and Capacity Act of 1990 (ANCA). Hence, the existing restrictions under the Settlement Agreement are grandfathered under federal law. While the parties to the Settlement Agreement can agree to amend it, any amendment thereto cannot place additional restrictions on JWA airport operations.

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2 3. Airport Noise and Capacity Act.

ANCA severely limits new noise or access restrictions on modern aircraft . To impose any new restriction, an airport operator (the County) must provide substantial evidence that proposed measures (e.g., limits on operations, noise , etc.) are reasonable and do not unjustly discriminate. Specifically, under 14 Code of Federal Regulations Part 161 (Part 161), any proposed mandatory restriction on noise/capacity (such as flight caps or curfews) must meet the following six statutory criteria:

a. The restriction is reasonable, non-arbitrary, and non-discriminatory; b. It does not create an unreasonable burden on interstate or foreign commerce; c. It maintains safe and efficient use of navigable airspace; d. It does not conflict with any existing federal statute or regulation; e. There has been an adequate opportunity for public comment; and f. It does not create an unreasonable burden on the national aviation system.

4. Grant Assurances.

Airports receiving federal grants must sign “grant assurances” that legally obligate them to keep the airport open to public use on fair and reasonable terms without unjust discrimination.

C. POLICY

1. Objective.

The City Council’s objective is to minimize the adverse impacts of JWA operations on Newport Beach residents and ensure that emerging Advanced Air Mobility (AAM) and other technologies are implemented safely and in a manner that protects privacy and quality of life.

2. JWA Settlement Agreement.

As a signatory, t he City shall prioritize the protections afforded by the Settlement Agreement consistent with this policy.

3. JWA Facilities and Operations.

The City shall continue to oppose any changes to facilities or operations that negatively impact Newport Beach residents including:

a. A second air carrier runway or runway extension.
b. Any modification to the noise curfew.
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3 c. Through-the-fence operations.
d. Port of Entry designation by U.S. Customs and Border Protection. e. Changes to the existing general aviation activity levels, facilities, the County’s General Aviation Improvement Program, land-use map, and General Aviation Noise Ordinance.
f. Limitations on the Remote Monitoring System and public access to noise data.

Also, the City may evaluate feasible operational or technological measures to reduce impacts, including higher departure altitudes, strict adherence to FAA -approved departure routes, use of quieter Noise Abatement Departure Procedures (e.g., NADP - 1), and encourage the adoption of quieter and cleaner aircraft technology.

4. Advanced Air Mobility.

The City will proactively engage in AAM planning and the integration of eVTOLs and drones to advocate for robust community engagement and coordination among the FAA, DOT, operators and service providers, airports and F ixed Base Operator s, developers, and regional and local government.

5. Alternative Transportation Service.

Recognizing the lack of a feasible second airport in Orange County, the City shall support efforts to accommodate regional air travel demand outside JWA, including:

a. Improved transportation connections to out-of-county airports. b. Development or expansion of air service at other regional airports. c. Expanded air cargo facilities at other regional airports, where appropriate.

6. Public Agency Support and Participation.

The City may continue participation in the Corridor City Coalition and advocate for policies that:

a. Align regional transportation plans with JWA constraints. b. Improve access to underutilized regional airports

The City will actively participate in regional planning efforts, including SCAG’s Regional Transportation Plan, and regularly engage county, state and federal officials.

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4 7. Community Involvement.

The City recognizes the importance of community organizations and will support informed, constructive advocacy aligned with th is Policy. The City will engage and educate residents on matters relating to aviation and this Policy.

8. Monitoring and Reporting.

The City Manager shall coordinate implementation of this Policy and periodically report to the City Council and Aviation Committee on:

a. Settlement Agreement compliance.
b. Regional airport and transportation planning.
c. State and federal legislative actions.

History

Adopted B-1 – 2-14-1972 (“Airport Land Use Commission for Orange County”) Reaffirmed B-1 – 12-10-1973
Reaffirmed B-1 – 11-11-1974
Amended B-1 – 10-14-1975 (renaming “Orange County Airport”) Amended B-1 – 11-27-1978
Created B-2 – 11-27-1978 (“Airport Land Use Commission for Orange County”/same as B-1) Amended B-1 – 10-14-1980
Amended B-1 – 7-27-1981
Amended B-1 – 9-27-1982
Amended B-2 – 9-27-1982 (renaming “Limitations of John Wayne Airport and Promotion of a New Regional Airport”)
Amended B-1 –3-14-1983
Amended B-1 – 5-23-1985
Amended B-1 and B-2 – 12-9-1985
Amended B-1 and B-2 – 10-22-1990
Amended B-2 – 7-13-1992
Amended B-1 – 12-13-1993 (incorporating B-2)
Amended B-1 – 2-27-1995
Amended B-1 – 3-22-1999 (changed to A-17)
Amended A-17 – 7-25-2006
Amended A-17 – 5-12-2015
Amended A-17 – 2-24-2026
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1 PARK FEE POLICY

Purpose

The City of Newport Beach maintains an extensive park and open space system. The acquisition and development of our park and open space properties is funded, in part, through the payment of park fees paid by persons or entities who subdivide properties.

The Subdivision Map Act requires park fees to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreational facilities to serve the subdivision that paid the fees. The City is required to develop a schedule specifying how, when and where the park fees will be used. The purpose of this Policy is to establish the criteria to be used in deciding which facilities serve subdivision residents and schedule whereby park fees are properly and timely committed to appropriate projects. This policy also identifies which park serve as citywide resources.

Policy

A. Service Criteria.

The Recreation and Open Space Element of the General Plan states that community parks and view parks serve the entire c ity. Community parks are those with improvements such as community buildings, parking, swimming, facilities for picnicking, active sports and other facilities that serve a larger population. View parks serve as citywide resources because of their unusual beauty and view opportunities. Neighborhood parks serve all ages and include unique recreational facilities, such as basketball courts, tennis courts, turf areas, active sports fields, community buildings, unique play areas . Trails serve as healthy recreation and transportation opportunities by providing people with attractive, safe, accessible and low - or no-cost places to recreate such as cycling, walking, jogging and hiking. Accordingly, park fees generated by any subdivision within the city may be used to develop new or rehabilitate existing community parks, view parks, neighborhood parks, as those trails listed on Exhibit A.

The Recreation and Open Space Element divides the c ity into 12 service areas consisting of relatively discrete residential communities. These service areas were created for the purpose of determining whether particular geographical areas were deficient in terms of park and recreational facilities and to identify acquisitions or improvements which would provide residents with greater recreational opportunities. Accordingly, park fees generated by a subdivision within any service area may be used to create new, or rehabilitate, existing park or recreational facilities within that service area and as provided in the Recreation Element.

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2 B. Implementation Schedule.

Park fees shall be placed in the Facilities Financial Planning Reserve Fund immediately upon receipt with a special designation as Park Fees. These funds, after special designation, shall be used solely for the acquisition or establishment of new, or the rehabilitation of existing, park, open space and recreational facilities.

The park fees shall also be placed on a schedule that lists the location of the subdivision, the fees paid, the date on which the fees were paid or the date on which building permits had been issued for 1/2 of the lots created by the subdivision (whichever occurs later), the service area within which the subdivision is located, the neighborhood park, recreation and open space facilities eligible for park fees generated by that subdivision, and the date on which the park fees must be committed to specific project of improvements. The park fees shall be used only for the park and recreation facilities identified on Attachment A and shall be utilized in accordance with the policies and sta ndards specified in the General Plan. Designations for expenditures will be made as part of the annual budget adoption.

[Attachment - Exhibit A]

History

Adopted I-3 – 9-20-1960 (“Park Standards”)
Amended I-3 - 8-30-1966
Amended I-3 – 11-12-1968
Amended I-3 – 3-9-1970
Amended I-3 – 2-14-1972
Amended I-3 – 12-10-1973
Amended I-3 – 2-25-1974
Amended I-3 – 5-9-1977
Amended I-3 – 6-13-1977
Adopted I-1 – 6-27-1994 (“Park Fee Policy”)
Amended I-1 – 4-23-2002
Amended I-1 - 4-8-2003 (changed to B-1)
Amended B-1 – 4-13-2004
Amended B-1 – 9-13-2005
Amended B-1 – 8-11-2009
Amended B-1 – 5-14-2013
Amended B-1 – 5-12-2015
Amended B-1 – 8-8-2017
Amended B-1 – 2-24-2026
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3 EXHIBIT A

PARK DEDICATION POLICY

PARKS GUIDE

The following view parks serve as citywide resources by reason of their unusual beauty and the view provided:

Back Bay View Park
Bayview Park
Begonia Park
Channel Place Park
Civic Center Park
Cliff Drive Park
Corona del Mar State Beach Park
John Wayne Park
Galaxy View Park
Inspiration Point
Irvine Terrace Park
Los Trancos (lower, middle, upper)
Canyon Watch
Harbor Watch
Castaways Park
Jasmine View Park
Kings Road Park
Lido Park
Lookout Point
Newport Island Park
Peninsula Park
Rhine Wharf Park
Sunset View Park
West Jetty View Park
Westcliff Park
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4 The following Community and Neighborhood Parks serve as citywide resources by reason of the unique recreational opportunities they offer:

Arroyo Park - Lighted multi- purpose field, basketball court, picnic areas and playground.

Bonita Canyon Sports Park - Four youth baseball fields, one multi -purpose field, one soccer field, tennis courts, pickleball courts, basketball court, 2 playgrounds and connecting trail to Arroyo Park.

Bonita Creek Park - Community center, playground, lighted multi-purpose fields, and basketball court.

Buck Gully- hiking trails

Buffalo Hills Park - Basketball court, baseball/softball diamond, volleyball court, multi-purpose fields.

Carroll Beek Community Center and Balboa Island Park - Basketball court, tot playground and community center.

Civic Center Park – Scenic view, dog park, art sculptures, cactus garden, Civic green, and walking trails and community room.

Coastal Peak Park – Two multi-purpose fields, playground, two picnic pavilions and basketball court.

Community Youth Center/Grant Howald Park - Basketball court, tennis courts, playground, community center, softball and multi-purpose field.

Eastbluff Park - Baseball diamond, multi-purpose field, playground, and view of the Back Bay.

Harbor View Nature Park - Natural vegetation area.

Lincoln Athletic Center - Gymnasium, lighted baseball/softball diamond and multi-purpose fields.

Marina Park – Community center, sailing center, picnic area, playground, basketball courts and fitness course.

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5 Mariners Park - Multi-purpose room, baseball/softball facilities, racquetball courts, lighted tennis courts, multi -purpose fields, and an ADA equipped play area.

Newport Coast Community Center – Gymnasium, multi -purpose facility with classrooms

OASIS Senior Center - Multi-purpose senior facility with classrooms, large multi- purpose room, and fitness center.

Peninsula Park - Beach sited multi- purpose field, playground (ADA compliant), picnic and barbecue facilities, baseball/softball diamond and gazebo.

San Joaquin Hills Park - Tennis courts, pentanque courts, lawn bowling facility.

San Miguel Park - Ball diamond, athletic field, four racquetball courts, basketball court and an ADA equipped play area.

Sunset Ridge Park – Baseball field, soccer fields, butterfly garden, scenic view and playground.

Theater Arts Center - Ninety seat community theater.

West Newport Community Center- Gymnasium

West Newport Park - Tennis courts, racquetball courts, basketball court, and 3 playgrounds.

38th Street Park - Basketball courts and playground (ADA compliant).

Big Canyon Nature Park – hiking trails
Bob Henry Park – Multipurpose field, ball diamond, playground, picnic areas Newport Aquatic Center - rowing, canoeing, kayaking, paddle boarding facility

North Start Beach – aquatic center
Spyglass Hill Park – playground, picnic area
16 th Street Community Center – multipurpose facility with classroom

The following Trails serve as citywide resources by reason of providing unique recreational opportunities within the existing urban and natural environment:

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6 Arroyo Trail
Back Bay Trail
Balboa Island Loop
Bonita Canyon Sports Park Trail
Bonita Creek Trail Buffalo Hills Trail
Buck Gully Trail
Castaways Trail
Corona del Mar Loop
Fashion Island Loop
Newport Ridge Trail
Upper Bay Trail
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1 NAMING OF CITY PARKS/PUBLIC FACILITIES & PLAQUE DEDICATIONS

The City of Newport Beach has a comprehensive program to provide park and open space to serve the leisure and recreation needs of residents. It is desirable that appropriate names be selected for parks and public facilities. The following guidelines shall serve as policy on this matter.

A. Suggestions for naming new or existing parks or public facilities shall be reviewed by the Parks, Beaches and Recreation Commission with a recommendation being transmitted to the City Council for approval.

B. New or existing park or public facilities names can be chosen from, but not limited to, the following categories:

1. Streets or schools bordering park

2. Topography

3. Theme

4. Common names already in place for the area

5. Persons that have been deceased for at least fifteen (15) years.

C. Facility rooms or site amenities may be dedicated in honor of persons if done as part of a capital/fundraising campaign and with the approval of the City Council.

D. Plaques for City facilities and parks shall include the City seal in a prominent position and the following information in the specific order given:

1. Council-approved facility or park name.

2. Date of dedication (opening) or rededication.

3. City Council Members currently in office. The names and titles of the Mayor and Mayor Pro Tem shall be first, followed by the names of the remaining Council Members in alphabetical order. For large, multi -year projects, include the names of C ouncil Members who were in office at the time of project award.

4. If applicable, the names of the appropriate, current Board or Commission members.

5. Current City Manager.

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2 6. The name of the appropriate, current Department Director (the director whose department is most closely affiliated with the use of the facility) at the time of dedication or rededication.

7. If applicable, the names of key project partners, i.e., other government entities or funding entities.

8. Optional: the names of the firms of the City’s construction partners, e.g., architect, general contractor, construction manager.

In cases of dedications of a major remodeling project or facility expansion, the existing plaques shall continue to be displayed.

History

Adopted I-22 – 9-12-1988
Amended I-22 – 1-24-1994 (changed to I-9)
Amended I-9 – 2-27-1995
Amended I-9 – 4-8- 2003 (changed to B-9)
Amended B-9 – 5-13-2003
Amended B-9 – 8-8-2017
Amended B-9 – 10-11-2022
Amended B-9 – 2-24-2026
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B-13

1 PUBLIC USE OF CITY FACILITIES

Purpose

City of Newport Beach (City) facilities, which include parks, playing fields, gymnasiums, community rooms and swimming pools, are available to the public for civic, social, educational, athletic, cultural activities and limited commercial use. It is the intent of this Policy to provide use regulations and application and scheduling procedures to accommodate groups that wish to use City facilities.

Procedure

A. Applications to use City facilities must be made on forms provided by the Recreation and Senior Services Department (Department). Applicants must provide all information as may be required by the Department to assure compliance with the requirements and regulations of this Policy.

B. Applicants will be required to provide a security deposit in an amount that will promote use of the Recreation and Senior Services facilities in an orderly manner without damage to the facilities. Security deposits will be refunded upon inspection of facilities and confirmation that no property damage has occurred or additional cleanup is required.

C. Applicants will be required to acknowledge that neither the City nor the Department assumes any liability for injury or loss of personal property. Prior to the use of the facility, the application must have approval of the Recreation and Senior Services Director or designated representative.

D. Approval or denial of a reservation request will be provided within five working days of receipt of a completed application.

E. Reservations for use of Department facilities may be made up to six months in advance, but no later than ten working days before the event with the exception of park reservations which may be made no later than five working days before the event.

F. The City is not liable for any and all accidental injury to any and all persons or loss or damage to group or individual property. When it is deemed to be in the best interest of the general public, the City will require the permittee to furnish a Certificate of Insurance naming the City of Newport Beach as an additional insured. The amount of the insurance shall not be less than $1,000,000 per occurrence of commercial general liability insurance.

G. A Facility Use Permit shall not be transferred, assigned or sublet. All Facility Use Permits will be issued for specific facilities and for specific hours, and the premises must be vacated as scheduled.
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2 H. The reservation request and rental agreement must be completed and signed by an adult age 21 and over who will attend, supervise and be responsible for the entire event or activities. Proof of residency is required at the time of application in order to receive the resident rate. Proof of non-profit status is required at the time of application in order to receive the non-profit rate.

I. A Facility Use Permit which authorizes the rental of facilities may be revoked for violation of any rental policies.

Regulations and Restrictions

All uses of Department facilities will be subject to the following regulations and restrictions:

A. Use of Alcohol.

1. Alcoholic beverages are prohibited and shall not be permitted in or on any municipal facilities operated by the Department, except beer and wine may be served for special occasions at the OASIS Senior Center, Newport Theatre Arts Center (NTAC), Newport Coast Community Center (NCCC), Civic Center Community Room (CCCR), Newport Beach Junior Guard Center, Witte Hall, and Marina Park when done in compliance with State of California Department of Alcoholic Beverage Control (ABC) regulations and approved in writing by the Recreation and Senior Services Director. Approval to serve beer and wine shall not be deemed to approve service of alcohol in violation of Section 25604 of the Business and Professions Code. The Recreation and Senior Services Director will require the permittee to pay City costs to provide additional security when alcohol is served.

2. The use of alcoholic beverages is by written permission only and must be requested at the time the facility use request is submitted. The Department reserves the right to place restrictions on the use of alcoholic beverages in accordance with State l aw and these guidelines. "Alcohol use" means the presence of any beverage that contains any amount of alcohol.

3. Alcohol is not allowed when an event is designated for minors such as school age award programs, birthday parties, and/or receptions.

4. When alcohol is served, there shall be a minimum of two security guards present at the facility at all times. The guards must arrive 30 minutes before guest arrival time and remain until the contract end time . One guard must be positioned at the entrance of the event and one guard positioned in the event area. The parking lot must be monitored every 30 minutes.

The security guards shall have the authority to enforce all rules and regulations governing facility rentals. In the event that the Police are called, the cost of their services shall be deducted from the applicant's security deposit. The applicant will be billed for any costs exceeding the security deposit.

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3 5. No alcoholic beverage shall be served to any person less than 21 years of age. Injuries caused to any person as a result of alcoholic beverages being served to or consumed by someone under the age of 21 while on the City's premises, shall be the sole responsibility of the organization or individual renting the facility.

6. The distribution or consumption of alcoholic beverages shall be in compliance with all applicable laws, including regulations of the ABC. Any organization using City facilities shall be solely responsible for obtaining all permits or licenses relating to the distribution and consumption of alcoholic beverages on the premises.

7. Alcohol may only be served by an adult 21 years of age or older. If evidence is found that alcohol is being served that was not authorized by the Department or to a minor, the Police will be notified and the event will be terminated and all fees and deposits will be forfeited.

8. The City shall require the applicant to carry general liability insurance when alcohol is available, but not sold. The City shall require a full liquor liability premium in addition to general liability insurance when alcohol is sold in exchange for money. The cost of the required liability insurance shall be borne by the applicant.

B. Smoking is prohibited in and on all City property including restrooms and within 100 feet of a park, park facility or beach.

C. For all indoor facility rentals involving youth, 17 years and under, there shall be at least one adult for every 20 minors, or increments thereof, in attendance, who shall remain in the facility for the duration of the activity.

D. No group's activities shall interfere with the administration of the Department.

E. Non-profit 501 (c) (3) groups may use the facility for fundraising activities and charge entrance fees and collect donations provided that a detailed plan of the event, including the expenses, marketing plan and procedure for collecting fees, is submitted with the rental application.

F. Facilities and equipment are to be left in the same condition as they were prior to the rental.

The permittee is responsible to pay for any damage to property or loss of property. A fee equal to total replacement cost will be charged. It shall be the responsibility of the permittee to see that unauthorized portions of the facility are not used. Continued or repeated use of City facilities will be contingent upon care of the facility, property and equipment, and observance of all approved rules and regulations.

G. No gambling of any kind shall be conducted on, or in, City facilities, and the permittee shall insure that no disorderly or illegal conduct shall be allowed in any facility.

H. The use of public address equipment will be limited to that provided by the facility, unless 146
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4 written approval has been secured by the Department through a Special Event Permit.

I. Private groups wishing to collect fees, donations or admission charges, or those using the facility to market a product, give a presentation, or advertise their business, will be considered commercial users.

J. The posted occupancy of City facilities shall not be exceeded.

K. Storage space will not be granted at any time.

L. Facilities are not available for reservations on the following holidays: Christmas Eve, Christmas Day, Easter, Presidents' Day, Independence Day, Labor Day, Martin Luther King Day, Memorial Day, New Year's Eve, New Year's Day, Thanksgiving and Veterans Day.

M. All persons using the facilities shall observe and obey regulations of this policy, the rules of the Department and all applicable City, State and Federal laws, rules and regulations.

N. Vehicles are not permitted on park grass or fields. Parking is permitted in designated spaces.

Overnight parking is not allowed.

0. Minors must remain in the rented facility room and shall not be allowed to roam unsupervised throughout the facility.

P. When no alcohol is served but the group size is 200 or more, one security guard may be required, at the discretion of the Department Director.

Q. Policies and guidelines regarding caterers shall be adhered to.

R. All professional services utilized for events require a City of Newport Beach business license and liability insurance listing the City as additionally insured.

S. Animals are not permitted within City f acilities with the exception of service animals.

However, this provision shall not apply to activities or programs of the Recreation and Senior Services Department.

Fee Classifications - Priorities of Use

Permission for use of City facilities shall be granted on a first- come first-served basis, subject to the following priorities:

A. All official Department initiated and/or conducted activities, including those of the Friends of OASIS at the OASIS Senior Center, and exemptions noted in City Council Policies B -5 and B-10.

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5 B. All official City of Newport Beach activities.

C. All official City co -sponsored groups and/or activities such as community groups and activities which are non-profit, self -governing, privately organized and of an educational nature which may be brought under the sponsorship of the Department.

D. Official public agency sponsored programs and activities not included in A, B, and C above.

E. Youth Sports Commission Member Organizations.

F. Resident non-profit youth serving organizations with 50% or more of membership consisting of Newport Beach residents.

G. Recreational, social, or civic activities of groups which are resident promoted and sponsored by local non- profit* organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents.

H. Recreational or social activities of private Newport Beach residents which are not open to the public (private parties).

I. Recreational, social, or civic activities and/or groups which are non-resident promoted and sponsored by non -profit organizations which are open to the public, but not qualifying under D above.

J. Schools, colleges, hospitals , and other similar civic groups not qualifying under the definition of non-profit.

K. Others.
* Non-profit status is defined as an organization that is so defined by the Internal Revenue Service, § 501(c) (3) and has a State of California Tax Identification Number.

Fees, Deposits, and Cancellation Procedures
Fees may be charged for the use of City facilities and shall be established and periodically adjusted and approved by the City Council. Fees are imposed to cover overhead, processing, deposits, maintenance, and replacement costs for application and scheduling and maintenance of the facilities.

A. A security deposit will be required for all room rentals. All or a portion of the deposit may be retained by the Department after inspection of the facility by the Recreation and Senior Services Director or a designated representative and a determination that the facility has not been left clean and/or in good repair.

B. A separate additional cleaning fee may be charged for rental of the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center, Witte Hall, and Marina Park Community Center.

C. No fee or deposit shall be charged for use of City facilities by the City of Newport Beach, or events 148
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6 co-sponsored by the City of Newport Beach or its departments, with the exception of direct costs.

D. Cancellations for any facility other than the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center, Witte Hall, and Marina Park may occur seventy -two hours prior to the scheduled use of facilities without forfeiting fees collected by the City, with exception of a City service refund processing fee. Cancellations with less than seventy-two hour notice will be charged a cancellation fee established by resolution of the City Council. In the event of cancellation by the City, notice will be given as far in advance of the scheduled use as possible.

E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center, Witte Hall, and Marina Park that occur less than thirty days prior to the scheduled use of the facility will be charged 25% of the rental fee. Cancellations with less than seventy-two hour notice will be charged the entire rental fee.

History

Adopted I-5- 11-22-1962 ("Use Priorities and Fees")
Amended I-5- 3-9-1970
Reaffirmed I-5- 2-14-1972
Adopted G-4- 5-13-1974 ("Use of City Facilities")
Amended I-5- 5-28-1974
Amended I-5- 2-13-1978
Amended G-4 and I-5- 10-10-1978
Amended I-5 - 2-12-1979
Amended I-5- 5-14-1979
Amended I-5- 8-28-1979
Amended I-5- 11-26-1979
Amended G-4 and I-5- 2-9-1981
Amended I-5- 11-23-1981
Amended I-5- 10-12-1982
Amended I-5- 10-25-1982
Amended G-4 and I-5- 4-23-1984
Amended I-5- 11-28-1988
Amended I-5- 11-27-1989
Amended I-5- 3-25-1991
Adopted I-25- 5-26-1998 ("Public Use of City Facilities", and incorporating G-4 and I-5) Amended I-25- 5-8-2001
Amended I-25- 4-23-2002
Amended I-25- 4-8-2003
Amended I-25- 7-22-2003 (changed to B-13)
Amended B-13- 9-13-2005
Amended B-13- 10-10-2006
Amended B-13- 8-11-2009
Amended B-13- 5-14-2013
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7 Amended B-13- 5-12-2015
Amended B-13- 8-8-2017
Amended B-13- 11-14-2023
Amended B-13- 2-24-2026

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D-9

1 ECONOMIC DEVELOPMENT POLICY

Purpose

The City Council recognizes that the City’s ability to deliver quality municipal services is dependent on adequate tax revenues derived primarily from the properties and businesses located within the city. Healthy, thriving businesses not only increase property, sales and bed taxes, but they also provide employment opportunities that support local businesses and the strong residential property values that Newport Beach enjoys. The City Council seeks to promote economic prosperity and growth within the city to maintain and enhance a healthy economy, provide revenues for high quality municipal services, and infrastructure maintenance and improvements, and preserve the unique commercial villages in Newport Beach. All of these objectives serve the overriding purpose of protecting the quality of life of Newport Beach residents, and the City Council recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community.

Policy Implementation

The City Manager shall provide an effective and efficient structure for implementing economic programs, utilizing staffing or consulting services in support of key directives from the City Council.

History

Adopted G-1 – 10-28-1968 (“Improvement in Govt. Efficiency & Economy) Amended G-1 – 11-12-1968
Amended G-1 – 3-9-1970
Reaffirmed G-1 – 2-14-1972
Amended G-1 – 12-10-1973
Reaffirmed G-1 – 11-11-1974
Adopted F-28 – 3-22-1993 (incorporating G-1, “Economic Development Policy”) Amended F-28 – 1-24-1994 (changed to F-17)
Amended F-17 – 5-8-2001 (changed to K-10)
Amended K-10 – 6-10-2008
Amended K-10– 9-27-2011 (changed to D-9)
Amended D-9 – 8-8-2017
Amended D-9 – 2-24-2026
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1 INCOME AND OTHER PROPERTY
The City owns and manages an extensive and valuable assortment of property including streets, parks, beaches, public buildings and service facilities. The City also owns, ground leases, and/or operates a yacht basin, resort hotel and apartment property, a luxury residential development , and various other income - producing properties. Much of the income property is tidelands, filled tidelands , or waterfront. The unencumbered fee value of income property is substantial.

As owner/manager of property, the City is the steward of a public trust, and State law requires the City to maximize its returns on State-managed property or be subject to a charge of not protecting the public interest. Nevertheless, the City Council recognizes the importance of this property not only as a revenue generator, but also as a means to provide otherwise financially less feasible uses and facilities that benefit the community.

In managing its property, the City will continually evaluate the potential of all City owned property to produce revenue. This may include leasing or licensing unused land, renting vacant space, and establishing concessions in recreation areas or other similar techniques. The City Council will evaluate the appropriateness of establishing new income-generating opportunities on City controlled areas using sound business principles and after receiving input from neighbors, users and the public.

Subject to limited exceptions, the City is required to comply with the California Surplus Land Act (“Surplus Land Act”) (Gov. Code, §§ 54220-54234) before taking any action to dispose (including the long-term lease and sale) of City property by declaring it either surplus land or exempt surplus land. Under the Surplus Land Act, not every action involving land owned by the City constitutes a “disposition of property,” meaning that not every use or transfer of la nd automatically triggers the requirements of the Surplus Land Act. Each real property transaction will require its own analysis to determine whether the Surplus Land Act applies and the steps the City is required to take for compliance, if any.

The policy of the City Council is that income and other property be held and managed in accordance with the following:

A. Whenever a lease, license, management contract, concession , or similar action regarding income property is considered by the City, an analysis shall be conducted to determine if the Surplus Lands Act applies to the transaction, and the maximum or open market value of the property. This analysis shall be conducted using appraisals or other techniques to determine the highest and best use of the property and the highest income generating use of the property.

B. All negotiations regarding the lease, license, management contract, concession, or similar action regarding income property shall include review of an appraisal or analysis of the use being considered for the property conducted by a reputable and independe nt professional appraiser, real estate consultant, or business consultant.

C. The City shall seek, whenever practical and financially advantageous, both in the short and long term, to operate or manage all property and facilities directly with City staff or contractors, provided staff has the expertise needed to competently do so, or to oversee the work of contractors. 152
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2 D. In most negotiations regarding the lease, license, management contract, concession, or similar action regarding an income or other property, the City shall seek revenue equivalent to the open market value of the highest and best use; and, whenever practicable the City shall conduct an open bid or proposal process to ensure the highest financial return.

E. However, in some circumstances the City may determine that use of a property by the public for recreational, charitable, or other nonprofit purpose is preferred and has considerable public support, in which case the City may determine that non -financial benefits justify not maximizing revenue from such property. In such circumstances, the City has a vested interest in ensuring that the lessee of such property operates the activities conducted on or from the property in the manner that has been represented to the City throughout the duration of any lease or contract with the City.

F. Whenever less than the open market or appraised value is received or when an open bid process is not conducted, the City shall make specific findings setting forth the reasons thereof. Such findings may include but need not be limited to the following:

1. The City is prevented by tideland grants, Coastal Commission guidelines , or other restrictions from converting the property to another use.

2. Redevelopment of the property would require excessive time, resources, expertise and costs, which would outweigh other financial benefits.

3. Converting the property to another use or changing the operator, manager, concessionaire, licensee, or lessee of the property would result in excessive vacancy, relocation or severance costs, real estate commissions, tenant improvement allowances, expenses , or rent concessions which would outweigh other financial benefits.

4. Converting residential property to another use or opening residential leases to competitive bid would create recompensable liabilities and other inequities for long-term residents.

5. The property provides an essential or unique service to the community , is an essential community asset, or a clearly preferred use that enjoys substantial support in the community that might not otherwise be provided were full market value of the property be required.

6. The property serves to promote other goals of the City such as affordable housing, preservation of open space, uses available to the public, or marine related services.

G. Generally, lengths of licenses, leases, management contracts, concessions, or similar agreements will be limited to the minimum necessary to meet market standards or encourage high quality improvements and will contain appropriate reappraisal and inflation protection provisions. Also, all agreements shall contain provisions to assure complete audits periodically through their terms.

H. All negotiations regarding the license, lease, management contract, concession , or similar action regarding income property shall be conducted by the City Manager or his/her designee under the direction of any appropriate City committees.

I. To provide an accurate accounting of actual net revenues generated by the City ’s income property, all costs directly attributable or allocable to the management of a specific income property shall be charged against the gross revenues collected on that property in the fiscal year the costs are incurred. 153
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3 Costs so chargeable include, but are not limited to, property repairs and maintenance, property appraisals, and consultant fees, as authorized by the City Council, City Manager, or by this Policy.

J. The City Manager or his/her designee is authorized to sign a license, lease, management contract, concession, or similar agreement or any amendment thereto, on behalf of the City. Notwithstanding the foregoing, the City Manager or his/her designee, or a City Council member, may refer any license, lease, management contract, concession or similar agreement or any amendment thereto, to the City Council for its consideration and/or action. For those agreements where less than the open market or appraised value is received or an open bid process was not conducted, the City Manager shall inform the City Council at least forty -five (45) days prior to extending the term of the agreement.

K. The City’s portfolio of quality income-producing properties adds an element of diversification to a portfolio otherwise invested primarily in financial assets. Certain of those income properties are restricted from sale by their terms of grant, state agency regulations or rules, other federal and state guidelines, private covenant or agreement or otherwise. For those properties not so restricted from sale, an analysis shall be prepared to determine the following prior to such income producing property being offered for sale:

1. The process for complying with the Surplus Lands Act.

2. The maximum open market value of the City’s interest in the property in its as is condition.

3. If the property is in an important location, a determination of the possible future consequences of the City no longer controlling that property.

4. If the current rent is contractually low and significant rent increases are likely within a finite period.

5. The likelihood of significant increases in the ability of the property to generate income after the expiration of any current lease of the property.

6. The likelihood of a lease extension being requested by the tenant and the ability to substantially increase rents or require significant improvements to enhance the utility and the value of the property as consideration for granting such an extension.

7. The value of the revenue stream from (i) lease income over the life of an existing lease and/or (ii) likely lease revenue if an existing lease were to be renewed or the property re -let to a different tenant; and/or (iii) lease income from the property if i t were to be converted to its highest and best use, compared with the financial benefits of the use of the proceeds of a sale and if, considering the totality of the circumstances, such use of the proceeds of a sale is preferable to retaining the property in question.

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4 History

Adopted F-24 – 7-27-1992
Amended F-24 – 1-24-1994
Amended F-7 – 2-27-1995
Amended F-7 – 2-24-1997
Amended F-7 – 5-26-1998
Amended F-7 – 8-11-2009
Amended F-7 – 5-14-2013
Amended F-7 – 2-12-2019
Amended F-7 – 11-14-2023
Amended F-7 – 2-24-2026
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F-8

1 CITY TRAVEL POLICY STATEMENT

Purpose

To set forth the policy for official City travel for reimbursement of expenses incurred by City Council members, appointed officials, members of special boards, commissions, committees, and employees while traveling overnight on official City business. This policy will not apply for commuter (local) training seminars and local City business expenses, nor is it intended to supersede Police Officer Standard Training reimbursable travel policies established by the State of California or the Newport Beach Police Department.

The governing rule for all City travel expenses will be availability, economy, convenience, and propriety.

Travel Policy

A. The City will provide reimbursement for expenses directly related to attendance at approved conferences, seminars, meetings, and other official functions / purposes.

B. Official travel is planned, approved, and budgeted at the department level.

C. All official travel must be approved prior to the time of the travel by the Administrative Services Director.

D. The City Manager will adopt and enforce administrative procedures that assure that all City authorized travel is:

1. Paid directly by the City or reimbursed to the traveler based on actual, itemized expenses or covered by per diem payment.

2. The City’s per diem rate for Meals and Incidental Expenses (M&IE) will be equal to the U.S. General Services Administration’s (GSA) M&IE rates. (www.GSA.gov).

Procedure

A. Each Department Director will include all planned trips in the department's annual budget requests.

The Travel Authorization Form will be used as a planning/cost estimation guide. For unbudgeted, unplanned travel, the same form will be prepared at the time travel is requested.

B. All requests for travel advances will include the original Travel Authorization Form signed by the Department Director.

C. The Travel Expense Claim Form will be used to file the final travel claim with the Administrative Services Director. A copy of the Travel Authorization Form must be attached.

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2 Special Reimbursement Rules Related to Legislative Bodies Including City Council, Appointed Officials, Members of Special Boards, Commissions and Committees

The California Government Code Section 53232 et seq. provides restrictions on expense reimbursements paid to members of legislative bodies, which include members of the City Council, appointed officials, and members of special boards, commissions and committees created by charter, ordinance, resolution, or formal action of the City Council. Members of a legislative body may only be reimbursed for actual and necessary expenses incurred in the performance of official duties and their travel claims must be accompanied by the receipts documenting each expense.

Continuity of City Government Policy

With the advent of different modes of rapid transportation, there is the possibility of accidents injuring or killing several people simultaneously. Since Council Members are required to attend conferences, conventions, and meetings outside City Hall, it is desirous to require that whenever possible, no more than three members of the City Council use the same transportation at the same time.

When it comes to the Council's attention that a conference, convention, or meeting in which transportation is required, Council Members shall try to arrange their itinerary so that no more than three members of the City Council use the same transportation. The City Clerk will be utilized to provide alternate travel arrangements where necessary to comply with this policy.

This policy will help ensure that there will be a continuity of City government and that there is always a majority of Council members capable of fulfilling the responsibilities placed upon them by the City.

In addition, the City Manager, Department Directors and other key personnel should use the same guidelines in traveling separately on official business whenever practicable.

History

Adopted A-2 – 5-13-1963 (“Authorization of Staff Trips”) Amended A-2 – 8-30-1966
Amended A-2 – 11-12-1968
Amended A-2 – 3-9-1970
Amended A-2 – 2-14-1972
Adopted A-11 – 12-10-1973 (“Council Travel)
Amended A-2 – 11-11-1974
Amended A-11 – 11-23-1981
Amended A-11 – 11-28-1988
Adopted F-25 – 6-8-1992 (“City Travel”) (incorporating A-2 and A-11) Amended F-25 – 1-24-1994 (changed to F-8)
Amended F-8 – 2-26-1996
Amended F-8 – 4-23-2002
Amended F-8 – 10-10-2006
Amended F-8 – 8-11-2009
Amended F-8 – 9-27-2011
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3 Amended F-8 – 2-12-2019
Amended F-8 – 5-25-2021
Amended F-8 – 12-9-2025
Amended F-8 – 2-24-2026
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F-14
1 CONTRACT PROCUREMENT AND AUTHORITY TO CONTRACT

Purpose

This policy sets forth requirements for contract procurement and City Council’s delegation of authority for entering into contracts. “Entering into a contract” or “executing a contract” is synonymous with the awarding and signing of a contract and means t he formal approval of the contract terms and intent to be bound thereby. “Contracts” includes all agreements, purchase orders, and purchase requisitions, which is applicable regardless of whether the City is expending or receiving funds. The types of contr acts covered by this policy include, but are not limited to, settlements, right of entry agreements, cost sharing agreements, joint defense agreements, cooperative agreements, reimbursement agreements, grant agreements, professional services agreements, fo rmer employee services agreements , independent instruction and recreation contracts, public works contracts, and “as-needed” or “on-call” services agreements.

Background

The City shall not be bound by any contract or amendment thereto, unless the same shall be made in writing, approved by the City Council or employee designated by the City Council; signed on behalf of the City by (i) the Mayor or by such other employees designated by the City Council, (ii) the City Clerk, and (iii) the City Attorney (Charter § 421). The City Attorney shall approve the form of all contracts made by the City and amendments thereto and all bonds given to the City, endorsing his or her approva l thereon in writing (Charter § 602(e)).

Delegation of Authority to Enter Into and Amend Contracts

The City Council hereby delegates its authority to contract to the City Manager and through him or her to the Assistant City Manager, Department Directors, and to the City Attorney as set out below. The City Manager has final authority to approve any contract within the City Manager’s approval limit.

All formalities required under the provisions of the Charter shall be applied to these contracts.

The City Manager may make exceptions to the City’s standard contract terms, including but not limited to, insurance and indemnification requirements, based on operational considerations and weighing the particular risks involved. When deciding 159
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2 whether to modify standard contract terms, the City Manager shall consult with the City Attorney and Department Directors, as necessary. This authority shall not be delegated below the Assistant City Manager level.

Contracts may not be written to circumvent any of the authority limits described herein.

The City Manager shall, in consultation with the City Attorney, adopt and enforce administrative procedures that ensure: (1) all contracts are entered into at a reasonable, fair and competitive price to the City; (2) all necessary formalities are followed and the requirements of federal, state, and local laws, including Council policies, are met; (3) best accounting practices are followed; and (4) the contracting process of the City is open and transparent, and provides accountability.

A. Authority to Enter into Contracts

The authority to enter into original contracts is delegated as set out below.

1. The City Manager

The City Manager is authorized to execute all contracts without prior Council approval, in an amount that shall not exceed $120,000. For contracts involving expenditure of funds, the services and the funds must have been approved by the City Council as par t of the annual approved budget. Execution of contracts for grants and donations shall be in accordance with City Council Policies F -3, F-25 and B -17. This authority shall not be delegated below the Assistant City Manager level.

2. Department Directors

Department Directors, including the City Attorney and City Clerk, are authorized to execute contracts without prior City Manager or Council approval in an amount not in excess of $75,000. For contracts involving expenditure of funds, the services and funds must have been approved by the City Council or City Manager as part of the annual approved budget. This authority may not be delegated below the Assistant or Deputy Director level. The City Manager has authority to approve requests for budget increases without City Council approval at the level set forth in Policy F-3, Section E-1 (“Administration of the Annual Budget, New Appropriations”).
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3 3. City Attorney

The City Attorney is authorized to execute contracts for all services for outside counsel, investigators, and experts related directly to and necessary for prosecution and defense of pending litigation as defined in the Brown Act, and for services for outs ide counsel, investigators, and experts necessary to address other pending or potential legal claims or legal issues so long as funds for outside counsel, investigators, experts and related legal services were approved by the City Council as part of the ap proved annual budget. The City Attorney shall keep Council informed regarding any such expense that exceeds $120,000 on not less than a quarterly basis and shall seek budget updates, if needed, within a timely fashion. Additionally, the City Attorney shall have authority to enter into contracts to resolve claims, litigation and other legal disputes where the City is receiving or expending an amount not in excess of $75,000.

B. Authority to Amend Contracts

If circumstances arise that were not reasonably foreseeable by the parties at the time of contracting which make extra work or material necessary for the proper completion of the service originally contracted for, a contract amendment and corresponding increase in total contract amount may be necessary. Under those circumstances, the City Manager, Department Directors, City Clerk and City Attorney are authorized to amend contracts as set out below. For purposes of this policy, “total contract amount” is def ined as the total consideration paid over the term of the agreement, including any previous amendments to the contract. “Original contract amount” is defined as either the amount of compensation agreed upon when the contract was first entered into or the amount of compensation most recently approved by the City Council by amendment, whichever is greater.

1. City Manager

Contracts within the City Manager’s Contracting Authority

The City Manager may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the 161
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4 total contract amount as amended does not exceed $120,000 and the term extension does not exceed the maximum allowable contract term.

Contracts approved by City Council

The City Manager may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the total contract amount does not exceed 125 percent of the original contract amount or the original contract amount plus an additional $120,000, whichever amount is less, and the term extension does not exceed the maximum allowable contract term.

2. Department Directors

The Department Director, including the City Clerk and City Attorney, who entered into the contract or whose department is designated as the contract administrator, may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the total contract amount as amended does not exceed $75,000 and the term extension does not exceed the maximum allowable contract term.

3. Amendments in Cases of Possible Work Stoppage or Undesirable Delay

The City Manager is authorized to execute a contract amendment that increases the total contract amount up to 150 percent of the original contract amount in cases where a work stoppage or other undesirable consequence will result if approval of the amendment is delayed until the next City Council meeting. Within twenty -four (24) hours, the City Manager shall notify the City Council Members of any such amendment.

4. Amendments Necessary to Address Emergency Situations

In the event of emergency work requiring an amendment to an existing contract, the emergency contracting policy outlined below may be followed.

Special Requirements

Competitive proposals should be obtained for service contracts whenever possible before resorting to negotiated awards.
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5 A. Professional Services Contracts

Services of a professional nature shall be obtained through a qualifications based selection process based on demonstrated competence and qualifications for the types of services to be performed and with the objective of selecting the most qualified consultant at a fair, reasonable and verifiably appropriate cost.

The procedures for achieving this goal shall be adopted and applied by the City Manager in the Administrative Procedures Manual.

B. Services Contracts (Non-Professional)

The City shall select services contractors though a Request for Proposal (RFP) or a Request for Bid (RFB) process, whichever serves the City’s best interest.

Contracts through the RFB process shall be awarded based solely on pricing and minimum qualificati ons to determine the most responsive and responsible bidder. Contracts through the RFP process shall be awarded based on both qualifications and pricing to determine the best value to the City.

C. Maintenance and Repair Service Contracts

A service contract for maintenance or repair work that is fixed or of a definite nature (not on -call) and over the formal bid dollar amount in Charter Section 1110 must be requisitioned as a formal public works contract. For contracts not exceeding the formal bid dollar amount, the City may select services contractors though the RFP or RFB process, whichever serves the City’s best interest based on the service to be provided.

D. Public Works Contracts

Contracts for public works where the total expenditures for the project exceed the formal bid dollar amount shall be awarded consistent with the provisions of Charter Section 1110 and relevant provisions of the California Public Contract Code.

E. Procurements and Contracts Involving Federal or Pass-Through Funding

Procurements expending funds from federal grants or awards received directly by the City or from a pass-through agency, such as the State of California, must comply with the provisions of Title 2 of the Code of Federal Regulations (“CFR”) 163
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6 Sections 200.318 through 200.326. To ensure the City’s adherence to the Federal guidelines related to these procurements and contracts, the City Manager has adopted procurement procedures for such projects in the Administrative Procedures Manual.

F. Independent Instruction and Recreation Contractors

Department Directors are authorized to execute contracts with independent contractors for instructional, educational, cultural, or recreational purposes (“Instruction and Recreation contracts”) where the fees paid by the City are based upon either a percen tage of fees collected by City for a program or on a flat rate basis for tasks performed by the contractor.

Instruction and Recreation contracts shall not exceed five (5) years in duration and shall include a termination clause granting the City the right, at its sole discretion and with or without cause, to terminate the contract at any time by giving seven (7) calendar days’ prior written notice.

Should fees paid under an Instruction and Recreation contract exceed $75,000 during the term of the contract, the Department Director shall provide written notice to the City Manager identifying the program and independent contractor.

The City Manager shall give written notice to the City Council should fees paid exceed $120,000.

G. On-Call Contracts for Services (Professional or Non-Professional)

The City Manager and Department Directors are authorized to enter into on-call (“as-needed”) agreements for obtaining services, including but not limited to professional services and maintenance and repair services, where the need for services is contingent, does not have a set timeframe, or where the size of the job does not warrant the expense of entering into individual agreements for each service.

On-call services contracts shall not exceed five (5) years and shall include a termination clause granting the City the right, at its sole discretion and with or without cause, to terminate the contract at any time by giving prior written notice of seven (7) calendar days. The City Manager is authorized to extend an on-call services contract for up to six (6) months if work has been authorized or encumbered during the initial term but not completed.

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7 City Council approval is required for: (1) an on -call contract that exceeds $120,000, and (2) on -call contracts to multiple contractors stemming from a single procurement where the combined amount of the contracts exceeds $120,000.

On-call contracts may not be used to perform maintenance or repair work in contravention of Charter Section 1110. For example, a project, task, job, or work order in an amount in excess of the formal bid dollar amount in Charter Section 1110 cannot be perf ormed under an on -call maintenance or repair services contract but must be requisitioned as a public works project.

H. Emergencies

Services contracts obtained for purposes of responding to an emergency (as defined in Newport Beach Municipal Code Section 2.20.020) that exceed the signing authority of the City Manager or Department Director as authorized in this policy shall be brought to the City Council at its next regularly scheduled meeting for review and authorization.

I. Contracts with Former Council Members and City Employees

City Council approval is required for the following when not more than five (5) years have passed since a person who is a former Council Member or City employee has left service with the City:

1. All professional services contracts with former Council Member or City employees;

2. All professional services contracts with a corporation or other business entity owned or operated by a former Council Member or City employee or that employs a former Council Member or City employee.

J. Exceptions to Competitive Procurement Requirements

Certain commodities and service types are unique or otherwise not amenable to traditional procurement and bidding procedures. The City Manager shall prescribe in the Administrative Procedures Manual alternative procedures and methods for the procurement of such items, e.g. cooperative agreements and piggyback agreements, and ensure that the pricing involved in the procurements is competitive to the greatest extent possible.

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8 General Procedures

A. Contract Retention

The City Clerk shall retain all original executed contracts in accordance with the City’s current adopted Records Retention Schedule. Contracts shall be posted into the City’s electronic document database in order to maintain transparency in contracting.

B. Insurance

All contracts shall be accompanied by proof of the appropriate level of insurance at the time of execution. The insurance level required shall be in accordance with the City’s published Contract Templates (or as otherwise approved by the City Manager or City Attorney).

C. Reporting

At least once annually, the City Manager shall report to the Council the summary of all contracts entered into by the City Manager and Department Directors. The summary shall include the vendor, the department responsible that will oversee the contract, th e purpose of the contract, and the contract amount.

D. Consumer Price Index Adjustment

Beginning July 1, 2026, and on the anniversary date each year thereafter , the dollar amounts set forth in this policy , as previously adjusted, shall increase, but not decrease, based on the change in the Consumer Price Index. Each annual adjustment shall be applied cumulatively to the dollar amounts in effect immediately prior to the adjustment. The increase to the amount s set forth in this policy shall be determined by calculating the percentage change from March of the prior year to March of the current year. The adjusted amount shall be rounded up to the nearest $1,000.00. As used herein, the term “Consumer Price Index” means the Los Angeles-Long Beach-Anaheim, California Area, All Urban Consumers, All Items, Base Period (1982 -84 = 100), or successor index, as published by the United States Department of Labor, Bureau of Labor Statistics.

This subsection shall not apply to Public Works Contracts, which are governed by Charter Section 1110.

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9 Future Amendments to Policy

Any future changes in the provisions of this policy shall be made by resolution of the City Council.

History

Adopted F-14 – 09-22-1969 (Purchase Authority for Goods & Materials) Reaffirmed F-14 – 03-09-1970
Reaffirmed F-14 – 02-14-1972
Amended F-14 – 11-11-1974
Amended F-14 – 11-24-1975
Amended F-14 – 12-08-1975
Amended F-14 – 11-24-1986
Amended F-14 – 05-26-1987
Adopted F-14 – 01-24-1994 (new F-14) (Authority for Contracts) Amended F-14 – 01-24-1994 (old F-14) (changed to F-5)
Amended F-5 – 02-26-1996
Amended J-1 – 11-10-1997 (Contracts with Former Employees) Amended J-1 – 03-09-1998
Amended J-1 – 03-22-1999 (changed to F-20)
Amended F-5 – 03-14-2000
Amended F-20 – 04-08-2003
Amended F-14 – 04-13-2004
Amended F-5 – 11-22-2005
Amended F-14 – 05-09-2006
Amended F-14 & F-5 – 01-25-2011
Amended F-14 – 05-12-2015
Amended F -14 – 02-23-2016 (incorporating F -5 & F -20 and renaming “Authority to Contract”)
Amended F-14 – 06-26-2018
Amended F-14 – 02-12-2019
Amended F-14 – 12-13-2022
Amended F-14 – 12-09-2025
Amended F-14 – 02-24-26

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1 POLICY AND PROCEDURES FOR CITY DISTRIBUTION OF TICKETS OR PASSES

Background

The Newport Beach City Council, Boards, Commissions , and officials are subject to certain laws and regulations pertaining to gifts. The Fair Political Practices Commission ("FPPC") enforces the provisions of the Political Reform Act contained in Government Code Section 81000 et seq., as well as the regulations contained in Title 2, California Code of Regulations, Sections 18110 et seq.

Purpose

The City strives to provide impartial and high-quality services to its residents, businesses , and visitors. The receipt by City officials of gifts or other items of value can be perceived as attempts to influence City operations and the City wishes to avoid any appearance of impropriety or favoritism. However, City official attendance at public events is necessary to achieve the goals of governance, both to promote the policies of the City and to maintain close contact with the citizens and interest groups within the city. This policy outlines a fair and impartial procedure for the disposition of tickets or passes by the City in furtherance of a governmental purpose. It implements the directives of FPPC regulations and establishes procedures as required by Title 2, Division 6, Chapter 9.5, Section 18944.1 of the California Code of Regulations, for the acceptance and distribution of tickets or passes by the City. This Policy also ensures that tickets or passes distributed by the City are disclosed upon the required FPPC forms.

Application of Policy

This policy applies to tickets or passes which provide admission to a facility or event for an entertainment, amusement, recreational, or similar purpose, and are: gratuitously provided to the City by an outside source; acquired by the City by purchase; acquired by the City as consideration pursuant to the terms of a contract; or acquired and distributed by the City in any other manner.

Tickets or passes shall be distributed under this Policy at the sole discretion of the City pursuant to this Policy. Tickets or passes distributed under this Policy shall not be earmarked for distribution to a City Official or person by any outside source.

A ticket or pass may only be distributed by the City under this Policy if it serves a public purpose as set forth below. If the ticket or pass does not serve a public purpose , it shall be returned to its source or shall be given to an active 501(c)(3) non -profit, charitable organization that does business within the city. The Ticket Administrator shall make the necessary determinations under this Policy.

This policy does not apply to any other item of value provided to the City or any City Official, regardless of whether it is received gratuitously or for which consideration is provided.

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2 Definitions

A. Unless otherwise expressly provided herein, words and terms used in this policy shall have the same meaning as those ascribed to such words and terms in the California Political Reform Act of 1974 (Government Code Sections 81000, et seq., as the same may from time to time be amended) and the FPPC Regulations (Title 2, Division 6 of the California Code of Regulations, Sections 18110 et seq., as the same may from time to time be amended).

B. "City Manager" means the City Manager or his/her designee.

C. "City Official" means City Council Members, the City Manager, Assistant City Manager, City Attorney, City Clerk, and Department Heads.

E. “Immediate family” means and includes a spouse and dependent children.

F. "Pass" means a ticket that provides repeated access, entry or admission to a facility or series of events and for which similar passes are sold to the public.

G. "Ticket" means anything that provides access, entry, or admission to a specific future event or function and for which similar tickets are sold to the public to view, listen to, or otherwise take advantage of the attraction or activity for which the ticket is sold and includes any benefits the ticket provides. As used herein, a “ticket” includes any pass.

General Provisions

A. No Right to Tickets : The use of complimentary tickets is a privilege extended by the City and not the right of any person to which the privilege may from time to time be extended.

B. Limitation on Transfer of Tickets : Except as expressly set forth herein, t ickets distributed pursuant to this policy shall not be transferred to any other person other than: an immediate family member for personal use; or a single guest of the attendee.

C. Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who receives a ticket pursuant to this policy shall sell or receive reimbursement for the value of such ticket.

D. No Disproportionate Use: The disproportionate use of tickets by a City Official is prohibited.

Ticket Administrator

A. The City Manager shall be the Ticket Administrator for purposes of implementing the provisions of this Policy.

B. The Ticket Administrator shall have the authority, in his /her sole discretion, to establish procedures for the distribution of tickets in accordance with this policy. All requests for tickets which fall within the scope of this Policy shall be made in accordance with the procedures established by the Ticket Administrator.

C. The Ticket Administrator shall determine the face value of tickets distributed by the City for purposes of this Policy.
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3 D. The Ticket Administrator, in his/her sole discretion, may revoke or suspend the ticket privileges of any person who violates any provision of this Policy or the procedures established by the Ticket Administrator for the distribution of tickets in accordance with this Policy.

Conditions Under Which Tickets May be Distributed

A. Subject to the provisions of this Policy, complimentary tickets may be distributed to City Officials, or at the behest of a City Official, under the following conditions:

1. The City Official Reimburses the City for the face or fair value of the ticket(s), whichever is applicable. Reimbursement shall be made at the time the ticket (s) is distributed to the City Official.

2. The City Official treats the ticket(s) as income consistent with applicable federal and state income tax laws.

3. The City Official uses, or behests, such tickets to accomplish one or more of the following public purposes:

(a) Performance of a ceremonial role or function representing the City at the event.

(b) The job duties of the City Official require his or her attendance at the event.

(c) Promotion of local and regional businesses and economic development within the City, including, but not limited to, conventions, and conferences.

(d) Promotion of City-controlled or sponsored events, activities or programs.

(e) Marketing promotions that highlight the achievements of residents and businesses.

(f) Promotion of marketing of private facilities available for City resident use, including charitable and nonprofit facilities.

(g) Promotion of public facilities, landmarks, special events, and community events.

(h) Intergovernmental relations purposes, including but not limited to attendance at an event with or by elected or appointed public officials from other jurisdictions.

(i) Attracting or rewarding volunteer public service.

(j) Exchange programs with foreign officials and dignitaries.

(k) Supporting and/or showing appreciation for programs or services rendered by non- profit organizations benefiting Newport Beach residents.

(l) Encouraging or rewarding significant academic, athletic, or public service achievements by Newport Beach students, residents, or businesses.

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4 (m) Attracting and retaining highly qualified employees in City service.

(n) As special recognition or reward for meritorious service by a City employee.

(o) For use in connection with a City employee competition or drawing.

(p) Recognition of contributions made to the City by former City Council Members or City Council appointees.

(q) Special outreach or support programs for active military, veterans, teachers, emergency services, medical personnel, and other civil service occupations.

B. Tickets distributed to a City Official or City employee for a public purpose set forth above may only be distributed to: the City Official or City employee and their family members; or City Official or City employee and one guest.

Distribution of Tickets or Passes by the City.

A. City Officials shall have authority to request tickets from the Ticket Administrator.

B. Ticket requests do not guarantee ticket distributions. The Ticket Administrator is responsible for selecting recipients to receive tickets.

C. Tickets distributed pursuant to a City Official’s request are distributed at the behest of that City Official for FPPC reporting purposes. If tickets are distributed at the behest of a City Official, such City Official shall not use one of the tickets to attend the event.

Reporting Obligations

A. The Ticket Administrator shall manage the receipt, distribution , and accounting for all tickets or passes subject to this Policy.

B. The Ticket Administrator shall be responsible for completing or having the City Clerk complete the FPPC Form 802 for each distribution to a City Official, or made at the behest of a City Official, and complying with the posting requirements. The City Clerk shall maintain a completed Form 802 for not less than four (4) years, or other period as specified in any applicable FPPC Regulation. If the ticket or pass is distributed to a department or other uni t of the City, and not a City Official , the City may report the name of the department or other unit of the agency receiving the ticket or pass and the number of tickets or passes provided to the department or unit in lieu of reporting the name of the individual employees.

C. The Tic ket Administrator shall be responsible for providing information regarding recipients as required by the Office of the Comptroller for tax reporting purposes.

D. The City Clerk shall cause this policy to be posted on the City website and shall see to it that the most current version of this policy is available in a prominent fashion on the City website. The City Clerk shall send, via email, to the Fair Political Practices Commission the City’s website link that displays this policy so that the Commission may post the website link.

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5 Other Provisions

A. A City Official may return any ticket or pass unused to the Ticket Administrator for redistribution pursuant to this Policy.

B. If a ticket or pass is distributed pursuant to this Policy, it shall not be considered a gift to the recipient and shall not be reported as a gift on FPPC Form 700.

History

Adopted A-8 - 03-09-1970 (Comp Balboa Bay Club Cards)
Reaffirmed A-8 - 02-14-1972
Amended A-8 - 12-10-1973
Amended A-8 - 11-11-1974
Amended A-8 - 02-23-1981
Adopted F-27 - 06-23-2009 (unknown when A-8 no longer in use) Amended F-27 - 05-12-2015
Amended F-27 - 09-10-2019
Amended F-27 02-24-2026
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1 RETENTION, REMOVAL OF CITY TREES
Purpose

To establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest with an inventory that the City can reasonably maintain in a healthy and safe condition through the efficient use of City resou rces. To educate the public of the protections of the City’s Urban Forest and guide, in a user-friendly way, the mechanisms in place for tree replacements. With the passage of time, adjustments in the City’s tree inventory may be necessary. Therefore, this policy also establishes definitive standards for the retention, removal, and reforestation of City trees. City trees are an important part of the character and charm of the entire City and provide environmental benefits as well. Regular care and programmed replacements are necessary to preserve this charm while at the same time protecting public views consistent with City Council Policy G -3, providing personal safety, and preventing public and private property damage and providing a sustainable urban forest.

I. DEFINITIONS
A. “Commission” is defined as the Newport Beach Parks, Beaches and Recreation Commission.

B. “Diseased” or “Diseased tree” is defined as a tree that cannot be cured by current arboricultural methods, in an advanced state of decline, and has no prospect of recovery.

C. “Dying” or “Dying tree” is defined as a tree that have no prospect of recovery.

D. “Hazardous” or “Hazardous tree” is defined as a tree that is defective, has a potential to fail, and would cause damage to persons and property upon failure.

E. “Problem Tree" is defined as a tree that by virtue of its species is known to cause excessive hardscape or utility damage due to its excessive root system.

The following trees are defined as Problem Trees:

1. Ficus nitida (Indian Laurel Fig)

2. Ficus rubiginosa (Rusty Leaf Fig)

3. Ficus benjamina (Weeping Fig)

4. Fraxinus uhdei (Shamel Ash)

5. Cupaniopsis anacardioides (Carrotwood)

6. Liquidambar styraciflua (American Sweet Gum)

7. Schinus terebinthefolius (Brazilian Pepper)

8. A tree that the City Arborist determines is infested with Tuliptree scale (Toumeyella liriodendri)

9. A City Tree that causes the private property owner to lose their fire insurance. 173
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2 Problem Trees exclude City parkway trees on the Street Designation Tree List of City Council Policy G-6 unless they are Special Trees.

F. “Reforestation” when initiated by the City is defined as the concept of systematically replacing Problem or Standard Trees which are creating hardscape and/or view problems and cannot be properly trimmed, pruned or modified to alleviate the problem(s) they create; or those which have reached their full life and are declining in health; or are simply the wrong species of trees for the planted location. When initiated by a homeowners’ association or property owner, reforestation is otherwise defined as an appeal. “Special City Tree” is defined as a Landmark, Dedicated, or Neighborhood tree, that has historical significance, and/or contributes to, and gives character to, a location or to an entire neighborhood. A Landmark, Dedicated, and Neighborhood tree are identified by species in Exhibit A and shall hereinafter be collectively referred to as Special Trees. Trees within these three (3) categories shall be identified, mapped, recorded and administered by staff for the Commission. When staff propose modifications, the Commission shall review the Special Tree list and forward recommendations for additions or deletions to the City Council for approval.

1. Landmark Trees are identified as those individual Special Trees that possess historical significance by virtue of their size, age, location, or species.

2. Dedicated Trees are Special Trees donated in the memory of specific individuals or organizations. Updates will be made annually to the City tree inventory system that corresponds to the amended B-17 Policy: Parks, Facilities, and Recreation Program Donations. Exhibit A of this Policy will be updated annually to reflect updates.

3. Neighborhood Trees are Special Trees that by their unusual size, number, species, or location lend a special character to a residential, commercial, or business area.

G. “Standard City Tree” is defined as a tree that is located on City real property (parkways, parks, other City -owned property) and not designated as a Special or Problem Tree.

II. BASIS TO REMOVE A CITY TREE

A. Dead, diseased or dying trees. The tree is dead, diseased or dying as those terms are defined above or is subject to imminent tree failure.

B. Impact on Infrastructure. The tree is impacting infrastructure based on the criteria set forth below.

C. Beautification or Capital Improvement Projects . Standard, Special, and/or Problem Trees may be considered for removal in conjunction with a City Council -approved beautification project or capital improvement project.

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3 D. Development Projects. Approval of an encroachment or demolition permit that requests removal of a tree in conjunction with a commercial, residential or other development project.

E. Departmental Determination. The City Manager, upon the advice of the Municipal Operations Director, City Attorney, or Traffic Engineer, shall have the authority to remove individual Problem or Standard Trees to resolve claims or safety issues.

Notwithstanding the foregoing, excessive leaves, fruit, flowers, petals, bees, birds, and other animals, or insects shall not constitute a finding for removal of a tree covered by this policy.

III. PROCESS FOR REQUESTS FOR REMOVAL OF A CITY TREE

The Municipal Operations Department, homeowners’ association or private property owner may request removal of a City Tree. A homeowners ’ association or private property owner may initiate the process for removal by submitting an application to the City Clerk, utilizing the City Tree Removal form available on the Municipal Operations Department website:
https://www.newportbeachca.gov/government/departments/municipal-operations and paying the applicable fee as set by resolution of the City Council.

A. Tree Removal Reports. After receiving the application, the City Arborist shall prepare the following reports and analysis for the removal of a Standard, Special or Problem Tree:

1. Tree Inspection Report that explains why tree removal is necessary, which may include, but is not limited to: structural defects of the tree, parts of the tree most likely to fail, targets where imminent personal injury or property damage may result from tree failure. For Special Trees, a Tree Removal Review will also be prepared.

2. A mitigation analysis to determine whether mitigation measures may be implemented to maintain the tree provided the costs are reasonable.

3. Performance of a Level 2: A Basic Tree Risk Assessment (“Level 2 Risk Assessment”) for requests to remove based on a hazard, the Level 2 Risk Assessment should identify structural defects of the tree, parts of the tree most likely to fail, targets where imminent personal injury or property damage may result with tree failure, and determine whether mitigation measures will eliminate the hazard.

4. For Landmark Tree(s), a Tree Risk Assessment that includes a Level 3 Testing:

Advanced Techniques shall be prepared to confirm the presence of any potential risks. Where Tree Risk Assessment and Level 3 Testing: Advanced Techniques are required, the full costs of such testing and associated report will be the sole 175
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4 responsibility of the applicant , whether that be the City, a homeowners’ association or property owner.

B. Standard City Trees.

1. Upon completion of the above reports for a Standard Tree, the City Arborist shall make a recommendation to the Landscape Manager, or his/her designee as to whether findings for removal set forth in Section IV (Findings Required for Removal of a City Tree) can be made . If the Manager approves removal of the tree, the City shall provide notice in accordance with Section VII (Notifications) prior to removal of the tree.

2. If the Manager determines the application does not meet the findings set forth in Section IV (Findings Required for Removal of a City Tree ), the application is denied and the applicant may appeal to the Commission in accordance with Section VI (Reforestation/Appeals).

C. Special City Trees

1. The homeowners’ association or private property owner shall provide the Homeowners Association Board approval or Petition, respectively, as provided in Section VI(A) (Appeal of Standard or Problem Trees or Requests for Removal of Special Trees).

Upon receipt of the board approval or requisite signatures and completion of the above required Tree Removal Reports, except in the case of an emergency, the City Arborist shall publish notice of the hearing in accordance with Section VII (Notifications) and agendize the Special Tree removal request for a hearing before the Commission to determine whether findings can be made for removal of the tree. The reports shall also be provided to the Councilperson of the district in which the Special Tree is located. In the case of a dead tree or in an emergency, once a recommendation to remove a Special Tree is made by the City Arborist to the Landscape Manager , or designee, and the Manager agrees with the recommendation, the City may immediately remove the tree.

2. After holding the hearing and considering all evidence, the Commission shall approve or deny the application for removal. The Commission shall be the final decision-making authority.

D. Problem Trees

1. Upon completion of the above reports for a Problem Tree, the City Arborist shall make a recommendation to the Landscape Manager, or his/her designee as to whether findings for removal set forth in Section IV (Findings Required for Removal of a City Tree) can be made. If the Manager approves removal of the tree, the City shall provide notice in accordance with Section VI I (Notifications) prior to removal of the tree.

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5 2. If the Manager determines the application does not meet the findings set forth in Section IV (Findings Required for Removal of a City Tree ), the application is denied and the applicant may appeal to the Commission in accordance with Section VI (Reforestation/Appeals).

IV. FINDINGS REQUIRED FOR REMOVAL OF A CITY TREE
City Trees may be removed in each of the following circumstances if the tree removal request will not adversely impact the overall inventory, diversity and age of the City's Urban Forest.

Notwithstanding the foregoing, excessive leaves, fruit, flowers, petals, bees, birds, and other animals, or insects shall not constitute a finding for removal of a tree covered by this policy.

City Trees may be removed if a t least one of the following findings are made based on the Tree Removal Reports:

A. Hazardous (Standard, Special and Problem Trees) – As to Standard, Special, and/or Problem Trees, the City Arborist has determined that the tree is dead, diseased, dying, or hazardous as those terms are defined above.

B. Impact On Infrastructure (Standard, Special and Problem Trees) – The Standard, Problem or Special Tree has a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, street or sidewalk drainage, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from City tree roots and causes significant public or private property damage (greater than $ 1,000.00) may be sufficient criterion for tree removal.

C. Problem Trees that are not designated as Special Trees may be removed if any of the following findings are made:

1. The tree creates, in the opinion of the City Arborist, a view impediment that cannot be resolved by normal nor alternative tree trimming procedures;

2. The tree ha s a repeated history of significant documented private property damage (greater than $1,000) due to Tuliptree scale ( Toumeyella liriodendri ) infestation; or

3. Maintaining the City Tree jeopardizes the property owner ’s homeowner’s insurance.

D. Beautification or Capital Improvement Projects (Standard, Special and Problem Trees) – Removal of the tree is required in conjunction with a City Council -approved beautification project or capital improvement project.

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6 E. Development Projects Requiring an Encroachment and/or Demolition Permit (Standard and Problem Trees) – The project plans including construction plans demonstrate that the City tree must be removed in conjunction with the project.

F. Departmental Determination – The City Manager, upon the advice of the Municipal Operations Director, City Attorney, or the Traffic Engineer, finds that removal of an individual Problem or Standard Trees is necessary to resolve claims or safety issues.

V. STANDARD CONDITIONS AND OTHER RELATED REQUIREMENTS

In the event of tree removal, the following serve as standard conditions for replacement.

A. The City will replace all trees removed in accordance with Council Policy G-6. If 36- inch boxed trees are not available or if funding or space constraints prevent planting of a 36-inch boxed tree, then the largest tree available for the space available will be planted. The full costs of removal and replacement of all City Trees will be the sole responsibility of the City, unless it is a Reforestation set forth in Section VI, or Problem Trees related to views and/or that jeopardizes a property owner’s homeowners’ insurance, or an applicant voluntarily pays for a new tree . Additionally, if an applicant desires to upgrade to a box size larger than a 36 -inch box as a replacement (if available), then he/she will be responsible for the difference in price.

B. Special Trees will be replaced one -for-one with the same species or the closest equivalent whenever practical. An alternate species may be recommended by Staff if the same species is unavailable and will be subject to approval by the Commission detailing the necessity of removal and any specific previous treatment of the tree.

Private Property Development Projects. All encroachment permits (permits for private property development which are proposed to install improvements in the City right of way) or demolition permits that involve the removal or replacement of City tree(s) must be specifically noticed by the proper ty owner to City staff prior to the building and/or demolition process. The proposed construction plans must indicate preservation of existing City trees wherever possible (except trees that are dead, dying, or in an advanced state of decline).

C. If the Standard or Problem Tree removal is approved in conjunction with a private development project, the property owner shall pay for all related tree removal and one-for-one replacement costs and meet all provisions of City Council Policies L-2 and L-6 and City Municipal Code Sections 13.08 and 13.09, or any successor policies or sections.

D. Other Requirements for Problem Trees.

1. No more than fifty (50) Problem Trees may be removed per year by staff under the above criteria without special approval of the Commission. If there are no removal criteria other than it being a Problem Tree species, then no more than one of three 178
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7 problem parkway trees in a continuous row may be removed in a one-year period unless part of a reforestation is approved by the Commission.

2. The City Arborist shall report the removal of Problem Trees under the above criteria monthly to the Commission.

3. The cost to remove and replace Problem Trees will be the sole responsibility of the City based on funding, availability, and growth space, except for removals related to views and/or that jeopardizes a property owner’s homeowners insurance.

E. Additional Considerations to Retain or Remove a Special Tree. During normal sidewalk, curb, and street repair activity requiring root pruning , sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of a Special City Tree's roots are to be pruned, one side should be pruned at minimum two (2) years in advance of the other side depending upon the species and other related factors. If root pruning methods are not practical and/or critical to the health of the tree, then alternate or special hardscape improvements should be considered by the City to retain the tree providing that these measures are practical, costs are reasonable, and that they comply with Americans with Disabilities Act standards. All proposed root pruning or other tree treatment shall be evaluated and approved by the City Arborist.

Additionally, if steps taken for Special City Trees under the provision above are proven to be impractical, the Special City Tree removal request shall go through Reforestation.

VI. REFORESTATION/APPEALS
An appeal otherwise known as an application for Re forestation may be initiated by a Department, homeowners’ association or a private property owner. In the case of a homeowners’ association or private property owner, the appeal shall be initiated by submitting an application to the City Clerk, utilizing the City Tree Removal form available on the Municipal Operations Department website:
https://www.newportbeachca.gov/government/departments/municipal-operations and paying any applicable fee as set by resolution of the City Council.

A. Appeals of Standard and Problem Trees or Requests for Removal of Special Trees by Homeowners’ Associations and Private Property Owners.

Private property owners and/or homeowners ’ associations shall meet the following signature requirements with the application.

1. Petitions. Private property owners who apply for removal of a Special Tree or appeal the Manager’s determination for the removal of a Standard or Problem Tree must submit a petition signed by a minimum of 60% of City of Newport Beach property owners within a radius of 500 feet from the location of the proposed tree removal to a maximum of 100 properties/parcels. The 60% threshold is based on the number of properties, not the number of property 179
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8 owners. The petition content must be approved and dated by City staff prior to distribution by the applicant. The staff-approved petition must be distributed by the applicant to all private property owners within the 500-foot radius. Signatures by non-property owners shall be invalid and only one signature per property shall be counted towards the 60% threshold. All petition signatures shall be verified by City staff for property owner status of the person or persons signing the petition.

Petitions that are submitted more than ninety (90) days past the date stamped by staff before distribution shall be invalid and the request shall not be forwarded to the Commission for consideration. The Landscape Manager may extend this timeframe at his or her discretion; or

2. Homeowner Association Boards . Private property owners who are mandatory members of a homeowners’ association where a City Tree is located must submit applications for removal of a Special Tree or appeal the Manager’s determination for the removal of a Standard or Problem Tree through their association. The request shall include a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the homeowners’ association have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. The homeowners’ association is responsible for notification of the outcome of the Board’s vote to all association members, pursuant to their established procedure.

B. The requestor agrees, in writing, to pay 100% of the costs of the removal and replacement of the public tree(s) in advance of any removal activity. The actual removal and replacement work will be performed by a City contractor coordinated by the Municipal Operations Department. The total costs for removal and replacement work shall include only the contractor's costs and be paid in advance of any removal actions.

C. Once petitions or Board of Directors approval is/are submitted to the City, a hearing of the Commission will be scheduled. Notice of the hearing shall be published in accordance with the California Government Code Section 54950 et seq. and Section VII(B) (Public Hearing Notification Requirements).

D. The Municipal Operations Director, or a designee, shall prepare a full staff report for a regularly scheduled Commission meeting of all trees recommended for removal.

E. In addition to the findings set forth in Section IV (Findings Required for Removal of a City Tree ), the Commission may consider any and all relevant circumstances , including but not limited to the following:

1. Health or overall condition of the tree(s);

2. Degree of verifiable public or private property damage from the tree(s);

3. Degree of verifiable view impairment from the tree(s);

4. Whether the tree species is a Problem City Tree (See Definitions); 180
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9 5. The level of community support and/or opposition;

6. The value of the existing tree(s) versus the value of the replacement tree(s);

7. Whether the tree species is inappropriate for the location or does not conform to the current treescape; and/or
F. Efforts made to ensure adequate notification . The decision of the Commission shall be final and not appealable and/or subject to call for review.

G. Reforestation Work Upon Commission Approval.

If the Commission approves the reforestation request, the following criteria apply to the completion of the reforestation work.

1. Prior to removal of the tree, the notification requirements set forth in Section VII(A) (Tree Removal Notification Requirements) shall be met.

2. There shall be a minimum of a one-for-one replacement of all trees. Replacement trees must comply with City Council Policy G -6 unless the Commission approves a different tree designation and shall be a minimum size of 36 -inch boxed trees and species, unless the space will not accommodate a 36-inch boxed tree or a tree cannot be planted due to planting restrictions contained in City Council Policy G -6. Per the Landscape Manager’s discretion, a larger sized box tree may be planted if it is replacing a tree of significant size or value in the City’s inventory and ample planting space is available. If there is no room for the replacement tree(s) at a specific site as designated by City Council Policy G -6, then the replacement tree(s) shall be planted in a public area in the same neighborhood at the option of the requestor.

The requestor shall be responsible for watering and fertilizing the replacement trees to ensure their proper growth and development as outlined in City Council Policy G -6. Section 13.09.030 of the Municipal Code also requires property owners to water and fertilize parkway trees adjacent to their property.

VII. NOTIFICATIONS

A. Tree Removal Notification Requirements

1. Emergency – Dead t rees and trees considered so hazardous as to necessitate an emergency removal shall be exempt from this provision. In the case of emergency removals, the Landscape Manager or the City Arborist shall have the authority to direct the removal of a hazardous tree.

2. Non-Emergency – For non-emergencies, the City shall post a Standard or Problem Tree that is not a hazard with an 8” x 5” placard at least seven (7) calendar days prior to the scheduled removal trees. The placard shall also note a Staff contact number and a date on which it was posted.
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10 Staff shall also provide advance written notification, as applicable, to the adjacent property owner, the legally established homeowners ’ association, and the Councilperson of the district where the removal is proposed , of the intent to remove a Standard Tree.

Any appeal regarding a tree removal decision must be received by the Municipal Operations Director no later than seven (7) calendar days following the date of posting or notice of intent. The Director will delay tree removals until the appeal period has expired or until the Commission has acted upon an appeal.

B. Public Hearing Notification Requirements

1. Prior to PB&R Commission hearing on a tree removal request, the City shall post the Standard Tree or Problem Tree proposed for removal with an 8” x 5” placard at least fourteen (14) calendar days prior to the scheduled hearing. An 8” x 5” placard will be posted on a Special Tree considered for removal at least thirty (30) days before the hearing. The placard will include the following information: the date of its posting, the date, time and location of the hearing , and a City contact number. The placard will include the date it was posted, the date, time and location of the hearing and a City contact number.

2. For requests from a homeowner’s association: City staff shall notify private property owners within a 500-foot radius of the tree requested for reforestation via postcard at least fourteen (14) calendar days and thirty (30) calendar days for Special Trees prior to the Commission hearing. The postcard will include the date, time and location of the hearing and a City contact number.

[Attachment – Exhibit A Special City Trees]

History

Action Policy # Date Enacted
Adopted I-9 05-09-1966
Reaffirmed I-9 08-30-1966
Amended I-9 08-14-1967
Reaffirmed I-9 11-12-1968
Reaffirmed I-9 03-09-1970
Reaffirmed I-9 02-14-1972
Amended I-9 11-09-1976
Amended I-9 11-12-1985
Amended I-9 11-28-1988
Amended I-9 03-14-1994 (changed to G-1)
Amended G-1 04-11-1994
Amended G-1 02-26-1996
Amended G-1 07-14-1997
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G-1
11 Amended (Administratively) G-1 11-24-1997
Amended G-1 08-10-1998
Amended G-1 01-25-1999
Amended G-1 02-22-2000
Amended G-1 04-23-2002
Amended G-1 04-27-2004
Amended G-1 10-11-2011
Amended G-1 09-08-2015
Amended G-1 08-08-2017
Amended G-1 02-09-2021
Amended
Amended
Amended
G-1
G-1
G-1
05-09-2023
12-09-2025
02-24-2026

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G-1
12 EXHIBIT A

SPECIAL CITY TREES

TYPE LOCATION SPECIES #

LANDMARK Balboa Boulevard Median Araucaria heterophylla 1 Bob Henry Park Ficus rubiginosa 1
Castaways Park Phoenix canariensis 1
Lido Hotel Site Ficus microcarpa 'Nitida' 2
Dover Drive east of Irvine Avenue Erythrina caffra 1
Dover Drive at Westcliff Liquidambar styraciflua 3
John Wayne Park Erythrina caffra 1
Lido Isle Medians Pinus pinea 4
Main Street Ficus microcarpa 'Nitida’ 1
Marine Avenue (Balboa Island) Eucalyptus (Various Species) 47 Ocean Blvd. (Corona del Mar) Phoenix canariensis 5
Wedge Area Myoporum laetum 2
West Jetty View Park (near Historical Marker) Phoenix canariensis 2 Westcliff & Dover (Groves) Bike Trail Eucalyptus globulus 23

DEDICATED Bayside Park (Newport-Irvine Rotary Club) Pyrus calleryana TREES Bayview Park (Gene Atherton)
Bayview Park (Thomas Edward Mansfield &
Owen Thomas Vatter)
Cinnamomum camphora
Cassia leptophylla

Begonia Park (Dr. Leo V. Turgeon) Bauhinia blakeana
Begonia Park (Cheryl Bailey Ringwald) Prunus cerasifera Bob Henry Park (Bob Henry) Ficus rubiginosa
Bonita Canyon Sports Park (Elaine Linhoff) Melaleuca linarifolia Bonita Canyon Sports Park (Fern Pirkle) Melaleuca linarifolia Buffalo Hills Park
(Bahia Community Earth Day Celebration)
Erythrina caffra
Buffalo Hills Park
(North Beach Sunrise Rotary Club)
Stenocarpus sinutaus
Castaways Park (Kevin Murphy) Pinus torreyana
Castaways Park (Mary Louise Romine) Pinus torreyana
Castaways Park (Joe Clarkson) Platanus racemosa
Castaways Park (Michael F. Gustin)
Castaways Park (Robert W. Hanley)
Platanus racemosa
Populus Fremontii

Castaways Park (Arthur Grant Kidmann Jr.) Platanus racemosa Castaways Park (Grover Stephens, Ph.D.) Platanus racemosa Castaways Park (John D. Woodruff) Platanus racemosa
Castaways Park (Nancy Bergeson) Quercus agrifolia
Castaways Park (Logan David Burley) Quercus agrifolia
Castaways Park (Sawyer Dean Burley) Quercus agrifolia
Castaways Park (Sawyer Dean Burley)
Castaways Park (Gregory Caurteau)
Quercus agrifolia
Quercus kelloggii

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G-1
13 Castaways Park (Bob & Susan Caustin) Quercus agrifolia Castaways Park (Joe Clarkson) Quercus agrifolia
Castaways Park (Yen Chu Kuo) Quercus agrifolia
Castaways Park (Ryan Lemmon) Quercus agrifolia
Castaways Park (Virginia Najera) Quercus agrifolia
Castaways Park (Eva Victoria Najera) Quercus agrifolia
Castaways Park (David Rapp)
Castaways Park (Sheldon Powell Riley)
Quercus agrifolia
Populus Fremontii

Castaways Park (Nancy & Jack Skinner) Quercus agrifolia Castaways Park (Staycee Stone) Quercus agrifolia
Castaways Park (Jason Stradman) Quercus agrifolia
Castaways Park (Robert T. Talbot) Quercus agrifolia
Castaways Park (Jan Vandersloot) Quercus agrifolia
Castaways Park (Jean Watt) Quercus agrifolia

Cliff Dr. Park (Susan Benz) Bauhinia blakeana
Cliff Dr. Park (Francis P. Hemenway) Cassia leptophylla Cliff Dr. Park (Gary Lovell) Quercus agrifolia
Cliff Dr. Park (Dr. Vandersloot)
Coastal Peak Park (Jared Romine)
Quercus agrifolia
Quercus agrifolia

Eastbluff Park (Lucy Huntsman) Hymenosporum flavum
Eastbluff Park (Billy Covert) Ficus macrophylla
Galaxy View Park (Trey Hunter) Cupaniopsis anacardiodes Galaxy View Park (Dylan Ayres) Metrosideros excelsa
Galaxy View Park (Virginia Roberts) Cassia leptophylla
Grant Howald Park (Jean & Coalson Morris) Cassia leptophylla Grant Howald Park (Skipper Mark Howes) Hymenosporum flavum Grant Howald Park (Mark Munro) Metrosideros excelsa
Grant Howald Park (Pete Munro) Metrosideros excelsa
Grant Howald Park (Cara Lee) Spathodea campanulata
Irvine Terrace Park (Beckett Glyer) Platanus racemosa
Irvine Terrace Park
(U.S. Bicentennial Freedom Tree)
Platanus racemosa
Irvine Terrace Park (California Bicentennial) Pinus Pinia Irvine Terrace Park (Dana Harmon) Liquidambar styraciflua Irvine Terrace Park (Sister City of Okazaki) Pinus nigra L Street Park (Tim Van Ostenbridge) Cassia leptophylla
Las Arenas Park (Ed Healy) Melaleuca linarifolia
M Street (median) (Walter Knott) Pinus pinea
Mariners Park (Sierra Beth) Bauhinia variegata
Mariners Park
(Dr. Anthony & Madeline DeCarbo)
Cedrus deodara
Mariners Park (Isy Pease) Pinus halepensis
Mariners Park
(Christopher & Marisha Thompson)
Pinus eldarica
Mariners Park (Meghan & Camielle Thompson) Pinus eldarica Mariners Park (Frank Tallman) Pinus radiata
185
G-1
14 Mariners Park
(North Beach Sunrise Rotary Club)
Senocarpus sinuatus
Mariners Park (Graci Lee Henry) Magnolia ‘Little Gem’
Mariners Park (Susana Lee Niederhaus) Bauhinia variegata North Mariners Park (Marcie Schrauder) Pinus radiata
Newport Pier / 24th Street Bike Path
(Marie “Maxine” Louchis)
Chamaerops humilis
Old School Park (Mary Jo Tyler) Bauhinia variegata
Old School Park (Jean & Coalson Morris) Cassia leptophylla Peninsula Park (Gray Lunde Tree) Chamaerops humilis
Peninsula Park (Don Perdue) Ravenea rivularis
San Miguel Park (Jon Walters) Schinus molle
Spyglass Hill Park (Dennis George Brice) Acacia baileyana Spyglass Hill Park (Edith Mary Brice) Acacia baileyana
Veterans Park (Rosemary Rae Hill Hansen) Lagenstoemia indica fauriei WCH & Superior Ave City Parking Lot
(Louise Greeley)
Cassia leptophylla
West Newport Park (Russell Marc Beaumont) Erythrina caffra West Newport Park (Jeff Steven Reinker) Erythrina caffra West Newport Park
(Brownie Girl Scout Troop 2072)
Spathodea campanulata
Various locations:

Castaways Park and Cliff Drive Slopes
(Dr. Jan David Vandersloot & Family)
Qurcus agrifolia

NEIGHBORHOOD
TREES Along Avon Ave Eucalyptus globulus 8
Buena Vista and Lindo Ave Erythrina caffra 1
Candlestick Lane (Baycrest) Eucalyptus citriodora 10
Clay St. (Irvine Ave to St. Andrews Rd.) Ficus microcarpa ‘Nitida’ 21 Cliff Drive (north side, west of Dover Dr.) Agathus robusta 4 Cliff Drive Park (Scout House) Ficus benjamina 1
Commodore Rd. Eucalyptus citriodora 2
Corona del Mar State Beach Washingtonia robusta 74
601 Dover Drive Eucalyptus ficifolia 1
Dover Drive (Mariners Drive to Irvine Ave) Eucalyptus globulus 6 Eastbluff Park Ficus macrophylla 6
Glenwood Lane Eucalytpus citriodora 2
Goldenrod Ave (Ocean Blvd. to Fifth Ave.) Washingtonia robusta 144 Heliotrope Ave (Corona del Mar) Pinus radiata 2
Irvine Ave (17th St. to Dover Dr.) Phoenix dactylifera 30 Irvine Ave (17th St. to Dover Dr.) Spathodea campanulata 39 128 Kings Place Roystonea regia 1
L Street Park Quercus suber 36
Leeward Lane Fraxinus uhdea ‘Tomlinson’ 38
M Street Park Pinus pinea 1
Margaret Drive (median) Erythrina caffra 1
186
G-1
15 Marguerite Ave. (Ocean Blvd. to Fifth Ave.) Phoenix canariensis 64 Mariners Drive Jacaranda mimosifolia 44
Newport Center Drive Washingtonia robusta 363
Poppy Ave (Corona del Mar) Eucalyptus rudis 24
Rhine Wharf Park Archontophoenix
cunninghamiana
12 Along Riverside Ave (adjacent to Cliff Dr Park) Schinus terebinthefolius 10 725 St. James Rd. Eucalyptus ficifolia 1
Sandalwood Lane Eucalyptus citriodora 2
Santa Ana Ave. Eucalpytus robusta 39
Seaview Ave (Corona del Mar) Pinus radiata 1
Shorecliffs Entrance Erythrina caffra 46
Starlight Circle Eucalyptus citriodora 5
Via Lido Bridge Eucalyptus globulus 16
Waterfront Drive (Avocado Ave to Acacia Ave) Schinus molle 16 West Newport Park Metrosideros excelsus 55

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1 G-6

MAINTENANCE AND PLANTING OF CITYTREES

The City Council is vitally interested in beautification of City parkways. The City will endeavor to fund the care of the Urban Forest to the highest level possible through the efficient use of regular tree trimming, root pruning, root barrier and pesticide programs. Public cooperation in helping to develop and maintain healthy and attractive parkway trees is encouraged. Section 13.08.040 of the Municipal Code prohibits any person from tampering with City trees.

I. MAINTENANCE OF CI T Y TREES

The Municipal Operations Department will maintain City trees on a rotation schedule , including but not limited to trimming, staking, root pruning, nutrition, and pest control . An effort will be made to trim the parkway trees on less than a three -year cycle. More frequent trimming may be performed on approved trees and in approved view areas. Public safety issues such as low branches and heavy foliage will be given priority . An effort will be made to trim parkway trees located in heavy summer traffic areas during the fall and winter months. Annual trimming of certain species of trees prone to wind damage will be done prior to the winter season.

II. TREE TRIMMING STANDARDS

Tree trimming cycles and trimming standards shall represent the maximum feasible frequency given current fiscal conditions. Except as provided in the Supplemental Trimming Section below, trimming shall be in accordance with the standards of the Internation al Society of Arboriculture (ISA). In those communities with a homeowner ’s association, periodic tree trimming with an emphasis on crown reduction or vista trimming will be considered by the City Arborist upon written request by the association.

III. SUPPLEMENTAL TREE TRIMMING

The City will consider requests to trim certain trees more frequently or to trim trees consistent with practices applied prior to the adoption of ISA standards (to enhance public and private views, preserve required sight/distance standards, or other publi c purposes) which are submitted by affected private property owners or the board of a homeowners association and the request is accompanied by a completed "Supplemental Tree Trimming Form" and full payment for the requested tree trimming. However, since th ese practices often require 'topping' or possible disfiguring of a tree(s) and are often aesthetically displeasing and injurious to a tree, reforestation shall be considered when supplemental tree trimming is impractical or infeasible as determined by the City Arborist.

The Landscape Manager shall establish procedures to implement the supplemental trimming provisions of this Policy. In areas with an active homeowner’s association, approval must be obtained from a legally established association by the requestor of supplemental tree trimming if the requested trimming is to be undertaken within the association boundaries. 188
2 G-6

IV. TREE DESIGNATION LISTS

The City Council has adopted an official street tree list, the Street Tree Designation List (Exhibit A), which will be used by the Municipal Operations Department, to determine species for replacement of trees removed from established parkways and for planning purposes in all new subdivisions and commercial developments. A second list, the Parkway Tree Designation List (Exhibit B), has been added as a species palette for residents to choose approved, new and replacement, trees based on the size of parkway available for planting. The Eastbluff Community Association has its own City approved street tree list (Exhibit C).

The Municipal Operations Director, or designee, will have the authority to add species to the Street and Parkway Tree Designation Lists, which will be updated on an as -needed basis by the Municipal Operations Department staff and reviewed by the Parks, Beaches and Recreation Commission ("Commission") for approval before adoption by the City Council.

V. STANDARDS AND SPECIFICATIONS FOR PLANTING CITY TREES

This Section is intended for planting parkway trees related to new construction, in accordance with City Code 13.09.010.

General Requirements

1. 72-hour notification shall be given to the Municipal Operations Department staff by permittees prior to the initial installation of parkway trees for approval of species, material quality, and planting supervision. Inspection requests by permittees shall be scheduled 24-hours in advance using the Public Works inspection request line or via the City website as required.

2. Position of parkway trees is subject to approval by the Municipal Operations Department, and any tree not properly placed will be relocated by permittees at no cost to the City. In the interest of public safety, unless an exception is granted by the City Arborist, trees shall be planted not less than :

• 15 feet back of beginning of curb returns at intersections. • 10 feet from lamp standards.
• 10 feet from fire hydrants.
• 5 feet from service walks or driveways.
• 10 feet from meters and sewers.
• 25 feet from stop signs.

3. Trees shall be a minimum container size of 36" size box, if growth space allows.

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3 G-6

• Condition: Plants shall be symmetrical, typical for variety and species, healthy, vigorous, free from plant disease, insect pests and shall have healthy, normal root system free from being root bound. Trees shall not be pruned nor topped prior to delivery.
• Inspection: All plant material shall be subject to inspection and approval by the Municipal Operations Department, Municipal Operations Department staff prior to planting. The City has the right to reject any item offered in its sole and absolute discretion.
• Parkway Tree Planting: Per City Standards as found in the Tree Planting Detail available on the City's website.

4. Newly planted trees shall be irrigated with an automated system tied to the property under construction.

5. GUARANTEES

• 36" boxed trees shall be guaranteed as to growth and health for a period of one year after final acceptance by the Municipal Operations Department staff.
• Trees that fail to grow or are injured or damaged during planting operations shall be replaced within 15 days after notification.

Replacement material shall be guaranteed to be specified as original guaranteed material.

VI. ESTABLISHED PARKWAYS

1. For all City tree planting in established parkways (not permit related), adjacent property owners and/or applicants must:

• Choose from the species listed on the Street Tree Designation List where it applies, or from the Parkway Tree Designation List for all other areas for planting new and replacement trees.
• Accept responsibility for watering and fertilizing new trees. • Contact the City Arborist by sending a written request for one or more parkway trees or questions regarding this Policy to: Attn: City Arborist, P. 0. Box 1768, Newport Beach, California 92659 -1768. Email is also available at [email protected]

2. The City will:

• Approve species, location, and spacing of tree planting. • Furnish, install, stake, and initially fertilize new trees (exception would be trees planted in accordance with City Code 13 .09.010). 190
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• Prune and spray tree as required.
• Approve type of root barriers for installation.
• Assume trimming responsibilities.

VII. PARKWAYS IN ESTABLISHED RETAIL COMMERCIAL/OFFICE CENTERS

Parkway street trees that are removed because they are diseased or have damaged property may be replaced with the same species of trees (or a species other than the designated street tree) provided (a) the parkway street tree is located adjacent to or within an established retail commercial/office development; (b) replacement with the same species will maintain the appearance of the streetscape and/or ensure consistency with an established landscape master plan adopted by the adjoining landowner; (c) the parkway street trees have a history of little or no hardscape damage nor injury claims related to hardscape damage caused by the tree; and (d) the property owner has agreed in writing to repair or pay the cost of repair/and or replacement of hardscape or underground utilities damaged by the new trees.

[Attachment - Exhibit A]
[Attachment - Exhibit B]
[Attachment - Exhibit C]

History
Adopted I-19 - 11-22-1982
Amended I-19- 11-14-1983
Amended I-19- 10-22-1990
Amended I-19- 10-22-1992
Amended I-19 - 1-24-1994 (changed to G-6)
Amended G-6- 7-23-2002
Amended G-6 - 4-13-2004
Amended G-6 - 8-24- 2004
Amended G-6 - 9-8-2015
Amended G-6 - 8-8-2017
Amended G-6 - 2-9-2021
Amended G-6 - 11-14-2023
Amended G-6 - 11-14-2023
Amended G-6
Amended G-6
12-9-2025
2-24-2026
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5 G-6

Exhibit A
Street Tree Designation List

STREET TREE DESIGNATION LIST

ID HOA FROM TO BOTANICAL NAME COMMON NAME
ANACAPA DR Fashion Island 1300 1300 Ficus rubiginosa 1. Rusty Leaf Fig BALBOA BLVD E 600 2100 Syagrus romanzoffiana 1. Queen Palm

BALBOA BLVD W

1000

1500
Arbutus unedo
Cassia leptophylla
Washingtonia robusta

1. Strawberry Tree

2. Gold Medallion
Tree

3. Mexican Fan Palm
BALBOA BLVD W Median 1000 3200 Washingtonia robusta 1. Mexican Fan Palm BLUE KEY Harbor View
Hills South 3600 3734 Magnolia grandiflora 'Little
Gem'
l. Magnolia, Little
Gem
BLUE WATER DR Broadmoor 2501 2825 Magnolia grandiflora 'St Mary'

1. Magnolia, St.

Marv's
BOMBERO ST Fashion Island 800 800 Ficus rubiginosa 1. Rusty Leaf Fig BRIGHTON RD Cameo Shores 4501 4651 Bauhinia variegata 1. Purple Orchid BUCK GULLY DR Harbor View
Hills South 4000 4001 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
CAMDEN DR Parkway Cameo Shores 4501 4699 Bauhinia variegata 1. Purple Orchid CAMDEN DR Slope Cameo Shores 4500 4599 Bauhinia variegata 1. Purple Orchid CAMEO HIGHLANDS DR Cameo
Highlands 500 735 Bauhinia variegata 1. Purple Orchid
CAMEO SHORES RD Parkway Cameo Shores 101 346 Bauhinia variegata 1. Purple Orchid CAMEO SHORES RD Slope Cameo Shores 100 350 Bauhinia variegata 1. Purple Orchid 192
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Exhibit A
Street Tree Designation List

CATAMARAN DR Harbor View
Hills South 3400 3630 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem

COAST HWY E

1600

1600

1. Bauhinia blakeana

2. Archontophoenix
cunninghamiana

1. Hong
Kong
Orchid

2. King Palm

COAST HWY E

2200

3934

1. Bauhinia blakeana

2. Arclwntophoenix
cunninghamirma

1. Hong
Kong
Orchid

2. King Palm

COAST HWY E

4001

4401

1. Bnuhinia blakeana

2. Archontophoenix
cunninghamirma

1. Hong
Kong
Orchid

2. King Palm

COAST HWY E

4104

4400

1. Bauhinia blakeana

2. Archontophoenix
cunninglumiiana
l. Hong Kong
Orchid

2. King Palm

COAST HWY E Median

300

2100

1. Spathodea campanulata

2. Archontophoenix
cunninghamiana

1. African Tulip
Tree

2. King Palm
CORTLAND DR Cameo
Highlands 4500 4839 Bauhinia variegata 1. Purple Orchid CROWN DR Even Harbor View
Hills 2720 2740 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
CROWN DR Parkway Harbor View
Hills 2501 2735 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
DE ANZA DR Magnolia grandiflora
'cultivar'

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Exhibit A
Street Tree Designation List

DORCHESTER RD Cameo
Highlands 4500 4833 Bauhinia variegata 1. Purple Orchid EBBTIDE RD Even Harbor View
Hills 2700 2700 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
EBBTIDE RD Parkway Harbor View
Hills 1100 2915 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem

EVENING CANYON
RD
301 365 Erythrina caffra 1. Coral Tree
FAIRFIELD DR Parkway Cameo Shores 4501 4645 Bauhinia variegata 1. Purple Orchid FAIRFIELD DR Slope Cameo Shores 4500 4500 Bauhinia variegata 1. Purple Orchid FARALLON DR Fashion Island 1900 2101 Ficus rubiginosa 1. Rusty Leaf Fig GARRETT DR Parkway Cameo
Highlands 501 725 Bauhinia variegata 1. Purple Orchid
GARRETT DR Slope Cameo
Highlands 500 500 Bauhinia variegata 1. Purple Orchid
GOLDENROD AVE 200 721 Washingtonia robusta 1. Mexican Fan Palm GOLDENROD AVE Harbor View
Hills 900 1133 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
HAMPDEN RD Even Cameo Shores 4500 4700 Bauhinia variegata 1. Purple Orchid HAMPDEN RD Parkway Cameo Shores 4501 4717 Bauhinia variegata 1. Purple Orchid HARBOR VIEW DR Parkway Harbor View
Hills 2500 3007 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
HARBOR VIEW DR Slope Harbor View
Hills 2800 3101 Magnolia grandiflora 'Little
Gem'

1.Magnolia, Little
Gem
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Exhibit A
Street Tree Designation List

HELIOTROPE AVE
*7

200

721

1. Magnolia grandiflora
'Little Gem'

2. Howea forsteriana

1. Magnolia, Little
Gem

2. Kentia Palm
HERON WAY Harbor View
Hills South 1300 1325 Magnolia grandifl ora 'Little
Gem'

1. Magnolia, Little
Gem
INLET ISLE DR Harbor View
Hills South 3701 4012 Magnolia grandiflora
'Little Gem'

1. Magnolia, Little
Gem
IRVINE AVE Median 1. Phoenix dactylifera

2. Spathodea campanulata

1. Date palm

2. African tulip

ISLAND VIEW DR

Broadmoor

2501

2727

1. Magnolia, grand flora
'Little Gem'

2. Howea forsteriana

1. Magnolia, 'Little
Gem'

2. Kentia Palm

JAMBOREE RD

500

600

1. Tabebuia impetiginosa

2. Liquidambar styraciflua
'Rotundiloba'

1. Pink or
Lavendar
Trumpet

2. Roundleaf Sweet
Gum

JAMBOREE RD Median

800

900

1. Tabebuia impetiginosa

2. Liquidambar styraciflua
'Rotundiloba'

1. . Pink or
Lavendar
Trumpet

2. Roundleaf Sweet
Gum

JAMBOREE RD Median

1100

1500

1. Tabebuia impetiginosa

2. Liquidambar styraciflua
'Rotundiloba'

1. Pink or
Lavendar
Trumpet

2. Roundleaf Sweet
Gum
KEEL DR Harbor View
Hills South 1200 1537 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
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Exhibit A
Street Tree Designation List

KEYBAY Harbor View
Hills South 3800 3930 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
KEY VIEW Harbor View
Hills South 1436 1456 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
KEY WEST Harbor View
Hills South 1200 1224 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
LIGHTHOUSE LN Broadmoor 2500 2828 Magnolia grandiflora 'St Mary'

1. Magnolia, St.

Mary's

MACARTHUR BLVD

1. Magnolia
grandiflora 'Little
Gem'

2. Liquidambar stymcifiua
'Rotundiloba'

1. Magnolia, Little
Gem

2. Roundleaf Sweet
Gum

MARGUERITE AVE

200 721 Archontophoenix
cunninghamiana 1. King Palm

MARGUERITE AVE

1600 1740 Archontophoenix
cunninghamiana 1. King Palm
MARGUERITE AVE Even

1520 1520 Archontopoenix
cunninghnmiana 1. King Palm
MILFORD DR Cameo Shores 101 345 Bauhinia variegata 1. Purple Orchid

MORNING CANYON RD

318 342 Erythrina caffra 1. Coral Tree

NEWPORT BLVD

100

600

1. Tipuana tipu

2. Tristania laurina

3. Washingtonia robusta

1. Tipu

2. Water Gum

3. Mexican Fan Palm
196
10 G-6

Exhibit A
Street Tree Designation List

NEWPORT BLVD

2600

3300

1. Tipuana tipu

2. Tristania laurina

3. Washingtonia robusta

1. Tipu

2. Water Gum

3. Mexican Fan Palm

NEWPORT CENTER
DR
100 900 Washingtonia robusta 1. Mexican Fan Palm

NEWPORT CENTER
DR
1000 1200 Washingtonia robusta 1. Mexican Fan Palm

NEWPORT CENTER
DR Median 100 900 Washingtonia robusta 1. Mexican Fan Palm

NEWPORT CENTER
DR Median 1000 1200 Washingtonia robusta 1. Mexican Fan Palm ORRINGTON RD Parkway Cameo Shores 4500 4645 Bauhinia variegata 1. Purple Orchid ORRINGTON RD Slope Cameo Shores 4510 4510 Bauhinia variegata 1. Purple Orchid OUTRIGGER DR Harbor View
Hills South 1200 1430 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
PARK GREEN DR Harbor View
Hills South 3601 3907 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
PEARL AVE Balboa Island 100 132 Magnolia grandiflora
'Samuel Sommers'

1. Magnolia, Samuel
Sommers
PEBBLE DR Parkway Harbor View
Hills 2700 2921 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
PEBBLE DR Slope Harbor View
Hills 2800 2800 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
PERHAM RD Parkway Cameo Shores 4501 4645 Bauhinia variegata 1. Purple Orchid PERHAM RD Slope Cameo Shores 4500 4500 Bauhinia variegata l. Purple Orchid POPPY AVE 200 352 Tristania laurina 1.WaterGum
197
11 G-6

Exhibit A
Sheet Tree Designation List

Spathodea campmwlata 2.African
Tulip Tree
QUIET COVE 3400 3449 Geijera parviflora 1. Australian Willow ROCKFORD PL Cameo
Highlands 500 521 Bauhinia variegata 1. Purple Orchid
ROCKFORD RD Cameo
I-Iighlands 500 721 Bauhinia variegata 1. Purple Orchid ROXBURY RD Cameo Shores 4500 4646 Bauhinia variegata 1. Purple Orchid SALT AIR CIR Broadmoor 2501 2601 Magnolia grandiflora 'St Mary'

1. Magnolia, St.

Mary's
SALT AIR DR Odd Broadmoor 1301 1301 Magnolia grandiflora 'St Mary'

1. Magnolia, St.

Mary's
SALT AIR DR Slope Broadmoor 1300 1320 Magnolia grandiflora 'St Mary'

1. Magnolia, St.

Marv's
SAN CLEMENTE DR Fashion Island 850 901 Ficus rubiginosa 1. Rusty Leaf Fig SAN MIGUEL DR Fashion Island 300 366 Ficus rubiginosa 1. Rusty Leaf Fig SAN MIGUEL DR Fashion Island 1600 2601 Ficus rubiginosa 1. Rusty Leaf Fig SAN NICOLAS DR Fashion Island 500 567 Ficus rubiginosa 1. Rusty Leaf Fig SAND KEY Harbor View
Hills South 1200 1235 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
SANDCASTLE DR Harbor View
Hills South 850 1555 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
SANDPIPER DR Parkway Harbor View
Hills 1010 1106 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
198
12 G-6

Exhibit A
Street Tree Designation List

SANDPIPER DR Slope Harbor View
Hills 1015 1101 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
SANDUNE LN Harbor View
Hills South 3800 3930 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem

SANTA BARBARA
DR Fashion Island 870 1001 Ficus rubiginosa 1. Rusty Leaf Fig SANTA CRUZ DR Fashion Island 800 901 Ficus rubiginosa 1. Rusty Leaf Fig SANTA MARIA RD Fashion Island Ficus rubiginosa 1. Rusty Leaf Fig SANTA ROSA DR Fashion Island 1500 1501 Ficus rubiginosa 1. Rusty Leaf Fig SAUSALITO DR Harbor View
Hills South 3400 3621 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
SEA LN Harbor View
Hills 900 950 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
SEABREEZE LN Harbor View
Hills South 3400 3631 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
SEACREST DR Harbor View
Hills South 1200 1533 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
SETTING SUN DR Parkway Harbor View
Hills 2701 3007 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
SETTING SUN DR Slope Harbor View
Hills 2700 3000 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
SURFVIEW LN Harbor View
Hills South 3500 3620 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
SURREY DR Cameo
Highlands 4500 4824 Bauhinia variegata 1. Purple Orchid 199
13 G-6

Exhibit A
Street Tree Designation List

TILLER WAY Harbor View
Hills South 900 1039 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
TOPSIDE LN Harbor View
Hills South 3798 4015 Magnolia grandiflora
'Little Gem'

1. Magnolia, Little
Gem
TREMONT LN Slope Cameo Shores 4500 4600 Bauhinia variegata 1. Purple Orchid WATERFRONT DR 2200 2220 Schinus molle California Pepper WAYNE RD Cameo
Highlands 4500 4621 Bauhinia variegata 1. Purple Orchid WHITE SAILS WAY Harbor View
Hills 1000 1133 Magnolia grandiflora 'Little
Gem'

1. Magnolia, Little
Gem
200
14 G-6

Exhibit B

City of Newport Beach Parkway Tree
Designation List
Pkwy
Size
Botanical
Name
Common
Name
Height Spread Type Water
Needs

24"
Avail.
36"
Avail.

48"
Avail.

Notes
2'+ Acacia baileyana Bailey
Acacia
25 15 Evergreen L Yes No No
2'+ Archontophoenix
cunninghamiana
King Palm 40 20 Evergreen M Yes Yes Yes
2'+ Chionanthus
retusus
Chinese
Fringe
Tree
20 15 Deciduous M Yes Yes No
2'+ Heteromeles
arbutifolia
California
Holly
20 15 Evergreen L No No No Available-15 Gal
2'+ Ligustrum
lucidum
Glossy
Privet
25 15 Evergreen L Yes Yes No
2'+ Melaleuca
nesophila
Pink
Melaleuca
25 15 Evergreen L Yes No No
2'+ Photiniax fraseri Fraser
Photinia
20 10 Evergreen M Yes Yes No
2'+ Prunus
cerasifera
'Newport'
Newport
Plum
15 10 Deciduous Yes No No
2'+ Prunus
cerasifera
'Purple Pony'
Dwarf
Purple
Leafed
Plum
15 10 Deciduous Yes No No
201
15 G-6

Exhibit B

City of Newport Beach Parkway Tree
Designation List
Pkwy
Size
Botanical
Name
Common
Name
Height Spread Type Water
Needs
24"
Avail.

36"
Avail.

48"
Avail.

Notes
2'+ Rhaphiolepis x
'Montie'
Indian
Hawthorne
15 10 Evergreen M Yes Yes No
2'+ Tecoma stans Yellow Bells 20 15 Evergreen M Yes No No 2'+ Trachycarpus
fortunei
Windmill
Palm
30 10 Evergreen M Yes Yes Yes
2'+ Tristania laurina Water
Gum
20 10 Evergreen M Yes Yes No
3'+ Betula pendula European
White Birch
40 25 Deciduous H Yes Yes Yes
3'+ Brahea armata Mexican
Blue Palm
30 15 Evergreen L Yes No No
3'+ Brahea edulis Guadalupe
Palm
30 10 Evergreen L No Yes No
3'+ Cercis
canadensis
'Forest Pansy'
Forest
Pansy
Redbud
15 10 Deciduous M Yes Yes No
3'+ Cercis
occidentalis
Western
Redbud
15 10 Deciduous L Yes Yes No
3'+ Chitalpa
tashkentensis
Chitalpa 25 25 Deciduous L Yes Yes No
202
16 G-6

Exhibit B

City of Newport Beach Parkway Tree
Designation List
Pkwy
Size
Botanical
Name
Common Name Height Spread Type Water
Needs
24"
Avail.

36"
Avail.

48"
Avail.

Notes
3'+ Duranta
repens
Golden
Dewdrop
20 15 Evergreen M Yes No No
3'+ Eriobotrya
deflexa
Bronze Loquat 25 25 Evergreen M Yes Yes No
3+ Handroanthus
chrysotricha
Yellow
Trumpet Tree
25 20 Deciduous M Yes No No
3'+ Heteromeles
arbutifolia
Toyon Tree 15 10 Evergreen L No No No Available-15 Gal
3'+ Howea
forsteriana
Kentia Palm 35 20 Evergreen M Yes Yes No
3'+ Hymenesporum
flavum
Sweetsha de 40 20 Evergreen M No No No Available-15 Gal 3'+ Lagerstroemia
indica 'Indian
Tribes'
Crape Myrtle 25 20 Deciduous M Yes Yes Yes Natchez (white) Dynamite (vibrant red),
Tuscarora (pink)
Muskogee (purple)
3'+ Livistona
chinensis
Chinese
Fountain
Palm
20 10 Evergreen M Yes No No
203
17 G-6

Exhibit B

City of Newport Beach Parkway Tree
Designation List
Pkwy
Size
Botanical
Name
Common
Name
Height Spread Type Water
Needs
24"
Avail.

36"
Avail.

48"
Avail.

Notes
3'+ Livistona decora Fountain
Palm
20 10 Evergreen M Yes No No
3'+ Magnolia
grandiflora 'Little
Gem'
Little
Gem
Magnolia
20 15 Evergreen M Yes Yes Yes
3'+ Maytenus
boaria
Mayten
Tree
20 15 Evergreen M Yes Yes Yes
3'+ Rhus
integrifolia
Lemonade
Berry
10 10 Evergreen VL No No No Available-IS Gal
3'+ Syagrus
romanzoffiana
Queen
Palm
50 20 Evergreen M Yes Yes Yes
3'+ Washingtonia
robusta
Mexican Fan
Palm
90 20 Evergreen L Yes Yes No
3'+ Wodyetia
bifurcata
Foxtail
Palm
40 20 Evergreen M Yes No No
4'+ Arbutus
'Marina'
Strawberry
Tree
20 20 Evergreen L Yes Yes Yes
4'+ Brachychiton
populeneus
Bottle tree 50 40 Evergreen L Yes Yes No
4'+ Cassia leptophylla Gold
Medallion
tree
25 20 Evergreen M Yes Yes No
4'+ Geijera parvifolia Australian
Willow
40 25 Evergreen L Yes Yes Yes
204
18 G-6

Exhibit B

City of Newport Beach Parkway Tree
Designation List
Pkwy
Size
Botanical
Name
Common
Name
Height Spread Type Water
Needs
24"
Avail.

36"
Avail.

48"
Avail.

Notes
4'+ Laurus noblis Grecian Laurel 40 30 Evergreen L Yes Yes Yes 4'+ Laurus
'Saratoga'
Saratoga Laurel 40 30 Evergreen L Yes No No
4'+ Melaleuca
citrinus
Lemon
Bottlebrush
25 20 Evergreen L Yes Yes No
4'+ Melaleuca
viminalis
Weeping
Bottlebrush
25 20 Evergreen M Yes Yes No
4'+ Rhus lancea African Sumac 25 20 Evergreen L Yes No No 4'+ Spathodea
campanulata
African Tulip
Tree
30 20 Evergreen M Yes Yes No
4'+ Stenocarpus
sinuatus
Firewheel Tree 25 15 Evergreen M Yes No No
5'+ Agonis
flexuosa
Peppermint
Tree
35 35 Evergreen L Yes No Yes
5'+ Agonis
flexuosa
'Afterdark'
Afterdark
Peppermint
Willow
35 35 Evergreen L Yes No No
5'+ Albizia
julibrissin
Silk Tree 40 40 Deciduous M Yes Yes No
205
19 G-6

Exhibit B

City of Newport Beach Parkway Tree
Designation List
Pkwy
Size
Botanical
Name
Common
Name
Height Spread Type Water
Needs

24"
Avail.

36"
Avail.

48"
Avail.

Notes
5'+ Bauhinia variegata Purple
Orchid
Tree
30 20 Deciduous M Yes Yes No
5'+ Brachychiton
acerfolius
Flame
Tree
40 30 Evergreen L Yes Yes No
5'+ Calodendron
capense
Cape
Chestnut
40 40 Deciduous M Yes No No
5'+ Erythrina
americana (E.
coralloides)
Naked
Coral
Tree
30 30 Deciduous L Yes Yes No
5'+ Fraxinus
oxycarpa
'Raywood'
Raywood
Ash
35 30 Deciduous M Yes Yes Yes
5'+ Ginkgo biloba
'Fruitless'
Maidenhair
Tree
60 40 Deciduous M Yes Yes Yes
5'+ Tabebuia
heterophylla
Pink
Trumpet
Tree
30 30 Deciduous M Yes Yes Yes
5'+ Jacaranda
mimosifolia
Jacaranda 40 50 Deciduous M Yes Yes Yes
5'+ Koelreuteria
paniculata
Goldenrain
Tree
25 25 Deciduous L Yes Yes Yes
5'+ Lophostemon
confertus
Brisbane
Box
60 40 Evergreen M Yes Yes Yes
206
20 G-6

Exhibit B

City of Newport Beach Parkway Tree
Designation List
Pkwy
Size
Botanical
Name
Common
Name
Height Spread Type Water
Needs

24"
Avail.

36"
Avail.

48"
Avail.

Notes
5'+ Lyonothamnus
floribundus
Catalina
Ironwood
50 30 Evergreen VL Yes No No
5'+ Magnolia
grandiflora
'Majestic
Beauty'
Majestic
Beauty
Magnolia
40 20 Evergreen M Yes Yes Yes
5'+ Magnolia
grandiflora
'Russett'
Russett
Magnolia
20 15 Evergreen M Yes Yes Yes
5'+ Magnolia
grandiflora
'Saint Mary'
Saint
Mary
Magnolia
25 20 Evergreen M Yes Yes Yes
5'+ Magnolia
grandiflora
'Samuel
Sommer'
Samuel
Sommer
Magnolia
40 30 Evergreen M Yes Yes Yes
5'+ Melaleuca
linnarifolia
Flaxleaf
Paperbark
30 30 Evergreen L Yes No No
5'+ Metrosideros
excelsa
New
Zealand
Christmas
Tree
40 40 Evergreen M Yes No No
207
21 G-6

Exhibit B

City of Newport Beach Parkway Tree
Designation List
Pkwy
Size
Botanical Name Common
Name
Height Spread Type Water
Needs
24"
Avail.

36"
Avail.

48"
Avail.

Notes
5'+ Parkinsonia x
'Desert
Museum'
Desert
Museum
Palo Verde
30 35 Semi L Yes Yes Yes
5'+ Pinus brutia Afghan
Pine
60 50 Evergreen L Yes Yes Yes
5'+ Pistacia
chinensis
Chinese
Pistache
40 40 Deciduous M Yes Yes Yes
5'+ Podocarpus
macrophyllus
Yew Pine 50 50 Evergreen M Yes No No
5'+ Prunus
ilicifolia
subsp. lyonii
Catalina
Cherry
30 30 Evergreen VL No No No Available-15 Gal
5'+ Pyrus
betulaefolia
'Southworth'
Dancer
Pear
25 20 Deciduous Yes Yes No
5'+ Pyrus calleryana
'Aristocrat'
Aristocrat Pear 30 40 Deciduous M Yes Yes Yes
5'+ Pyrus calleryana
'Chanticleer'
Chanticle er
Pear
35 20 Deciduous M Yes Yes Yes
208
22 G-6

Exhibit B

City of Newport Beach Parkway Tree
Designation List
Pkwy
Size
Botanical Name Common
Name
Height Spread Type Water
Needs
24"
Avail.

36"
Avail.

48"
Avail.

Notes
5'+ Pyrus
calleryana
'Redspire'
Redspire Pear 35 25 Deciduous M Yes Yes Yes
5'+ Pyrus
kawakamii
Evergreen
Pear
35 25 Deciduous M Yes Yes No
5'+ Quercus
douglasii
Blue Oak 50 50 Deciduous VL Yes Yes No
5'+ Quercus ilex Holly Oak 50 50 Evergreen L Yes Yes Yes 5'+ Sapium
sebiferum
Chinese
Tallow
Tree
40 35 Deciduous M Yes Yes No
5'+ Sophora
japonica
'Regent'
Chinese
Scholar
Tree
40 40 Deciduous M Yes Yes No
8'+ Araucaria
heterophylla
Norfolk
Island Pine
80 30 Evergreen M Yes Yes No
8'+ Brachychiton
discolor
Pink Flame
Tree
70 50 Semi L No No No Available-15 Gal
8'+ Cinnamomum
camphora
Camphor Tree 50 60 Evergreen M Yes Yes Yes
209
23 G-6

Exhibit B

City of Newport Beach Parkway Tree
Designation List
Pkwy
Size
Botanical Name Common
Name
Height Spread Type Water
Needs
24"
Avail.

36"
Avail.

48"
Avail.

Notes
8'+ Erythrina caffra Kaffirboom
Coral
Tree
40 40 Evergreen L Yes Yes No
8'+ Fraxinus velutina
'Modesto'
Modesto Ash 50 30 Deciduous M Yes Yes Yes
8'+ Koelreuteria
bipinnata
Chinese
Flame
Tree
50 50 Deciduous M Yes Yes Yes
8'+ Pinus canariensis Canary
Island Pine
80 50 Evergreen L Yes Yes Yes
8'+ Pinus pinea Italian
Stone Pine
60 40 Evergreen L Yes Yes Yes
8'+ Pinus
torreyana
Torrey Pine 70 40 Evergreen L Yes Yes No
8'+ Platanus x
hispanica
London
Plane
Tree
70 40 Deciduous M Yes Yes No
8'+ Platanus
mexicana
Mexican
Sycamore
60 40 Evergreen M Yes Yes No
8'+ Platanus racemosa California
Sycamore
60 40 Deciduous M Yes Yes Yes
210
24 G-6

Exhibit B

City of Newport Beach Parkway Tree
Designation List
Pkwy
Size
Botanical Name Common
Name
Height Spread Type Water
Needs
24"
Avail.
36"
Avail.
48"
Avail.

Notes
8+ Podocarpus
gracilior
Fern Pine 60 60 Evergreen M Yes Yes Yes
8'+ Quercus
agrifolia
Coast
Live Oak
70 80 Evergreen L Yes Yes Yes
8'+ Quercus
engelmannii
Engleman
Oak
60 80 Evergreen L Yes Yes No
8'+ Quercus lobata Valley
Oak
70 50 Deciduous L Yes Yes No
8'+ Quercus virginiana Southern
Live Oak
60 80 Evergreen M Yes Yes Yes
8'+ Roystonea
regia
Cuban
Royal
Palm
80 40 Evergreen M Yes Yes No
8'+ Schinus molle California
Pepper
40 50 Evergreen VL Yes Yes Yes
8'+ Tipuana tipu Tipu Tree 50 60 Semi M Yes Yes Yes
8'+ Ulmus
parvifolia
'Drake'
"Drake"
Chinese
Elm
60 60 Semi M Yes Yes Yes
8'+ Zelkova
serrata
Sawleaf
Zelkova
40 40 Deciduous L Yes Yes No
211
25 G-6

Exhibit C

Eastbluff Community Association Street Tree
Designation List
Pkwy
Size
Botanical Name Common
Name
Height Spread Type Water
Needs
24"
Avail.
36"
Avail.
48"
Avail.

Notes
2'+ Tabebuia chrysotricha Yellow
Trumpet Tree
25 20 Deciduous M Yes No No
3'+ Cercis
canadensis 'Forest
Pansy'
Forest
Pansy
Redbud
15 10 Deciduous M Yes Yes No
3'+ Cercis occidentalis Western
Redbud
15 10 Deciduous L Yes Yes No
3'+ Chitalpa tashkentensis Chitalpa 25 25 Deciduous L Yes Yes No 3'+ Eryobotrya deflexa
no fruit
Bronze
Loquat
25 25 Evergreen M Yes Yes No
3'+ Lagerstroemia indica
'Indian Tribes'
Crape Myrtle 25 20 Deciduous M Yes Yes Yes
3'+ Magnolia
grandiflora 'Little Gem'
Little Gem
Magnolia
20 15 Evergreen M Yes Yes Yes
3'+ Rhus lancea African
Sumac
25 20 Evergreen L Yes No No
212
26 G-6

Exhibit C

Eastbluff Community Association Street Tree
Designation List
Pkwy
Size
Botanical
Name
Common
Name
Height Spread Type Water
Needs
24"
Avail.
36"
Avail.
48"
Avail.

Notes
4'+ Arbutus unedo Strawberry
Tree
20 20 Evergreen L Yes Yes Yes
4'+ Cassia
Ieptophylla
Gold
Medallion
tree
25 20 Evergreen M Yes Yes No
4'+ Geijera
parvifolia
Australian
Willow
40 25 Evergreen L Yes Yes Yes
4'+ Spathodea
campanulata
African Tulip
Tree
30 20 Evergreen M Yes Yes No
5'+ Agonis
flexuosa
Peppermint
Tree
35 35 Evergreen L Yes No Yes
5'+ Albizia
julibrissin
Silk Tree 40 40 Deciduous M Yes Yes No
5'+ Bauhinia
variegata
(purpurea)
Purple Orchid
Tree
30 20 Deciduous M Yes Yes No
5'+ Brachychiton
acerfolius
Flame Tree 40 30 Evergreen L Yes Yes No
5'+ Calodendron
capense
Cape Chestnut 40 40 Deciduous M Yes No No
5'+ Fraxinus
oxycarpa
'Raywood'
Raywood Ash 35 30 Deciduous M Yes Yes Yes
5'+ Ginkgo biloba
'Fruitless'
Maidenhair
Tree
60 40 Deciduous M Yes Yes Yes
213
27 G-6

Exhibit C

Eastbluff Community Association Street Tree
Designation List
Pkwy
Size
Botanical
Name
Common
Name
Height Spread Type Water
Needs
24"
Avail.

36"
Avail.
48"
Avail.

Notes
5'+ Jacaranda
mimosifolia
Jacaranda 40 50 Deciduous M Yes Yes Yes
5'+ Koelreuteria
paniculata
Goldenrain
Tree
25 25 Deciduous L Yes Yes Yes
5'+ Lyonothamnus
floribundus
Catalina
Ironwood
50 30 Evergreen VL Yes No No
5'+ Magnolia
grandiflora
'Russett'
Russett
Magnolia
20 15 Evergreen M Yes Yes Yes
5'+ Magnolia
grandiflora
'Saint Mary'
Saint Mary
Magnolia
25 20 Evergreen M Yes Yes Yes
5'+ Magnolia
grandiflora 'Samuel
Sommer'
Samuel
Sommer
Magnolia
40 30 Evergreen M Yes Yes Yes
5'+ Magnolia
grandiflora.
'Majestic Beauty'
Majestic
Beauty
Magnolia
40 20 Evergreen M Yes Yes Yes
5'+ Melaleuca
linnarifolia
Flaxleaf
Paperbark
30 30 Evergreen L Yes No No
5'+ Melaleuca
quinquinerva
(virididfolia)
Cajeput
Tree
40 20 Evergreen M Yes Yes Yes
214
28 G-6

Exhibit C

Eastbluff Community Association Street Tree
Designation List
Pkwy
Size
Botanical
Name
Common
Name
Height Spread Type Water
Needs
24"
Avail.
36"
Avail.
48"
Avail.

Notes
5'+ Metrosideros
excelsa
New Zealand
Christmas
Tree
40 40 Evergreen M Yes No No
5'+ Pistacia chinensis Chinese
Pistache
40 40 Deciduous M Yes Yes Yes
5'+ Prunus ilicifolia
subsp. lyonii
Catalina
Cherry
30 30 Evergreen VL No No No Available -15 Gal
5'+ Quercus
douglasii
Blue Oak 50 50 Deciduous VL Yes Yes No
5'+ Quercus ilex Holly Oak 50 50 Evergreen L Yes Yes Yes 5'+ Tabebuia
heterophyll
Pink Trumpet
Tree
30 30 Deciduous M Yes Yes Yes
8'+ Brachychiton
discolor
Pink Flame
Tree
70 50 Semi L No No No Available-15 Gal
8'+ Cinnamomum
camphora
Camphor
Tree
50 60 Evergreen M Yes Yes Yes
8'+ Fraxinus
velutina
'Modesto'
Modesto Ash 50 30 Deciduous M Yes Yes Yes
8'+ Lophostemon
confertus
Brisbane
Box
60 40 Evergreen M Yes Yes Yes
8'+ Platanus
acerifolia
London
Plane Tree
70 40 Deciduous M Yes Yes No
215
29 G-6

Exhibit C

Eastbluff Community Association Street Tree
Designation List
Pkwy
Size
Botanical
Name
Common
Name
Height Spread Type Water
Needs

24"
Avail.
36"
Avail.
48"
Avail.

Notes
8'+ Podocarpus
gracilior
(Afrocarpus
gracilior)
Fern Pine 60 60 Evergreen M Yes Yes Yes
8'+ Schinus molle California
Pepper
40 50 Evergreen VL Yes Yes Yes
8'+ Tipuana tipu Tipu Tree 50 60 Semi M Yes Yes Yes
8'+ Ulmus parvifolia "Drake"
Chinese Elm
60 60 Semi M Yes Yes Yes

216
L-16

1 TEMPORARY BANNERS EXTENDING OVER OR WITHIN

THE PUBLIC RIGHT-OF-WAY

Findings and Purpose

Temporary banners and signs pose risks to the public in the form of potential physical obstructions in or over the right -of-way and by distracting an individual who otherwise would, and should, focus on other users. The City Council also finds that, in the absence of the size and number limits specified in this policy, temporary banners or signs could reduce property values, adversely impact land uses, and interfere with the recreational objectives of visitors to the City of Newport Beach. A total prohibition on the installation of temporary banners and signs within the public right -of-way is appropriate , with the exception of the provisions of this Policy and Newport Beach Municipal Code Chapter 20.42, because there are adequate alternative means of communication for those wishing to engage in commercial or non-commercial speech except for non-profit groups organizations conducting community wide events that are co-sponsored by the City of Newport Beach and open to the general public. Finally, the City Counc il has determined that the restrictions contained in this policy and the provisions of Newport Beach Municipal Code Title 20 are the least restrictive means available to accomplish the public safety, economic, and aesthetic objectives of the City Council.

General Provisions

Temporary banners and signs shall not be permitted within or over any public street or pedestrian right-of- way with the exception of those signs specified in Newport Beach Municipal Code Chapter 20.42, or any successor statute, and banners notifying the general public of a community wide event, open to the general public, conducted by a non- profit corporation or organization, and co- sponsored by the City of Newport Beach. Temporary banners and signs shall be installed in strict compliance with the provisions of this Policy and any conditions imposed on the permit by the Public Works Director and, if required, by the Utilities Director.

Permit Process

A. Except as provided in Newport Beach Municipal Code Title 20, or any successor statute, no person shall install any temporary banner or sign within any public right -of-way without first obtaining a permit issued by the Public Works Department.

B. Applications for a temporary banner permit shall be submitted to the Public Works Department on a form supplied by the City, and prior to thirty (30) days of planned installation date.

C. The Public Works Director shall determine if the application complies with the standards specified in this policy.

D. The Public Works Director shall approve/deny/recommend City Council approval of the application within five (5) working days. If the City Council approves the request, subsequent requests for the same event maybe approved by the City Manager, provided that the size, number, location, and banner type (language and graphics) are unchanged.
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2 E. The Public Works Director shall approve the permit if the application conforms with the standards contained in this policy.

F. The Public Works Director shall deny the permit if the application does not conform to the standards in this policy and shall give the applicant written notice of, and the reasons for, the denial.

G. The Public Works Director may impose a refundable security deposit to be applied to any damages, repairs to standards, poles, or City property not corrected by permittee within fourteen (14) days of banner removal or any special services required by City.

H. The Permittee shall agree to indemnify and hold harmless the City of Newport Beach.

I. The Permittee shall maintain a minimum of $1,000,000 in liability insurance from a company with a Best’s Key Rating Guide parameter of “A” or better and a financial size category of “VIII” or higher.

Standards

A. Manner of Installation

1. Permittee shall install no more than 100 banners;

2. a) Banners on streetlight poles shall be no more than two- and-one-half (2.5) feet wide and eight (8) feet high. Wind load calculations, determined by a registered engineer, shall be required for banners greater than twenty (20) square feet; b) Banners other than streetlight pole banners shall be no more than four (4) feet by eight (8) feet wide and are subject to review and approval for safety sight distance and clearance issues.

3. No more than one (1) banner shall be installed on any pole or standard and banners may not be installed between poles or standards;

4. The banners shall contain only the name of the permittee and if applicable, the date, time , and name of the event to be conducted by the permittee;

5. All banner brackets on streetlight poles shall be mounted at least fourteen (14) feet above the ground surface;

6. All banner brackets on streetlight poles shall be installed using stainless steel band clamps and the brackets must be sufficiently strong to withstand wind-load generated by ninety (90) mile per hour winds. Each banner shall have a minimum of two (2), five (5) inch half circle wind slits;

7. Poles or standards shall be wrapped with forty- five (45) milliliter thick black rubber sheet or other pre-approved material under all stainless steel brackets and clamps and no portion of any bracket shall be in direct contact with the surface of any street light pole or standard. 218
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3 In addition, all street light pole(s) being used shall be inspected and approved by the Utilities Department;

8. Banners shall be installed only at locations specified on the permit;

9. Permittee shall install and remove banners in strict compliance with the traffic control, signage and warning device criteria specified in the WATCH handbook and/or the California Manual on Uniform Traffic Control Devices; and

10. If more than one permittee requests the use of the same street light pole(s) at the same time, the City may require removal of some of the banners to allow other organizations to install banners authorized under City policies.

B. Time of Installation

1. Permittee shall contact the Public Works Department at least forty-eight (48) hours prior to the installation of any banner on streetlight poles pursuant to the permit; and

2. All banners and supporting material shall be removed within thirty (30) days after the date of installation.

C. Place of Installation

1. Banners shall only be installed on City-owned poles and standards, or approved locations in roadway medians, in City parks, and on other City owned facilities;

2. Banners shall not be installed on any pole or standard which could create sight distance problems for pedestrian or vehicular traffic;

3. Banners shall not be installed on poles or standards in any residential district;

4. Banners shall only be installed at the approved locations indicated on the plan submitted with the banner application; and

5. City-owned poles within Caltrans right -of-way shall require an additional review/approval process with Caltrans Permit Department.

History
Adopted L-8 – 10-25-1977
Adopted M-4 – 1-24-1994
Amended M-4 – 2-26-1996 (changed to L-16)
Amended L-16 – 2-24-1997
Amended L-16 – 5-8-2001
Amended L-16 – 4-8-2003
Amended L-16 – 10-10-2006
Amended L-16 – 5-14-2013
Amended L-16 – 5-12-2015
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4 Amended L-16 – 8-14-2018
Amended L-16 – 2-24-2026
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1 REDUCING BARRIERS TO WIRELESS SERVICE FACILITIES ON PRIVATELY OWNED

PROPERTY, ON CITY-OWNED AND CITY-HELD TRUST PROPERTY, AND THE PUBLIC

RIGHT-OF-WAY

Purpose

The purpose of this policy is to reduce barriers to wireless service facilities on private property, City-owned and City-held trust property, and the public right-of-way. This policy describes the manner in which these locations may be used as locations for personal wireless service facilities that transmit voice and/or data.

Policy

It is the Policy of the City to effectively balance the needs of its residents, visitors, and businesses to use and have access to state -of-the-art wireless telecommunication systems (such as wireless Internet, voice, and other data communications) with the needs of residents to safely and effectively enjoy their property.

This Policy shall be used when considering applications to install wireless communications devices on private property, City-owned, or City-held property by any wireless telecommunications provider or siting company.

Except for sites identified as ineligible for personal wireless service facilities pursuant to this Policy , all proposals affecting City -owned or City -held trust property shall be processed through the Community Development Department and the Public Works Department and shall be exempt facilities as provided in Chapters 20.49 and 21.49.

Chapters 20.49 and 21.49 of the Newport Beach Municipal Code (NBMC) shall be used for wireless service facilities on private property . The NBMC shall be reviewed to reduce the barriers to wireless service facilities.

Agreement Required

All personal wireless service facilities located on City -owned property or City -held Trust property , or in the public right-of-way must have an agreement approved as to form by the City Attorney and approved as to substance (including, but not limited to, compensation, term, insurance requirements, bonding requirements, and hold harmless provisions) by the City Manager. The agreement shall be executed prior to the issuance of a street construction permit (encroachment permit).

City Sites Eligible or Ineligible for Personal Wireless Service Facility Placement

A. Sites Eligible for Use . The City Council has determined that the following City locations are acceptable for placement of personal wireless service facilities, in no particular order of preference:

1. Newport Beach Civic Center.

2. Parks.

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2 3. Police Headquarters.

4. Lifeguard Headquarters.

5. The Community Centers.

6. Medians and parkways along public streets

7. The Central Library and Branch Libraries.

8. The Corporate Yards.

9. Qualifying City-held easements.

10. Streetlights (following certification and acceptance by the Utilities Department of an effective test of the facility ’s impacts to the light standard under various environmental conditions), which may be located upon the right-of-way, or City-trust held property.

11. Leased City property, subject to the lease provisions.

12. Open space areas owned by the City where no sensitive habitat exists and the personal wireless service facilities are located on existing structures, are designed to be unobtrusive and/or stealth-integrated to preserve the visual character and natural landscape of the site.

B. Sites Ineligible for Use . The City Council has determined that the following City locations are unacceptable for placement of personal wireless service facilities:

1. Open space areas owned by the City where placement of facilities in these areas would aesthetically impair the pristine nature of the area.

2. Other properties owned by the City where the placement of facilities would conflict with existing structures, including utilities, or otherwise impact use of the facility or property for its designated purpose.

3. Traffic signal poles.

Compensation and Term

The City Manager shall follow these rules when developing any agreement for the placement of any personal wireless service facilities on City-owned or City-held trust property, or in the public right-of-way:

A. Compensation for personal wireless services facilities located in the public right-of-way shall be based on the rates established by Federal Communications Commission (FCC) Small Cell Order (FCC 18-133).

B. Compensation on City-owned property other than a City streetlight shall be determined based on the California Department of General Services published telecommunications lease rates for 222
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3 installation of all types on City-owned public, non-commercial, and commercial properties, as may be amended or replaced. At the discretion of the City Manager, a discount not to exceed twenty percent (20%) may be applied to these rates to facilitate the installation of personal wireless service facilities in locations that address local coverage gaps or improves telecommunication coverage for residents.

C. The Agreement shall provide for a specific term to be determined by the City Manager.

D. The Agreement shall provide for the following rent adjustments:

1. Rent adjustments for personal wireless services facilities located in the public right -of-way shall be adjusted annually by the Consumer Price Index (CPI) , or any subsequent rates established by the FCC .

2. Rent adjustment on City -owned property other than City streetlights shall be adjusted annually based on the California Department of General Services published telecommunications lease rates.

E. The Agreement shall require the applicant to post a bond, letter of credit, or other financial security/securities (“Financial Security”) in an amount that equals or exceeds the anticipated cost of removing the personal wireless service facility or personal wireless service facilities and repairing any damage to City property at the completion of the Agreement term or in the event that the applicant ceases use of or abandons the personal wireless service facility or otherwise does not remove the personal wireless service facility including any equipment or cabinet whether underground, in the public right-of-way, or on City or private property. The Financial Security shall name the City as eligible for receipt of the Financial Security’s proceeds if the applicant ceases use of or abandons the personal wireless service facility(ies).

City Communications Systems Exempt

This Policy shall not apply to any communications system used by City personnel for communications deemed necessary for City operations.

History

Adopted L-23 – 9-24-2002
Amended L-23 – 10-10-2006
Amended L-23 – 8-14-2018
Amended L-23 – 2-24-2026
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1 CITY COUNCIL

Open Meeting Policies

The Newport Beach City Council is required to comply with the Ralph M. Brown Act (Brown Act). Unless an exception applies, the Brown Act requires public entities to deliberate and take actionact in open session.

The City Council has adopted these rules to ensure compliance with the Brown Act and to promote full citizen participation in the discussions and decisions of their elected and appointed representatives.

A. Regular Meetings. The City Council shall hold rRegular mMeetings as allowed by the City Charter and the Ralph M. Brown Act. The schedule for rRegular mMeetings is set annually by resolution of the City Council. Regular meetings shall begin at 4:00 p.m., or as otherwise scheduled due to the demand of business, and shall follow the order of business set forth in this ppolicy.

The City Council may hold a regular meeting, special meeting, or an adjourned regular or special meeting at any location authorized by the City Charter and the Brown Act. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hours on the following business day.

B. All regular, special, and adjourned meetings of the City Council shall be called, noticed, and conducted in compliance with the Brown Act.

C. Placing an Item(s) on a Future City Council Agenda. A member of the City Council may place an item(s) on a future City Council agenda for consideration by submitting a title or topic sufficient to satisfy the requirements of the Brown Act on or before 5:00 p.m. on the Tuesday preceding the meeting at which the item is to be considered. Item(s) to be placed on a future City Council agenda shall be primarily focused on issues that directly impact the finances, property, authority, policies, or interest of the City of Newport Beach and/or finances, property, or rights of the residents of the City of Newport Beach. When requested, the City Attorney shall assist a City Council Member with the drafting of an agenda title or topic to ensure consistency with the Brown Act. These items will appear under the section of the agenda titled, "Matters Which Council Members Have Asked to be Placed on a Future Agenda" . and aAny Council Member may ask clarifying questions regarding the item to ensure understanding of the matter; however, the City Council will not discuss or debate the item . At the Council meeting, if three (3) members of the City Council wish to examine the issue, staff will prepare an appropriate report and return the item to the City Council for discussion and/or action. Additionally, the City Manager may place an item(s) on the agenda at the City Manager's discretion.

D. It is the intent of the City Council that no item will be introduced on a City Council agenda after the hour of 11:00 p.m. Furthermore, it is the City Council's intent that if an item introduced and being discussed by 11:00 p.m. is not concluded by 12:00 a .m., the City Council should adjourn the meeting to another date.

The intent and purpose of this policy is to encourage a reasonable hour in which the City Council business is discussed and to protect against fatigue in discussing and deciding important City issues. 224
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2 Order of Business

Unless modified as provided herein, To theto the extent the business needs of the City require City Council consideration of the items set forth below, the agenda for rRegular mMeetings of the City Council shall contain the following items in the following order:

Study Session (if any)

Current Business (if Study Session is scheduled)
• Clarification of Items on the Consent Calendar
• Presentations (will be considered with the remainder of the Regular Meeting agenda items if no Study Session is scheduled)
• Study Session Items

Public Comments on Agenda and Non-Agenda Items (if Study Session and/or Closed Session is scheduled)

Recess (if Study Session and/or Closed Session is scheduled)

Study Session / Regular Meeting Agenda Items (at 4:00 p.m. or, if there is Study Session and/or Closed Session, when the meeting is reconvened)

Roll Call

Closed Session Report

Invocation

Pledge of Allegiance

Presentations

Study Session (if any)

Notice to the Public

Public Comments on Agenda and Non-Agenda ItemsItems (if Study Session and/or Closed Session is not scheduled)

City Council Announcements and Oral Reports from City Council on Committee Activities (non-discussion item)

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3 Matters Which Council Members Have Asked to be Placed on a Future Agenda (non -discussion item – Council Members may ask clarifying questions)

Public Comments on Consent Calendar

Consent Calendar:

A. Reading of Minutes and Ordinances

B. Ordinances for Introduction

C. Ordinances for Adoption

D. Resolutions for Adoption

E. Contracts and Agreements

F. Miscellaneous (for example: Planning Commission Agendas, budget amendments, and permit applications)

Items Removed from the Consent Calendar

Public Comments on Non-Agenda Items

Public Hearings

Continued Business

Current Business

Motions for Reconsideration

Public Comment on Closed Session Items (if any)

Closed Session (if any) - Council Chambers Conference Room

Closed Session Report (if any)

Closed Session, if necessary (report if applicable)

Adjournment

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4 The City Manager or Mayor shall have the discretion to change the order of business. Council Members may change the order of business by majority vote of the City Council. The City Clerk shall comply with all Brown Act rules related to publishing instructions required to be provided including the process for accommodations under the Americans with Disability Act and Senate Bill No.707.

Rules of Order for City Council Proceedings

A. Rules of Order. Except as provided in this pPolicy, the City Charter, other rules, or practices followed by the City Council, or applicable provisions of sState law, the procedures of the City Council shall be guided by the latest revised edition of Robert's Rules of Order (“Rules”).

1. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the City Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

B. Public Input. Members of the general publicpublic have the right to address the City Council on any item on the agenda, as well as any item under the subject matter jurisdiction of the City Council body.

Generally, the time allotted for public comment is three (3) minutes; however, the Presiding Officer may limit speaking time on any item based on the number of agenda items to be considered at the meeting and/or the number of speakers for each agenda item.

1. Agendized Matters and Consent Calendar . Speakers on agenda items, including, but not limited to, Consent Calendar items, shall limit their comments to three (3) minutesthe time allotted for public comment and shall step down from the lectern immediately after their time has elapsed unless the Ppresiding Oofficer has granted the speaker's request for additional time. As appropriate, thThe Ppresiding Oofficer may grant the speaker additional time if the speaker is addressing the Council on a complicated or complex matter or if the speaker represents a group of individuals whose individual testimony would exceed the total time allotted to the speaker. Speakers shall limit their comments to matters relevant to the item on the agenda.

2. Non-agendized Matters. The agenda shall contain a public comment section during which any member of the public may address the Council on any non-agenda item generally considered to be a municipal affair and within the subject matter jurisdiction of the Council. Public comments shall not be used for electioneering—including advocating for or against any candidate or ballot measure —or for advertising, promoting, or soliciting on behalf of any commercial business. To ensure that all members of the public have an opportunity to add ress the Council during public comments, each speaker shall be limited to the time allotted for public comment three (3) minutes and shall immediately step down from the lectern upon expiration of the allotted time unless the Ppresiding Oofficer has granted the speaker's request for additional time. Staff and/or members of the City Council may briefly respond to each speaker who testifies during public comments. Responses shall be limited to the specific issue(s) raised by the speaker and shall generally be limited to information helpful to the public's understanding of the issue(s) raised by the speaker. The City Council shall not take actionact relative to any public comment unless an action would beis authorized by Section 54954.2(b) of the Government Code, or any successor statute.

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5 3. Consent Calendar. A Consent Calendar item may be pulled by the Mayor or a member any member of the City Council. If a Consent Calendar item is pulled, members of the public may speak on each pulled item for up to the amount of time allotted for public commentthree (3) minutes, unless the Ppresiding Oofficer has granted the speaker's request for additional time.

Officers

A. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, or at the Mayor's request, the Mayor Pro Tem shall preside. In the absence of the Mayor and Mayor Pro Tem, the most senior member of the City Council present shall be the Presiding Officer. City Clerk shall call the City Council to order, whereupon a temporary Presiding Officer shall be elected by the City Council Members present to serve until the arrival of the Mayor or Mayor Pro Tem.

1. Powers and Duties of Presiding Officer.

a. Participation. The Presiding Officer may movemake a motion, debate, and vote on all agenda items from the Chair.

b. Question to be Stated. Prior to any vote , other than to move City staff’s recommendation, the The Presiding Officer, or at the Presiding Officer’s request, the City Clerk, shall state (or announce) the motion. prior to opening any subject to debate . The Presiding Officer or such member of the City staff as he or she may designate shall verbally restate each question immediately prior to calling for the vote.

c. Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his/ or her signature which were adopted in his/ or her presence, unless he/ or she is unavailable, in which case the signature of an alternate Presiding Officer may be used.

d. Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require a witness to be sworn if directed to do so by a majority vote of the Council.

B. Parliamentarian. The City Clerk Attorney shall be designated as Parliamentarian for the City Council proceedings to advise the Presiding Officer. Within the limitations imposed by Robert'sby the Rules of Order, the Presiding Officer has the authority to determine proper parliamentary procedure.

Conduct of City Council Business

A. Rules for Discussion/Debate.

1. Getting the Floor. Every Council Member desiring to speak shall first address the Presiding Officer and , gain recognition by the Presiding Officer , and shall confine himself or herself to the question under debate, avoiding personalities and indecorous language.

2. Opening Discussion/Debate. The following three steps are necessary prior to opening discussion/debate on any subject, except as noted.
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6 a. Motions. The Presiding Officer may open a matter for discussion or debate prior to the making of any motion. Before any subject is open to debate, a motion must be made. The motion is a proposal in that it sets forth something the person making the motion favors.

b. Motions - Second Required. Except for the nomination of a Council Memb er to serve as Mayor or Mayor Pro Tem, Aa motion by any member of the Council, including the Presiding Officer,, may not be open to debate without a shall require a second. Such action does not mean that the seconder endorses the motion, but only that he/ she wishes to have the motion considered.

c.
c. Stating of Motion. The motion must be stated (or announced) by the Presiding Officer prior to opening the subject to debate.

Exceptions:

i. Oral Presentations. Oral presentations may be made by City staff, or someone designated by staff, prior to a motion being made, discussed, or and debated upon.

ii. Questions to Staff. At any time during the proceedings, every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, address the questions to the City Manager, the City Clerk, or the City Attorney, who shall be entitled either to answer the inquiry himself / or herself or to designate a member of his/her staff for that purpose.

iii. Public Hearings. For matters that are the subject of a public hearing, the procedures for opening debate are suspended until after the public hearing is closed.

3. Addressing the Council

a. Manner of Addressing Council. Each person desiring to address the Council shall step up to the microphone, may state his/her name and address for the record, state the subject he/she wishes to discuss, may state whom he/she is representing if he/she represents an organization or other persons and, unless further time is granted by the Mayor, and shall limit his/her remarks to three (3) minutesthe time allotted for public comment. All remarks shall be addressed to the Council as a whole and not to any member thereof or to the audience. No question shall be asked of a Council Member or a member of the City staff without the permission of the Presiding Officer.

b. Exception:

The City Council may preside over administrative hearings or designate a hearing officer to take evidence and submit proposed findings and recommendations. In the event the City Council conducts any hearing that is quasi-judicial or administrative in nature, the following procedure shall be followed:

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7 i. The Ppresiding Oofficer may ask the City Manager to summarize the nature of the hearing and the issues to be resolved by the City Council.

ii. The Ppresiding Oofficer shall invite the person or entity that filed the application for permit, license, or other entitlement (applicant) to make a presentation. The applicant shall have a reasonable amount of time, as determined by the Presiding Officer, to present evidence or testimony relevant to any issue before the City Council. The City Council, City Manager, or City Attorney may ask questions of the applicant, or any witness presented by the applicant.

iii. In the event the matter is pending before the City Council by virtue of an appeal, the Ppresiding Oofficer shall then invite the appellant to make a presentation. The appellant shall have a reasonable amount of time, as determined by the Presiding Officer, to present evidence or testimony relevant to any issue before the City Council. The City Council, City Manager , or City Attorney may ask questions of the appellant , or any witness presented by the appellant.

iv. Upon conclusion of the presentations by the applicant and the appellant, if any, the Ppresiding Oofficer shall invite testimony from members of the audience.

v. Prior to closing the hearing, the Ppresiding Oofficer shall give the applicant and the appellant, if any, the opportunity to comment on the evidence with the right to comment limited to no more than five (5) minutes. In the case of an appeal, the applicant’s opportunity to comment on the evidence shall precede that of the appellant.

vi. The presiding officer shall have the discretion to require the applicant, the appellant, and their respective witnesses, to present testimony under oath.

vii. The Ppresiding Oofficer shall have the right to exclude testimony or evidence which is not relevant to any issue before the City Council.

b. Spokesman for Group of Persons. To expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the City Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesman be chosen by the group to add ress the City Council and, in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the City Council, subject to the right of all members of the public to speak on any item on the agenda pursuant to the Brown Act.

4. After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the City Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the City Council or Presiding Officer.

5. Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a quest ion by another Council Member. If a Council Member, while speaking, is called to order, he/ or she shall cease speaking until the question of order is determined and, if determined to be in order, he / or she may proceed. Members of the City staff , after 230
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8 recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

6. Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Council Member to appeal to the Council. If an appeal is taken, the question shall be "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine such question of order.

7. Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which the integrity, character or motives are questioned or where the welfare of the City Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

8. Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subjectsubject, or for more than five minutes, until every other Council Member desiring to do so shall have spoken.

89. Protest Against Council Action. Any Council Member shall have the right to have the reasons for his or her dissent from, or his or her protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered into the minutes may be made in the following m anner: "I would like the minutes to show that I am opposed to this action for the following reasons...."

910. Remarks of Council Member and Synopsis of Debate. A Council Member may request through the Presiding Officer the privilege of having an abstract of his or her statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

B. Rules of Decorum.

1. Council Members. While the City Council is in session, the members must preserve order and decorum. Each Council Member shall conduct himself / or herself with decorum and shall neither, by conversation or otherwise, delay nor interrupt the proceedings or the peace of the City Council, nor disturb any member while speaking or refuse to obey the orders of the Presiding Officer.

a. Each Council Member has the duty to:

i. Respect and adhere to the American ideals of government, rule of law, principles of public administration, and high ethical conduct in the performance of public duties.

ii. Represent and work for the common good of the City and not for any private interest.

iii. Refuse to accept gifts of favors or promises of future benefits which might compromise or tend to impair independent judgment or action.

iv. Provide fair and equal treatment for all persons and matters coming before the City Council. 231
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9 v. Learn and study the background and purpose of important items of business before voting.

vi. Faithfully perform all duties of office.

vii. Refrain from disclosing any information received during any closed session of the City Council held pursuant to state law.

viii. Decline any employment incompatible with public duty.

ix. Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics, or morals of other members of the City Council, City commission, committee or board, City staff, or the public, or other personal comments not germane to the issues before the City Council. Members are to be tolerant of all views expressed at public meetings.

x. Listen courteously and attentively to all public discussions at City Council meetings and avoid interrupting other speakers, including other members except as permitted by established Rules of Order.

xi. Maintain the highest standards of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation.

2. Decorum of Speakers and Members of the Audience . The Presiding Officer is responsible for maintaining decorum during public meetings. Speakers shall direct all comments to the City Council and not the audience. Speakers No person, whether they are present at a City Council meeting or participating in a meeting via a two-way telephonic service or a two-way audiovisual platform, shall not engage in any willful conduct that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting including, but not limited to, noncompliance with established rules of decorum, such as clapping or making sounds that disrupt the proceeding, exceeding the speaker’s time limit, or speaking out of turn.willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting . Any person(s) speaker engaging in such conduct shall be called to order by the Ppresiding Oofficer and, if the conduct continues, the person(s) may be removed from the meeting. Prior to removing the person(s), the Presiding Officer shall warn the person(s) that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The Presiding Officer may then direct the Seargent-at-Arms to remove the person(s) if they do not promptly cease their disruptive behaviorand, if the conduct continues, the presiding officer may order the speaker barred from speaking and/ or attending the meeting.

For meetings conducted via teleconference or video conference: the Presiding Officer may mute, disconnect, or remove a participant who is disruptive after issuing a warning.

No person shall be declared out of order, prevented from speaking or barred from attendance atattending any meeting because of any disagreement with the speaker's position or view on any matter, because of the speaker's identity, or because of any disagreement with the content of relevant testimony.

3. Members of the Audience. No member of the audience shall willfully interrupt the orderly conduct at the meeting. The presiding officer shall direct the removal of any individual whose willful interruption 232
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10 renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the presiding officer may order the meeting room cleared and continue in session. Media representatives shall be allowed to remain at the meeting except those representatives of whose willful conduct interrupted the meeting.

34. Persons Authorized to Approach the City Council Dais. No person except members of the City Council and the City staff shall enter the area between the public speakers' podiums and the City Council dDais without the consent of the Presiding Officer.

45. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he/ or she may designate, shall be Sergeant-at-Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Of ficer to enforce the rules upon affirmative vote of a majority of the City Council.

Teleconference Disruption Policy

A teleconference disruption occurs when a technological failure prevents real-time, two-way participation by the public or members of the legislative body, including but not limited to: the loss of internet connectivity; audio or video failure ; platform outages (e.g., Zoom, Teams, telephonic service) ; and the inability of the public to provide live comment.

If a temporary disruption occurs: the Presiding Officer shall announce the disruption on the record ; t he meeting shall be recessed; City staff will make a good faith effort to restore service (for up to an hour); and no deliberation or voting shall occur during the disruption . If service is restored, the Presidi ng Office shall reconvene the meeting and summarize the interruption for the record. If service is not restored, the City Council shall vote, by roll call, as to whether good faith efforts were made and the public interest in continuing the meeting outweighs remote access.

Ex Parte Communications

Members of the City Council shall disclose ex parte communications, if any, prior to the consideration of quasi-judicial items and any other items where the law requires disclosure (collectively (“quasi -judicial matter”).

Members of the City Council , and City employees, agents and representatives shall not engage in any eEx pParte communication with any member of a bBoard, cCommission, or cCommittee regarding any quasi - judicial matter pending, or reasonably expected to come, before that member's bBoard, cCommission, or cCommittee.

For purposes of this policy, the term eEx pParte communication shall mean any oral or written communication directed to a member which is intended, or is reasonably calculated, to influence the member's decision on any quasi -judicial matter but does not include communications between members during deliberations preliminary prior to a decision or communications where all interested parties or their representatives are present. The term quasi -judicial matter shall mean the appeal of any discipline imposed 233
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11 on any City employee, the appeal of any grievance filed by a City employee or employee association, or a proceeding to revoke any license, permit, or approval granted by the City Council, any bBoard, cCommission, or cCommittee, or any City employee and which is pending, or is reasonably expected to come, before the City Council or any City bBoard, cCommission, or cCommittee.

The provisions of this policy do not apply to eEx pParte communications between City employees and any member of the City Council or a bBoard, cCommission, or cCommittee regarding a quasi -judicial matter which has been submitted to, or can reasonably be expected to be heard by, the City Council, bBoard, cCommission, or cCommittee that is considered legal advice or when the eEx pParte communication is initiated by the member and requests only background information available to members of the general public.

City Council Voting Procedures

A. A. Voting Procedure. Any vote of the City Council, including a roll call vote, may be registered by the members raising their hands or by answering "Yes" for an affirmative vote, "Abstain" for an abstention, or "No" for a negative vote upon the member's name being called by the City Clerk, or by the Presiding Officer. Following the vote, the City Clerk shall audibly announce the results of the vote by name indicating whether the question carried or was defeated. The same shall be recorded in the minutes as the vote. The Presiding Officer in his/ or her discretion may publicly explain the effect of a vote for the audience, or he/ or she may direct a member of the City sStaff to do so, before proceeding towith the next item of business.

B. Substitute Motions and Amendments to Motions. A Council Member may move to substitute a new motion for the original motion; however, an amendment to a motion is preferred for minor changes rather than a substitute motion. Only one substitute motion shall be made to replace the original motion, and the City Council shall vote on the substitute motion first. If the substitute motion passes, the original motion is replaced. If the substitute motion fails, the original motion is considered. If both the original and substitute motion fail, a Council Member may make a new motion for consideration by the City Council.

CB. Disqualification for Conflict of Interest. Any Council Member who is disqualified from voting on a particular matter by reason of because of a Political Reform Act , Levine Act, or other conflict of interest , shall publicly state the nature of such disqualification in an open meeting. Except for Consent Calendar items, Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council Member affected, be decided by the other Council Members. Aa Council Member who is disqualified by reason of a conflict of interest oin any matter shall not remain in his or her seat during the debate and vote on such matter, butmatter but shall request and be given the permission of the Presiding Officer to step down from the Council tableCity Council dais. If the conflict involves a matter on the Consent Calendar the Council Member must announce the nature of the conflict, refrain from participating on the item, but may remain present at the City Council dDais. A Council Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

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12 DC. Failure to Vote. Every Council Member should vote unless they are disqualified from votingby reason of a conflict of interest. The vote of Council Member who abstains, absent a disqualifying conflict of interest, shall be counted with the majority vote of the quorum on the question voted upon.

ED. Tie Vote. Tie votes shall be considered a lost motion s and may be reconsidered by any Council Memberthe City Council.

FE. Changing Vote. A Council Member may change his / or her vote only if the Council Member makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item of business is taken up.

GF. Reconsideration. A motion to reconsider the vote on any action taken by the City Council at either the currentis meeting or the the previous meeting may be made only be made by one of thea Council Members who voted withon the prevailing side. A motion for reconsideration requires a second, which may be made by any Council Member, regardless of how they originally voted.

Closed Session Agenda

The closed session agenda shall be prepared by the City Attorney , and the City Attorney may place an item on the agenda at the City Attorney’s discretion. Any member of the City Council may place an item on the Closed Session Agenda for consideration by submitting a title or topic sufficient to satisfy the requirements of the Brown Act to the City Attorney on or before 5:00 p.m. on the Wednesday preceding the meeting at which the item is to be considered. The closed session agenda shall strictly conform to the format specified in the Brown Act. The City Attorney shall prepare a written report, or give an oral report, of any action taken in Cclosed Ssession that is required to be reported in open session by the Brown Act.

Selection of Mayor and Mayor Pro Tem

Section 404 of the City Charter provides for the selection of the Mayor and the Mayor Pro Te m by the City Council. This section provides that a Mayor and a Mayor Pro Tem shall be selected at least as often as Council elections are held and that the Mayor and Mayor Pro Tem shall serve at the pleasure of the City Council.

Effective with the selection of the Mayor and the Mayor Pro Tem during November of 1984, iIt is the policy of the City Council that the Mayor and the Mayor Pro Te m election shall occur every year at the December meeting. thereafter. The election shall take place pursuant to Section 404 of the City Charter.

Seating Arrangement for City Council

Each year, fFollowing each Council electionthe selection of the Mayor , members of the City Council shall be seated at the City Council table with senior Council Members having first choice of seats. The Mayor, however, shall be seated in the center of the City Council table and the Mayor Pro Tem pore shall always be seated immediately next to and to the right of the Mayor. In the event of equal seniority among members of the City Council, selection of City Council seats shall be made by the Council Member who received the highest margin of victory percentage in the most recent election.

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13 City Council Correspondence

The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and to immediately give a copy to the City Manager. The City Manager shall give immediate attention to administrative business referred to in the communication that does not require City Council action and may be promptly concluded or shall prepare a staff report for the next available City Council meeting.

Except as otherwise permitted by law, all mail or written communications from the p ublic, residents, or applicants shall be submitted to the City Council by 5:00 p.m. on the Monday immediately prior to the meeting at which the City Council will consider the item that is the subject of the mail or written communications to allow time for the City Council to adequately consider the mail or written communications.

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14 Ordinances, Resolutions and Contracts

A. Ordinances, Resolutions and Contracts. All ordinances, resolutions, and contracts shall be prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on his/ or her own initiative. The Planning Commission may initiate zoning and planning ordinances.

B. Prior Review by Administration Staff. All ordinances, resolutions , and contract documents shall, before presentation to the City Council, be reviewed by the City Manager or his/ her designee.

C. Reading of Adopted Ordinances. If a motion to waive reading of all ordinances has been adopted at the beginning of the Council meeting, the City Clerk will read the adopted ordinances by title only. If any Council Member so requests, the ordinance shall be read in full.

Preparation and Reading of Minutes

The City Clerk shall have the exclusive exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

Unless the reading of the minutes of a City Council meeting is ordered by a majority vote of the City Council, such minutes may be approved without reading if the minutes were City Clerk previously furnished made available to eachthe City Council Member and the public binder and website with a copythe public.

Recording of Open Meetings

A. All regular meetings of the City Council shall be recorded.

B. Any person attending an open and public meeting of the City Council shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera unless the City Council determines, based upon evidence in findings made by the Mayor, that continued recording would create noise, illumination, or view obstruction problems that are disrupting or would disrupt the proceedings.

The Mayor may impose conditions on any recordation, which in the absence of the conditions, would disrupt the proceedings.

C. Any audio tape or video record of any open and public meeting made by or at the direction of the City of Newport Beach Council shall be subject to inspection pursuant to the California Public Records Act (Sections 6250 et seq. of the Government Code). If a City Council meeting has simultaneously recorded audio and video, the audio recording may be destroyed after the City Council meeting minutes for that meeting have been approved by the City Council and the video recording has been uploaded to the document imaging system. Any person may inspect a video or audio recording without charge on a recorder made available by the City of Newport Beach.

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15 The City of Newport Beach is a City Council-City Manager form of government. The City Council appoints a City Manager to implement policy, to ensure laws are enforced, to direct the daily operations of City government, and to prepare and monitor the municipal budget. Because Council Policy is implemented on a daily basis through City staff, it is critical that the relationship between the City Council and City staff be well understood by all parties so that policies and programs may be implemented successfully.

The purpose of this policy is to further guide the implementation of Charter Section 406 (Interference in Administrative Service) so that the long tradition of positive relationships between members of the City Council and City staff is maintained.

A. General Interactions with City Staff:

1. The City Manager, City Attorney, and City Clerk are appointed directly by the City Council to provide executive, administrative, and legal services. , and Public Information Officer In many cases, the City Manager encourages direct contact with department directors within this Policy's guidelines, thus enabling the Council Member to get appropriate information quickly and easily.

2. If a Council Member's request is expected to take more than thirty (30) minutes (or in the case of a request from the Mayor, two (2) hours) to research, gather information, report on or otherwise respond to any inquiry, the City Manager, City Attorney, or City Clerk shall ask that the Council Member or Mayor place the request on the agenda for formal Council action before staff spends time or resources on the request.C

B. Requests for Information or Research:

1. For new issues, actions, or research proposed by a Council Member that require approval by the City Council, Council Members will follow the procedure provided in this policy to place an item on the City Council agenda.

2. For issues or actions that have been previously approved by the City Council, or which do not require City Council approval, Council Members will, depending on the nature of the request, route the request for information or research through the City Manager, City Attorney, or City Clerk. It shall be the responsibility of the City Manager, City Attorney, or City Clerk to promptly respond as to their recommended disposition of the request. Upon authorization by the City Manager, City Attorney, or City Cler k, the Council Member may communicate directly with other city staff members (such as department directors) or City consultants.

3. Council Members' contact with City staff or City consultants, other than City Council appointees, is limited to asking questions and obtaining information and not giving direction or assignments.

Expressions of Official City Position or Policy

Council Members are authorized to convey information to the public: as provided for by Council pPolicy; by law; that is factual in nature, (e.g., about City programs, projects, and other City business); as well as official positions and policies of the City that have been approved by the City Council as a body. If a member of the City Council desires that a particular official City position or policy be established or expressed on a given 238
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16 issue, not previously approved by the City Council, the Council Member shall submit their recommendations on said position or policy to the entire City Council as provided in this ppolicy, for evaluation and disposition as the City Council sees fit.

Except as provided in this pPolicy, any City Council Member who wishes to communicate a statement or opinion regarding any matter which the City Council has not taken an official position on shall ensure that said statement or opinion cannot be construed by the public as being an official position or policy of the City.

When communicating such opinion or statement, a City Council Member shall not use City equipment, City email addresses, or City stationery. Additionally, such communications shall make it clear that the Council Member is expressing their own personal opinion. The City Council finds this policy furthers an impo rtant public purpose by ensuring the public does not confuse personal opinions expressed by City Council Members with official expressions of City policy.

Use of City Stationeary and Email

Members of the City Council are authorized to use City stationery and email when corresponding on matters relating to official City business. Correspondence shall identify the author of the correspondence and email.

Use of City station eary or email for private personal matters or statements of personal opinion is not permitted.

The style and content of City stationary utilized by individual City departments shall be approved by the City Manager to minimize the number of styles and promote use of a City-wide standard.

Private Digital Communications

Digital communication(s) by a Council Member on a Digital Communication Platform, as that term is defined in Council Policy D-5, that is owned or controlled by a Council Member or a third-party (i.e., someone other than the City) and which discusses matters within the subject matter jurisdiction of the City Council, shall be deemed to be made in their personal capacity. Digital communications by a Council Member through a Digital Communication Platform owned or controlled by the Council Member or a third-party that discusses City matters shall make it clear that the Council Member is not speaking on behalf of the City ( i.e., “views expressed are my own”). All social media platforms owned or controlled by the Council Member that discusses City matters shall contain a notice that they are the personal page of the Council Member.

History

Adopted A-1 – 2-09-1959 ("Seconds to Motions")
Adopted A-3 – 2-09-1959 ("Seating of Councilmen")
Adopted A-6 – 11-13-1967 ("Recording of Meetings")
Amended A-l and A-3 – 11-12-1968
Reaffirmed A-1, A-3, and A-6 – 3-9-1970
Reaffirmed A-1, A-3, and A-6 – 2-14-1972
Adopted G-3 – 5-8-1972 ("City Council Instructions to Staff'') Adopted A-10 – 8-21-1972 ("Procedural Rules for Council Meetings", and incorporating A- l and A-3) Amended A-10 – 11-24-1975
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17 Amended A-6 – 6-13-1977
Amended A-6 – 10-25-1977
Amended A-10 – 11-28-1977
Amended A-10 – 7-24-1978
Amended A-10 – 9-11-1978
Amended A-10 – 11-27-1978
Adopted A-13 – 2-12-1979 ("Use of City Stationery by Councilmen") Amended A-10 – 10-23-1979
Amended A-10 – 11-12-1979
Amended A-10 – 7-28-1980
Amended A-6 & A-10 – 2-9-1981
Deleted A-3 – 2-9-1981
Amended A-1 – 10-25-1982
Amended A-10 – 6-25-1984
Amended A-10 – 10-22-1984
Adopted A-1 – 11-20-1984 ("Election of Mayor and Mayor Pro Tem") Amended A-10 – 6-24-1985
Amended A-10 – 3-24-1986
Amended A-10 – 1-12-1987
Amended A-10 – 5-26-1987
Amended A-10 – 11-28-1988
Amended A-10 – 11-27-1989
Amended A-13 – 1-8-1990
Amended A-10 – 8-13-1990
Amended A-10 – 10-22-1990
Amended A-10 – 6-28-1993
Adopted A-11 – 1-24-1994 (“Recording of Council Meetings") Amended A-6 – 1-24-1994 (renamed to "Open Meetings")
Amended A-1 – 1-24-1994
Amended A-13 – 1-24-1994 (changed to A-8)
Amended A-6 and A-10 – 3-28-1994
Amended A-6 – 6-27-1994
Amended A-6 – 12-12-1994
Amended A-11 – 2-27-1995
Amended A-10 – 10-09-1995
Corrected A-1 & A-8 – 2-26-1996
Amended A-10 – 2-26-1996
Amended A-6 – 2-26-1996
Adopted A-13 – 5-28-1996 ("Decorum and Order for City Commissions, Committees and Boards") Amended A-6 – 12-9-1996
Amended A-1 – 2-24-1997
Adopted A-15 – 11-10-1997 ("Ex Parte Communication")
Amended A-6 – 5-26-1998
Adopted A-16 – 6-22-1998 ("Conflict of Interest Procedures") Amended A-6 – 3-14-2000
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18 Amended A-6 – 2-27-2001
Amended A-6 – 3-27-2001
Amended A-6 and A-10 – 8-28-2001
Amended A-6 – 1-27-2004
Amended A-6 – 3-09-2004
Amended A-6 – 3-28-2006
Amended A-6 – 2-26-2008
Amended A-6 – 10-27-2009
Amended A-6 – 12-6-2010
Amended A-6 & A-10 – 2-22-2011
Amended A-6 – 11-27-2012
Amended A-6 and A-10 – 1-8-2013
Amended A-6 – 5-14-2013
Adopted A-3 – 5-14-2013 ("Request for Research or Information") Amended A-11 – 5-13-2014
Amended A-6 – 6-9-2015
Adopted A-20 – 7-14-2015 ("Expression of Official City Position") Amended A-11 – 4-12-2016
Amended A-13 – 1-24-2017
Amended A -1 – 8-8-2017 (incorporating A-3, A -6, A -8, A -10, A -11, A -13, A -15, A -16, and A -20, and renaming to “City Council”)
Amended A-1 – 1-22-2019
Amended A-1 – 7-14-2020
Amended A-1 – 4-27-2021
Amended A-1 – 2-14-2023
Amended A-1 – 5-14-2024
Amended A-1 -– 2-24-2026
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1 BOARDS, COMMISSIONS & COMMITTEES

Service on City Boards, Commissions, and Committees is one of the principal means by which residents participate in the conduct of City government. The City is fortunate to have highly skilled, educated and experienced residents that are willing to selflessly donate their time and resources to positively contribute towards the betterment of our cCity. This Policy prescribes the rules, guidelines, and ideals that govern our City’s Boards, Commissions, and Committees.

Board, Commission, & Committee Formation Process

A. Boards and Commissions shall be established by City Charter or ordinance of the City Council. Committees shall be established by a resolution of the City Council in accordance with this policy.

B. Boards, Commissions, and Committees shall be designated either 1) Permanent; 2) Standing; or 3) Ad Hoc. Boards, Commissions , and Committees having a definite termination date may be extended by City Council action.

C. With the assistance of the City Attorney, all Boards, Commissions , and Committees shall determine the applicability of, and comply with, if the Ralph M.

Brown Act applies and, if applicable, comply with its provisions.

D. All Boards, Commission, and Committee meetings open to the public shall include an opportunity for public comments and questions.

E. Boards and Commissions may be reviewed on or before December 31 of each year consistent with the Maddy Act (Cal. Gov . Code § 54972). Committees may be reviewed in October of each year for any needed additions, changes or deletions by the City Manager and the City Council. Within this review, the City Council shall consider whether the work done by Committees is duplicative of other Committees’ work , and shall consider merging or disbanding committees as appropriate. This provision shall not however prevent such changes at other times of the year.

Types of Boards, Commissions, & Committees

Boards and Commissions (Permanent)

These shall consist of citizens with a staff liaison pursuant to the enabling City Charter section, or ordinance or resolution. Appointments are made pursuant to this pPolicy. 242
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2 City Council Committees (Standing or Ad Hoc)

These shall consist of City Council Members and City staff as prescribed by the enabling ordinance or resolution. Annually, Tthe Mayor annually shall appoint the City Council Members subject to confirmation by the full City Council.

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3 City Council/Citizens’ Committees (Standing or Ad Hoc)

These shall consist of City Council Members, citizens, and City staff as prescribed by enabling ordinance or resolution. Annually, tThe Mayor annually shall appoint City Council Mmembers to these Committees subject to confirmation by the full City Council.

Appointment of citizens and staff members to these Committees shall be addressed in the respective enabling ordinance or resolution.

Citizens’ Advisory Committees (Standing or Ad Hoc)

These shall be comprised solely of citizens with perhaps a City Council or staff liaison.

Appointments generally shall be made annually by the Mayor subject to confirmation by the full City Council. However, the enabling ordinances or resolutions may provide that appointees represent each of the Council Districts in which case appointments shall be made by individual City Council Mmembers for their respective Council dDistricts, subject to confirmation by the full City Council.

Joint Governmental Committees (Permanent or Standing)

These are committees comprised of representatives from several governmental agencies.

Representatives toon these committees can be either City Council Members or City staff.

Appointment to joint governmental committees shall be made annually by the Mayor subject to confirmation by the full City Council.

City Staff Committees (Permanent, Standing, or Ad Hoc)

These are comprised of staff members designated by their job title as prescribed by enabling ordinance or resolution.

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4 Member Appointment Process

New Boards, Commissions, or Committees – Citizen Appointment

Unless otherwise provided in the formation ordinance or resolution, the City Clerk shall advertise in a newspaper of general circulation the opportunity for citizens to be appointed to a new Board, Commission, or Committee and the application procedure.

Final appointments shall not be made for at least ten (10) working days after the posting of the vacancy notice.

Annual Appointment List

On or before December 31 of each year, the City Clerk shall, consistent with the Maddy Act (Cal. Gov. § 54972), prepare a list of all appointive terms of Boards, Commissions , and Committees which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position. Also, the City Clerk shall list all Boards, Commissions, and Committees whose members serve at the pleasure of the City Council, and the necessary qualifications of each position. The list shall be poste d I:\Temp\Council Policy Ad Hoc d in the City’s normal posting location for agendas , as well as the Newport Beach Public Library located at 1000 Avocado Avenue.

Qualifications

Appointees to Boards, Commissions, and Committees shall be electorates and residents of the City, unless an . However, when exceptions are warranted, the reasons shall be so stated in that Boards, Commissions or Committee's exceptions is set forth in the enabling ordinance or resolution.

The City Clerk shall furthershall maintain a file of cCandidates for Board, Commission , and Committee appointments, which shall be reviewed each year by the City Clerk to ensure that those applicants are still available and eligible for appointment s.

Applications shall be retained in the active file for two (2) full years; thereafter they will be destroyed.

Vacancies

Approximately two (2) months prior to a scheduled vacancy, the City Clerk shall prepare and submit to a newspaper of general circulation , information relating to the vacancy including meeting dates and times ;, Board, Commission, or Committee functions ;, and the method of obtaining and submitting applications ; and establishing a date prior to 245
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5 June 1 as the last date to submit applications. The City Clerk shall notify each applicant of the receipt of their application.

Consistent with the Maddy Act (Cal. Gov. § 54974), within twenty (20) days after an unscheduled vacancy occurs on a Board, Commission or Committee, a special vacancy notice shall be posted in the City Clerk’s office, and other locations as directed by City Council. Additionally, the City Clerk shall prepare and submit information relating to the vacancy including meeting dates and times, and the Board, Commission or Committee application procedure. Final appointment s (other than emergency appointments) shall not be made for at least ten (10) working days after the posting of the vacancy notice.

Pursuant to Charter Section 705, if an unscheduled vacancy occurs within six (6) months from the expiration of the term, the City Council has the discretion to appoint a replacement to serve the balance of the unexpired term plus one (1) full term.

Board, Commission, and Committee appointees may be replaced after three (3) consecutive unexcused absences from meetings.

Periodically, situations may arise wherein due to the occurrence of a number of simultaneously scheduled Board, Commission , or Committee vacancies, it may be appropriate to make certain adjustments in the advertising and recruitment procedures, which are regularly utilized to fill these vacancies. In these cases, the City Council may make any necessary the following adjustments by majority vote at a regular public meeting.:

A. The two (2) month period prior to the occurrence of a scheduled vacancy, which is established for advertising purposes, may be extended to three (3) months.

B. The last date to submit applications for a vacancy may be changed from the third Wednesday prior to June, to no sooner than the third Wednesday prior to May 1.

C. The period established for the ad -hoc Appointments Committee’s recommendation to the Council of candidates, may be extended from at least two (2) weeks, to at least four (4) weeks prior to the date of appointment.

When vacancies occur, the City Council shall make every effort to appoint the best - qualified person to serve the interest of Newport Beach. The City Council shall only should only appoint a persons who haves filed an application for appointment with the City Clerk no later than five (5) days prior to the date on which the City Council will recommend nominates candidates for open positions. Generally, tThe application shall serves as thea basis for determining if the person is a qualified elector and resident of the City, has no conflict of interest that would prevent the applicant from serving, and 246
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6 otherwise satisfies the criteria for appointment specified in the City Charter and any relevant ordinance, resolution or City Council Policy. In determining whom to appoint to a Board or Commission, the City Council seeks diversity of opinions and discourages the appointment of persons to Boards and Commissions who: 1) in their professional capacity supervise or are supervised by another member of the same Board or Commission; or 2) are a member of the same family as another member of the same Board or Commission. Also, the City Council prefers that members of Boards, Commissions , and Committees represent different geographical areas of the City, but the location of a person’s residence shall only be is a consideration only when applicants are otherwise equally qualified.

Limit on Service

To afford the maximum opportunity for citizen service, no person shall be eligible for appointment to any one (1) City Board, Commission, or Committee for more than two (2) consecutive four (4) year terms, exclusive of a prior appointment to fill an unexpi red term. Appointees shall serve on only one (1) standing City Board, Commission , or Committee at any time.

Optional Ad Hoc Appointments Committee

Unless an alternative appointment procedure is provided in the formation ordinance or resolution, at such time when an appointment to a Board, Commission , or Committee is necessary, the Mayor, at his/her discretion, may establish an ad -hoc Appointments Committee composed of three (3) Council Members. If appointed by the Mayor, the ad - hoc Appointments Committee’s duties are as follows:

A. Review all applications for position s to City Boards, Commissions , and Committees. The ad-hoc Appointments Committee will review applicant answers to all questions contained in the application;

B. Conduct any necessary interviews with individual applicants; and

C. At least two (2) weeks prior to the date of appointment, Make a rRrecommendation to the full City Council at a regular public meeting on the appointment of a candidate(s) , two (2) or more candidates, if a sufficient number of candidates are available, (s) the ad-hoc Appointments Committee believes is most qualified for each Board, Commission, or Committee vacancy. City Council Members may wish to interview the recommended candidates further prior to final selection by the City Council. By having a goal of two (2) or more candidates for each vacancy, it is the intent of the City Council that at least two (2) separate individuals should be considered for each vacancy ( i.e., if there are two (2) 247
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7 vacancies, the City will attempt to have four (4) separate individuals under consideration).

The ad-hoc Appointments Committee, in conducting their review of applications and interviews with the individual applicants, if any, shouldall attempt to determine if there exists a potential conflict of interest, which might interfere with the performance of the applicant’s duties in an impartial manner free from bias. It is generally recognized that from time-to-timetime to time it is possible for any individual to have a conflict on any one (1) given issue; .

Thhowever, th e ad -hoc Appointments Committee , however, shouldall endeavor to avoid recommending appointments of applicants with a substantial conflict of interest, which would require repeated disqualification from voting on issues that are likely to come before the Board, Commission, or Committee.

If no alternative appointment procedure is provided in the formation ordinance/resolution, and if the Mayor does not form an ad -hoc Appointments Committee, the City Clerk shall review all applications and submit all qualified applicants to the City Council for consideration at an open and noticed meeting.

Voting Procedure

A. If possible, the City Council shouldall vote on all appointments and seats on each Board, Commission, and Committee simultaneously. The voting will be by paper ballotballot, and the City Clerk will tabulate and announce the results, including the vote tally.

B. Each member of the City Council will cast the number of votes as indicated on the paper ballot for each seat from the list of the nominees. In order toTo be appointed, the nominees must receive at least four (4) votes.

C. For Boards, Commissions, and Committees with two (2) vacancies, if two (2) of the nominees receive four (4) or more votes, they will be automatically appointed.

D. If there is a tie vote, ballots will be distributed to the Council Members to vote for the tying candidates only.

E. In the event that If no one receives four (4) votes, nominees receiving zero (0) or one (1) vote will be dropped and the City Council will cast two (2) votes from the list of the remaining nominees, and the determination will be made as previously stated.

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8 City Clerk Responsibilities

The City Clerk shall also be responsible for the following functions associated with Board, Commission, and Committee appointments:

A. Preparation of letters for the Mayor’s signature notifying successful candidates of their appointment.

B. Preparation of letters for the Mayor’s signature notifying unsuccessful candidates for appointment.

C. Preparation of letters for the Mayor’s signature thanking outgoing members for their service.

If established, once the final appointments are made by the City Council, the ad -hoc Appointments Committee will be dissolved.

Business Improvement District Appointments

The appointment of Business Improvement District advisory boards or the designation of an owners’ association is exempt from this City Council Policy, butpolicy but shall be consistent with the California Streets and Highways Code.

Decorum and Order
Board, Commission, and Committee deliberations and actions should be conducted in an atmosphere free from personal animosity and hostility. Each member of a Board, Commission, and Committee has the duty to:

A. Respect and adhere to the American ideals of government, rule of law, principles of public administration , and high ethical conduct in the performance of public duties.

B. Represent and work for the common good of the City and not for any private interest.

C. Refuse to accept gifts, favors, or promises of future benefits which might compromise or tend to impair independent judgment or action.

D. Provide fair and equal treatment for all personspeople and matters coming before the Board, Commission, or Committee.

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9 E. Learn and study the background and purpose of important items of business before voting.

F. Faithfully perform all duties of office.

G. Refrain from disclosing any information received confidentially concerning the business of the City or received during any closed session of the Board, Commission, or Committee held pursuant to state law.

H. Decline any employment incompatible with public duty.

I. Refrain from abusive conduct, personal charges , or verbal attacks upon the character, motives, ethics, or morals of other members of the Board, Commission, or Committee, City staff, or the public, or other personal comments not germane to the issues before the body. Members are to be tolerant of all views expressed at public meetings.

J. Listen courteously and attentively to all public discussions at Board, Commission, or Committee meetings and avoid interrupting other speakers, including other members except as permitted by established Rules of Order.

K. Faithfully attend all sessions of the Board, Commission, or Committee unless unable to do so for some compelling reason or disability.

L. Maintain the highest standards of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation.

If a Board, Commission, or Committee member cannot abide by these provisions, he/ or she should submit a letter of resignation or be removed from office by action of the Mayor and City Council.

Ex Parte Communications
Members of Boards, Commissions , and Committees shall disclose ex parte communications, if any, prior to the consideration of quasi -judicial items and any other items where the law requires disclosure (collectively “quasi-judicial matters”).

Members of Boards, Commissions, or Committees and City employees, agents and representatives shall not engage in any eEx pParte communication with any members of the City Council or other a Board, Commission, or Committee members regarding any quasi-judicial matter pending, or reasonably expected to come, before that member’s Board, Commission, or Committee.
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10 For purposes of this policy, the term eEx pParte communication shall mean any oral or written communication directed to a member which is intended, or is reasonably calculated, to influence the member's decision on any quasi -judicial matter but does not include communications between members during deliberations preliminary to a decision or communications where all interested parties or their representatives are present. The term quasi-judicial matter shall mean the appeal of any discipline imposed on any City employee, the appeal of any grievance filed by a City employee or employee association, or a proceeding to revoke any license, permit , or approval granted by the City Council, any Board, Commission, or Committee, or any City employee and which is pending, or is reasonably expected to come, before any City Board, Commission, or Committee.

The provisions of this policy do not apply to eEx pParte communications between City employees and any member of a Board, Commission, or Committee regarding a quasi - judicial matter which has been submitted to, or can reasonably be expected to be heard by, the Board, Commission, or Committee that is considered legal advice or when the eEx pParte communication is initiated by the member and requests only background information available to members of the general public.

Minutes
Written minutes, upon approval of the Board, Commission, or Committee, constitute the official record of its activities. Minutes will be prepared for all public meetings by City support staff and distributed to the entire member body for review prior to o fficial approval. Additions or corrections to the minutes are made at public meetings upon official Board, Commission, or Committee approval. Member requests for inclusion on the record of a specific action or comment shall be recorded at the next publicly -noticed meeting.

Recording of Open Meetings
A. Open and public meetings of Boards, Commissions , and Committees may be audio recorded upon request of the chairperson or pursuant to any procedural rule or by-law adopted by the Board, Commission, or Committee.

B. Any person attending an open and public meeting of any Board, Commission, or Committee shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera unless the Board, Commission, or Committee determines, based upon evidence in findings made by the chairperson, that continued recording would create noise, illumination, or view obstruction problems that are disrupting or would disrupt the proceedings. The chairperson may impose conditions on any recordation, which in the absence of the conditions, would disrupt the proceedings.
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11 C. Any audio tape or video record of any open and public meeting made by or at the direction of the City of Newport Beach shall be subject to inspection pursuant to the California Public Records Act (Sections 6250 et seq. of the Government Code).

Notwithstanding the provisions of Section 34090 of the Government Code, any audio or video recording of any open or public meeting of any B oard, Commission, or CCommittee, may be erased or destroyed one-yearone year after the taping or recordation, excluding Planning Commission , which shall be as those are kept permanently retained. Any person may inspect a video or audio recording without charge on a recorder made available by the City of Newport Beach.

Conflict of Interest
No member of any Board, Commission, or Committee shall, at the time of appointment or during the term of office, hold a position or office in another entity or organization which creates a conflict of interest with respect to the member’s service on the Bo ard, Commission, or Committee.

Expression of Official City Position or Policy
If members of City Boards, Commissions, or Committees desire that a particular official City position or policy be established or expressed on a given issue, they shall submit their recommendations on said position or policy to the City Council for evaluat ion and disposition as the City Council sees fit. In their interactions with the media, members of City Boards, Commissions, and Committees shall comply with the media policies in City Council Policy D-1.

This policy is not intended to restrict communication s between Boards, Commissions , and Committees and others on matters exclusively within the purview or responsibility of such Boards, Commissions, or Committees, but rather is intended to avoid confusion with regard to about the official City position or policy, which is defined as that of the City Council.

Fundraising & Contracting

A. No Board, Commission, or Committee shall have the authority to independently raise and collect funds on behalf of itself, any other Board, Commission, Committee, or the City. Any such funds shall be generated by and collected through legally established nonprofit groups and organizations which are independent of the City. An exception to this policy may be granted by the City Council on a per project basis when circumstances justify the exception.

B. No Board, Commission, or Committee which has been established by the City Charter or by the City Council, shall have the authority to enter into any contract 252
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12 with any agency, group, entity, or individual without authorization from the City Council.

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13 Use of City Stationary

Members of Boards, Commissions, and Committees are authorized to use City stationery when corresponding on matters relating to official City business. Said correspondence shall identify the author of the letter as such. Correspondence from individual Board, Commission, and Committee members must have the approval of their respective Board, Commission, or Committee. Use of City stationery for private personal matters is not permitted.

History

Adopted A-4 - 6-28-1965 (“Boards and Commission Appointments”) Amended A-4 - 8-15-1966
Amended A-4 – 9-26-1966
Adopted A-6 – 11-13-1967 (“Recording of Council Meetings”) Amended A-4 – 6-10-1968
Reaffirmed A-4 & A-6 – 3-9-1970
Reaffirmed A-4 – 2-14-1972
Adopted A-9 – 5-8-1972 (“City Council Committees”)
Amended A-9 – 6-11-1973
Amended A-9 – 5-12-1975
Amended A-9 – 12-8-1975
Amended A-9 – 6-28-1976
Amended A-9 – 8-9-1976
Amended A-4 – 7-12-1976
Amended A-9 – 12-13-1976
Amended A-9 – 1-10-1977
Amended A-9 – 1-24-1977
Amended A-6 – 6-13-1977
Amended A-4 – 9-12-1977
Amended A-6 – 10-25-1977
Amended A-4 – 11-28-1977
Amended A-4 – 12-19-1977
Adopted F-18 – 3-27-1978 (“Fund Raising”)
Adopted F-19 – 4-10-1978 (“Contracts”)
Amended A-4 – 6-26-1978
Amended A-9 – 9-11-1978
Amended A-4 – 11-27-1978
Adopted A-12 – 1-8-1979 (“BCC Expression of City Position”) Adopted A-13 – 2-12-1979 (“Use of City Stationary”)
Amended A-4 - 3-12-1979
Amended A-9 – 10-1-1979
Amended A-9 – 11-12-1979
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14 Amended A-4 – 7-14-1980
Amended A-6 & A-9 – 2-9-1981
Amended A-4 – 7-27-1981
Amended A-4 & A-9 – 11-23-1981
Amended F-18 – 11-14-1983
Amended A-9 – 1-12-1987
Amended A-13 – 1-8-1990
Amended A-9 – 10-22-1990
Amended A-9 – 1-24-1994
Amended A-4 – 1-24-1994 (changed to A-2)
Created A-11 – 1-24-1994 (“Recording of City Meeting”)
Reaffirmed A-12 – 1-24-1994 (changed to A-7)
Amended A-13 – 1-24-1994 (changed to A-8)
Created A-5 – 1-24-1994 (“Fund Raising/Contracts”, incorporating F-18 & F-19) Amended A-9 & A-11 – 2-27-1995
Amended A-2 & A-9 – 2-26-1996
Adopted A-13 – 5-28-1996 (“Decorum and Order for BCC’s”) Corrected A-5, A-7 & A-8 – 2-26-1996
Amended A-2 - 8-12-1996
Amended A-2 – 2-24-1997
Adopted A-15 – 11-10-1997 (“Ex Parte Communication”)
Amended A-9 – 5-26-1998
Adopted A-16 – 6-22-1998 (“Conflict of Interest Procedures”) Amended A-2 – 3-22-1999
Amended A-2 – 7-12-1999
Amended A-2 – 9-27-1999
Amended A-2 – 3-14-2000
Amended A-2 – 5-8-2001
Amended A-2 – 4-23-2002
Amended A-2 – 5-14-2013
Amended A-11 – 5-13-2014
Amended A-2 & A-9 – 5-12-2015
Amended A-11 – 4-12-2016
Amended A-13 – 1-24-2017
Amended A-2 – 8-8-2017 (incorporating A-5, A-7, A-8, A-9, A-11, A-13, and A-15) Amended A-2 – 7-26-2022
Amended A-2 - 2-24-2026
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1 DISCRETIONARY GRANTS

It shall be the policy of the City Council that the City of Newport Beach’s (“City”) budget specifically allows the City Council to, at any time during the year, direct revenue towards worthy projects or programs which the City Council deems beneficial to Newport Beach’s resident’s quality of life. The City Council notes that it has multiple tools at its discretion to assist non-profit agencies, community groups, community events, or enhancement projects within the cCity. These tools are:

A. Community Programs Grants from the General Fund;

B. Special Event Grants from the General Fund;

C. “District Discretionary Grant Accounts” from the General Fund;

D. Culture and Arts Grants pursuant to Council Policy I-10; and

E. Federal Community Development Block Grant (CDBG) Social Service Funds.

These funds shall be provided in the following manner:

(CDBG) Social Services funds shall be allocated according to standards set by the federal government and appropriated at least once each year. The level of funding offered for social services in Newport Beach shall be based upon federal formulas and the specific amount of CDBG revenue allocated to the City in any one fiscal year. The Community Development Department shall administer these funds after City Council approval of the funds’ expenditure.

Community Programs Grants shall be expended from the General Fund in an amount up to the amount of $75,000 each fiscal year. The City Manager’s Office shall review all requests for Community Programs Grants and shall forward recommendations for funding to the City Council for final approval. At the time of the City Manager’s presentation of any Community Programs Grant award proposals to the City Council, the City Manager shall show which entities, if any, have received funds from the Community Programs Grant, Special Event Grant, District Discretionary Grant, Culture and Arts Grant, or CDBG Social Services Fund during the same fiscal year.

The City Manager or his/her designee shall follow these priorities when recommending Community Programs Grants:

A. Local groups located within the cCity and offering programs to Newport BeachCity residents;

B. Regional groups located in Orange County and offering programs to Newport Beach City residents; and

C. Groups located in California and offering programs to Newport Beach City resident.s; and

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3 D. Groups that have not received funding from any City source for three (3) consecutive years or more.

Groups not offering programs or services to local residents shall not be eligible for support from the City.

Special Events Grants are intended to allow meritorious community, social or athletic events organizers to offset some or all of their City fees for their event. Doing so should decrease costs to the event organizer so that beneficiaries can see even greater benefit from any fundraising associated with the events. The City Manager or his/her designee shall, in consultation with the City Council, establish a threshold amount for the proposed City budget that reflects adequate support for these events. The City Manager shall establish an administrative policy for these grants. The City Manager may divide the funding into more than one category to ensure that different types of events are fairly measured with peer events. The City Council shall consider and approve the Special Event Grant allocations by recipient.

The City reserves the right to audit the expenditure of these funds within a year of receipt.

District Discretionary Grant Accounts. At the start of the fiscal year, the City Manager shall provide an account for each Council District within the City Council’s bBudget division known as the District Discretionary Grant Accounts. The City Council shall set a funding level of these aAccounts during the budget process preceding the June adoption of the City’s budget. Each City Council Member shall have, at his or her discretion, the ability to allocate their District’s funding to uses, projects, or community entities that benefit the City as a whole or the City Council Member’s district specifically. Any expenditure from these aAccounts must have an identifiable public benefit.

Requests to expend these funds should be directed by each City Council Member to the Finance Director.

Expenditures will be reported to the City Council annually. The report will include a brief description and the public benefit associated with each expenditure.

At the conclusion of the fiscal year in which the District Discretionary Grant Accounts received appropriation, all unencumbered funds in the aAccounts shall be deposited in the City’s General Fund Reserve Account.

History

Adopted F-22 – 7-8-1985
Amended F-22 – 10-28-1991
Amended F-22 – 1-24-1994 (changed to A-12)
Amended A-12 – 5-22-2001
Amended A-12 – 6-22-2010
Amended A-12 – 9-27-2011
Amended A-12 – 5-12-2015
Amended A-12 – 4-9-2019
Amended A-12 – 12-9-2025
Amended A-12 -– 2-24-2026
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1 NEWPORT BEACH CITY COUNCIL AIRPORT AND AVIATION POLICY

A. EXECUTIVE SUMMARY

One of the City Council’s primary objective s is to protect Newport Beach residents from the adverse impacts of aircraft operations at /from John Wayne Airport (JWA). Aircraft noise, emissions, and overflight activity represent one of the most significant long -term threats to residents’ quality of life.

The City lacks direct legal authority to regulate airport operations, but the JWA Settlement Agreement (Settlement Agreement) remains the most restrictive in the nation and is the City’s most effective tool for limiting adverse impacts from commercial operations. The City Council will continue to prioritize the maintenance of the curfew and the protections that the Settlement Agreement provides.

The City will also advocate for community engagement in the planning and implementation of Advanced Air Mobility (AAM) technologies, including Electric Vertical Take Off and Landing (eVTOL) aircraft and expanded drone usage, and work to minimize the impacts of AAM operations on residents’ quality of life.

B. LEGAL FRAMEWORK

The City Council understands that aircraft operations and airport regulation are primarily governed by federal law.

1. Federal Aviation Administration.

The Federal Aviation Administration (FAA) has exclusive authority to regulate aviation safety, efficiency and designated United States airspace, thereby preempting local or City control over flight paths and altitudes.

2. John Wayne Airport and the 1985 Settlement Agreement.

The existing restrictions set forth in the Settlement Agreement, as amended, predate the Airport Noise and Capacity Act of 1990 (ANCA). Hence, the existing restrictions under the Settlement Agreement are grandfathered under federal law. While the parties to the Settlement Agreement can agree to amend it, any amendment thereto cannot place additional restrictions on JWA airport operations.

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2 3. Airport Noise and Capacity Act.

ANCA severely limits new noise or access restrictions on modern aircraft . To impose any new restriction, an airport operator (the County) must provide substantial evidence that proposed measures (e.g., limits on operations, noise , etc.) are reasonable and do not unjustly discriminate. Specifically, under 14 Code of Federal Regulations Part 161 (Part 161), any proposed mandatory restriction on noise/capacity (such as flight caps or curfews) must meet the following six statutory criteria:

a. The restriction is reasonable, non-arbitrary, and non-discriminatory; b. It does not create an unreasonable burden on interstate or foreign commerce; c. It maintains safe and efficient use of navigable airspace; d. It does not conflict with any existing federal statute or regulation; e. There has been an adequate opportunity for public comment; and f. It does not create an unreasonable burden on the national aviation system.

4. Grant Assurances.

Airports receiving federal grants must sign “grant assurances” that legally obligate them to keep the airport open to public use on fair and reasonable terms without unjust discrimination.

C. POLICY

1. Objective.

The City Council’s objective is to minimize the adverse impacts of JWA operations on Newport Beach residents and ensure that emerging Advanced Air Mobility (AAM) and other technologies are implemented safely and in a manner that protects privacy and quality of life.

2. JWA Settlement Agreement.

As a signatory, t he City shall prioritize the protections afforded by the Settlement Agreement , consistent with this policy.

3. JWA Facilities and Operations.

The City shall continue to oppose any changes to facilities or operations that negatively impact Newport Beach residents including:

a. A second air carrier runway or runway extension.
b. Any modification to the noise curfew.
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3 c. Through-the-fence operations.
d. Port of Entry designation by U.S. Customs and Border Protection. e. Changes to the existing general aviation activity levels, facilities, the County’s General Aviation Improvement Program, land-use map, and General Aviation Noise Ordinance.
f. Limitations on the Remote Monitoring System and public access to noise data.

Also, the City may evaluate feasible operational or technological measures to reduce impacts, including higher departure altitudes, strict adherence to FAA -approved departure routes, use of quieter Noise Abatement Departure Procedures (e.g., NADP - 1), and encourage the adoption of quieter and cleaner aircraft technology.

4. Advanced Air Mobility.

The City will proactively engage in AAM planning and the integration of eVTOLs and drones to advocate for robust community engagement and coordination among the FAA, DOT, operators and service providers, airports and F ixed Base Operator s, developers, and regional and local government.

5. Alternative Transportation Service.

Recognizing the lack of a feasible second airport in Orange County, the City shall support efforts to accommodate regional air travel demand outside JWA, including:

a. Improved transportation connections to out-of-county airports. b. Development or expansion of air service at other regional airports. c. Expanded air cargo facilities at other regional airports, where appropriate.

6. Public Agency Support and Participation.

The City may continue participation in the Corridor City Coalition and advocate for policies that:

a. Align regional transportation plans with JWA constraints. b. Improve access to underutilized regional airports

The City will actively participate in regional planning efforts, including SCAG’s Regional Transportation Plan, and regularly engage county, state and federal officials.

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4 7. Community Involvement.

The City recognizes the importance of community organizations and will support informed, constructive advocacy aligned with th is Policy. The City will engage and educate residents on matters relating to aviation and this Policy.

8. Monitoring and Reporting.

The City Manager shall coordinate implementation of this Policy and periodically report to the City Council and Aviation Committee on:

a. Settlement Agreement compliance.
b. Regional airport and transportation planning.
c. State and federal legislative actions.

History

Adopted B-1 – 2-14-1972 (“Airport Land Use Commission for Orange County”) Reaffirmed B-1 – 12-10-1973
Reaffirmed B-1 – 11-11-1974
Amended B-1 – 10-14-1975 (renaming “Orange County Airport”) Amended B-1 – 11-27-1978
Created B-2 – 11-27-1978 (“Airport Land Use Commission for Orange County”/same as B-1) Amended B-1 – 10-14-1980
Amended B-1 – 7-27-1981
Amended B-1 – 9-27-1982
Amended B-2 – 9-27-1982 (renaming “Limitations of John Wayne Airport and Promotion of a New Regional Airport”)
Amended B-1 –3-14-1983
Amended B-1 – 5-23-1985
Amended B-1 and B-2 – 12-9-1985
Amended B-1 and B-2 – 10-22-1990
Amended B-2 – 7-13-1992
Amended B-1 – 12-13-1993 (incorporating B-2)
Amended B-1 – 2-27-1995
Amended B-1 – 3-22-1999 (changed to A-17)
Amended A-17 – 7-25-2006
Amended A-17 – 5-12-2015
Amended A-17 – 2-24-2026
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1 PARK FEE POLICY

Purpose

The City of Newport Beach maintains an extensive park and open space system. The acquisition and development of our park and open space properties is funded, in part, through the payment of park fees paid by persons or entities who subdivide properties.

The Subdivision Map Act requires park fees to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreational facilities to serve the subdivision that paid the fees. The City is required to develop a schedule specifying how, when and where the park fees will be used. The purpose of this Policy is to establish the criteria to be used in deciding which facilities serve subdivision residents and schedule whereby park fees are properly and timely committed to appropriate projects. This policy also identifies which park serve as citywide resources.

Policy

A. Service Criteria.

The Recreation and Open Space Element of the General Plan states that community parks and view parks serve the entire cCity. Community parks are those with improvements such as community buildings, parking, swimming, facilities for picnicking, active sports and other facilities that serve a larger population. View parks serve as citywide resources because of their unusual beauty and view opportunities. Neighborhood parks serve all ages and include unique recreational facilities, such as basketball courts, tennis courts, turf areas, active sports fields, community buildings, unique play areas . Trails serve as healthy recreation and transportation opportunities by providing people with attractive, safe, accessible and low - or no-cost places to recreate such as cycling, walking, jogging and hiking. Accordingly, park fees generated by any subdivision within the cCity may be used to develop new or rehabilitate existing community parks, view parks, and those neighborhood parks, as those trails listed on Exhibit A.

The Recreation and Open Space Element divides the cCity into 12 service areas consisting of relatively discrete residential communities. These service areas were created for the purpose of determining whether particular geographical areas were deficient in terms of park and recreational facilities and to id entify acquisitions or improvements which would provide residents with greater recreational opportunities. Accordingly, park fees generated by a subdivision within any service area may be used to create new, or rehabilitate, existing park or recreational facilities within that service area and as provided in the Recreation and Open Space Element.
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2 B. Implementation Schedule.

Park fees shall be placed in the Facilities Financial Planning Reserve Fund immediately upon receipt with a special designation as Park Fees. These funds, after special designation, shall be used solely for the acquisition or establishment of new, or the rehabilitation of existing, park, open space and recreational facilities.

The park fees shall also be placed on a schedule that lists the location of the subdivision, the fees paid, the date on which the fees were paid or the date on which building permits had been issued for 1/2 of the lots created by the subdivision (whichever occurs later), the service area within which the subdivision is located, the neighborhood park, recreation and open space facilities eligible for park fees generated by that subdivision, and the date on which the park fees must be committed to specific project of improvements. The park fees shall be used only for the park and recreation facilities identified on Attachment A and shall be utilized in accordance with the policies and sta ndards specified in the General Plan. Designations for expenditures will be made as part of the annual budget adoption.

[Attachment - Exhibit A]

History

Adopted I-3 – 9-20-1960 (“Park Standards”)
Amended I-3 - 8-30-1966
Amended I-3 – 11-12-1968
Amended I-3 – 3-9-1970
Amended I-3 – 2-14-1972
Amended I-3 – 12-10-1973
Amended I-3 – 2-25-1974
Amended I-3 – 5-9-1977
Amended I-3 – 6-13-1977
Adopted I-1 – 6-27-1994 (“Park Fee Policy”)
Amended I-1 – 4-23-2002
Amended I-1 - 4-8-2003 (changed to B-1)
Amended B-1 – 4-13-2004
Amended B-1 – 9-13-2005
Amended B-1 – 8-11-2009
Amended B-1 – 5-14-2013
Amended B-1 – 5-12-2015
Amended B-1 – 8-8-2017
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3 Amended B-1 -– 2-24-2026

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4 EXHIBIT A

PARK DEDICATION POLICY

PARKS GUIDE

The following view parks serve as citywide resources by reason of their unusual beauty and the view provided:

Back Bay View Park
Bayview Park
Begonia Park
Channel Place Park
Civic Center Park
Cliff Drive Park
Corona del Mar State Beach Park
John Wayne Park
Galaxy View Park
Inspiration Point
Irvine Terrace Park
Los Trancos (lower, middle, upper)
Canyon Watch
Harbor Watch
Castaways Park
Jasmine View Park
Kings Road Park
Lido Park
Lookout Point
Newport Island Park
Peninsula Park
Rhine Wharf Park
Sunset View Park
West Jetty View Park
Westcliff Park
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5 The following Community and Neighborhood Parks serve as citywide resources by reason of the unique recreational opportunities they offer:

Arroyo Park - Lighted multi -purpose field, basketball court, picnic areas and playground.

Bonita Canyon Sports Park - Four youth baseball fields, one multi -purpose field, one soccer field, tennis courts, pickleball courts, basketball court, 2 playgrounds and connecting trail to Arroyo Park.

Bonita Creek Park - Community center, playground, lighted multi-purpose fields, and basketball court.

Buck Gully- hiking trails

Buffalo Hills Park - Basketball court, baseball/softball diamond, volleyball court, multi-purpose fields.

Carroll Beek Community Center and Balboa Island Park - Basketball court, tot playground and community center.

Civic Center Park – Scenic view, dog park, art sculptures, cactus garden, Civic green, and walking trails and community room.

Coastal Peak Park – Two multi-purpose fields, playground, two picnic pavilions and basketball court.

Community Youth Center/Grant Howald Park - Basketball court, tennis courts, playground, community center, softball and multi-purpose field.

Eastbluff Park - Baseball diamond, multi-purpose field, playground, and view of the Back Bay.

Harbor View Nature Park - Natural vegetation area.

Lincoln Athletic Center - Gymnasium, lighted baseball/softball diamond and multi-purpose fields.

Marina Park – Community center, sailing center, picnic area, playground, basketball courts and fitness course.

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6 Mariners Park - Multi-purpose room, baseball/softball facilities, racquetball courts, lighted tennis courts, multi -purpose fields, and an ADA equipped play area.

Newport Coast Community Center – Gymnasium, multi -purpose facility with classrooms

OASIS Senior Center - Multi-purpose senior facility with classrooms, large multi- purpose room, and fitness center.

Peninsula Park - Beach sited multi -purpose field, playground (ADA compliant), picnic and barbecue facilities, baseball/softball diamond and gazebo.

San Joaquin Hills Park - Tennis courts, pentanque courts, lawn bowling facility.

San Miguel Park - Ball diamond, athletic field, four racquetball courts, basketball court and an ADA equipped play area.

Sunset Ridge Park – Baseball field, soccer fields, butterfly garden, scenic view and playground.

Theater Arts Center - Ninety seat community theater.

West Newport Community Center- Gymnasium

West Newport Park - Tennis courts, racquetball courts, basketball court, and 3 playgrounds.

38th Street Park - Basketball courts and playground (ADA compliant).

Big Canyon Nature Park – hiking trails
Bob Henry Park – Multipurpose field, ball diamond, playground, picnic areas Newport Aquatic Center - rowing, canoeing, kayaking, paddle boarding facility

North Start Beach – aquatic center
Spyglass Hill Park – playground, picnic area
16th Street Community Center – multipurpose facility with classroom

The following Trails serve as citywide resources by reason of providing unique recreational opportunities within the existing urban and natural environment:

Arroyo Trail
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7 Back Bay Trail
Balboa Island Loop
Bonita Canyon Sports Park Trail
Bonita Creek Trail Buffalo Hills Trail
Buck Gully Trail
Castaways Trail
Corona del Mar Loop
Fashion Island Loop
Newport Ridge Trail
Upper Bay Trail
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1 NAMING OF CITY PARKS/PUBLIC FACILITIES & PLAQUE DEDICATIONS

The City of Newport Beach has a comprehensive program to provide park and open space to serve the leisure and recreation needs of residents. It is desirable that appropriate names be selected for parks and public facilities. The following guidelines shall serve as policy on this matter.

A. Suggestions for naming new or existing parks or public facilities shall be reviewed by the Parks, Beaches and Recreation Commission with a recommendation being transmitted to the City Council for approval.

B. New or existing park or public facilities names can be chosen from, but not limited to, the following categories:

1. Streets or schools bordering park

2. Topography

3. Theme

4. Common names already in place for the area

5. Persons that have been deceased for at least fifteen (15) years.

C. Facility rooms or site amenities may be dedicated in honor of persons if done as part of a capital/fundraising campaign and with the approval of the City Council.

D. Plaques for City facilities and parks shall include the City seal in a prominent position and the following information in the specific order given:

1. Council-approved facility or park name.

2. Date of dedication (opening) or rededication.

3. City Council Members currently in office. The names and titles of the Mayor and Mayor Pro Tem shall be first, followed by the names of the remaining Council Members in alphabetical order. For large, multi -year projects, include the names of Council Members who were in office at the time of project award.

4. If applicable, the names of the appropriate, current Board or Commission members.

5. Current City Manager.

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2 6. The name of the appropriate, current Department Director (the director whose department is most closely affiliated with the use of the facility) at the time of dedication or rededication.

7. If applicable, the names of key project partners, i.e., other government entities or funding entities.

8. Optional: the nNames of the firms of the City’s construction partners, e.g., architect, general contractor, construction manager.

In cases of dedications of a major remodeling project or facility expansion, the existing plaques shall continue to be displayed.

History

Adopted I-22 – 9-12-1988
Amended I-22 – 1-24-1994 (changed to I-9)
Amended I-9 – 2-27-1995
Amended I-9 – 4-8- 2003 (changed to B-9)
Amended B-9 – 5-13-2003
Amended B-9 – 8-8-2017
Amended B-9 – 10-11-2022
Amended B-9 – 2-24-2026
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B-13

PUBLIC USE OF CITY FACILITIES

Purpose

City of Newport Beach (City) facilities, which include parks, playing fields, gymnasiums, community rooms and swimming pools, are available to the public for civic, social, educational, athletic, cultural activities and limited commercial use. It is the intent of this Policy to provide use regulations and application and scheduling procedures to accommodate groups that wish to use City facilities.

Procedure

A. Applications to use City facilities must be made on forms provided by the Recreation and Senior Services Department (Department). Applicants must provide all information as may be required by the Department to assure compliance with the requirements and regulations of this Policy.

B. Applicants will be required to provide a security deposit in an amount that will promote use of the Recreation and Senior Services facilities in an orderly manner without damage to the facilities. Security deposits will be refunded upon inspection of facilities and confirmation that no property damage has occurred or additional cleanup is required.

C. Applicants will be required to acknowledge that neither the City nor the Department assumes any liability for injury or loss of personal property. Prior to the use of the facility, the application must have approval of the Recreation and Senior Services Director or designated representative.

D. Approval or denial of a reservation request will be provided within five working days of receipt of a completed application.

E. Reservations for use of Department facilities may be made up to six months in advance, but no later than ten working days before the event with the exception of park reservations which may be made no later than five working days before the event.

F. The City is not liable for any and all accidental injury to any and all persons or loss or damage to group or individual property. When it is deemed to be in the best interest of the general public, the City will require the permittee to furnish a Certificate of Insurance naming the City of Newport Beach as an additional insured. The amount of the insurance shall not be less than $1,000,000 per occurrence of commercial general liability insurance.

G. A Facility Use Permit shall not be transferred, assigned or sublet. All Facility Use Permits will be issued for specific facilities and for specific hours, and the premises must be vacated as scheduled. 272

H. The reservation request and rental agreement must be completed and signed by an adult age 21 and over who will attend, supervise and be responsible for the entire event or activities. Proof of residency is required at the time of application in order to receive the resident rate. Proof of non-profit status is required at the time of application in order to receive the non-profit rate. 273
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I. A Facility Use Permit which authorizes the rental of facilities may be revoked for violation of any rental policies.

Regulations and Restrictions

All uses of Department facilities will be subject to the following regulations and restrictions:

A. Use of Alcohol.

1. Alcoholic beverages are prohibited and shall not be permitted in or on any municipal facilities operated by the Department, except beer and wine may be served for special occasions at the OASIS Senior Center, Newport Theatre Arts Center (NTAC), Newport Coast Community Center (NCCC), Civic Center Community Room (CCCR), Newport Beach Junior Guard Center, Witte Hall, and Marina Park when done in compliance with State of California Department of Alcoholic Beverage Control (ABC) regulations and approved in writing by the Recreation and Senior Services Director. Approval to serve beer and wine shall not be deemed to approve service of alcohol in violation of Section 25604 of the Business and Professions Code. The Recreation and Senior Services Director will require the permittee to pay City costs to provide additional security when alcohol is served.

2. The use of alcoholic beverages is by written permission only and must be requested at the time the facility use request is submitted. The Department reserves the right to place restrictions on the use of alcoholic beverages in accordance with State lLaw and these guidelines. "Alcohol use" means the presence of any beverage that contains any amount of alcohol.

3. Alcohol is not allowed when an event is designated for minors such as school age award programs, birthday parties, and/or receptions.

4. When alcohol is served, there shall be a minimum of two security guards present at the facility at all times. The guards must arrive 30 minutes before guest arrival time and remain until the contract end time. One guard must be positioned at the entrance of the event and one guard positioned in the event area. The parking lot must be monitored every 30 minutes.

The security guards shall have the authority to enforce all rules and regulations governing facility rentals. In the event that the Police are called, the cost of their services shall be deducted from the applicant's security deposit. The applicant will be billed for any costs exceeding the security deposit.

5. No alcoholic beverage shall be served to any person less than 21 years of age. Injuries caused to any person as a result of alcoholic beverages being served to or consumed by someone under the age of 21 while on the City's premises, shall be the sole responsibility of the organization or individual renting the facility.

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6. The distribution or consumption of alcoholic beverages shall be in compliance with all applicable laws, including regulations of the ABC. Any organization using City facilities shall be solely responsible for obtaining all permits or licenses relating to the distribution and consumption of alcoholic beverages on the premises.

7. Alcohol may only be served by an adult 21 years of age or older. If evidence is found that alcohol is being served that was not authorized by the Department or to a minor, the Police will be notified and the event will be terminated and all fees and deposits will be forfeited.

8. The City shall require the applicant to carry general liability insurance when alcohol is available, but not sold. The City shall require a full liquor liability premium in addition to general liability insurance when alcohol is sold in exchange for money. The cost of the required liability insurance shall be borne by the applicant.

B. Smoking is prohibited in and on all City property including restrooms and within 100 feet of a park, park facility or beach.

C. For all indoor facility rentals involving youth, 17 years and under, there shall be at least one adult for every 20 minors, or increments thereof, in attendance, who shall remain in the facility for the duration of the activity.

D. No group's activities shall interfere with the administration of the Department.

E. Non-profit 501 (c) (3) groups may use the facility for fundraising activities and charge entrance fees and collect donations provided that a detailed plan of the event, including the expenses, marketing plan and procedure for collecting fees, is submitted with the rental application.

F. Facilities and equipment are to be left in the same condition as they were prior to the rental.

The permittee is responsible to pay for any damage to property or loss of property. A fee equal to total replacement cost will be charged. It shall be the responsibility of the permittee to see that unauthorized portions of the facility are not used. Continued or repeated use of City facilities will be contingent upon care of the facility, property and equipment, and observance of all approved rules and regulations.

G. No gambling of any kind shall be conducted on, or in, City facilities, and the permittee shall insure that no disorderly or illegal conduct shall be allowed in any facility.

H. The use of public address equipment will be limited to that provided by the facility, unless written approval has been secured by the Department through a Special Event Permit.

I. Private groups wishing to collect fees, donations or admission charges, or those using the facility to market a product, give a presentation, or advertise their business, will be considered commercial users.

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J. The posted occupancy of City facilities shall not be exceeded.

K. Storage space will not be granted at any time.

L. Facilities are not available for reservations on the following holidays: Christmas Eve, Christmas Day, Easter, Presidents' Day, Independence Day, Labor Day, Martin Luther King Day, Memorial Day, New Year's Eve, New Year's Day, Thanksgiving and Veterans Day.

M. All persons using the facilities shall observe and obey regulations of this policy, the rules of the Department and all applicable City, State and Federal laws, rules and regulations.

N. Vehicles are not permitted on park grass or fields. Parking is permitted in designated spaces.

Overnight parking is not allowed.

0. Minors must remain in the rented facility room and shall not be allowed to roam unsupervised throughout the facility.

P. When no alcohol is served but the group size is 200 or more, one security guard may be required, at the discretion of the Department Director.

Q. Policies and guidelines regarding caterers shall be adhered to.

R. All professional services utilized for events require a City of Newport Beach business license and liability insurance listing the City as additionally insured.

S. Animals are not permitted within City fFacilities with the exception of service animals.

However, this provision shall not apply to activities or programs of the Recreation and Senior Services Department.

Fee Classifications - Priorities of Use

Permission for use of City facilities shall be granted on a first- come first- served basis, subject to the following priorities:

A. All official Department initiated and/or conducted activities, including those of the Friends of OASIS at the OASIS Senior Center, and exemptions noted in City Council Policies B -5 and B-10.

B. All official City of Newport Beach activities.

C. All official City co -sponsored groups and/or activities such as community groups and activities which are non-profit, self -governing, privately organized and of an educational nature which may be brought under the sponsorship of the Department.

D. Official public agency sponsored programs and activities not included in A, B, and C above. 277

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E. Youth Sports Commission Member Organizations.

F. Resident non-profit youth serving organizations with 50% or more of membership consisting of Newport Beach residents.

G. Recreational, social, or civic activities of groups which are resident promoted and sponsored by local non -profit* organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents.

H. Recreational or social activities of private Newport Beach residents which are not open to the public. (private parties).

I. Recreational, social, or civic activities and/or groups which are non-resident promoted and sponsored by non -profit organizations which are open to the public, but not qualifying under D above.

J. Schools, colleges, hospitals , and other similar civic groups not qualifying under the definition of non-profit.

K. Others.
* Non-profit status is defined as an organization that is so defined by the Internal Revenue Service, § 501(c) (3) and has a State of California Tax Identification Number.

Fees, Deposits, and Cancellation Procedures
Fees may be charged for the use of City facilities and shall be established and periodically adjusted and approved by the City Council. Fees are imposed to cover overhead, processing, deposits, maintenance, and replacement costs for application and scheduling and maintenance of the facilities.

A. A security deposit will be required for all room rentals. All or a portion of the deposit may be retained by the Department after inspection of the facility by the Recreation and Senior Services Director or a designated representative and a determination that the facility has not been left clean and/or in good repair.

B. A separate additional cleaning fee may be charged for rental of the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center, Witte Hall, and Marina Park Community Center.

C. No fee or deposit shall be charged for use of City facilities by the City of Newport Beach, or events co-sponsored by the City of Newport Beach or its departments, with the exception of direct costs.

D. Cancellations for any facility other than the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center, Witte Hall, and Marina Park may occur seventy -two hours prior to the scheduled use of facilities without forfeiting fees collected by the City, with exception of a City service refund processing fee. Cancellations with less than seventy-two hour notice will be charged a cancellation fee established by resolution of the City Council. In the event of cancellation by the City, notice will be given as far in advance of the scheduled use as possible. 279
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E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center, Witte Hall, and Marina Park that occur less than thirty days prior to the scheduled use of the facility will be charged 25% of the rental fee. Cancellations with less than seventy-two hour notice will be charged the entire rental fee.

History

Adopted I-5- 11-22-1962 ("Use Priorities and Fees")
Amended I-5- 3-9-1970
Reaffirmed I-5- 2-14-1972
Adopted G-4- 5-13-1974 ("Use of City Facilities")
Amended I-5- 5-28-1974
Amended I-5- 2-13-1978
Amended G-4 and I-5- 10-10-1978
Amended I-5 - 2-12-1979
Amended I-5- 5-14-1979
Amended I-5- 8-28-1979
Amended I-5- 11-26-1979
Amended G-4 and I-5- 2-9-1981
Amended I-5- 11-23-1981
Amended I-5- 10-12-1982
Amended I-5- 10-25-1982
Amended G-4 and I-5- 4-23-1984
Amended I-5- 11-28-1988
Amended I-5- 11-27-1989
Amended I-5- 3-25-1991
Adopted I-25- 5-26-1998 ("Public Use of City Facilities", and incorporating G-4 and I-5) Amended I-25- 5-8-2001
Amended I-25- 4-23-2002
Amended I-25- 4-8-2003
Amended I-25- 7-22-2003 (changed to B-13)
Amended B-13- 9-13-2005
Amended B-13- 10-10-2006
Amended B-13- 8-11-2009
Amended B-13- 5-14-2013
Amended B-13- 5-12-2015
Amended B-13- 8-8-2017
Amended B-13- 11-14-2023
Amended B-13- 2-24-2026

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D-9

1 ECONOMIC DEVELOPMENT POLICY

Purpose

The City Council recognizes that the City’s ability to deliver quality municipal services is dependent on adequate tax revenues derived primarily from the properties and businesses located within the cCity.

Healthy, thriving businesses not only increase property, sales and bed taxes, but they also provide employment opportunities that support local businesses and the strong residential property values that Newport Beach enjoys. The City Council seeks to promote economic prosperity and growth within the cCity to maintain and enhance a healthy economy, provide revenues for high quality municipal services, and infrastructure maintenance and improvements, and preserve the unique commercial villages in Newport Beach. All of these objectives serve the overriding purpose of protecting the quality of life of Newport Beach residents, and the City Council recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community.

Policy Implementation

The City Manager shall provide an effective and efficient structure for implementing economic programs, utilizing staffing or consulting services in support of annual key directives from the City Council.

History

Adopted G-1 – 10-28-1968 (“Improvement in Govt. Efficiency & Economy) Amended G-1 – 11-12-1968
Amended G-1 – 3-9-1970
Reaffirmed G-1 – 2-14-1972
Amended G-1 – 12-10-1973
Reaffirmed G-1 – 11-11-1974
Adopted F-28 – 3-22-1993 (incorporating G-1, “Economic Development Policy”) Amended F-28 – 1-24-1994 (changed to F-17)
Amended F-17 – 5-8-2001 (changed to K-10)
Amended K-10 – 6-10-2008
Amended K-10– 9-27-2011 (changed to D-9)
Amended D-9 – 8-8-2017
Amended D-9 – 2-24-2026
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1 INCOME AND OTHER PROPERTY

The City owns and manages an extensive and valuable assortment of property including streets, parks, beaches, public buildings and service facilities. The City also owns , or ground leases, and/or operates a yacht basin, resort hotel and apartment property, a luxury residential development , and various other income-producing properties. Much of the income property is tidelands, filled tidelands, or waterfront. The uUnencumbered fee value of income property is substantial.

As owner/manager of property, the City is the steward of a public trust, and Sstate law requires the City to maximize its returns on Sstate-managed property or be subject to a charge of making a gift of public fundsnot protecting the public interest . Nevertheless, the City Council recognizes the importance of this property not only as a revenue generator, but also as a means to provide otherwise financially less feasible uses and facilities that benefit the community.

In managing its property, the City will continually evaluate the potential of all City owned property to produce revenue. This may include leasing or licensing unused land, renting vacant space, and establishing concessions in recreation areas or other similar techniques. The City Council will evaluate the appropriateness of establishing new income- generating opportunities on City controlled areas using sound business principles and after receiving input from neighbors, users and the public.

Subject to limited exceptions, the City is required to comply with the California Surplus Land Act (“Surplus Land Act”) (Gov. Code, §§ 54220-54234) before taking any action to dispose (including the long-term lease and sale) of City property by declaring it either surplus land or exempt surplus land. Under the Surplus Land Act, not every action involving land owned by the City constitutes a “disposition of property,” meaning that not every use or transfer of land automatically triggers the requirements of the Surplus Lands Act. Each real property transaction will require its own analysis to determine whether the Surplus Land Act applies and the steps the City is required to take for compliance, if any.

The policy of the City Council is that income and other property be held and managed in accordance with the following:

A. Whenever a lease, license, management contract, concession , or similar action regarding income property is considered by the City, an analysis shall be conducted to determine if the Surplus Lands Act applies to the transaction, and the maximum or open market value of the property. This analysis shall be conducted using appraisals or other techniques to determine the highest and best use of the property and the highest income generating use of the property.

B. All negotiations regarding the lease, license, management contract, concession, or similar action regarding income property shall include review of an appraisal or analysis of the use being considered for the property conducted by a reputable and independe nt professional appraiser, real estate consultant, or business consultant.

C. The City shall seek, whenever practical and financially advantageous, both in the short and long term, to operate or manage all property and facilities directly with City staff or contractors, provided staff hasve the expertise needed to competently do so, or to oversee the work of contractors. 284
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2 D. In most negotiations regarding the lease, license, management contract, concession, or similar action regarding an income or other property, the City shall seek revenue equivalent to the open market value of the highest and best use; and, whenever practicable the City shall conduct an open bid or proposal process to ensure the highest financial return.

E. However, in some circumstances the City may determine that use of a property by the public for recreational, charitable, or other nonprofit purpose is preferred and has considerable public support, in which case the City may determine that non -financial benefits justify not maximizing revenue from such property. In such circumstances, the City has a vested interest in ensuring that the lessee of such property operates the activities conducted on or from the property in the manner that has been represented to the City throughout the duration of any lease or contract with the City.

F. Whenever less than the open market or appraised value is received or when an open bid process is not conducted, the City shall make specific findings setting forth the reasons thereof. Such findings may include but need not be limited to the following:

1. The City is prevented by tideland grants, Coastal Commission guidelines , or other restrictions from converting the property to another use.

2. Redevelopment of the property would require excessive time, resources, expertise and costs, which would outweigh other financial benefits.

3. Converting the property to another use or changing the operator, manager, concessionaire, licensee, or lessee of the property would result in excessive vacancy, relocation or severance costs, real estate commissions, tenant improvement allowances, expenses , or rent concessions which would outweigh other financial benefits.

4. Converting residential property to another use or opening residential leases to competitive bid would create recompensable liabilities and other inequities for long-term residents.

5. The property provides an essential or unique service to the community , is an essential community asset, or a clearly preferred use that enjoys substantial support in the community that might not otherwise be provided were full market value of the property be required.

6. The property serves to promote other goals of the City such as affordable housing, preservation of open space, uses available to the public, or marine related services.

G. Generally, lengths of licenses, leases, management contracts, concessions, or similar agreements will be limited to the minimum necessary to meet market standards or encourage high quality improvements and will contain appropriate reappraisal and inflation protection provisions. Also, all agreements shall contain provisions to assure complete audits periodically through their terms.

H. All negotiations regarding the license, lease, management contract, concession , or similar action regarding income property shall be conducted by the City Manager or his/her designee under the direction of any appropriate City committees.

I. To provide an accurate accounting of actual net revenues generated by the City ’s income property, all costs directly attributable or allocable to the management of a specific income property shall be charged against the gross revenues collected on that property in the fiscal year the costs are incurred. 285
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3 Costs so chargeable include, but are not limited to, property repairs and maintenance, property appraisals, and consultant fees, as authorized by the City Council, City Manager, or by this Income Property Policy.

J. The City Manager or his/her designee is authorized to sign a license, lease, management contract, concession, or similar agreement or any amendment thereto, on behalf of the City. Notwithstanding the foregoing, the City Manager or his/her designee, or a City Council member, may refer any license, lease, management contract, concession or similar agreement or any amendment thereto, to the City Council for its consideration and/or action. For those agreements where less than the open market or appraised value is received or an open bid process was not conducted, the City Manager shall inform the City Council at least forty -five (45) days prior to extending the term of the agreement.

K. The City’s portfolio of quality income- producing properties adds an element of diversification to a portfolio otherwise invested primarily in financial assets. Certain of those income properties are restricted from sale by their terms of grant, state agency regulations or rules, other federal and state guidelines, private covenant or agreement or otherwise. For those properties not so restricted from sale, an analysis shall be prepared to determine the following prior to such income producing property being offered for sale:

1. The process for complying with the Surplus Lands Act.

1.2. The maximum open market value of the City’s interest in the property in its as is condition.

2.3. If the property is in an important location, a determination of the possible future consequences of the City no longer controlling that property.

3.4. If the current rent is contractually low and significant rent increases are likely within a finite period.

4.5. The likelihood of significant increases in the ability of the property to generate income after the expiration of any current lease of the property.

5.6. The likelihood of a lease extension being requested by the tenant and the ability to substantially increase rents or require significant improvements to enhance the utility and the value of the property as consideration for granting such an extension.

6.7. The value of the revenue stream from (i) lease income over the life of an existing lease and/or (ii) likely lease revenue if an existing lease were to be renewed or the property re -let to a different tenant; and/or (iii) lease income from the property if i t were to be converted to its highest and best use, compared with the financial benefits of the use of the proceeds of a sale and if, considering the totality of the circumstances, such use of the proceeds of a sale is preferable to retaining the property in question.

History

Adopted F-24 – 7-27-1992
Amended F-24 – 1-24-1994
Amended F-7 – 2-27-1995
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4 Amended F-7 – 2-24-1997
Amended F-7 – 5-26-1998
Amended F-7 – 8-11-2009
Amended F-7 – 5-14-2013
Amended F-7 – 2-12-2019
Amended F-7 – 11-14-2023
Amended F-7 – 2-24-2026

Amended F-7
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F-8

1 CITY TRAVEL POLICY STATEMENT

Purpose

To set forth the policy for official City travel for reimbursement of expenses incurred by City Council members, appointed officials, members of special boards, commissions, committees, and employees while traveling overnight on official City business. This policy will not apply for commuter (local) training seminars and local City business expenses, nor is it intended to supersede Police Officer Standard Training reimbursable travel policies established by the State of California or the Newport Beach Police Department.

The governing rule for all City travel expenses will be availability, economy, convenience, and propriety.

Travel Policy

A. The City will provide reimbursement for expenses directly related to attendance at approved conferences, seminars, meetings, and other official functions / purposes.

B. Official travel is planned, approved, and budgeted at the dDepartment level.

C. All official travel must be approved prior to the time of the travel by the Finance Administrative Services Director.

D. The City Manager will adopt and enforce administrative procedures that assure that all City authorized travel is:

1. Paid directly by the City or reimbursed to the traveler based on actual, itemized expenses or should be covered by per diem payment.

2. The City’s per diem rate for Meals and Incidental Expenses (M&IE) will be equal to the U.S. General Services Administration’s (GSA) M&IE rates. (www.GSA.gov).

Procedure

A. Each Department Director will include all planned trips in the dDepartment's annual budget requests. The Travel Authorization Form will be used as a planning/cost estimation guide. For unbudgeted, unplanned travel, the same form will be prepared at the time travel is requested.

B. All requests for travel advances will include the original Travel Authorization Form signed by the Department Director.

C. The Travel Expense Claim Form will be used to file the final travel claim with the Finance Administrative Services Director. A copy of the Travel Authorization Form must be attached.

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2 Special Reimbursement Rules Related to Legislative Bodies Including City Council, Appointed Officials, Members of Special Boards, Commissions and Committees

The California Government Code Section 53232 et seq. provides restrictions on expense reimbursements paid to members of legislative bodies, which include members of the City Council, appointed officials, and members of special boards, commissions and committees created by charter, ordinance, resolution, or formal action of the City Council. Members of a legislative body may only be reimbursed for actual and necessary expenses incurred in the performance of official duties and their travel claims must be accompanied by the receipts documenting each expense.

Continuity of City Government Policy

With the advent of different modes of rapid transportation, there is the possibility of accidents injuring or killing several people simultaneously. Since Council Members are required to attend conferences, conventions, and meetings outside City Hall, it is desirous to require that whenever possible, no more than three members of the City Council use the same transportation at the same time.

When it comes to the Council's attention that a conference, convention, or meeting in which transportation is required, Council Members shall make an efforttry to arrange their itinerary so that no more than three members of the City Council use the same transportation. The City Clerk will be utilized to provide alternate travel arrangements where necessary in order toto comply with this policy.

This policy will help ensure that there will be a continuity of City government and that there is always a majority of Council members capable of fulfilling the responsibilities placed upon them by the City.

In addition, the City Manager, Department Directors and other key personnel should use the same guidelines in traveling separately on official business whenever practicable.

History

Adopted A-2 – 5-13-1963 (“Authorization of Staff Trips”) Amended A-2 – 8-30-1966
Amended A-2 – 11-12-1968
Amended A-2 – 3-9-1970
Amended A-2 – 2-14-1972
Adopted A-11 – 12-10-1973 (“Council Travel)
Amended A-2 – 11-11-1974
Amended A-11 – 11-23-1981
Amended A-11 – 11-28-1988
Adopted F-25 – 6-8-1992 (“City Travel”) (incorporating A-2 and A-11) Amended F-25 – 1-24-1994 (changed to F-8)
Amended F-8 – 2-26-1996

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3 Amended F-8 – 4-23-2002
Amended F-8 – 10-10-2006
Amended F-8 – 8-11-2009
Amended F-8 – 9-27-2011
Amended F-8 – 2-12-2019
Amended F-8 – 5-25-2021
Amended F-8 – 12-9-2025
Amended F-8 – 2-24-2026
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F-14
1 CONTRACT PROCUREMENT AND AUTHORITY TO CONTRACT

Purpose

This policy sets forth requirements for contract procurement and City Council’s delegation of authority for entering into contracts. “Entering into a contract” or “executing a contract” is synonymous with the awarding and signing of a contract and means t he formal approval of the contract terms and intent to be bound thereby. “Contracts” includes all agreements, purchase orders, and purchase requisitions, which is applicable regardless of whether the City is expending or receiving funds. The types of contr acts covered by this policy include, but are not limited to, settlements, right of entry agreements, cost sharing agreements, joint defense agreements, cooperative agreements, reimbursement agreements, grant agreements, professional services agreements, fo rmer employee services agreements , independent instruction and recreation contracts, public works contracts, and “as-needed” or “on-call” services agreements.

Background

The City shall not be bound by any contract or amendment thereto, unless the same shall be made in writing, approved by the City Council or employee designated by the City Council; signed on behalf of the City by (i) the Mayor or by such other employees designated by the City Council, (ii) the City Clerk, and (iii) the City Attorney (Charter § 421). The City Attorney shall approve the form of all contracts made by the City and amendments thereto and all bonds given to the City, endorsing his or her approva l thereon in writing (Charter § 602(e)).

Delegation of Authority to Enter Into and Amend Contracts

The City Council hereby delegates its authority to contract to the City Manager and through him or her to the Assistant City Manager, Department Directors, and to the City Attorney as set out below. The City Manager has final authority to approve any contract within the City Manager’s approval limit.

All formalities required under the provisions of the Charter shall be applied to these contracts.

The City Manager may make exceptions to the City’s standard contract terms, including but not limited to, insurance and indemnification requirements, based on operational considerations and weighing the particular risks involved. When deciding 291
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2 whether to modify standard contract terms, the City Manager shall consult with the City Attorney and Department Directors, as necessary. This authority shall not be delegated below the Assistant City Manager level.

Contracts may not be written to circumvent any of the authority limits described herein.

The City Manager shall, in consultation with the City Attorney, adopt and enforce administrative procedures that ensure: (1) all contracts are entered into at a reasonable, fair and competitive price to the City; (2) all necessary formalities are followed and the requirements of federal, state, and local laws, including Council policies, are met; (3) best accounting practices are followed; and (4) the contracting process of the City is open and transparent, and provides accountability.

A. Authority to Enter into Contracts

The authority to enter into original contracts is delegated as set out below.

1. The City Manager

The City Manager is authorized to execute all contracts without prior Council approval, in an amount that shall not exceed $120,000. For contracts involving expenditure of funds, the services and the funds must have been approved by the City Council as par t of the annual approved budget. Execution of contracts for grants and donations shall be in accordance with City Council Policies F -3, F-25 and B -17. This authority shall not be delegated below the Assistant City Manager level.

2. Department Directors

Department Directors, including the City Attorney and City Clerk, are authorized to execute contracts without prior City Manager or Council approval in an amount not in excess of $75,000. For contracts involving expenditure of funds, the services and funds must have been approved by the City Council or City Manager as part of the annual approved budget. This authority may not be delegated below the Assistant or Deputy Director level. The City Manager has authority to approve requests for budget increases without City Council approval at the level set forth in Policy F-3, Section E-1 (“Administration of the Annual Budget, New Appropriations”).
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3 3. City Attorney

The City Attorney is authorized to execute contracts for all services for outside counsel, investigators, and experts related directly to and necessary for prosecution and defense of pending litigation as defined in the Brown Act, and for services for outs ide counsel, investigators, and experts necessary to address other pending or potential legal claims or legal issues so long as funds for outside counsel, investigators, experts and related legal services were approved by the City Council as part of the ap proved annual budget. The City Attorney shall keep Council informed regarding any such expense that exceeds $120,000 on not less than a quarterly basis and shall seek budget updates, if needed, within a timely fashion. Additionally, the City Attorney shall have authority to enter into contracts to resolve claims, litigation and other legal disputes where the City is receiving or expending an amount not in excess of $75,000.

B. Authority to Amend Contracts

If circumstances arise that were not reasonably foreseeable by the parties at the time of contracting which make extra work or material necessary for the proper completion of the service originally contracted for, a contract amendment and corresponding increase in total contract amount may be necessary. Under those circumstances, the City Manager, Department Directors, City Clerk and City Attorney are authorized to amend contracts as set out below. For purposes of this policy, “total contract amount” is def ined as the total consideration paid over the term of the agreement, including any previous amendments to the contract. “Original contract amount” is defined as either the amount of compensation agreed upon when the contract was first entered into or the amount of compensation most recently approved by the City Council by amendment, whichever is greater.

1. City Manager

Contracts within the City Manager’s Contracting Authority

The City Manager may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the 293
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4 total contract amount as amended does not exceed $120,000 and the term extension does not exceed the maximum allowable contract term.

Contracts approved by City Council

The City Manager may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the total contract amount does not exceed 125 percent of the original contract amount or the original contract amount plus an additional $120,000, whichever amount is less, and the term extension does not exceed the maximum allowable contract term.

2. Department Directors

The Department Director, including the City Clerk and City Attorney, who entered into the contract or whose department is designated as the contract administrator, may execute any contract amendment, including but not limited to amendments to extend the term of a contract, so long as the total contract amount as amended does not exceed $75,000 and the term extension does not exceed the maximum allowable contract term.

3. Amendments in Cases of Possible Work Stoppage or Undesirable Delay

The City Manager is authorized to execute a contract amendment that increases the total contract amount up to 150 percent of the original contract amount in cases where a work stoppage or other undesirable consequence will result if approval of the amendment is delayed until the next City Council meeting. Within twenty -four (24) hours, the City Manager shall notify the City Council Members of any such amendment.

4. Amendments Necessary to Address Emergency Situations

In the event of emergency work requiring an amendment to an existing contract, the emergency contracting policy outlined below may be followed.

Special Requirements

Competitive proposals should be obtained for service contracts whenever possible before resorting to negotiated awards.
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5 A. Professional Services Contracts

Services of a professional nature shall be obtained through a qualifications based selection process based on demonstrated competence and qualifications for the types of services to be performed and with the objective of selecting the most qualified consultant at a fair, reasonable and verifiably appropriate cost.

The procedures for achieving this goal shall be adopted and applied by the City Manager in the Administrative Procedures Manual.

B. Services Contracts (Non-Professional)

The City shall select services contractors though a Request for Proposal (RFP) or a Request for Bid (RFB) process, whichever serves the City’s best interest.

Contracts through the RFB process shall be awarded based solely on pricing and minimum qualificati ons to determine the most responsive and responsible bidder. Contracts through the RFP process shall be awarded based on both qualifications and pricing to determine the best value to the City.

C. Maintenance and Repair Service Contracts

A service contract for maintenance or repair work that is fixed or of a definite nature (not on -call) and over the formal bid dollar amount in Charter Section 1110 must be requisitioned as a formal public works contract. For contracts not exceeding the formal bid dollar amount, the City may select services contractors though the RFP or RFB process, whichever serves the City’s best interest based on the service to be provided.

D. Public Works Contracts

Contracts for public works where the total expenditures for the project exceed the formal bid dollar amount shall be awarded consistent with the provisions of Charter Section 1110 and relevant provisions of the California Public Contract Code.

E. Procurements and Contracts Involving Federal or Pass-Through Funding

Procurements expending funds from federal grants or awards received directly by the City or from a pass-through agency, such as the State of California, must comply with the provisions of Title 2 of the Code of Federal Regulations (“CFR”) 295
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6 Sections 200.318 through 200.326. To ensure the City’s adherence to the Federal guidelines related to these procurements and contracts, the City Manager has adopted procurement procedures for such projects in the Administrative Procedures Manual.

F. Independent Instruction and Recreation Contractors

Department Directors are authorized to execute contracts with independent contractors for instructional, educational, cultural, or recreational purposes (“Instruction and Recreation contracts”) where the fees paid by the City are based upon either a percen tage of fees collected by City for a program or on a flat rate basis for tasks performed by the contractor.

Instruction and Recreation contracts shall not exceed five (5) years in duration and shall include a termination clause granting the City the right, at its sole discretion and with or without cause, to terminate the contract at any time by giving seven (7) calendar days’ prior written notice.

Should fees paid under an Instruction and Recreation contract exceed $75,000 during the term of the contract, the Department Director shall provide written notice to the City Manager identifying the program and independent contractor.

The City Manager shall give written notice to the City Council should fees paid exceed $120,000.

G. On-Call Contracts for Services (Professional or Non-Professional)

The City Manager and Department Directors are authorized to enter into on-call (“as-needed”) agreements for obtaining services, including but not limited to professional services and maintenance and repair services, where the need for services is contingent, does not have a set timeframe, or where the size of the job does not warrant the expense of entering into individual agreements for each service.

On-call services contracts shall not exceed five (5) years and shall include a termination clause granting the City the right, at its sole discretion and with or without cause, to terminate the contract at any time by giving prior written notice of seven (7) calendar days. The City Manager is authorized to extend an on-call services contract for up to six (6) months if work has been authorized or encumbered during the initial term but not completed.

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7 City Council approval is required for: (1) an on -call contract that exceeds $120,000, and (2) on -call contracts to multiple contractors stemming from a single procurement where the combined amount of the contracts exceeds $120,000.

On-call contracts may not be used to perform maintenance or repair work in contravention of Charter Section 1110. For example, a project, task, job, or work order in an amount in excess of the formal bid dollar amount in Charter Section 1110 cannot be perf ormed under an on -call maintenance or repair services contract but must be requisitioned as a public works project.

H. Emergencies

Services contracts obtained for purposes of responding to an emergency (as defined in Newport Beach Municipal Code Section 2.20.020) that exceed the signing authority of the City Manager or Department Director as authorized in this policy shall be brought to the City Council at its next regularly scheduled meeting for review and authorization.

I. Contracts with Former Council Members and City Employees

City Council approval is required for the following when not more than five (5) years have passed since a person who is a former Council Member or City employee has left service with the City:

1. All professional services contracts with former Council Member or City employees;

2. All professional services contracts with a corporation or other business entity owned or operated by a former Council Member or City employee or that employs a former Council Member or City employee.

J. Exceptions to Competitive Procurement Requirements

Certain commodities and service types are unique or otherwise not amenable to traditional procurement and bidding procedures. The City Manager shall prescribe in the Administrative Procedures Manual alternative procedures and methods for the procurement of such items, e.g. cooperative agreements and piggyback agreements, and ensure that the pricing involved in the procurements is competitive to the greatest extent possible.

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8 General Procedures

A. Contract Retention

The City Clerk shall retain all original executed contracts in accordance with the City’s current adopted Records Retention Schedule. Contracts shall be posted into the City’s electronic document database in order to maintain transparency in contracting.

B. Insurance

All contracts shall be accompanied by proof of the appropriate level of insurance at the time of execution. The insurance level required shall be in accordance with the City’s published Contract Templates (or as otherwise approved by the City Manager or City Attorney).

C. Reporting

At least once annually, the City Manager shall report to the Council the summary of all contracts entered into by the City Manager and Department Directors. The summary shall include the vendor, the department responsible that will oversee the contract, th e purpose of the contract, and the contract amount.

D. Consumer Price Index Adjustment

Beginning July 1, 2026, and on the anniversary date each year thereafter , the dollar amounts set forth in this policy , as previously adjusted, shall increase, but not decrease, based on the change in the Consumer Price Index. Each annual adjustment shall be applied cumulatively to the dollar amounts in effect immediately prior to the adjustment. The increase to the amount s set forth in this policy shall be determined by calculating the percentage change from March of the prior year to March of the current year. The adjusted amount shall be rounded up to the nearest $1,000.00. As used herein, the term “Consumer Price Index” means the Los Angeles-Long Beach-Anaheim, California Area, All Urban Consumers, All Items, Base Period (1982 -84 = 100), or successor index, as published by the United States Department of Labor, Bureau of Labor Statistics.

This subsection shall not apply to Public Works Contracts, which are governed by Charter Section 1110.

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9 Future Amendments to Policy

Any future changes in the provisions of this policy shall be made by resolution of the City Council.

History

Adopted F-14 – 09-22-1969 (Purchase Authority for Goods & Materials) Reaffirmed F-14 – 03-09-1970
Reaffirmed F-14 – 02-14-1972
Amended F-14 – 11-11-1974
Amended F-14 – 11-24-1975
Amended F-14 – 12-08-1975
Amended F-14 – 11-24-1986
Amended F-14 – 05-26-1987
Adopted F-14 – 01-24-1994 (new F-14) (Authority for Contracts) Amended F-14 – 01-24-1994 (old F-14) (changed to F-5)
Amended F-5 – 02-26-1996
Amended J-1 – 11-10-1997 (Contracts with Former Employees) Amended J-1 – 03-09-1998
Amended J-1 – 03-22-1999 (changed to F-20)
Amended F-5 – 03-14-2000
Amended F-20 – 04-08-2003
Amended F-14 – 04-13-2004
Amended F-5 – 11-22-2005
Amended F-14 – 05-09-2006
Amended F-14 & F-5 – 01-25-2011
Amended F-14 – 05-12-2015
Amended F -14 – 02-23-2016 (incorporating F -5 & F -20 and renaming “Authority to Contract”)
Amended F-14 – 06-26-2018
Amended F-14 – 02-12-2019
Amended F-14 – 12-13-2022
Amended F-14 – 12-09-2025
Amended F-14 – 02-204-26

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1 F-27

POLICY AND PROCEDURES FOR CITY DISTRIBUTION OF TICKETS OR PASSES

Background

The Newport Beach City Council, Boards, Commissions , and officials are subject to certain laws and regulations pertaining to gifts. The Fair Political Practices Commission ("FPPC") enforces the provisions of the Political Reform Act contained in Government Code Section 81000 et seq., as well as the regulations contained in Title 2, California Code of Regulations, Sections 18110 et seq.

Purpose

The City strives to provide impartial and high quality high-quality services to its residents, businesses, and visitors. The receipt by City officials of gifts or other items of value can be perceived as
attempts to influence City operations and the City wishes to avoid any appearance of impropriety or favoritism.; h. HoAdditionally, however, City official attendance at public events is necessary to achieve the goals of governance, both to promote the policies of the City and to maintain close contact with the citizens and interest groups within the cCity. This pPolicy outlines a fair and impartial procedure for the disposition of tickets or passes by the City in furtherance of a governmental purpose. It implements the directives of FPPC regulations and establishes procedures as required by Title 2, Division 6, Chapter 9.5, Section 18944.1 of the California Code of Regulations, for the acceptance and distribution of tickets or passes by the City. This Policy also ensures that tickets or passes distributed by the City are disclosed upon the required FPPC forms.

Application of Policy

This policy applies to tickets or passes which provide admission to a facility or event for an entertainment, amusement, recreational , or similar purpose, and are either: gratuitously provided to the City by an outside source; acquired by the City by purchase; acquired by the City as consideration pursuant to the terms of a contract; or acquired and distributed by the City in any other manner.

Tickets or passes shall be distributed under this Ppolicy at the sole discretion of the City pursuant to this Policy. Tickets or passes distributed under this Ppolicy shall not be earmarked for distribution to a City Official or person by any outside source.

A ticket or pass may only be distributed by the City under this Ppolicy if it serves a public purpose as set forth below. If the ticket or pass does not serve a public purpose , it shall be returned to its source or shall be given to an active 501(c)(3) non -profit, charitable organization that does business within the cCity. The Ticket Administrator shall make the necessary determinations under this Policy.

This policy does not apply to any other item of value provided to the City or any City Official, regardless of whether it is received gratuitously or for which consideration is provided.

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2 I. DEFINITIONSDefinitions

A. Unless otherwise expressly provided herein, words and terms used in this policy shall have the same meaning as those ascribed to such words and terms in the California Political Reform Act of 1974 (Government Code Sections 81000, et seq. , as the same may from time to time be amended) and the FPPC Regulations (Title 2, Division 6 of the California Code of Regulations, A. Sections 18110 et seq. , as the same may from time to time be amended). Unless otherwise provided herein, words and terms used in this Policy shall have the same meaning as that contained in the Political Reform Act of 1974 and the FPPC Regulations, as the same may be from time-to-time amended.

B. "Beneficial use for official City business" means a use that will further a legitimate City purpose and assist the City in carrying out its mission, programs or goals.

Beneficial uses include those governmental purposes set forth in Section II, Policy Pertaining to Tickets and Passes, below. Where not specifically listed, beneficial uses are to be determined on a case-by-case basis.

B. "City Manager" means the City Manager or his/her designee.

C.

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3 "City Official" means City Council Members, the City Manager, Assistant City Manager, City Attorney, City Clerk, and Department Heads.means any City elected official, appointed official, or person
designated in the City's Conflict of Interest Code.

E. “Immediate family” means and includes a spouse and dependent children.

C.

D. "Gift" means anything of value, including meals, for which the recipient has not provided equal or greater value in return. A gift includes a rebate or discount in the price of anything unless the rebate or discount is made in the regular course of business to members of the public. A gift does not include de minimis gifts of food or incidental items, such as snacks, pens, etc., so long as the cumulative value of such gift does not exceed $50 in a calendar year from any one source. A gift does not include a ticket or pass subject to Section II, Policy Pertaining to Tickets or Passes, as set forth below.

E. "In the course of official City duties" means pursuant to a person's City job responsibilities, or because of a person's City position.

F. "Pass" means a ticket that provides repeated access, entry or admission to a facility or series of events and for which similar passes are sold to the public.

G.

F. "Ticket" means anything that provides access, entry, or admission to a specific future event or function and for which similar tickets are sold to the public to view, listen to, or otherwise take advantage of the attraction or activity for which the ticket is sold and includes any benefits the ticket provides. As used herein, a “ticket” includes any pass.

II. POLICY PERTAINING TO TICKETS OR PASSES

General Provisions

A. No Right to Tickets: The use of complimentary tickets is a privilege extended by the City and not the right of any person to which the privilege may from time to time be extended.

B. Limitation on Transfer of Tickets : Except as expressly set forth herein, t ickets distributed to a pursuant to this policy shall not be transferred to any other person other than: an immediate family member for personal use; or a single guest of the attendee.

C. Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who receives a ticket pursuant to this policy shall sell or receive reimbursement for the value of such ticket.

D. No Disproportionate Use: The disproportionate use of tickets by a City Official is prohibited.

Ticket Administrator

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4 A. The City Manager shall be the Ticket Administrator for purposes of implementing the provisions of this Ppolicy.

B. The Ticket Administrator shall have the authority, in his/her sole discretion, to establish procedures for the distribution of tickets in accordance with this policy. All requests for tickets which fall within the scope of this Ppolicy shall be made in accordance with the procedures established by the Ticket Administrator.

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5 C. The Ticket Administrator shall determine the face value of tickets distributed by the City for purposes of this Ppolicy.

D. The Ticket Administrator, in his/her sole discretion, may revoke or suspend the ticket privileges of any person who violates any provision of this Ppolicy or the procedures established by the Ticket Administrator for the distribution of tickets in accordance with this Ppolicy.

Conditions Under Which Tickets May be Distributed

A. Subject to the provisions of this Ppolicy, complimentary tickets may be distributed to City Officials, or at the behest of a City Official, under the following conditions:

1. The City Official Reimburses the City for the face or fair value of the ticket(s), whichever is applicable. Reimbursement shall be made at the time the ticket (s) is distributed to the City Official.

2. The City Official treats the ticket(s) as income consistent with applicable federal and state income tax laws.

3. The City Official uses, or behests, such tickets to accomplish one or more of the following public purposes:

(a) Performance of a ceremonial role or function representing the City at the event.

(b) The job duties of the City Official require his or her attendance at the event.

PPromotion of local and regional businesses and economic development wwithin the City, including, but not limited to, conventions, and conferences
(c) and annual meetings;.

(d) Promotion of City-controlled or sponsored events, activities or programs.

(e) Marketing promotions that highlight the achievements of residents and businesses.

(f) Promotion of marketing of private facilities available for City resident use, including charitable and nonprofit facilities.

(g) Promotion of public facilities, landmarks, special events, and community events.

(h) Intergovernmental relations purposes, including but not limited to attendance at an event with or by elected or appointed public officials from other jurisdictions.

(i) Attracting or rewarding volunteer public service.

(j) Exchange programs with foreign officials and dignitaries.

(k) Supporting and/or showing appreciation for programs or services rendered by non- profit organizations benefiting Newport Beach residents.

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6 (l) Encouraging or rewarding significant academic, athletic, or public service achievements by Newport Beach students, residents, or businesses.

(m) Attracting and retaining highly qualified employees in City service.

(n) As special recognition or reward for meritorious service by a City employee.

(o) For use in connection with a City employee competition or drawing.

(p) Recognition of contributions made to the City by former City Council Members or City Council appointees.

(q) Special outreach or support programs for active military, veterans, teachers, emergency services, medical personnel, and other civil service occupations.

(a) Any purpose similar to above included in any City contract.

A. Public Purpose.

1. Attendance at functions within the City and functions otherwise relevant to the performance of City business that assist the City in carrying out its mission, programs or goals are reasonably necessary for accomplishing the legitimate purposes of City government. The City actively supports
various philanthropic, cultural, civic, and business development organizations and programs within the City and throughout Orange County. City Official attendance at such functions support legitimate public purposes pursued by the City. Therefore, a ttendance at all such functions are considered to accomplish the public purposes of city governance consistent with state law and specifically Title 2, Division 6, Chapter 9.5, Section 18944.1 of the California Code of Regulations.

2. Examples of legitimate public purposes accomplished by the distribution of tickets or passes pursuant to this Policy include, but are not limited to, the following:

• Promotion of local and regional businesses and economic development within the City, including conventions, conferences and annual meetings;
• Promotion of City-controlled or sponsored events, activities or programs; • Promotion of community programs and resources available to City residents, including nonprofit organizations and youth programs;
• Marketing promotions highlighting the achievements of local 305
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7 residents and businesses;
• Promotion of marketing of private facilities available for City resident use, including charitable and nonprofit facilities; • Promotion of public facilities available for City resident use; • Promotion of City growth and development, including economic development and job creation opportunities;
• Promotion of City landmarks and/or community events;
• Promotion of special events in accordance with any City contract; • Exchange programs with foreign officials and dignitaries; • Promotion of City recognition, visibility and/ or profile on a local, state, national or worldwide scale;
• Promotion of open government by City official appearances, participation and/ or availability at business or community events;
• Sponsorship agreements involving private events where the City specifically seeks to enhance the City's reputation both locally and regionally by serving as hosts providing the necessary opportunities
to meet and greet visitors, dignitaries, and residents; • All written contracts where the City, as a form of consideration, has required that a certain number of tickets or passes be made available for its use; • Employment retention programs;
• Special outreach or support programs for active military, veterans, teachers, emergency services, medical personnel and other civil service occupations;
• Charitable 501(c)(3) fundraisers for the purpose of networking with other community and civic leaders or; and
• Any purpose similar to above included in any City contract. 306
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8 B. Tickets distributed to a City Official or City employee for a public purpose set forth above may only be distributed to : the City Official or City employee and their family members; or City Official or City employee and one guest. 3. If a particular event for which tickets or passes are distributed by the City
does not fall under one of the above express categories, it shall be considered to fulfill the public purposes of this Policy if it achieves the general policy set out in Section 1 above as determined on a case -by-case basis.

Distribution of Tickets or Passes by the City.

A. City Officials shall have authority to request tickets from the Ticket Administrator.

B. Ticket requests do not guarantee ticket distributions. The Ticket Administrator is responsible for selecting recipients to receive tickets.

C. Tickets distributed pursuant to a City Official’s request are distributed at the behest of that City Official for FPPC reporting purposes. If tickets are distributed at the behest of a City Official, such City Official shall not use one of the tickets to attend the event.

Reporting Obligations

A. The Ticket Administrator shall manage the receipt, distribution , and accounting for all tickets or passes subject to this Policy.

B. The Ticket Administrator shall be responsible for completing or having the City Clerk complete the FPPC Form 802 for each distribution to a City Official, or made at the behest of a City Official, and complying with the posting requirement s. The City Clerk shall maintain a completed Form 802 for not less than four (4) years, or other period as specified in any applicable FPPC Regulation. If the ticket or pass is distributed to a department or other unit of the City, and not a City Official, the City may report the name of the department or other unit of the agency receiving the ticket or pass and the number of tickets or passes provided to the department or unit in lieu of reporting the name of the individual employees.

C. The Tic ket Administrator shall be responsible for providing information regarding recipients as required by the Office of the Comptroller for tax reporting purposes.

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9 D. The City Clerk shall cause this policy to be posted on the City website and shall see to it that the most current version of this policy is available in a prominent fashion on the City website. The City Clerk shall
send, via email, to the Fair Political Practices Commission the City’s website link that displays this policy so that the Commission may post the website link.

3. Where a ticket or pass is received by the City from an outside source for distribution to City Officials, the distribution of the ticket or pass shall be made consistent with this Policy.

4. Tickets or passes shall be distributed under this Policy at the sole discretion of the City pursuant to this Policy. Tickets or passes distributed under this Policy shall not be earmarked for distribution to a City Official or person by any outside source.

5. A ticket or pass may only be distributed by the City under this Policy if it serves a public purpose as defined above. If the ticket or pass does not serve a public purpose it shall be returned to its source or shall be given to an active 501(c)(3) non -profit, charitable organization that does business within the City. The City Manager shall make the necessary determinations under this Policy.

6. Except as provided in Section II, D2, of this Policy, once received, tickets distributed pursuant to this policy shall be distributed by the City Manager on a first -come first -serve basis, in a manner that is consistent with this Policy and with the restrictions set forth herein.

7. Any tickets or passes that are not distributed pursuant to this Policy shall be returned to the source of the tickets or passes or distributed to a 501(c)(3) non-profit, charitable organization that does business within the City.

B. Responsibilities of City Manager and City Clerk.

1. The City Manager shall manage the receipt, distribution and accounting for all tickets or passes subject to this Policy.
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10 2. Upon distribution of a ticket or pass pursuant to this Policy, the City Manager shall either complete FPPC Form 802, Tickets Provided by Agency Report, or provide sufficient information to the City Clerk so that the Clerk may complete the form.

3. No later than thirty (30) calendar days from the distribution of the ticket or pass or approval of this Policy, whichever date last occurs, the City Clerk, shall post the FPPC Form 802 on the City website.

4. The City Clerk shall maintain a completed Form 802 for not less than four (4) years, or other period as specified in any applicable FPPC Regulation.

5. The City Clerk shall cause this Policy to be posted on the City website as soon as reasonably possible after its adoption and shall see to it that the most current version of this Policy is in a prominent fashion on the City website as soon as reasonably possible.

C. Other Provisions.

1. A. A City Official may return any ticket or pass unused to the Ticket Administrator for redistribution pursuant to this Policy. A City Official may return any ticket or pass unused to the City Manager
for redistribution pursuant to this Policy.

2. Only a City Council Member and the City Manager may request distribution of a ticket or pass to a particular person and such distribution must accomplish a public purpose set forth in
Section II(A). All other recipients shall be determined by the City Manager pursuant to procedures established by this Policy.

D. Restrictions.

Tickets or passes distributed to a City Official pursuant to this Policy shall not be:

1. Transferred to any other person, except to members of the official's immediate family or no more than one guest solely for their attendance at the event;

2. Sold or exchanged for any consideration; or
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11 3. Disproportionately used by a member of the City Council, political appointee, department head, or the City Manager.

E. Tickets or Passes Distributed Pursuant to this Policy Not Reportable on FPPC Form 700.

B. If a ticket or pass is distributed pursuant to this Policy, it shall not be considered a gift to the recipient and shall not be reportablereported as a gift on FPPC Form 700.

F. Tickets or Passes Not Distributed Pursuant to this Policy include, but are not limited to:

1. An admission identified in California Code of Regulations, Title 2, Division 6, Chapter 9.5, Section 18942(a)(13) relating to a City Official performing a ceremonial role;

2. A ticket or pass that qualifies as taxable income to the City Official; or

3. If the City Official reimburses the City for the ticket or pass within thirty (30) days of receipt of the ticket or pass.

History

Adopted A-8 - 03-09-1970 (Comp Balboa Bay Club Cards)
Reaffirmed A-8 - 02-14-1972
Amended A-8 - 12-10-1973
Amended A-8 - 11-11-1974
Amended A-8 - 02-23-1981
Adopted F-27 - 06-23-2009 (unknown when A-8 no longer in use) Amended F-27 - 05-12-2015
Amended F-27 - 09-10-2019
Amended F-27 - 02-24-2026
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G-1

1 RETENTION, REMOVAL, AND MAINTENANCE OF CITY TREES
Purpose
Goal of Policy

To establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest with an inventory that the City can reasonably maintain in a healthy and safe condition through the efficient use of City resou rces. To require that in approving any tree removal or reforestation request, the Parks, Beaches and Recreation Commission ("Commission") shall find that the tree removal request will not adversely impact the overall inventory, diversity and age of the City's Urban Forest. To educate the public of the protections of the City’s Urban Forest and guide, in a user -friendly way, the mechanisms in place for tree replacements.

With the passagePurpose

The purpose of time, adjustments in the City’s tree inventory may be necessary. Therefore, this policy is to establish also establishes definitive standards for the retention, removal, maintenance,and reforestation, tree trimming standards, and supplemental trimming of City trees. City trees are an important part of the character and charm of the entire City and provide environmental benefits as well. Regular care , trimming, root pruning, maintenance, and programmed replacementreplacements are necessary to preserve this charm while at the same time protecting public views consistent with City Council Policy G-3, providing personal safety, and preventing public and private property damage and providing a sustainable urban forest.

I. DEFINITIONS
A. “Commission” is defined as the Newport Beach Parks, Beaches and Recreation Commission.

B. “Diseased” or “Diseased tree” is defined as a tree that cannot be cured by current arboricultural methods, in an advanced state of decline, and has no prospect of recovery.

C. “Dying” or “Dying tree” is defined as a tree that have no prospect of recovery.

D. “Hazardous” or “Hazardous tree” is defined as a tree that is defective, has a potential to fail, and would cause damage to persons and property upon failure.

E. “Problem Tree" is defined as a tree that by virtue of its species is known to cause excessive hardscape or utility damage due to its excessive root system.

The City classifies publicfollowing trees are defined as Problem Trees:

1. Ficus nitida (Indian Laurel Fig)

2. Ficus rubiginosa (Rusty Leaf Fig)
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2 3. Ficus benjamina (Weeping Fig)

4. Fraxinus uhdei (Shamel Ash)

5. Cupaniopsis anacardioides (Carrotwood)

6. Liquidambar styraciflua (American Sweet Gum)

7. in one of three categories:Schinus terebinthefolius (Brazilian Pepper)

8. A tree that the City Arborist determines is infested with Tuliptree scale (Toumeyella liriodendri)

9. A City Tree that causes the private property owner to lose their fire insurance.

Problem Trees exclude City parkway trees on the Street Designation Tree List of City Council Policy G-6 unless they are Special City Trees, Problem City Trees, and Trees.

A. “Reforestation” when initiated by the City is defined as the concept of systematically replacing Problem or Standard City Trees.Trees which are creating hardscape and/or view problems and cannot be properly trimmed, pruned or modified to alleviate the problem(s) they create; or those which have reached their full life and are declining in health; or are simply the wrong species of trees for the planted location. When initiated by a homeowners’ association or property owner, reforestation is otherwise defined as an appeal.

I. SPECIAL CITY TREES
F. It is the City's policy to retain “Special City Trees ("Special Trees") categorized as Tree” is defined as a Landmark, Dedicated, or Neighborhood trees, because they have tree, that has historical significance, and/or contributecontributes to, and givegives character to, a location or to an entire neighborhood. A Landmark, Dedicated, and Neighborhood treestree are identified by species in Exhibit A and shall hereinafter be collectively referred to as Special Trees. Trees within these three (3) categories shall be identified, mapped, recorded and administered by staff for the Commission. When staff proposespropose modifications, the Commission shall review the Special Tree list and forward recommendations for additions or deletions to the City Council for approval.

1. Landmark Trees are identified as those individual Special Trees that possess historical significance by virtue of their size, age, location, or species.

2. Dedicated Trees are Special Trees donated in the memory of specific individuals or organizations. Updates will be made annually to the City tree inventory system that correspondcorresponds to the amended B-17 Policy: Parks, Facilities, and Recreation Program Donations. Exhibit A of this Policy will be updated annually to reflect updates.

3. Neighborhood Trees are Special Trees that by their unusual size, number, species, or location lend a special character to a residential, commercial, or business area.

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3 G. All “Standard City Tree” is defined as a tree that is located on City real property (parkways, parks, other City -owned property) and not designated as a Special or Problem Tree.

II. BASIS TO REMOVE A CITY TREE

A. Dead, diseased or dying trees. The tree is dead, diseased or dying as those terms are defined above or is subject to imminent tree failure.

B. Impact on Infrastructure. The tree is impacting infrastructure based on the criteria set forth below.

C. Beautification or Capital Improvement Projects . Standard, Special, and/or Problem Trees shallmay be retained unless there are overriding problems which will require theirconsidered for removal such as death, disease, interference with infrastructure, or the creationin conjunction with a City Council -approved beautification project or capital improvement project.

D. Development Projects. Approval of a hazardous situation. Prior to considering the an encroachment or demolition permit that requests removal of any Special Tree(s), a tree in conjunction with a commercial, residential or other development project.

E. Departmental Determination. The City Manager, upon the advice of the Municipal Operations Director, or designee, City Attorney, or Traffic Engineer, shall have the authority to remove individual Problem or Standard Trees to resolve claims or safety issues.

Notwithstanding the foregoing, excessive leaves, fruit, flowers, petals, bees, birds, and other animals, or insects shall not constitute a finding for removal of a tree covered by this policy.

III. PROCESS FOR REQUESTS FOR REMOVAL OF A CITY TREE
The Municipal Operations Department, homeowners’ association or private property owner may request removal of a City Tree. A homeowners ’ association or private property owner may initiate the process for removal by submitting an application to the City Clerk, utilizing the City Tree Removal form available on the Municipal Operations Department website:
https://www.newportbeachca.gov/government/departments/municipal-operations and paying the applicable fee as set by resolution of the City Council.

A. Tree Removal Reports. After receiving the application, the City Arborist shall prepare a the following reports and analysis for the removal of a Standard, Special or Problem Tree:

1. Tree Inspection Report , with a Tree Risk Assessment, identifying and implementing specific that explains why tree removal is necessary, which may 313
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4 include, but is not limited to: structural defects of the tree, parts of the tree most likely to fail, targets where imminent personal injury or property damage may result from tree failure. For Special Trees, a Tree Removal Review will also be prepared.

2. A mitigation analysis to determine whether mitigation measures may be implemented to retainmaintain the tree(s). provided the costs are reasonable.

3. Performance of a Level 2: A Basic Tree Risk Assessment (“Level 2 Risk Assessment”) for requests to remove based on a hazard, the Level 2 Risk Assessment should identify structural defects of the tree, parts of the tree most likely to fail, targets where imminent personal injury or property damage may result with tree failure, and determine whether mitigation measures will eliminate the hazard.

4. For Landmark Tree(s), thea Tree Risk Assessment shall include that includes a Level 3 Testing: Advanced Techniques shall be prepared to confirm the presence of any potential risks, unless waived by the City Council in advance.. Where Tree Risk Assessment and Level 3 Testing: Advanced Techniques are required, the full costs of such testing and associated report will be the sole responsibility of the applicant., whether that be the City, a homeowners’ association or property owner.

B. Standard City Trees.

1. Upon completion of the above reports for a Standard Tree, the City Arborist shall make a recommendation to the Landscape Manager, or his/her designee as to whether findings for removal set forth in Section IV (Findings Required for Removal of a City Tree) can be made . If the specific mitigation measures are unsuccessful or impractical in retaining a tree(s), then a full staff report shall be made to the Manager approves removal of the tree, the City shall provide notice in accordance with Section VII (Notifications) prior to removal of the tree.

2. If the Manager determines the application does not meet the findings set forth in Section IV (Findings Required for Removal of a City Tree ), the application is denied and the applicant may appeal to the Commission in accordance with Section VI (Reforestation/Appeals).

C. Special City Trees

1. The homeowners’ association or private property owner shall provide the Homeowners Association Board approval or Petition, respectively, as provided in Section VI(A) (Appeal of Standard or Problem Trees or Requests for Removal of Special Trees).

Upon receipt of the board approval or requisite signatures and completion of the above required Tree Removal Reports, except in the case of an emergency, the City Arborist shall publish notice of the hearing in accordance with Section VII 314
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5 (Notifications) and agendize the Special Tree removal request for a hearing before any further action considering removal is taken. the Commission to determine whether findings can be made for removal of the tree. The reports shall also be provided to the Councilperson of the district in which the Special Tree is located.

Prior to any removal of Special Tree(s), the City must comply with the noticing and appeal provisions set forth in Section IV.A (Removal of Special City Trees), unless a Special Tree is considered so hazardous as to necessitate an emergency removal. In the case of a dead tree or in an emergency removals,, once a recommendation to remove a Special Tree is made by the City Arborist to the Landscape Manager, or the City Arborist shall havedesignee, and the authority to directManager agrees with the removal of a hazardousrecommendation, the City may immediately remove the tree.

2. After holding the hearing and considering all evidence, the Commission shall approve or deny the application for removal. The Commission shall be the final decision-making authority.

D. Problem Trees

1. Upon completion of the above reports for a Problem Tree, the City Arborist shall make a recommendation to the Landscape Manager, or his/her designee as to whether findings for removal set forth in Section IV (Findings Required for Removal of a City Tree) can be made. If the Manager approves removal of the tree, the City shall provide notice in accordance with Section VI I (Notifications) prior to removal of the tree.

2. If the Manager determines the application does not meet the findings set forth in Section IV (Findings Required for Removal of a City Tree ), the application is denied and the applicant may appeal to the Commission in accordance with Section VI (Reforestation/Appeals).

IV. FINDINGS REQUIRED FOR REMOVAL OF A CITY TREE
City Trees may be removed in each of the following circumstances if the tree removal request will not adversely impact the overall inventory, diversity and age of the City's Urban Forest.

Notwithstanding the foregoing, excessive leaves, fruit, flowers, petals, bees, birds, and other animals, or insects shall not constitute a finding for removal of a tree covered by this policy.

City Trees may be removed if a t least one of the following findings are made based on the Tree Removal Reports:

A. Hazardous (Standard, Special and Problem Trees) – As to Standard, Special, and/or Problem Trees, the City Arborist has determined that the tree is dead, diseased, dying, or hazardous as those terms are defined above.

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6 B. Impact On Infrastructure (Standard, Special and Problem Trees) – The Standard, Problem or Special Tree has a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, street or sidewalk drainage, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from City tree roots and causes significant public or private property damage (greater than $ 1,000.00) may be sufficient criterion for tree removal.

C. Problem Trees that are not designated as Special Trees may be removed if any of the following findings are made:

1. The tree creates, in the opinion of the City Arborist, a view impediment that cannot be resolved by normal nor alternative tree trimming procedures;

2. The tree ha s a repeated history of significant documented private property damage (greater than $1,000) due to Tuliptree scale ( Toumeyella liriodendri ) infestastion; or

3. Maintaining the City Tree jeopardizes the property owner ’s homeowner’s insurance.

D. Beautification or Capital Improvement Projects (Standard, Special and Problem Trees) – Removal of the tree is required in conjunction with a City Council -approved beautification project or capital improvement project.

E. Development Projects Requiring an Encroachment and/or Demolition Permit (Standard and Problem Trees) – The project plans including construction plans demonstrate that the City tree must be removed in conjunction with the project.

F. Departmental Determination - The City Manager, upon the advice of the Municipal Operations Director, City Attorney, or the Traffic Engineer, finds that removal of an individual Problem or Standard Trees is necessary to resolve claims or safety issues.

V. STANDARD CONDITIONS AND OTHER RELATED REQUIREMENTS

In the event of tree removal, the following serve as standard conditions for replacement.

The City will replace all trees removed in accordance with Council Policy G-6. If 36-inch boxed trees are not available or if funding or space constraints prevent planting of a 36 - inch boxed tree, then the largest tree available for the space available will be planted.

A. Long term, most trees reach maturity and decline, and The full costs of removal and replacement of all City Trees will be the sole responsibility of the City, unless it is a Reforestation set forth in Section VI , or Problem Trees related to views and/or that jeopardizes a property owner’s homeowners’ insurance, or an applicant voluntarily pays for a new tree. Additionally, if an applicant desires to upgrade to a box size 316
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7 larger than a 36 -inch box as a replacement (if available), then he/she will be responsible for the difference in price.

B. Special Trees will be replaced one -for-one with the same species or the closest equivalent wherever possible whenever practical . An alternate species may be recommended by Staff if the same species is unavailable and will be subject to approval by the Commission . detailing the necessity of removal and any specific previous treatment of the tree.

Private Property Development Projects. All encroachment permits (permits for private property development which are proposed to install improvements in the City right of way) or demolition permits that involve the removal or replacement of City tree(s) must be specifically noticed by the proper ty owner to City staff prior to the building and/or demolition process. The proposed construction plans must indicate preservation of existing City trees wherever possible (except trees that are dead, dying, or in an advanced state of decline).

C. If the Standard or Problem Tree removal is approved in conjunction with a private development project, the property owner shall pay for all related tree removal and one-for-one replacement costs and meet all provisions of City Council Policies L-2 and L-6 and City Municipal Code Sections 13.08 and 13.09, or any successor policies or sections.

D. Other Requirements for Problem Trees.

1. No more than fifty (50) Problem Trees may be removed per year by staff under the above criteria without special approval of the Commission. If there are no removal criteria other than it being a Problem Tree species, then no more than one of three problem parkway trees in a continuous row may be removed in a one-year period unless part of a reforestation is approved by the Commission.

2. The City Arborist shall report the removal of Problem Trees under the above criteria monthly to the Commission.

3. The cost to remove and replace Problem Trees will be the sole responsibility of the City based on funding, availability, and growth space, except for removals related to views and/or that jeopardizes a property owner’s homeowners insurance.

E. Additional Considerations to Retain or Remove a Special Tree. . During normal sidewalk, curb, and street repair activity requiring root pruning , all steps shall be taken to retain Special Trees. If tree roots are to be pruned in association with sidewalk, curb, and gutter improvements , sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of a Special City Tree's roots are to be pruned, one side should be pruned at minimum two (2) years in advance of the other side depending upon the species and other related factors. If root pruning methods are not practical and/or critical to the health of the 317
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8 tree, then alternate or special hardscape improvements should be considered by the City in order to retain the tree providing that these measures are practical, costs are reasonable, and that they comply with Americans with Disabilities Act (ADA) standards. All proposed root pruning or other tree treatment shall be evaluated and approved by the City Arborist.

Additionally, if steps taken for Special City Trees may be considered for removal in conjunction with a City Council -approved beautification project utilizing under the Removal of City Trees procedures as noted in Section IV.A. of this Policy.

II. PROBLEM CITY TREES
A Problem provision above are proven to be impractical, the Special City Tree ("Problem Tree") is defined as a tree that by virtue of its species is known to cause excessive hardscaperemoval request shall go through Reforestation.

VI. REFORESTATION/APPEALS
An appeal otherwise known as an application for Re forestation may be initiated by a Department, homeowners’ association or utility damage due to its excessive root system.

The following trees are defined as Problem Trees:

•1. Ficus nitida (Indian Laurel Fig)
•1. Ficus rubiginosa (Rusty Leaf Fig)
•1. Ficus benjamina (Weeping Fig)
•1. Fraxinus uhdei (Shamel Ash)
•1. Cupaniopsis anacardioides (Carrotwood)
•1. Liquidambar styraciflua (American Sweet Gum)
• Schinus terebinthifolius (Brazilian Pepper)

Problem Trees shall not be designated as City parkway trees on the Street Designation Tree List of City Council Policy G-6 unless they are Special Trees. a
Problem Trees that are not designated Special Trees may be removed for the following reasons:

A. The Problem Tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from tree roots and causes significant documented private property damage
(greater than $1,000.00) may be sufficient criterion for tree removal; or

B. The Problem Tree has had a repeated history of significant interference with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage; or
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9 owner. In the case of a homeowners’ association
C. The Problem Tree has created, in the opinion of the City Arborist, a view impediment that cannot be resolved by normal nor alternative tree trimming procedures.

Problem Trees may be proposed for removal by either staff or private property owners. The City Arborist has the authority to remove Problem Trees. No more than 50 Problem Trees may be removed per year by staff under the above criteria without special approval of the Commission. Replacement trees of a minimum 36-inch box sizeowner, the appeal shall be planted if funding, availability, and growth space permits.
initiated
Staff is responsible for notifying the adjacent property owner, the legally established homeowners association, if applicable, and the Councilperson of the district where the removal is proposed, of the intent to remove a Problem Tree.

The decision by the City Arborist to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees under the above criteria on a monthly basis to the Commission.

The cost to remove and replace Problem Trees will be the sole responsibility of the City based on funding, availability, and growth space, except for Category C (view).

III. STANDARD CITY TREES

A City tree which is located on City real property (parkways, parks, other City-owned property) and not designated as a Special or Problem Tree is designated as a Standard City Tree ("Standard Tree"). It is the City's policy to retain Standard Trees unless removal is necessary for one of the following reasons:

A. The City tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority.

Water or sewer blo ckage that results from City tree roots and causes significant public or private property damage (greater than $1,000.00) may be sufficient criterion for tree removal; or

B. The City tree has had a repeated history of significant interference with street or sidewalk drainage; or

C. The City tree is dead, diseased, dying, or hazardous, and presents a liability to the City. A dead tree is one that has been assessed by the City Arborist and found to 319
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10 have deceased. Diseased trees are defined as those trees that cannot be cured by current arboricultural methods, are in an advanced state of decline, and have no prospect of recovery. Dying trees are those that have no prospect of recovery.

Hazardous trees are defined as those that are defective, have a potential to fail, and would cause damage to persons and property upon failure. The City Arborist will perform a Level 2: Basic, Tree Risk Assessment whenever a tree is identified as hazardous. The assessment will identify: structural defects of the tree, parts of the tree most likely to fail, targets where imminent personal injury or property damage may result with tree failure, and procedures or actions necessary to mitigate the hazard. After assessment, the City Arborist will expeditiously convey his written findings and recommendations to the Landscape Manager for evaluation. In the case of imminent tree failure, the Landscape Manager or the City Arborist shall have the authority to direct the emergency removal of a hazardous tree without further approvals; or

D. The tree(s) have been requested to be removed in conjunction with a City Council- approved City, commercial, neighborhood, or homeowners association beautification program; or

E. The tree(s) have been requested to be removed in conjunction with a commercial or residential project. Approval will only be granted if the City tree unreasonably impedes the planned construction. In these cases, the applicant will coordinate and assume al l costs for the removal and replacement. Replacements will be a minimum of 36-inch box size, but larger sizes may be required at the Landscape Manager’s discretion; or

F. The City Manager, upon the advice of the Municipal Operations Director, City Attorney or the Traffic Engineer, shall have the authority to remove individual Problem or Standard Trees to resolve claims or safety issues.

IV. REMOVAL OF CITY TREES
A flowchart detailing tree removal procedures is available on the Municipal Operations Department’s website: www.newportbeachca.gov/government/departments/public- works/municipal-operations
The initiation to remove City tree(s) may be made by the staff of the Municipal Operations Department, a homeowners association, or a private property owner by submitting an application to the City ArboristClerk, utilizing the City Tree Removal form available on the Municipal Operations Department website:
www.newportbeachca.gov/government/departments/public-works/municipal- operations https://www.newportbeachca.gov/government/departments/municipal- operations and paying any applicable fee as set by resolution of the City Council. 320
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11 A. Appeals of Standard and Problem Trees or Requests for Removal of Special Trees by Homeowners’ Associations and Private Property Owners.

Private property owners and/or homeowners ’ associations shall meet the following signature requirements with the application.

Petitions
The City will replace all trees removed in accordance with the Standard Trees removal criteria on a one for one basis, as funding, availability, and growth space permits.

Replacement trees will be a minimum of a 36-inch boxed size. . If 36-inch boxed trees are not available or if funding or space constraints prevent planting of a 36-inch boxed tree, then the largest tree available for the space available will be planted. The full costs of removal and replacement of all City Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s), or desires to upgrade to a box size larger than a 36-inch box as a replacement (if available), then the resident will be responsible for the difference in price.

A. Removal of Special City Trees

• Special Trees, other than Landmark Trees, may be considered for removal under the same criteria as Standard Trees in Section III if a full staff report, prepared by the Municipal Operations Director and approved by the City Manager, is provided to the Commission detailing the necessity of removal and any specific previous treatment of the tree.

• Removal of a Special Tree(s) is initiated by submitting an application utilizing the City Tree Removal form.

• After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the tree(s) meets the criteria for consideration for removal outlined in Section III. The City Arborist shall determine whether in his/her judgment additional specific mitigation measures can be initiated to retain the tree provided the costs are reasonable.

• Private property owners , residential communities, neighborhoods, or business organizations who apply for removal of a Special Tree removal(s)or appeal the Manager’s determination for the removal of a Standard or Problem Tree must submit a petition signed by a minimum of 60% of City of Newport Beach property owners within a radius of 500 feet from the location of the proposed tree removal . to a maximum of 100 properties/parcels. The 60% threshold is based on the number of properties, not the number of property owners. The petition content must be approved and dated by City staff prior to distribution by the applicant. 321
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12 The staffapprovedstaff-approved petition must be distributed by the applicant to all private property owners within the 500 -foot radius.

Signatures by non -property owners are not acceptable for petition purposes, and there may be no more than one signature per property. All petition signatures shall be verified by City staff for property owner status of the person(s) signing the petition.

• Private property owners represented by a homeowners association with mandatory membership and within the 500 -foot radius must, instead of the above petition procedure, submit a petition through their association.

The association shall submit a resolution of the Board of Directors formally requesting a Special Tree removal(s) with a statement that all members of the homeowners association affected have been officially notified and given an appropriate opportunity to respond before the Board voted on the request.

• The City Arborist shall also provide a notice of the proposed tree removal to the adjacent property owner (if not the applicant), the private property owners immediately adjacent to the applicant's property, and the appropriate homeowners association if ap plicable (not applicable to the emergency removal of hazardous trees under Section I (Special Trees)).

• Once a recommendation is made by the City Arborist and the Landscape Manager to the Municipal Operations Director or designee and the Deputy Director concurs, then the applicant, and private property owners within a 500 -foot radius of the tree location, and a homeowners association if applicable, shall be notified via postcard of the recommendation at least 30 days before the Commission meeting. The postcard will include the date, time, and location of the Commission meeting and a City contact number.

A homeowners association is responsible for notification of all association members pursuant to their established procedure.

• An 8” x 5” placard will be posted on the Special Tree(s) considered for removal at least 30 days before the Commission meeting. The placard will include the following information: the date of its posting, the date, time and location of the Commission meeting, and a City contact number.

• The Municipal Operations Director, or a designee, shall prepare a full staff report for a regularly scheduled Commission meeting of all trees recommended for removal , except for the emergency removal of hazardous trees in Section I (Special City Trees) of this Policy.

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13 •1. Following Commission approval for removal of a Special Tree(s), the tree(s) will be posted with a new 8” x 5” placard at least 30 days prior to the removal notifying the public that they have the right to appeal . The placard shall also note a Staff contact number and a date on which it was posted.

• Any appeal to the Council regarding a Commission tree decision must be received by the Municipal Operations Director no later than 30 calendar days following the date of the above reposting after the Commission decision. The Municipal Operations Director will delay any tree removals until the appeal period has expired or until the Council has acted upon the appeal.

• The full costs of removal and replacement of a Special Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s).

B. Removal of Problem City Trees

• Problem Trees may be proposed for removal by either City staff, a homeowners association, or private property owners by written application utilizing the City Tree Removal form. The City Arborist has the authority to remove Problem Trees.

• If there are no removal criteria other than it being a Problem Tree species, then no more than 50 Problem Trees may be removed per year by staff without special approval of the Commission.

• If there are no removal criteria other than it being a Problem Tree species, then no more than one of three problem parkway trees in a continuous row may be removed in a one -year period unless part of a reforestation approved by the Commission. Replacement trees of a 36" boxed size shall be planted if funding, availability, and growth space permits.

• Staff is responsible for providing advance written notification, as applicable, to the adjacent property owner, the legally established homeowners association, and the Councilperson of the district where the removal is proposed of the intent to remove or retain a Problem Tree.

• Except for those trees categorized as Item C (dead, diseased, or dying trees) or Item F (claims and safety issues) in Section III (Standard City Trees), all Problem Tree removal(s) shall be posted with a minimum 8” x 5” placard 323
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14 at least 14 calendar days prior to the scheduled removal. The placard shall also note a Staff contact number and a date on which it was posted. Unless deemed an emergency, posting for the removal of dead, diseased, or hazardous trees shall be at least 72-hours prior to the scheduled removal.

• The decision by the Landscape Manager to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees on a monthly basis to the Commission.

• The cost to remove and replace Problem Trees will be the sole responsibility of the City based on availability of funding, with the exception of Category C (view) in Section II, which is the sole responsibility of the applicant.

C. Removal of Standard City Trees

• The initiation to remove a Standard Tree(s) may be made by the staff of the Municipal Operations Department, a homeowners association, or a private property owner by submitting an application to the Landscape Manager, utilizing the City Tree Removal form.

• After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the tree(s) meets the criteria for consideration for removal as outlined in the above Section III (Standard City Trees). The City Arborist sha ll determine whether in his/her judgment additional specific mitigation can be initiated to retain the tree provided the costs are reasonable.
• Once a recommendation is made by the City Arborist to the Landscape Manager, or designee, and the Manager agrees with the recommendation, the City may remove the tree(s). The authority to remove Standard Trees rests with the Landscape Manager.
• Staff is responsible for providing advance written notification, as applicable, to the adjacent property owner, the legally established homeowners association, and the Councilperson of the district where the removal is proposed of the intent to remove or retain a Standard Tree. • Except for those trees categorized as Item C (dead, diseased, or dying trees) or Item F (claims and safety issues) in Section III (Standard City Trees), all Standard Tree removal(s) shall be posted with a minimum 8” x 5” placard 324
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15 at least 14 calendar days prior to the scheduled removal. The placard shall also note a Staff contact number and a date on which it was posted. Unless deemed an emergency, posting for the dead, diseased, or hazardous trees shall be at least 72-hours prior to the scheduled removal.

• Any appeal to the Commission regarding a tree decision must be received by the Municipal Operations Director no later than 14 calendar days following the date of posting or notice of intent. The Municipal Operations Director will delay any tree removals until the appeal period has expired or until the Commission has acted upon an appeal.

• The City will replace all trees removed in accordance with the Standard Trees removal criteria on a one for one basis. Replacement trees will be a minimum of a 36" boxed size. If 36" boxed trees are not available, or funding or space constraints prevent pl anting of a 36 -inch box tree, then the largest tree available for the space available will be planted. If resident/applicant desires to upgrade to a 48-inch boxed tree or larger, the resident/applicant will be responsible for the difference in price.

• The full costs of removal and replacement of a Standard Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s) or desires to upgrade to box size larger than 36-inch planted as a replacement, then the app licant will be responsible for the difference in price.

V. REFORESTATION OF CITY TREES

A. Description of Reforestation

Reforestation is defined as the concept of systematically replacing Problem or Standard Trees which are creating hardscape and/or view problems and cannot be properly trimmed, pruned or modified to alleviate the problem(s) they create; or those which have reached their full life and are declining in health; or are simply the wrong species of trees for the planted location.

It is recognized and acknowledged that many City trees were planted years ago and in some cases were planted with specific species that when fully mature cause damage to curb, gutter, sidewalk, or underground utilities. Within the geographical boundaries of certain view neighborhoods, City street trees may encroach into blue water views from public and private property depending on the length of time since the trees were last trimmed, or the age and height of the 325
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16 trees. In other cases, the wrong species of tree was planted originally and simply does not conform to the current treescape or may represent a safety hazard. The City Street Tree Designation List and the City Parkway Tree Designation List attached to City Council Policy G-6 reflect an effort by the City to designate appropriate tree species that will not cause future problems.

The City understands the importance of trees and the beauty they bring to a community, and desires to continually improve the urban forest through reforestation. In areas where City trees have been removed through City initiation, the City will endeavor to replace the trees one for one with the appropriate street tree.

B. Application for Reforestation

Reforestation requests shall be made by submitting an application to the Landscape Manager for consideration by the Commission. Requests shall comply with the following requirements:

• The proposed area must have clearly defined contiguous geographical boundaries that include the tree(s) proposed for removal and replacement, street address(es), block number(s), or other geographical information.

•1. Submission of a petition signed by the owners of a minimum of 60% of the properties within a radius of 500 feet from the location of the proposed reforestation. The petition content must be approved and dated by City staff prior to distribution by the peti tioner. Signatures by non -property owners shall be invalid and only one signature per property shall be counted towards the 60% threshold. The 60% threshold is based on the number of properties, not the number of property owners. All petition signatures shall be verified by City staff for property owner status of the person(s) or persons signing the petition. Petitions that are submitted more than ninety (90) days past the date stamped by staff before distribution shall be invalid and the request shall not be forwarded to the Commission for consideration. The Landscape Manager may extend this timeframe at his or her discretion; or

•2. Homeowner Association Boards . Private property owners who are mandatory members of a homeownershomeowners’ association where a City Tree is located must submit reforestation requestsapplications for removal of a Special Tree or appeal the Manager’s determination for the removal of a Standard or Problem Tree through their association. The request shall include a resolution of the Board of Directors formally requesting a reforestation with a statement that all members 326
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17 of the homeownershomeowners’ association have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. The homeownershomeowners’ association is responsible for notification of the outcome of the Board’s vote to all association members, pursuant to their established procedure.

•B. The requestor agrees, in writing, to pay 100% of the costs of the removal and replacement of the public tree(s) in advance of any removal activity. The actual removal and replacement work will be performed by a City contractor coordinated by the Municipal Operations Department. The total costs for removal and replacement work shall include only the contractor's costs and be paid in advance of any removal actions.

C. Once petitions or Board of Directors approval is/are submitted to the City, a hearing of the Commission will be scheduled. Notice of the hearing shall be published in accordance with the California Government Code Section 54950 et seq. and Section VII(B) (Public Hearing Notification Requirements).

The Municipal Operations Director, or a designee, shall prepare a full staff report for a regularly scheduled Commission meeting of all trees recommended for removal C. Action Upon Application
D. .