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HomeMy WebLinkAbout02 - Draft Minutes for January 13, 2026January 27, 2026 CITY OF NEWPORT BEACH Agenda Item No. 2 City Council Meeting Minutes Regular Meeting January 13, 2026 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 II. STUDY SESSION Wireless Telecommunications Facilities: to improve telecommunications connectivity citywide, staff will present potential code amendments and policy changes related to personal wireless service facilities in the public right-of-way and identify opportunities to partner with carriers on City -owned properties. Staff will also seek City Council feedback on potential changes to regulations for personal wireless service facilities on private property. Councilmember Weigand recused himself from parti ngTFdWitif due to a conflict of interest. Planning Manager Ben Zdeba and Real Property Administrator Lauren Wooding Whitlinger presented the item and referenced a PowerPoint presentation. A Planning Manager Zdeba provided a brief background on when the City's wireless ordinance was last updated, noted a significant shift toward increased data usage ova er time, and listed recent service provider challenges. He reviewed a three -pronged approach to make connectivity a priority including code updates, policy updates, and partnerships. Real Property Administrator Whitlinger discussed the policy component, explaining that Council Policy L-23 provides direction on how city -owned properties may be used for telecommunication installations. Proposed updates would exempt these properties from planning and zoning code compliance, streamline the approval process by removing the 45-day Council notification period, update the list of eligible sites, and reflect current federally set rates for installations. Regarding partnerships, stiff proposed issuing an RFP to identify city -owned sites where carriers could partner with the City and each other to co -locate new macro site installations. PUBLIC COMMENTS Jim Mosher expressed concerns about removing public notice requirements, citing his personal experience with a cell site installation that had been approved without resident notification. He emphasized the importance of public input in the approval process. Adam Leverenz thought residents should have the opportunity to give their input on proposed sites and noted potential future public health considerations. Alicia Lucas expressed support for the updates and emphasized the need for improved cellular connectivity for working families. Laurie expressed concern for public health and was not supportive moving forward. Volume 66 - Page 473 City of Newport Beach January 13, 2026 Councilmember Grant requested clarification on the approval process, noticing requirements, and the objection process. Real Property Administrator Whitlinger explained that the carriers are still required to provide notices to residents within a 300-foot radius of the site and the City would consider objections in writing. Mayor Pro Tem Blom thanked staff for their presentation, emphasized the necessity to improve connectivity throughout the City, supported the code changes, but was not supportive of moving forward with an RFP. Councilmember Weber supported code updates and did not support an RFP. Mayor Kleiman noted the importance of advancing technological innovations while protecting neighborhoods, reiterated the necessity for updating outdated City policies and noted the importance of striking a balance in maintaining transparency and public participation processes. This item was approved by a straw vote of 6-0-1, with Councilmember Weigand recused. INVOCATION — Dave Manne, Pastor Emeritus - Caly Chapel of Costa Mesa PLEDGE OF ALLEGIANCE — Councilmember Barto PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS George Leslie commented on the Finance Committee meeting suspension item, expressing concerns regarding suspending future meetings and suggested enhancing transparency by announcing upcoming Finance Committee meetings at City Council meetings and having regular updates presented to Council. —% Jim Mosher also expressed concerns about4'S'A enFinance Committee meetings and thought the lack of paper copies of agendas and agendaerials resulted in less transparency. Steven Gerard spoke about the concept opersonhood cities" and extended an invitation for citizens to sign a petition related to this initiative. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Councilmember Barto • Spoke on the Baybridge Project scheduled for completion in early spring. • Shared Water Quality/Coastal Tidelands Committee updates and thanked outgoing members. Councilmember Grant • Announced the start of Newport Beach Restaurant Week taking place from January 15, 2026 — January 25, 2026. Councilmember Stapleton • Congratulated Visit Newport Beach and the Newport Beach Chamber of Commerce on the successful 117th Christmas Boat Parade. • Acknowledged Newport Beach Foundation's hosting of 200 meals for the police and fire departments. • Congratulated Utilities Director Mark Vukojevic on completing the Marcus Avenue Oil Capping Project. • Announced progress regarding the Lower Bay Dredging Project and thanked staff for their work. Volume 66 - Page 474 City of Newport Beach January 13, 2026 • Announced a Finance Committee meeting to take place on Thursday, January 15, 2026, at 3:00 p.m. Mayor Kleiman • Echoed congratulations to Utilities Director Vukojevic on completing the Marcus Avenue Oil Capping Project. • Reported on her participation in her first Orange County Transportation Authority (OCTA) meeting. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) Consider temporarily suspending Finance Committee meetings, and related appointments, while a City Council Ad Hoc Committee, consisting of up to three members appointed by the Mayor, evaluates the best ways to enhance transparency, accountability and efficient use of City resources, broaden policy perspectives, and increase public engagement in discussions relating to the fiscal governance and financial status of the City (Mayor Kleiman). Mayor Kleiman asked City Manager Seimone Jurj efly clarify the procedure relating to Al items. City Manager Jurjis clarified that this was a procedural request to place the item on a future agenda, not a deliberation on the substance of the item. This item was approved by a straw vote of 4-3. In favor: Blom, Weber, Kleiman, Weigand. No vote/abstained: Barto, Grant, Stapleton IF PUBLIC COMMENTS ON CON4SENZOLLENDAR Adam Leverenz appreciated the cTiang in procedil'l�relating to allowing the public to speak prior to entertaining a motion on the consent calendar, commented on Agenda Item 11 (Accept a Restricted Donation from the Newport Beach Police Foundation and Approve Purchase of New Patrol Rifles) and urged consideration of affordable housing as to Agenda Item 14 (Authorizing Receipt of Services Under the Regional Early Action Planning (REAP) 2.0 Program for Housing Element Implementation). Jim Mosher expressed concern about regarding changes to agenda items and questioned whether the resolution was to be modified relating to Agenda Item 4 (Resolution No. 2026-1: Updating the List of Designated Employees for 2026 Under the City s Conflict of Interest Code). IV. 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 December 9, 2025 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. ORDINANCES FOR ADOPTION 3. Ordinance No. 2025-37: Amending Various Positions of the Newport Beach Municipal Code to Reflect Organizational Restructuring to the City Attorney, Finance, Human Resources, and Public Works Departments Volume 66 - Page 475 City of Newport Beach January 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) Approve the reassignment of 67.5 full-time equivalent Public Works Department/ Municipal Operations Division position to the Municipal Operations Department; and c) Conduct second reading and adopt Ordinance No. 2025-37, An Ordinance of the City Council of the City of Newport Beach, California, Amending Various Provisions of the Newport Beach Municipal Code to Reflect Organizational Restructuring to the City Attorney, Finance, Human Resources, and Public Works Departments. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2026-1: Updating the List of Designated Employees for 2026 Under the City's Conflict of Interest Code 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. 2026-1, A Resolution of the Cit- ouncil of the City of Newport Beach, California, Updating the Appendix of Designated Employees and Appendix of Disclosure Categories of the City of Newport Beach ConflicInterest Code. O, k 5. Resolution No. 2026-2: Proclaiming the Termination of the Local Emergency Declared on October 22, 2025 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060( )(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. 2026-2, A Resolution of the City Council of Newport Beach, California, Proclaiming the Termination of the Local Emergency Declared on October 22, 2025, Related to the Seepage of Methane Gas and Oil ion Into a Residential Structure Located At 3606 Marcus Ave. - CONTRACTS AND AGREEMENTS 6. Amendment to On -Call Servicea Agreement with Vortex Services, LLC, for Pipe Lining Services a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. One to the On -Call Maintenance/Repair Services Agreement with Vortex Services, LLC, for On -Call Pipe Lining Services, and increase the contract amount by $750,000, and authorize the Mayor and City Clerk to execute the Agreement. 7. Amendment to On -Call Services Agreement with Superior Electric Motor Service, Inc, for Electric Motor Repair Services a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. One to the On -Call Maintenance Services Agreement with Superior Electric Motor Service, Inc., and increase the contract amount by $100,000, and authorize the Mayor and City Clerk to execute the Agreement. 8. Approval of On -Call Professional Services Agreements for Civil Engineering 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 Volume 66 - Page 476 City of Newport Beach January 13, 2026 b) Approve On -Call Professional Services Agreements with Stantec Consulting Services, Inc., DMc Engineering, and Q3 Consulting, Inc. for professional Civil Engineering planning, design and construction support services, with each agreement being for a term of five -years and a total not -to -exceed amount of $500,000 and authorize the Mayor and City Clerk to execute the agreements. 9. Item pulled from the Consent Calendar. 10. Corporation Yard, Utility Yard and Oilfield Gate Rehabilitation - Notice of Completion for Contract No. 9749-1 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 11. Accept a Restricted Donation from the Newport Beach Police Foundation and Approve Purchase of New Patrol Rifles A a) Determine this action is exempt from the California Fftvironmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Accept a restricted donation in the amount of $190,000 from the Newport Beach Police Foundation for the purchase of new patrol rifles and related equipment; c) Approve Budget Amendment No. 26-046 increasing revenue in'account 01035352-561005 and appropriating $190,000 to expenditure account 01035352-841023; and d) Approve a sole source procurement of 120 patrol rifles and related equipment from SIONICS Weapon Systems of Tucson, Arizona and authorize the City Manager to execute a purchase order in the amount not to exceed $190,000. 12. Via Lido Sewer Main Lining - Notice of Completion for Contract No. 9438-1 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. k 13. Budget Amendment to Accept a Check from the California Library Literacy Services and Appropriate the Funds to the Library's Fiscal Year 2025-26 Budget a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Accept a check in the amount of $41,935 from the California Library Literacy Services and approve Budget Amendment No.26-040 to increase expenditure by the same amount in the Literacy accounts. 14. Authorizing Receipt of Services Under the Regional Early Action Planning (REAP) 2.0 Program for Housing Element Implementation 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) Authorize the City Manager to sign the Regional Early Action (REAP) 2.0 Project Funding Letter Agreement on behalf of the City Council. 15. Grants and Donations Report for the Quarter Ending December 31, 2025 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15269(c), 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 Volume 66 - Page 477 City of Newport Beach January 13, 2026 b) Receive and file. 16. Ground Emergency Medical Transport Intergovernmental Transfer Voluntary Participation for Calendar Year 2026 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the City of Newport Beach's voluntary participation in the PP-GEMT-IGT program per AB 1705 for Calendar Year 2026, and authorize the City Manager to execute the Public Provider Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services Certification Forms and pay all necessary invoices. 17. Confirmation of Nominations to Fill Two (2) Unscheduled Vacancies on the Water Quality/Coastal Tidelands 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 nominations for (2) two vacancies on the Wat*Quality/Coastal Tidelands Committee. Motion by Mayor Pro Tem Blom, seconded by Councilmemh,-r Weber, to approve the Consent Calendar, including amendments to Agenda Item No. 1, the Minutes; and removal of Agenda Item 9 for further discussion at the request of Councilmember Stapleton. d The Motion carried by the unanimous vote: 7-0-0. City Clerk Lena Shumway read the adopted ordinance. ITEMS REMOVED FROM THE CONSENT CALENDAR 9. Amendment to Landscape Services Agreement for Medians and Roadsides with Brightview Landscape Services, Inc. (Contract No. 8651-1) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendm�nt Two to the Maintenance and Repair Services Agreement with Brightview Landscape Services, Inc. for Landscape Services for Medians and Roadsides to increase the on - call portion of the contract by $2,000,000 for a new on -call not -to -exceed amount of $6,380,068 and a total not -to -exceed amount of $21,249,760 and authorize the Mayor and City Clerk to sign the amendment. Councilmember Stapleton requested clarification regarding the item. Public Works Director Dave Webb explained that there was a previous amendment associated with the item. Motion by Councilmember Stapleton, seconded by Mayor Pro Tem Blom, to a) Approve Amendment Two to the Maintenance and Repair Services Agreement with Brightview Landscape Services, Inc. for Landscape Services for Medians and Roadsides to increase the on -call portion of the contract by $2,000,000 for a new on -call not -to -exceed amount of $6,380,068 and a total not -to - exceed amount of $21,249,760 and authorize the Mayor and City Clerk to sign the amendment. The Motion carried by the unanimous vote: 7-0-0. Volume 66 - Page 478 City of Newport Beach January 13, 2026 VI. CURRENT BUSINESS 18. Professional Services Agreement with Kimley-Horn and Associates, Inc. for Preparation of the Airport Area Specific Plan (PA2025-0035) 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 and authorize the Mayor and City Clerk to execute the Professional Services Agreement with Kimley Horn and Associates, Inc. for the Airport Area Specific Plan in an amount not -to -exceed $612,398 in a form substantially similar to the agreement attached to the staff report; and c) Approve Budget Amendment No. 26-047 to record a budget transfer of $102,159.01 from the General Fund to the General Fund CIP Fund where it will be expensed from 01201928-980000- 20M11. Councilmember Stapleton recused himself based on a conflict of interest due to real property interests. Mayor Kleiman recused herself based on her husband's b relationship within the area. s Mayor Pro Tem Blom chaired the meeting at this point. Principal Planner Liz Westmoreland referenced a PowerPoint presentation and provided a brief report on the item. I& Mayor Pro Tem Blom appreciated staffs efforts and thought t was a great first step. 1is Councilmember Weigand noted the importance of defining this new village, emphasized the importance of public outreach, and suggested various amenities to consider. Councilmember Gra� need to remain proactive and thanked staff for beginning this process. PUBLIC COMMENTS: Adam Leverenz was in favor of mild -use development, encouraged fulfilling RHNA numbers, and mentioned noise and traffic considerations. Jim Mosher commented on public outreach in the area and recommended postponing the contract until the pending federal court case is resolved. Adriana Forshay expressed support for the specific plan and requested that outreach include all property owners in the area. Motion by Councilmember Weigand, seconded by Mayor Pro Tem Blom, to a) Approve and authorize the Mayor and City Clerk to execute the Professional Services Agreement with Kimley Horn and Associates, Inc. for the Airport Area Specific Plan in an amount not -to -exceed $612,398 in a form substantially similar to the agreement attached to the staff report; and b) Approve Budget Amendment No. 26-047 to record a budget transfer of $102,159.01 from the General Fund to the General Fund CIP Fund where it will be expensed from 01201928-980000-20M11. The motion carried by the following vote: 5-0-2 (Councilmember Stapleton and Mayor Kleiman recused) Volume 66 - Page 479 City of Newport Beach January 13, 2026 19. Sculpture Exhibition in Civic Center Park - Phase X 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 10 sculptures and their placement and four alternate sculptures within Civic Center Park as selected by the public and recommended by the City Arts Commission for the temporary sculpture exhibit. Motion by Mayor Pro Tem Blom, seconded by Councilmember Barto, to a) Approve 10 sculptures and their placement and four alternate sculptures within Civic Center Park as selected by the public and recommended by the City Arts Commission for the temporary sculpture exhibit. The Motion carried by the unanimous vote: 7-0-0. VII. MOTION FOR RECONSIDERATION - None PUBLIC COMMENTS ON CLOSED SESSION There were no public comments on closed session. VIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION Government Code § 54956.9 (d)(4): 1 matter. B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956. )):�;iml att.Newport Beach Stewardship ssociaCity of Newport Beach Orange County Superior Court Case No. 30-2024-01428295 California Court of Appeals Case No. G065816 CLOSED SESSION REWRT F City Attorney Harp reported that there were no reportable actions taken during Closed Session. ADJOURNMENT - In memory of Hugh Logan Meeting adjourned at 5:34 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 January 8, 2026, at 12:00 p.m. Lena Shumway City Clerk Lauren Kleiman Mayor Volume 66 - Page 480