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HomeMy WebLinkAbout02/24/2026 - Regular MeetingCITY OF NEWPORT BEACH City Council Meeting Minutes Regular Meeting February 24, 2026 I. ROLL CALL — 4:00 p.m. Present: Mayor Lauren Kleiman, Mayor Pro Tem Noah Blom, Councilmember Michelle Barto (arrived at 4:03 p.m.), Councilmember Robyn Grant, Councilmember Joe Stapleton, Councilmember Sara J. Weber, Councilmember Erik Weigand INVOCATION — Councilmember Grant PLEDGE OF ALLEGIANCE — Mayor Pro Tem Blom II. PRESENTATIONS • Recognition of Newport -Mesa Unified School District Students Mayor Kleiman recognized the Newport Harbor High School Boys' Water Polo Team for winning the CIF Division 1 Regional Championship. A team representative expressed gratitude to Council for the recognition. Mayor Kleiman then recognized the Corona del Mar High School Girls Flag Football Team. Coach Theo Rocos praised his coaching staff and expressed appreciation for community support throughout the season. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS Adam Leverenz referenced slides, commented regarding harbor management, and advocated for affordable coastal access. Wade Womack expressed concerns about the appearance of expedited decision -making and emphasized good governance. Carmen Rawson spoke regarding Agenda Item 3 (Ordinance No. 2026-2: Amending Various Sections of the Newport Beach Municipal Code to Address Illegal Activity During High -Risk Periods) and questioned the "preponderance of evidence" standard and mandatory "shall be revoked" language within the ordinance. Anne Stenton appreciated the recent formation of the Public Lands Trust Management Ad Hoc Committee and requested monthly meetings with stakeholders. Jeff Flint spoke regarding Agenda Item 3 (Ordinance No. 2026-2. Amending Various Sections of the Newport Beach Municipal Code to Address Illegal Activity During High -Risk Periods), appreciated staffs work and expressed concerns regarding text within the ordinance. Robert Van Dyke also commented regarding Agenda Item 3 (Ordinance No. 2026-2. Amending Various Sections of the Newport Beach Municipal Code to Address Illegal Activity During High -Risk Periods), supported the ordinance's intent and recommended including clear language distinguishing responsible operators from those who don't take reasonable measures. Volume 66 - Page 504 City of Newport Beach February 24, 2026 Jim Mosher raised procedural concerns about agenda changes. Laura Curran opposed building a police station at the Civic Center Park. Reverend Ray Jordan — Corona del Mar Community Church arrived at 4:30 p.m. and provided a brief invocation. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Councilmember Grant • Attended the Mayor's Dinner and congratulated Mayor Kleiman on the event's success. Councilmember Stapleton • Echoed congratulations to Mayor Kleiman and praised her State of the City presentation. PUBLIC COMMENTS ON CONSENT CALENDAR Adam Leverenz spoke on Agenda Item 7 (Amendment to Professional Services Agreement for Video Production and Programming Services with TV Pro Gear, Inc. (Contract No. 9488-1) and thought that Harbor Commission meetings should be filmed by the City in the future. Anne Stenton also requested filming of Harbor Commission meetings for greater transparency. Laura Curran asked for clarification regarding the public comment process. 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 February 10, 2026 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. ORDINANCES FOR ADOPTION 3. Item pulled from the Consent Calendar RESOLUTIONS FOR ADOPTION 4. Resolution No. 2026-13: Limiting the Parking of Vehicles on Certain City Streets a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution 2026-13, A Resolution of the City Council of the City of Newport Beach, California, Limiting the Parking of Vehicles on Certain City Streets. Mayor Pro Tem Blom announced a conflict of interest on Agenda Item 4 due to real estate interests. Volume 66 - Page 505 City of Newport Beach February 24, 2026 CONTRACTS AND AGREEMENTS 5. Amendment No. One to On -Call Maintenance/Repair Services Agreement with South Coast Shipyard, Inc. for Rescue Boat Haul Out 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. 1 to On -Call Maintenance/Repair Services Agreement with South Coast Shipyard, Inc. for Rescue Boat Haul Out Services (Contract No. 9428-1) to extend the term to June 30, 2028, and to increase the contract amount by $150,000, for a total not -to -exceed amount of $270,000, and authorize the Mayor and City Clerk to execute the Amendment. 6. Newport Beach Fire Station No. 1 and Balboa Branch Library Project — Award of Contract No. 8865-5 (23F12) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1 - Existing Facilities), Section 15302 (Class 2 - Replacement of Reconstruction), and 15303 (Class 3 - New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; b) Approve the project plans and specifications; c) Approve Budget Amendment No. 26-054 appropriating $850,000 in new revenue and expenditures from a Federal Grant to Account Nos. 13501-431453-23F12 and 13501-980000- 23F12, respectively; d) Award Contract No. 8865-5 to AMG & Associates, Inc. for the total bid price of $13,178,000 for the Newport Beach Fire Station No. 1 and Balboa Branch Library Project, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $1,317,800 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract. 7. Amendment to Professional Services Agreement for Video Production and Programming Services with TV Pro Gear, Inc. (Contract No. 9488-1) 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 Amendment No. One to the Professional Services Agreement with TV Pro Gear, Inc. to increase the contract by $60,000 for a new not -to -exceed amount of $180,000 and authorize the Mayor and City Clerk to execute the amendment. MISCELLANEOUS 8. Irrigation Controller Replacement Phase 3 - Notice of Completion for Contract No. 9924- 1 (26P02) 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. 9. Cultural Arts Grants Fiscal Year 2025-26 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve recommended recipients for Fiscal Year 2025-26 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy I-10, Culture and Arts Grants. Volume 66 - Page 506 City of Newport Beach February 24, 2026 Motion by Mayor Pro Tem Blom, seconded by Councilmember Weber, to approve the Consent Calendar, including amendments to Agenda Item No. 2, the Minutes, excluding Agenda Item No. 3 and noting Mayor Pro Tem Blom's conflict of interest on Agenda Item No. 4. The Motion carried by the unanimous vote: 7-0-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. Ordinance No. 2026-2: Amending Various Sections of the Newport Beach Municipal Code to Address Illegal Activity During High -Risk 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; and b) Conduct second reading and adopt Ordinance No. 2026-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 1.04.060 (Safety Enhancement Zone) of Chapter 1.04 (Code Enforcement), Sections 5.95.045 (Conditions) and 5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short Term Lodging Permit), and Section 11.08.020 (Use of Shade Coverings) of Chapter 11.08 (Conduct on Beaches and Piers) of the Newport Beach Municipal Code to Address Illegal Activity During High -Risk Periods. Councilmember Barto requested the item be pulled and inquired about the enforcement process and coordination with other agencies. City Attorney Aaron Harp noted similar provisions exist in neighboring cities and explained that the code enforcement division would handle violations. He remained committed to working with staff on proper notification and commented that warnings are typically issued before citations. Councilmember Grant expressed full support for better beach safety and felt communication among staff could have been improved when drafting the ordinance. Councilmember Weigand addressed bad actors setting up beaches at 6 AM with paid staff, blocking beach access, calling this unacceptable behavior that should be cited. Mayor Pro Tem Blom supported the ordinance and prioritized ensuring emergency personnel access and lifeguard line of sight on beaches. PUBLIC COMMENTS Jeff Flint suggested a regular working group process between short-term lodging operators and City staff. Carmen Rawson questioned enforcement capabilities and requested information be sent to all residents, not just short-term lodging operators. Laura Curran supported the ordinance's safety intent while noting enforcement challenges. Ken Rawson suggested adding clarifying language to the ordinance and thought the shade coverings discussion should be referred to the Parks, Beaches, and Recreation Commission. Jim Mosher criticized mandatory permit revocation language within the ordinance, thought it needed improvements and did not support the item's adoption. Adam Leverenz referenced a slide and thought that the ordinance required further analysis. Wade Womack thought the item lacked prior public engagement and objected to reducing standard sizing requirements for shade structures. Volume 66 - Page 507 City of Newport Beach February 24, 2026 Mayor Pro Tem Blom noted that the City of Laguna Beach has similar shade covering regulations in place. Motion by Mayor Pro Tern 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; and b) Conduct second reading and adopt Ordinance No. 2026-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 1.04.060 (Safety Enhancement Zone) of Chapter 1.04 (Code Enforcement), Sections 5.95.045 (Conditions) and 5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short Term Lodging Permit), and Section 11.08.020 (Use of Shade Coverings) of Chapter 11.08 (Conduct on Beaches and Piers) of the Newport Beach Municipal Code to Address Illegal Activity During High - Risk Periods. The Motion carried by the unanimous vote: 7-0-0. City Clerk Shumway read the title of the adopted ordinance. III. PUBLIC HEARINGS 10. Resolution No. 2026-14: Substantial Amendment to the 2025-2026 Annual Action Plan for the Federal Community Development Block Grant Program a) Conduct a public hearing to receive comments on the Draft Substantial Amendment to the 2025-2026 Annual Action Plan; b) Find the approval of the Substantial Amendment to the 2025-2026 Annual Action Plan exempt from the National Environmental Policy Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34; c) Find the approval of the Substantial Amendment to the 2025-2026 Annual Action Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; d) Adopt Resolution No. 2026-14, A Resolution of the City Council of the City of Newport Beach, California, Approving a Substantial Amendment to the 2025-2026 Annual Action Plan for the Federal Community Development Block Grant Program; and e) Authorize the City Manager to: submit the Substantial Amendment to the 2025- 2026 Annual Action Plan to HUD; execute all related documents on behalf of the City; and authorize the Community Development Director, or his/her designee, to be the official representative of the City of Newport Beach, and to submit required environmental documentation for CDBG projects. Mayor Kleiman opened the public hearing at 5:08 p.m. Real Property Administrator Lauren Whitlinger gave a PowerPoint presentation and provided a brief report. Mayor Kleiman closed the public hearing at 5:12 p.m. Motion by Mayor Pro Tern Blom, seconded by Councilmember Weigand, to a) Conduct a public hearing to receive comments on the Draft Substantial Amendment to the 2025-2026 Annual Action Plan; b) Find the approval of the Substantial Amendment to the 2025-2026 Annual Action Plan exempt from the National Environmental Policy Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34; c) Find the approval of the Substantial Amendment to the 2025-2026 Annual Action Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the Volume 66 - Page 508 City of Newport Beach February 24, 2026 environment; d) Adopt Resolution No. 2026-14, A Resolution of the City Council of the City of Newport Beach, California, Approving a Substantial Amendment to the 2025-2026 Annual Action Plan for the Federal Community Development Block Grant Program; and e) Authorize the City Manager to: submit the Substantial Amendment to the 2025- 2026 Annual Action Plan to HUD; execute all related documents on behalf of the City; and authorize the Community Development Director, or his/her designee, to be the official representative of the City of Newport Beach, and to submit required environmental documentation for CDBG projects. The Motion carried by the unanimous vote: 7-0-0. V. CURRENT BUSINESS 11. Approval of Proposed Revisions to Various Council Policies a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2026-15, A Resolution of the City Council of the City of Newport Beach, California, Amending Various Provisions of the Newport Beach City Council Policies and Rescinding Council Policy D-4. Councilmember Grant raised several questions about policy revisions. She questioned deletion of language stating, "the City of Newport Beach is a City Council, City Manager form of government," wondering about the intent. City Manager Seimone Jurjis explained this information exists in the City Charter and was duplicative. Councilmember Grant further questioned removal of audit rights language from the discretionary grants policy. City Manager Jurjis explained audit provisions would be included in individual grant agreements rather than general policy. Regarding aviation policy changes, Councilmember Grant sought clarification about public comments. Staff confirmed only the red -line changes were made, adding EVTOL and drone references. Councilmember Grant questioned limiting alcohol prohibition language to facilities "operated by the department" in policy B-13, asking whether other municipal facilities should also restrict alcohol use. Recreation and Senior Services Director Sean Levin clarified that alcohol isn't allowed at any City facility except those specifically named, with special event permits providing the only exception requiring insurance and other requirements. Councilmember Grant expressed concerns about tree policy changes, noting the Parks, Beaches and Recreation Commission's request to defer the item to allow for further review. PUBLIC COMMENTS Jim Mosher highlighted several concerns with proposed Council Policy revisions. Parks, Beaches and Recreation Commissioner Keira Kirby thought the commission had insufficient time to provide feedback and requested additional time to review the proposed changes. Volume 66 - Page 509 City of Newport Beach February 24, 2026 Adam Leverenz thanked councilmembers for their work, suggested limiting policy updates to a few at a time in the future, and questioned ticket distribution procedures. Councilmember Weber supported the policy changes, viewing the Parks, Beaches and Recreation Commission as the knowledge base for tree policy decisions. Mayor Por Tem Blom moved, seconded by Councilmember Weber, to approve staffs recommendations. Councilmember Barto made a substitute motion to continue this item and review it at the next City Council meeting. Councilmember Grant seconded the motion. The motion failed by the following vote: AYES: Councilmembers Grant, Stapleton and Barto (3) NAYS: Councilmembers Weber, Weigand, Mayor Pro Tem Blom and Mayor Kleiman (4) Councilmembers then voted on the first motion. 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; and b) Adopt Resolution No. 2026-15, AResolution of the City Council of the City of Newport Beach, California, Amending Various Provisions of the Newport Beach City Council Policies and Rescinding Council Policy D-4. The motion carried by the following vote: AYES: Councilmembers Stapleton, Weber, Weigand, Mayor Pro Tem Blom and Mayor Kleiman (5) NAYS: Councilmembers Grant and Barto (2) 12. Citywide ADA Improvements - Award of Contract No. 9943-1 (26R12) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Approve Budget Amendment No. 26-051 appropriating $582,000 in new expenditures from the Community Development Block Grant to Account No. 12050502-821004-26R12; d) Award Contract No. 9943-1 to Heed Engineering for the total bid price of $429,400 for the Citywide ADA Improvements project, and authorize the Mayor and City Clerk to execute the contract; e) Establish a contingency of $86,000 (approximately 20% of total bid); and f) Approve Contract Amendment No. One to the Professional Services Agreement with Michael Baker International, Inc. for annual CDBG Administration and Affordable Housing Monitoring (Contract No. 9932-1) to increase the total contract amount by $31,185 for labor compliance services for the Citywide ADA Improvement project, for a total not -to -exceed contract amount of $427,435, and authorize the City Manager and City Clerk to execute the amendment. Motion by Mayor Pro Tem Blom, seconded by Councilmember Weigand, to a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Approve Budget Amendment No. 26-051 appropriating $582,000 in new expenditures from the Community Development Block Grant to Account No. 12050502-821004-26R12; d) Award Contract No. 9943-1 to Heed Engineering for the Volume 66 - Page 510 City of Newport Beach February 24, 2026 total bid price of $429,400 for the Citywide ADA Improvements project, and authorize the Mayor and City Clerk to execute the contract; e) Establish a contingency of $86,000 (approximately 20% of total bid); and 0 Approve Contract Amendment No. One to the Professional Services Agreement with Michael Baker International, Inc. for annual CDBG Administration and Affordable Housing Monitoring (Contract No. 9932-1) to increase the total contract amount by $31,185 for labor compliance services for the Citywide ADA Improvement project, for a total not -to -exceed contract amount of $427,435, and authorize the City Manager and City Clerk to execute the amendment. The Motion carried by the unanimous vote: 7-0-0. VI. MOTION FOR RECONSIDERATION — None PUBLIC COMMENTS ON CLOSED SESSION There were no public comments on closed session. City Attorney Harp read the closed session items. Councilmember Stapleton announced a conflict of interest on Closed Session Items A. and B based on property interest. V. 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 § 54956.9 (d)(1): 1 matter. Newport Beach Stewardship Association v. City of Newport Beach Orange County Superior Court Case No. 30-2024-01428295 California Court of Appeals Case No. G065816 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Palm Street Parking Lot - 600 & 608 East Balboa Boulevard and 209 Washington Street City Negotiators: Seimone Jurjis, City Manager and Lauren Wooding Whitlinger, Real Property Administrator. Negotiating Parties: Henry Pyle, Chartwell Real Estate Development Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. CLOSED SESSION REPORT City Attorney Harp announced that there was no closed session report. Volume 66 - Page 511 City of Newport Beach February 24, 2026 ADJOURNMENT Meeting adjourned at 7:13 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 19, 2026, at 12:00 p.m. Lena Shumway City Clerk Lauren Kleiman Mayor Volume 66 - Page 512