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HomeMy WebLinkAbout02/10/2026 - Regular MeetingCITY OF NEWPORT BEACH City Council Meeting Minutes Regular Meeting February 10, 2026 I. ROLL CALL — 4:00 p.m. Present: Mayor Lauren Kleiman, Mayor Pro Tem Noa INVOCATION — Councilmember Stapleton PLEDGE OF ALLEGIANCE — Councilmember Weber h 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 Schmitt 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. Coeli Hylkema 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. Volume 66 - Page 496 City of Newport Beach February 10, 2026 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 Volume 66 - Page 497 City of Newport Beach February 10, 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) 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. Volume 66 - Page 498 City of Newport Beach February 10, 2026 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 Tern 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; Volume 66 - Page 499 City of Newport Beach February 10, 2026 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. Volume 66 - Page 500 City of Newport Beach February 10, 2026 Volume 66 - Page 501 The Motion carried by the unanimous vote: 7-0-0 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. The Motion carried by the unanimous vote: 7-0-0 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. City of Newport Beach February 10, 2026 Volume 66 - Page 502 Mayor Kleiman opened the public hearing at 5:15 p.m. 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 of Newport Beach February 10, 2026 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. Lena Shumway City Clerk Lauren Kleiman Mayor Volume 66 - Page 503