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HomeMy WebLinkAbout11/04/2025 - Regular MeetingCITY OF NEWPORT BEACH City Council Meeting Minutes Regular Meeting November 4, 2025 I. ROLL CALL — 4:04 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 Mayor Stapleton presented a proclamation recognizing November 2025 as National Nurse Practitioner Week to Carol Cunningham, California Association for Nurse Practitioners. Newport History Hiding in Plain Sight by Bill Lobdell Historian Laureate Bill Lobdell referenced a PowerPoint presentation highlighting lesser - known historical features throughout Newport Beach. III. STUDY SESSION 2. Presentation on the Results of the Corona del Mar Commercial Corridor Study Principal Planner Liz Westmoreland and Senior Planner Joselyn Perez referenced a PowerPoint presentation and presented the study's results. The study was initiated due to community concerns about outdated planning and zoning frameworks, substantial barriers resulting in limited private investment, and parking concerns for residents and businesses. Goals discussed included: updating land uses, parking solutions, safety and mobility improvements, and corridor identity. Staff performed extensive community outreach including multiple meetings with businesses, residents, and two public open houses with over 70 attendees. Feedback indicated the business community strongly supports streamlining approvals and prioritizing parking solutions, while residents expressed support for existing businesses and don't support introducing housing within the corridor. PUBLIC COMMENTS: Jim Walker expressed safety concerns regarding past traffic incidents in the area and provided the Council with photos. Jeff Brown advocated for mixed -use residential, citing successful examples in the Cities of Laguna Beach, Los Angeles, San Francisco, and New York. Ryan Wilson strongly supported staffs recommendations. John Palmer thanked staff and Council for providing thoughtful solutions. Councilmember Blom spoke regarding his years -long connection with improving the corridor, emphasized the need to modernize the area, and fully supported staffs recommendations. Mayor Pro Tem Kleiman provided extensive context about the study's origins from prior discussions, noted ongoing code restrictions despite interest from prospective tenants, Volume 66 - Page 445 City of Newport Beach November 4, 2025 acknowledged decades of unsuccessful attempts to address these issues, emphasized the need for balance, noted the removal of the residential component, and advocated for returning with more detailed recommendations. She highlighted the necessity of incorporating the following factors: additional parking solutions, such as constructing a parking garage or leasing out private spaces, increased enforcement to ensure compliance with any new regulations, safe crosswalk solutions to enhance pedestrian safety, and options for accommodating cyclists, such as a potential center median protected lane. Councilmember Grant appreciated the comprehensive proposal, particularly technology -based parking solutions that could pilot in CdM before expanding citywide and questioned live entertainment regulations. Staff clarified existing conditional use permits allow for live entertainment which are subject to noise studies, those permits would convert to minor use permits which would be reviewed by the Zoning Administrator rather than Planning Commission. Councilmember Weber expressed full support for staffs recommendations. Councilmember Weigand supported all recommendations including residential uses, suggested exploring other parking solutions, noted voucher programs with Uber/Lyft as an option, and acknowledged the complexity of balancing residential and business needs. Councilmember Barto complimented staff on community outreach efforts, thanked staff for the comprehensive study, and appreciated the inclusion of e-bike infrastructure. Mayor Stapleton supported staffs recommendations, acknowledged parking constraints, and recognized the necessity for a balance between quality of life and business needs. IV. INVOCATION — Councilmember Grant V. PLEDGE OF ALLEGIANCE — Councilmember Blom Vl. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS James Owen spoke regarding his victim assistance services company that helps families during disasters. Jim Mains described his recent involvement in a hit and run, sought clarification on the process for obtaining City traffic camera footage, and voiced his concerns about the unresponsiveness of staff. Mayor Stapleton acknowledged Mr. Mains concerns and suggested he communicate with officers present at the meeting. VII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Councilmember Barto • Attended the Newport Harbor Dredging Project Ribbon Cutting at Marina Park. • Announced a Water Quality/ Coastal Tidelands Committee (WQTC) meeting taking place Thursday, November 6, 2025. Councilmember Grant • Attended the Association of California Cities — Orange County (ACC-OC) tour of the Frank R. Bowerman Landfill and Bee Canyon Greenery. Volume 66 - Page 446 City of Newport Beach November 4, 2025 Councilmember Weber and Mayor Pro Tem Kleiman • Wished Councilmember Blom a happy birthday. Mayor Stapleton • Congratulated Public Works staff on the Newport Harbor Dredging Project. • Announced receipt of a $13,000 check for unclaimed property from the Orange County Auditor - Controller's Office. • Announced the Newport Chamber of Commerce Citizen of the Year Event on Thursday, November 6, 2025. VIII. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher questioned Item 4, Water Well Permit and Encroachment Agreement with the City of Fountain Valley; and Resolution No. 2025-76: Declaration of Intent to Issue Tax -Exempt Obligations (Bonds), regarding the $20 million tax-exempt obligations resolution, noting the staff report notes that bonds may not be issued yet asks for approval of intent to issue. He requested clarification on why this approval is needed now and what type of bonds are contemplated. Councilmember Weigand expressed pride and thanked staff for their efforts related to Item 4, Water Well Permit and Encroachment Agreement with the City of Fountain Valley; and Resolution No. 2025- 76: Declaration of Intent to Issue Tax -Exempt Obligations (Bonds). XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 3. Reading of Ordinances Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 4. Water Well Permit and Encroachment Agreement with the City of Fountain Valley; and Resolution No. 2025-76: Declaration of Intent to Issue Tax -Exempt Obligations (Bonds) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, In -Fill Exemption) of Title 14 of the California Code of Regulations (14 CCR § 15332) (Class 32 exemptions are for projects of certain criteria on a development site of five acres or less) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve a Water Well Permit and Encroachment Agreement with the City of Fountain Valley and Laguna Beach County Water District for the construction, operation and maintenance of a new municipal water well facility at 17902 Bushard Street; and c) Adopt Resolution No. 2025-76, A Resolution of the City Council of the City of Newport Beach, California, Regarding Its Intention to Issue Tax -Exempt Obligations, if needed. 5. Resolution No. 2025-77: Initiating an Amendment to Newport Place Planned Community Development Plan Related to the Minimum Percentage of Inclusionary For -Sale Housing within the Residential Overlay (PA2025-0196) a) Determine this action 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, Chapter 3; and b) Adopt Resolution No. 2025-77, A Resolution of the City Council of the City of Newport Beach, California, Initiating an Amendment to Newport Place Planned Community Development Plan (PC-11) Related to the Minimum Percentage of Inclusionary For -Sale Housing Within the Residential Overlay (PA2025-0196). Volume 66 - Page 447 City of Newport Beach November 4, 2025 Mayor Pro Tem Kleiman recused based on her spouse's business interests. Mayor Stapleton recused based on property interests at 4100 and 4110 MacArthur Blvd. CONTRACTSS AND AGREEMENTS 6. Approval of Amendment No. Two to Maintenance & Repair Services Agreement with Merchants Landscape Services, Inc. (Contract No. 8772-1) for Athletic Field Re -Sodding at Buffalo Hills Park. a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Budget Amendment No. 26-038 appropriating $189,000 in increased expenditures in Account No. 0108031-851030 from the General Fund unappropriated fund balance; and c) Approve Amendment No. Two to Maintenance and Repair Services Agreement with Merchants Landscape Services, Inc. for Landscape Services for Parks & Facilities to increase the on -call not to exceed amount by $189,000 for a total on -call not to exceed amount of $4,489,000 and a total overall contract NTE of $14,639,000, and authorize the Mayor and City Clerk to sign the amendment. 7. Irrigation Controller Replacement Phase 3 - Award of Contract No. 9924-1 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; b) Award Contract No. 9924-1 to Superb for the total bid price of $670,004 for the Irrigation Controller Replacement Phase 3 project, and authorize the Mayor and City Clerk to execute the agreement; and c) Establish a contingency of $33,500 (approximately 5% of the total bid) to cover the cost of unforeseen work not included in the original contract. 8. Approval of Amended and Restated Property Maintenance Agreement with Newport Coast Community Association 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 Amended and Restated Property Maintenance Agreement between the City of Newport Beach and the Newport Coast Community Association. MISCELLANEOUS Year -End Budget Results and Surplus Allocation 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 one-time waiver of policy elements C and D of City Council Policy F5 - General Fund Surplus Utilization; c) Approve Budget Amendment No. 25-088, authorizing the transfer of $2,789,008.85 from the Water Fund reserves to the General Liability Internal Service Fund (ISF); and d) Approve Budget Amendment No. 26-037, allocating the unrestricted operating surplus for Fiscal Year 2024-25. Volume 66 - Page 448 City of Newport Beach November 4, 2025 Motion by Mayor Pro Tem Kleiman, seconded by Councilmember Blom, to approve the Consent Calendar, including amendments to Agenda Item No. 1, the Minutes; and noting the recusal of Mayor Stapleton and Mayor Pro Tem Kleiman to Agenda Item No. 5. The motion carried 7-0. X. ITEMS REMOVED FROM THE CONSENT CALENDAR There were no items removed from the Consent Calendar. XI. CURRENT BUSINESS 10. Ordinance No. 2025-35 and Resolution No. 2025-78: Adding Provisions Related to Bicycle and Electric Bicycle Activity in the Public Right -of -Way 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) Introduce Ordinance No. 2025-35, An Ordinance of the City Council of the City of Newport Beach, California, Repealing and Replacing Chapter 12.56 (Bicycles - Registration and Regulations) of the Newport Beach Municipal Code, and pass to second reading on November 18, 2025; and c) Adopt Resolution No. 2025-78, A Resolution of the City Council of the. City of Newport Beach, California, Designating Sidewalks for Riding Bicycles and Electric Bicycles Pursuant to Section 12.56.030 of the Newport Beach Municipal Code and Rescinding Resolution No. 82-148. Public Works Director Dave Webb and Assistant City Attorney Yolanda Summerhill referenced a PowerPoint presentation and presented municipal code updates addressing e-bike safety. Assistant City Attorney Summerhill noted key provisions including updated definitions for various e-bike types, regulations for unsafe riding behaviors, enhanced penalties including bike impoundment for minors (requiring parent pickup), diversion program, and referenced an updated sidewalk cycling map. Jim Mosher questioned the public notification process and recommended a more thorough examination of the proposed modifications, especially in relation to e-bikes on sidewalks and permitting bicycles on all residential sidewalks. Councilmember Barto thanked staff and the working group, emphasized the importance of enforceability in addressing e-bike safety concerns, highlighted how the ordinance was crafted with insights drawn from other cities, and appreciated the inclusion of a diversion program. Councilmember Grant shared the significance of the ordinance as it addresses a top constituent issue, expressed strong support for the enhanced penalties, and emphasized that pedestrians would maintain the right-of-way on sidewalks Councilmember Weigand expressed hope that these new regulations would positively influence behavior. Mayor Pro Tem Kleiman extended her thanks to Councilmember Barto and staff and acknowledged the collaborative efforts in crafting the ordinance. Mayor Stapleton appreciated the comprehensive team effort and announced a future town hall meeting on November 19th to discuss e-bike and boardwalk safety on the peninsula. Volume 66 - Page 449 City of Newport Beach November 4, 2025 Motion by Councilmember Barto seconded by Mayor Pro Tern Kleiman, 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) Introduce Ordinance No. 2025-35, An Ordinance of the City Council of the City of Newport Beach, California, Repealing and Replacing Chapter 12.56 (Bicycles - Registration and Regulations) of the Newport Beach Municipal Code, and pass to second reading on November 18, 2025; and c) Adopt Resolution No. 2025-78, Resolution of the City Council of the City of Newport Beach, California, Designating Sidewalks for Riding Bicycles and Electric Bicycles Pursuant to Section 12.56.030 of the Newport Beach Municipal Code and Rescinding Resolution No. 82-148. The motion carried 7-0 11. Confirmation of Appointments to the Newport 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 physical change to the environment, directly or indirectly; and b) Confirm Mayor Joe Stapleton's appointments of Councilmembers Michelle Barto, Noah Blom, and Sara J. Weber to the Newport Beach Police Headquarters Assessment Committee. Motion by Councilmember Weber, seconded by Councilmember 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) Confirm Mayor Joe Stapleton's appointments of Councilmembers Michelle Barto, Noah Blom, and Sara J. Weber to the Newport Beach Police Headquarters Assessment Committee. The motion carried 7-0 XII. MOTION FOR RECONSIDERATION — None XIII. PUBLIC COMMENTS ON CLOSED SESSION There were no public comments on closed session items. XIV. CLOSED SESSION - Council Chambers Conference Room 12 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 2 matters. A. Property 12 Corporate Plaza, Newport Beach, CA 92660, APN 442-271-12. City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding Whitlinger, Real Property Administrator. Negotiating Parties: Junkins 12 Corporate Plaza, LLC. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. B. Property: 1201 Dove Street, Newport Beach, CA 92660, APN 427-221-06. City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding Whitlinger, Real Property Administrator. Negotiating Parties: Junkins 12 Corporate Plaza, LLC. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. Volume 66 - Page 450 City of Newport Beach November 4, 2025 13 CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter. Agency Designated Representative: Grace Leung, City Manager and Jonathan Holtzman, Esq., Negotiators. Employee Organization: Newport Beach City Employees Association. XV. CLOSED SESSION REPORT There was no closed session report. XVI. ADJOURNMENT IN MEMORY OF TOM LEGAULT Meeting adjourned at 6:36 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 30, 2025, at 12:00 p.m. Lena Shurnway City Clerk Volume 66 - Page 451