HomeMy WebLinkAbout01 - Minutes - AmendedOctober 28, 2025
CITY OF NEWPORT BEACH Agenda Item No. 1
City of Newport Beach
October 14, 2025
I. ROLL CALL - 4:00 p.m.
Present: Mayor Joe Stapleton, Mayor Pro Tem Lauren Kleiman, Councilmember Michelle Barto,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J. Weber,
Councilmember Erik Weigand
II. PRESENTATIONS
• Presentation of Proclamation to May Shen, Mayor's Youth Council Participant, and
Recognition of Outstanding Community Service related to Homeless Advocacy
Mayor Stapleton presented a proclamation to May Shen in recognition of her outstanding
community service.
• Presentation of Proclamation to Ted Robinson
Mayor Stapleton presented a proclamation to Jason Anguiano, accepting on behalf of Ted
Robinson, who was unable to attend.
• Presentation of Commendation to Jack Jasper
Mayor Stapleton presented a commendation to Jack Jasper.
• History of John Wayne Airport by firmer MJFor and Citizen of the Year, Thomas C. Edwards
1W
Thomas Edwards, former Mayor and Citizen of the Year, provided a PowerPoint presentation
on the history of John Way4 Airport, noting it is one of the most regulated airports in the
country. Mr. Edwards detailed a timeline including airline deregulation in 1978, the
establishment of the Airport Working Group in 1982, the Master Plan of 1983, the 1985 JWA
Settlement agreement, which governs airport noise, capacity, and curfew, and highlighted
the collaborative efforts of all elected officials who participated.
III. STUDY SESSION It
SS1. Clarification of Consent Calendar Items
There were none.
SS2. Discussion to Consider Possible Traffic Calming and Public Safety Measures in the
Bayview Heights Neighborhood
As a follow-up to resident requested improvements and to a Policy Al item request from
Councilmember Weigand at the August 26, 2025 meeting, staff presented a review and discussion
on Traffic Calming and Public Safety Measures in the Bayview Heights neighborhood of Santa Ana
Heights.
City Manager Leung introduced the Study Session, followed by a staff presentation by Dave
Webb, Director of Public Works, and Kevin Riley, Acting City Traffic Engineer.
Lieutenant Vincelet, representing the Police Department, spoke on potential traffic issues, low
crime rates in the area, response time considerations, and Flock camera system locations.
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Assistant Fire Chief Carr, representing the Fire Department, expressed concern that closing
Spruce Avenue could lead to longer response times and impede patient transport to the new
hospital on Jamboree Road.
Public Works Director Webb acknowledged the Level 1 traffic calming measures, expressed staff
concerns about the implementation of speed cushions, and staff's opposition to the closure of
Spruce Avenue.
Councilmember Weigand expressed gratitude to the staff for their work on this matter, sought
information about the community's response rate concerning speed bumps and road closures,
requested clarification on the method of tallying responses during the survey, inquired if the
data from the last study in 2023 remains valid, and provided a summary of considerations.
Councilmember Blom emphasized that safety is a priority, questioned why Flock cameras were
not currently present at the neighborhood's ingress and egress and expressed interest in seeing
additional Flock cameras in the area.
Lieutenant Vincelet clarified that the Flock cameras we installed to capture incoming and
outgoing traffic into the City and explained that certain hborhoods have funded their own
Flock cameras.
Councilmember Blom recognized that the neighborhood Ndsttention and noted he was in
favor of traffic calming measures. V
Councilmember Barto expressed support for speed cushlrons on Orchid Street.
PUBLIC COMMENTS —
1. Devon Wortmann Miller, a resident living on Orchid Street, noted that the street is not safe;
noted the lack of signage; and expressed the community does not want to wait for a tragedy
before traffic calming is e4orced.
2. An unidentified speakex-, an Orchid Street resident, emphasized that there should be no
changes, no closing of Spruce Avenue, and no need for signage.
3. Treb Heining, resident of Bayview Avenue, noted the neighborhood should be protected,
neighbors walk on the street to reach the upper bay, and requested speed bumps.
4. Ryan Schleiger, Spruce Avenue resident, noted the problem with traffic issues including cut
through traffic, his participation in the petition process and noted residents' high approval
rating of the potential closure of a subsection of Spruce Avenue.
5. Neal (Unknown Last Name), Orchard DriveStreetresident, noted the need for traffic
calming and supported the closure of Spruce Avenue.
6. Jeff Roberts noted the need for more attention for the Bayview Heights neighborhood and
thanked Councilmember Weigand for his support.
7. Lucia Pounders, Orchid Street resident, expressed concern for speeding vehicles in the
neighborhood and noted the need to help slow cars down.
8. Jim Roberts, Orchid Street resident, supported the addition of speed bumps.
9. Linda GeetGiedt, Bayview Heights resident, noted that closing Spruce at Bristol is a
problem, and that 25 miles per hour signage would be helpful.
10. Holly Jarvis spoke in opposition to Spruce Avenue closing and noted the complications being
in a horse community.
11. An unidentified speaker requested that Spruce Avenue not be closed, expressed safety
concerns when walking at night, and noted that cars do not stop at certain stop signs.
12. Joe Bonafede requested no closure on Spruce Avenue, expressed concern with emergency
evacuation, but noted the need to mitigate traffic.
13. Mike Smith requested Flock cameras in the area, noted speeding cars on Bayview Avenue;
and suggested the installation of bollards.
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14. Christine Sceberras noted traffic from the commercial buildings, emphasized that cross
traffic was an issue, expressed concern for seniors living in the neighborhood and the lack of
sidewalks, and spoke on pedestrian safety concerns.
15. Nhan Bui noted traffic from commercial areas and questioned whether the gates could be
closed to the neighborhood.
16. Beth Darling, resident, spoke of using speed cushions to slow down traffic.
17. Kent Snyder, resident of Cypress Street, spoke against closing Spruce Avenue, and noted he
did not think there was speeding or the need for traffic calming in his neighborhood; and
that it was best to pay attention to the data, and not emotions over the issue.
18. Linda Newsom, long term resident, spoke on the possibility of edge lines, noted speed limit
decals and raised medians could help, and spoke against the closing of Spruce Avenue, and
was opposed to speed bumps.
19. An unidentified speaker noted the traffic study did not include the information that there
were no sidewalks in the community.
20. Laurie Kelly expressed concern about traffic in the neighborhood.
Councilmember Grant spoke on the benefits of Study Sessions and resident input and inquired
whether the community had a Homeowners Association. She emphasized the importance of
engaging businesses that could be impacted by a potential road closure, questioned how the
closing of the gates would provide a benefit, noted that adding sidewalks would be complicated
but an interesting concept, noted that the Level 1 option would be easy to implement, and
expressed interest in continuing discussions with sta garding these options.
i
Commission, did not see a consensus related to the closing of Spruce Avenue, noted the Level 1
option could be a viable approach and the City could move forward on that. He noted the
upcoming slurry seal project could impact decisions, suggested that residents could compromise
on speed cushion options and the phasing of speed cushions, recommended additional outreach
to the community, noted a monument can help define the neighborhood and assist with traffic
calming, and questioned whetherAssessment Districts be required for street lighting.
Public Works Director Webb spoke on the process of incorporating street lighting in existing
neighborhoods including the creation of lighting Assessment Districts.
Councilmember Weigand addressed the funding for Flock cameras, indicated that Level 1 might
be feasible, expressed support for implementing speed bumps in a phased approach, noted the
slurry seal project, and proposed further review of speed bumps on Orchard Drive. However, he
did not support the closure of Spruce Avenue and suggested the consideration of other
alternatives.
Councilmember Blom recognized the uniqueness of the equestrian neighborhood, noted the
importance of reaching a consensus, and was supportive of signs and other mitigation measures.
Mayor Stapleton thanked the residents for attending the meeting, noted this neighborhood was
the most unique in the City, noted he was in favor of the Level 1 options and of speed cushions
where warranted, and was not in favor of closing Spruce Avenue.
Public Works Director Webb provided a summation of consensus of the City Council including:
• The preference of Level 1
• One or two speed bumps on Orchid Street
• A monument in the median on Spruce Avenue as an entry monument
• Examining gate closure of commercial property
• Incorporating 3 Flock cameras in the neighborhood
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Councilmember Weigand noted that speed bumps could be gradually incorporated into the area
and that residents could return if additional speed bumps are needed, and that if Spruce
Avenue is not closed, incorporating speed bumps is an option.
Mayor Stapleton further summarized consensus to move forward with Level 1 calming
measures, speed cushions on Orchid Street, incorporation of a median on Spruce Avenue,
installation of Flock cameras, and further assessment of the commercial property gate issue.
Approved by a Straw Vote, 7-0.
IV. RECESS
There was no recess.
V. RECONVENE
Mayor Stapleton reconvened the meeting at 5:46 p.m., from Study Session.
VI. ROLL CALL
All members were present.
VII. INVOCATION - Julie Holdaway, C
Center of Orange County
VIII. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by
_erage Jewish Community
IX. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Weigand 19
• Attended an Orange bounty Mosquito and Vector Control District (OCMVCD) meeting and noted
an increase in cases of West Nile virus locally.
• Announced Orange County Sanitation District (OCSAN) State of the District Luncheon to take
place on Friday, October 17, 2025.
Mayor Pro Tem Kleiman
• Wished Councilmember Weber a happy birthday.
• Attended Orange County Council of Governments (OCCOG) September 2025 Board of Directors
Meeting.
• Attended the Grand Reopening of the Corona del Mar Farmers Market.
• Attended the CdM Commercial Corridor Study Community Meeting.
• Announced a meeting of the Aviation Committee to take place on Monday, October 20, 2025, in
the Civic Center Community Room.
Mayor Stapleton
• Announced the Newport Beach Film Festival taking place October 16-23, 2025.
• Congratulated the Friends of OASIS on a successful Boutique & Rumage Sale.
• Attended the Bonnie Lou Gibson Memorial Sailing for the Blind and Visually Impaired (SVI) event
hosted by American Legion.
• Attended the Newport Beach Volleyball Invitational.
• Congratulated Corona del Mar High School for winning Battle of the Bay.
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X. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Jim Mosher stated that he was pleased to hear that the Aviation Committee will be meeting;
announced the General Plan Advisory r,,,..mitt,,,,Update Open House on October 21, 2025, at 6:30
p.m. in the Civic Center Community Room and the CRAG -Virtual General Plan Update Open House
to be held virtually at 6:00 p.m. the following day. He further commented that in 1929, the City
established an Airport Committee responsible for evaluating a potential airport site in Newport
Beach; and provided context regarding the proposal of Lido 14e-Channel as a location for seaplanes
and Mariner's Mile for land planes, which was ultimately considered unfeasible.
City Employee Association President Mariah Stinson, accompanied by, Jaime Gonzalez, Senior
Labor Relations Representative, spoke on the current negotiations between the City and the
Association.
XI. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consideration of amendments to the Newport Beach Municipal Code to enhance enforcement of
bicycle safety by prohibiting operation of a bicycle or e-bicycle in an unsafe manner, requiring
helmets for all riders under 18, enhancing penalties for violations, applying bicycle regulations as
set forth in Chapter 12.56 to e-bicycles, and updating sidewa s w re riding bicycles and e-
bicycles are permitted (Submitted by Councilmember Bar o).
Approved by a Straw Vote, 7-0.
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
There were no Public Comments on Consent Calendar,items.
XIII. CONSENT CALENDAR 04
Councilmember Weigand noted he would be voting "no" on Agenda Item 3 and requested removal of
Agenda Item 8.
XIV. READING OF MINUTES AND ORDINANCES
1. Minutes for the Sep ber 23, 2025, Regular City Council Meeting
Waive reading of subje minutes, approve as written, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by
title only.
XV. ORDINANCES FOR ADOPTION
3. Ordinance No. 2025-26: Adding Chapter 6.30 Prohibition of Sale and Distribution of
Flavored Tobacco Products
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Conduct a second reading and adopt Ordinance No. 2025-26, An Ordinance of the City Council
of Newport Beach, California, Amending Chapter 6.25 (Regulation of Smoking in Public
Areas) and Adding Chapter 6.30 (Prohibition of Sale and Distribution of Flavored Tobacco
Products) to Title 6 (Health and Sanitation) of the Newport Beach Municipal Code, Relating
to Smoking and Tobacco Sales.
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Motion carried 6-1, Councilmember Weigand opposed.
4. Ordinance No. 2025-27: Adding Chapter 6.40 Prohibition of Sale, Distribution and Use
of Nitrous Oxide
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Conduct a second reading and adopt Ordinance No. 2025-27, An Ordinance of the City Council
of Newport Beach, California, Adding Chapter 6.40 (Prohibition of Sale, Distribution, and Use
of Nitrous Oxide) to Title 6 (Health and Sanitation) of the Newport Beach Municipal Code,
Relating to Nitrous Oxide Sales.
5. Ordinance No. 2025-28: Amending Subsection B of Section 10.04.010 of Chapter 10.04 to
define Possession of an Open Container
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Conduct a second reading and adopt Ordinance No. 2025-28: An Ordinance of the City Council
of the City of Newport Beach, California, Amending Section 10.04.010 (Drinking in Public) of
Chapter 10.04 (Intoxicating Liquor) of the Newport Beach Municipal Code Related to the
Possession of Alcoholic Beverages.
6. Ordinance No. 2025-29: Adding Section * 04.Kentary
iting the Use of Electric
Bicycles and Similar Devices on the Newport School Playground) and
Amending Section 11.04.130 (Exemption) of Chapte 11.04 (Parks, Park Facilities, and
Beaches) of the Newport Beach Municipal Code
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(6) 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 f inance No. 2025-29: An Ordinance of the City Council
of the City of Newport Beach, Califclia, Adding Section 11.04.085 (Prohibiting the Use of
Electric Bicycles and Similar Dever on the Newport Elementary School Playground) and
Amending Sectio 1.04.130 (Exemption) of Chapter 11.04 (Parks, Park Facilities, and
Beaches) of the port Beach Municipal Code.
7. Ordinance No. 2025-30:Amending Section 2.12.110 of Chapter 2.12 (Administrative
Departments) of the Newport Beach Municipal Code to Include Education and
Enforcement Related Provisions as a Function of the Recreation & Senior Services
Department
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2025-30: An Ordinance of the City Council
of the City of Newport Beach, California, Amending Section 2.12.110 of Chapter 2.12
(Administrative Departments) of the Newport Beach Municipal Code to Include Education and
Enforcement Related Provisions as a Function of the Recreation and Senior Services
Department.
XVI. RESOLUTIONS FOR ADOPTION
8. Item pulled from the Consent Calendar.
XVII. CONTRACTS AND AGREEMENTS
9. Slurry Seal Program Fiscal Year 2024-25 - Notice of Completion for Contract No. 9717-1
(25R04)
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a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
10. Balboa Yacht Basin Maintenance Dredging - Award of Contract No. 9944-1 (26H13)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15304 Class 4 (Minor Alterations to Land - Maintenance Dredging) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no
potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Approve Budget Amendment No. 26-033 appropriating $2,049,344 in increased expenditures
in Account No. 10101-980000-26H13 from the Tidelands Capital Fund unappropriated fund
balance;
d) Award Contract No. 9944-1 to Pacific Dredge and Construction, LLC for the total bid price of
$3,543,949 for the Balboa Yacht Basin Maintenance Dredging project, and authorize the
Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $354,395 (10% of total bid) to cover the cost of unforeseen work not
included in the original contract.
11. Approval to Purchase Three 2026 or Newer Model'Year Rescue Ambulances from
Professional Sales and Service, L.C.
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Approve the selection and purchase of three 2026 or newer model year Horton 623FL Type 1
2WD ambulances on 2026 or newer Freightliner M2 Medium Duty Chassis, from Professional
Sales and Service, L.C., using cooperative selection and pricing under Sourcewell Contract
#122123-RVG;
c) Authorize the City Manager to execute any necessary purchase agreements related to the
purchase on a form approved by the City Attorney; and
d) Approve Budget Amendment No. 26-032 appropriating $1,570,065.69 in increased
expenditures in the vehicIr replacement fund, account no. 7529032- 911016 from the
Equipment Internal Service Fund (7jJ2) reserves.
12. Amendment to Services Agreement with Global Power Group, Inc., for Maintenance and
Repair Services for City Generators
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 Maintenance Services Agreement with Global Power
Group, Inc., to extend the existing agreement two years until December 31, 2027, and to
increase the contract amount by $250,000, and authorize the Mayor and City Clerk to execute
the Agreement.
13. Approval of the Lecture Hall Auditorium Naming Rights Agreement
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Approve the Newport Beach Public Lecture Hall Naming Rights Donation Agreement
between the City of Newport Beach and the Newport Beach Public Library Foundation for
the naming of the auditorium; and
c) Waive City Council Policy B-9, Naming of City Parks and Facilities and City Council Policy
B-17, Parks, Facilities, and Recreation Program Donations, for the naming of the auditorium.
XVIII. MISCELLANEOUS
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14. Annual Review of Visit Newport Beach Audited Financial Statements and Expenditure
Report
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Receive and file.
15. Planning Commission Agenda for the October 9, 2025, Meeting
Receive and file.
ACTION. MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
Motion by Mayor Pro Tem Kleiman, seconded by Councilmember Grant, to approve the
Consent Calendar including amendments to Agenda Item 1; the Minutes, a "no" vote on Agenda Item
3 by Councilmember Weigand, and removal of Agenda Item 8 for further discussion by Councilmember
Weigand.
The motion carried 7-0.
XIX. ITEMS REMOVED FROM THE CONSENT CALENDAR
8. Resolution No. 2025-65: Creating the Newp*ft Beach Police Headquarters Assessment
Committee
a) Determine this action is exempt from the California Environmental Quality Act (CEQA
pursuant to Sections 15060(c)(2) and 15060(c)(3) of -the CEQA guidelines because this action
will not result in a direct or indirect physical change to the environment; and
b) Adopt Resolution No. 2025-65, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Newport Beach
Police Headquarters Assessment Committee.
This item was removed for separatetisZ�ion by Councilmember Weigand.
4
Councilmember Weigand questioned the composition of the proposed ad hoc, inquired whether its
formation was necessary, offered that a Study Session would allow all Councilmembers to review
the item at the same time, and requested clarification on formation of different ad hoc committees.
Assistant City Manager Jurjis explained the existing police station is slated for replacement in
2032, emphasized the need to quickly commence planning and development, noted Council has
discretion in determining the approach, noted that a working group of representativesresidents and City Council members would be subject to Brown Act requirements,
and clarified that the decision on how to form the committee was ultimately up to the City Council.
Councilmember Blom questioned the scope of work for the proposed committee and emphasized
the amount of work associated with this project, expressed a preference to avoid bond financing,
and preferred if the ad hoc had only three City Council members to help expedite the project.
Councilmember Grant emphasized the importance of transparency and community input, noted
that there were excellent resident resources in the community, thought the ad hoc should have
community input, and preferred the item be brought back at a Study Session.
Mayor Stapleton thought that there should be at least four members of the public on the ad hoc
committee.
Councilmember Weigand questioned whether the Dove Street property had required an ad hoc
committee.
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Assistant City Manager Jurjis reviewed the process that went into purchasing the Dove Street
property.
PUBLIC COMMENT
Jim Mosher noted issues with fewer council members participating in discussion of complex
projects; suggested staff provide a range of possibilities at a Study Session at which time an ad
hoc committee could be created at *� hat time.
Following public comment, Councilmember Blom offered an alternative to adjust the committee
to a City Council -only ad hoc committee.
Councilmember Weigand concurred and thought a Council -only ad hoc would expedite the
process.
Mayor Stapleton stated that he would be abstaining and respectfully removed himself as a
representative on the ad hoc committee.
Motion by Councilmember Blom, seconded by Councilmember Weigand, to remove public
members from the proposed committee and to have a City Council -only ad hoc, with three
Councilmembers, to serve on the Newport Beach Police Headquarters Assessment Committee.
Motion carried 5-1-1 (Councilmember Gran posed, Mayor Stapleton abstained).
XX. PUBLIC HEARINGS
16. Ordinance Nos. 2025-32 and 2025-33: Amending Titles 20 and 21 of the Newport Beach
Municipal Code Establishing the S cial Flood Hazard Area (VE) Overlay (PA2018-075)
Mayor Stapleton opened the public be at 6:22 p.m.
Hearing no testimony, Mayor Stapleton glosed the public hearing at 6:22 p.m.
Motion by Councilmember Blom, seconded by Councilmember Weber, to: a) Conduct a
public hearing; b) Determine this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15305 under Class 5 (Minor Alterations
in Land Use Limitations) of the CEQA Guidelines because it has no potential to have a significant
effect on the environmerlf; c) Waive full reading, direct City Clerk to read by title only, introduce
Ordinance No. 2025-32, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting Revisions to Zoning Code Amendment (PA2018-075) Amending Title 20 (Planning and
Zoning) of the City of Newport Beach Municipal Code to Establish the Special Flood Hazard Area
Overlay for Consistency with the California Coastal Commission's Modifications (PA2018-075),
and pass to second reading on October 28, 2025; and d) Waive full reading, direct City Clerk to
read by title only, introduce Ordinance No. 2025-33, An Ordinance of The City Council of the City
of Newport Beach, California, Approving an Amendment to Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code, as Modified by the California
Coastal Commission, to Establish the Special Flood Hazard Area Overlay (PA2018-075), and pass
to second reading on October 28, 2025.
Motion carried 7-0.
17. Resolution No. 2025-66: Coyote Canyon Landfill Gas to Energy Facility Appeal
(PA2022-063)
Councilmember Weigand, citing a potential conflict of interest, recused himself from
the item.
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Assistant City Manager Jurjis and Joselyn Perez, Senior Planner, presented the staff report and
PowerPoint presentation.
Tyler Henson, Biofuels Coyote Canyon Biogas, LLC, on behalf of Archaea Energy, Inc (the
applicant) provided an overview of their company's operations, highlighted their extensive
experience in the renewable energy sector, provided comments related to the Planning
Commission's decision and the ensuing appeal, noted short term impacts of this project which may
include increased truck traffic, potential visual obstructions from construction equipment, noise
and dust emissions; and spoke of responses to community concerns.
Kelilah D. Federman, of Adams Broadwell Joseph & Cardozo and representing Orange County
Residents for Responsible Industry, provided comments related to the reasons regarding the
appeal and the request to appeal Resolution No. 2025-66, citing environmental and CEQA
concerns.
Placeworks CEQA Consultant, Dina El Chammas, provided an analysis and reviewed comments
provided by the appellant including that the air quality concerns are under the purview of the
South Coast AQMD citing they had no further comments; and noted the Fire Department reviewed
the potential fire hazards and approved the fuel modification plan.
Councilmember Grant asked staff if they were comfort moving forward with the project given
the objections presented. Staff confirmed yes.
Mayor Stapleton opened the public hearing at 6:
PUBLIC COMMENTS
William Coons, representing Orange County Residents for Responsible Development, expressed
concerns regarding the potential environmental impacts as well as public safety, and requested
Council uphold the appeal. .`
Mayor Stapleton close he public hearing at 6:55 p.m.
7
The applicant, Tyler enson, Archaea Energy, Inc., made a brief closing statement citing the
environmental concerns raised by the appellant.
Appellant Kelilah D. Federman, Adams Broadwell Joseph & Cardozo, supported the need for an
environmental impact report.
Councilmember Grant questioned whether Sage Hill High School had participated in the outreach
and was told by staff that they had participated and had not submitted an objection.
Moved by Councilmember Blom, seconded by Councilmember Weber, to: a) Conduct a de
novo public hearing; and b) Adopt Resolution 2025-66; A Resolution of the City Council of the City
of Newport Beach, California, Denying an Appeal and Upholding the Decision of the Planning
Commission to Adopt a Mitigated Negative Declaration and Approve a Conditional Use Permit to
Construct and Operate a Landfill Gas -to -Energy Facility at 20662 Newport Coast Drive (PA2022-
063).
Motion carried 6-0-1 (Councilmember Weigand recused).
XXI. CURRENT BUSINESS
18. Appointment of Lena Shumway as City Clerk and Approval of Employment Agreement
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Assistant City Manager Tara Finnigan presented the staff report and reviewed the elements of the
proposed contract which include:
• A term from October 20, 2025 through December 31, 2028.
• A base salary of $200,977 with future increases after October 20th of this year tied to any
percentage increase, schedule, or cost of living adjustment provided to key and management
employees.
• An auto allowance of $400 per month.
• Deferred compensation effective the pay period that includes October 20th of this year.
• A biweekly contribution of 3% of the City Clerk's base salary to be made to her City sponsored
457 deferred compensation account.
• Flex leave to accumulate as provided for in the key and management compensation plan,
executive management category, at the rate designated for employees with years of service in
the 15 and over category.
• Effective October 20th, the City Clerk will receive 40 hours of paid administrative leave, and
then effective January 1, 2026, she will receive 80 hours of administrative leave per calendar
year.
• A severance term of up to 6 months of base salary and medical benefits if terminated without
cause.
• All other benefits received by key and management employees, including reimbursement for
an annual physical exam, a phone allowance, holiday pay, holiday closure leave, and
participation of Ca1PERS in the LIUNA Supplemental Pension (Program.
PUBLIC COMMENTS
Jim Mosher thanked outgoing Interim City Clerk Molly Perry for her service.
Motion by Mayor Stapleton, 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) Pursuant to Charter Section 600, appoint Lena Shumway as
City Clerk for the City of Newport Bgach, effective October 20, 2025; and c) Approve and authorize the
Mayor and City Clerk to execute -an employment agreement between the City of Newport Beach and
Lena Shumway, subject to the terms and conditions approved by the City Council.
Motion carried 7-0. 006
XXII. MOTION FOR RECONSIDERATION - None
Adjournment in Memoriam
Prior to recessing to Closed Session, Mayor Stapleton provided comments on the recent passing of
Jeffrey John Bitetti and asked for the meeting to be adjourned in his memory.
XXIII. PUBLIC COMMENTS ON CLOSED SESSION
There were none.
XXIV. CLOSED SESSION - Council Chambers Conference Room
Mayor Stapleton requested City Attorney Harp read the Closed Session item and recessed at 7:02 p.m.
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
Government Code § 54956. 9 (d)( 4)): 1 matter.
Volume 66 - Page 431
City of Newport Beach
October 14, 2025
XXV. CLOSED SESSION REPORT
Mayor Stapleton reconvened the meeting at 7:55 p.m. and City Attorney Harp noted there was no report.
XXVI. ADJOURNMENT IN MEMORIAM - JEFFREY JOHN BITETTI
Mayor Stapleton adjourned the meeting at 7:55 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 October 9, 2025, at 4:00 p.m.
Lena Shumway
City Clerk
Joe Stapleton
MayorQ1
Volume 66 - Page 432