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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
SPECIAL MEETING
NOVEMBER 7, 2016
SPECIAL MEETING - 6:00 P.M.
DIANE B. DIXON, Mayor
KEVIN MULDOON, Mayor Pro Tem
KEITH D. CURRY, Council Member
DUFFY DUFFIELD, Council Member
EDWARD D. SELICH, Council Member
SCOTT PEOTTER, Council Member
TONY PETROS, Council Member
DAVE KIFF - City Manager
AARON HARP - City Attorney
LEILANI BROWN - City Clerk
CAROL JACOBS - Assistant City Manager
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT
Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours
prior to the scheduled City Council meeting.
PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted,
you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written
correspondence received by the City at or before the hearing.
NOTICE TO THE PUBLIC
The City provides a yellow sign -in card for those wishing to address the City Council to assist in the preparation of the
minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a
condition to addressing the City Council. If you do fill out the card, please place it in the box at the podium. Any times listed
in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given.
This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office located at 100 Civic
Center Drive (Bay E, 2nd Floor). Staff reports or other written documentation have been prepared or organized with respect
to each item of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other
documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. The agendas,
minutes and staff reports are also available on the City's website: http://www.newportbeachca.gov/agendas.
The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt
to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, prior to the meeting to inform us
of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(c�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
NOVEMBER 7, 2016
SPECIAL MEETING - 6:00 P.M.
ROLL CALL - 6:00 p.m.
PLEDGE OF ALLEGIANCE
III. INVOCATION - Pastor Jim Domen, M. Div., Church United
IV. NOTICE TO THE PUBLIC
The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion
of the card is not required in order to address the City Council. If the optional sign -in card has been
completed, it should be placed in the box provided at the podium.
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are generally limited to three (3) minutes per person to allow everyone to speak. Written
comments are encouraged as well. The City Council has the discretion to extend or shorten the
time limit on agenda or non -agenda items. As a courtesy, please turn cell phones off or set them in
the silent mode.
V. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM
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This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1 - 8). Public comments are invited on Consent Calendar from members of the
audience. Speakers must limit comments to three (3) minutes. Before speaking, please state your
name for the record. If any item is removed from the Consent Calendar by a Council Member,
members of the public are invited to speak on each item for up to three (3) minutes per item.
All matters listed under CONSENT CALENDAR are considered to be routine and will all be
enacted by one motion in the form listed below. Council Members have received detailed staff
reports on each of the items recommending an action. There will be no separate discussion of
these items prior to the time the City Council votes on the motion unless members of the City
Council request specific items to be discussed and/or removed from the Consent Calendar for
separate action.
VII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 25, 2016 City Council Meeting
Waive reading of subject 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.
ORDINANCE FOR ADOPTION
3. Second Reading of Ordinance No. 2016-16 for the Newport Harbor Yacht Club
Reconstruction - 720 West Bay Avenue (PA2012-091)
a) Find the adoption of the ordinance exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15302 of the CEQA Guidelines; and
City Council Meeting
November 7, 2016
Page 2
b) Conduct second reading and adopt Ordinance No. 2016-16, An Ordinance of the City
Council of the City of Newport Beach, California, Modifying the Effective Dates of City
Council Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance No. 2014-6
Regarding a Replacement Clubhouse for the Newport Harbor Yacht Club Located at
720 West Bay Avenue (PA 2012-091).
CONTRACTS AND AGREEMENTS
4. Approval of Amendment No. 1 to the Professional Services Agreement with Interwest
Consulting Group, Inc. for On -Call Public Works Inspection
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA);
b) Approve Amendment No. 1 to the current Professional Services Agreement with Interwest
Consulting Group, Inc. for on-call as needed Public Works Inspection services increasing
the original contract by $180,000; and
c) Authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement.
5. Amendment No. One to Professional Services Agreement with Newport Beach &
Company for Newport Beach Restaurant Association Business Improvement District
Marketing, Public Relations and BID Administration
a) Determine that the 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 it 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 Newport Beach
& Company for Newport Beach Restaurant Association Business Improvement District
Marketing and Public Relations and BID Administration, and authorize the Mayor and City
Clerk to execute the agreement.
MISCELLANEOUS
6. Planning Commission Agenda for the November 3, 2016 Regular Meeting
Receive and file.
7. Waive City Council Policy A-6 (Open Meeting Policies) - No staff report
a) Determine that the 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 it will
not result in a physical change to the environment, directly or indirectly; and
b) Waive City Council Policy A-6 relative to the provision on which regular meetings are held
for the month of November 2016, due to the General Municipal Election scheduled for
November 8, 2016.
8. Cultural Arts Grants, 2016/17
The City Arts Commission recommends that City Council:
a) Determine that the 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 it will
not result in a physical change to the environment, directly or indirectly; and
b) Approve the recommended recipients for FY 2016/17 Cultural Arts Grants as selected by
the City Arts Commission in accordance with City Council Policy 1-10 — Financial Support
for Culture and the Arts.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
VIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
November 7, 2016
Page 3
IX. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Public comments are invited on non -agenda items generally considered to be within the subject
matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before
speaking, please state your name for the record.
X. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XI. PUBLIC HEARINGS
9. Newport Coast Annexation and Development Agreement Extension (PA2015-165)
Continue the public hearing to the November 22, 2016 City Council meeting.
10. Adoption of the 2016 California Building Standards with Local Amendments
a) Conduct a public hearing;
b) Find the proposed actions are not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines,
because they will not result in a physical change to the environment, directly or indirectly;
c) Adopt Resolution No. 2016-118, A Resolution of the City Council of the City of Newport
Beach, California, Setting Forth Findings Based on Local Conditions within the City of
Newport Beach which make certain Modifications and Changes to the International
Property Maintenance Code, the California Building Code, the California Residential Code,
the California Electrical Code, the California Mechanical Code, and the California Plumbing
Code as Reasonably Necessary because of Local Climatic, Geographic, or Topographic
Conditions;
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2016-
17, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Title 15 of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division
11 of the 2016 California Building Code Designated as the Newport Beach Administrative
Code; to Adopt the 2016 California Historical Code, the 2016 California Existing Building
Code, the 2016 California Green Building Standards Code; and the 2016 California Energy
Code; and to Adopt the Local Amendments the 2015 International Property Maintenance
Code, the 2016 Edition of the 2016 California Building Code, the 2016 Edition of the
California Residential Code, the 2016 California Electrical Code, the 2016 California
Mechanical Code, and the 2016 California Plumbing Code, and pass to second reading on
November 22, 2016;
e) Adopt Resolution No. 2016-119, A Resolution of the City Council of the City of Newport
Beach, California, Setting Forth Findings Based on Local Conditions within the City of
Newport Beach which make Certain Modification and Changes to the 2016 Editions of the
California Fire Code as Reasonably Necessary because of Local Climatic, Geographic, or
Topographic Conditions; and
f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2016-
18, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Title 9 of the Newport Beach Municipal Code to Adopt the 2016 California Fire Code with
Local Amendments, and pass to second reading on November 22, 2016.
11. Local Coastal Program Implementation Plan (PA2013-001)
a) Conduct a public hearing;
b) Find that approval of the LCP Implementation Plan is statutorily exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15265(a) (1) of the California Code of
Regulations, Title 14, and Chapter 3 of the Coastal Act; and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2016-19, An Ordinance of the City Council of the City of Newport Beach, California,
Adding Title 21 to the Newport Beach Municipal Code and Approving the Local Coastal
Program Implementation Plan, as Modified by the California Coastal Commission, and
pass to second reading on November 22, 2016.
12. Withdrawal of the Appeal of the Denial of
320-600 West Coast Highway (PA2015-095)
Remove this item from the calendar.
MOTION FOR RECONSIDERATION
City Council Meeting
November 7, 2016
Page 4
AutoNation Porsche Newport Beach Project,
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the
previous meeting may be made only by one of the Council Members who voted with the prevailing
side.
ADJOURNMENT
Testimony given before the City Council is recorded.
The timing light will turn yellow when the speaker has one minute left.
The timing light will turn red when the speaker has 10 seconds left.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.