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Home My WebLink About11/07/2016 - Special MeetingCITY OF NEWPORT BEACH City Council Minutes Special Meeting November 7, 2016 I. ROLL CALL - 6:00 p.m Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon Excused: Council Member Petros II. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Muldoon . III. INVOCATION - Pastor Jim Domen, M. Div., Church United IV. NOTICE TO THE PUBLIC V. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS) Council Member Curry discussed the election and posting of Farsi signs. He requested the Council consider adopting a resolution condemning such election actions and requested a full investigation. Mayor Dixon encouraged residents to vote on November 8, 2016. She announced that City offices would be closed for Veteran's Day on November 11, 2016. VI. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher commented on Item 7, expressing concern with waiving of Council policies and shortened review time for the current meeting. He suggested adjourning the meeting to November 9, 2016 or later George Schroeder discussed the availability of the agenda packet on the internet and thanked City Manager Kiff for suggesting the meeting be held tonight rather than on Election night. In response to Mayor Dixon's question, City Attorney Harp indicated the City was following the Charter and confirmed there was no issue with holding the meeting. VII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 25, 2016 City Council Meeting [100-2016] 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) [100-2016] Volume 63 - Page 126 City of Newport Beach Special Meeting November 7, 2016 a) Find the adoption of the ordinance exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Guidelines; and 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 (PA2012-091). Mayor Dixon and Council Member Duffield recused themselves on Item 3 because they are members of the Newport Harbor Yacht Club. 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 (C-7090-1) [38/100-20161 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 (C-8079-1) [381100-20161 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 [100-20161 Receive and file. 7. Waive City Council Policy A-6 (Open Meeting Policies) - No staff report [100-20161 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. Motion by Mayor Pro Tem Muldoon. seconded by Council Member Curry, to approve the Consent Calendar, except for the item removed (8); and noting the recusals by Mayor Dixon and Council Member Duffield on Item 3. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon Absent: Council Member Petros Volume 63 - Page 127 City of Newport Beach Special Meeting November 7, 2016 XV. ITEM REMOVED FROM THE CONSENT CALENDAR 8. Cultural Arts Grants, 2016/17 [100-2016] Council Member Peotter requested continuing the item to the first meeting in January 2017 to allow the new Council Members to vote on the matter. Motion by Council Member Peotter to continue the item to the January 10, 2017 City Council meeting. The motion died for lack of a second. Motion by Council Member Curry, seconded by Council Member Selich, to approve the City Arts Commission recommends to 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 I-10 - Financial Support for Culture and the Arts. Tanner Hill, Vice President of Balboa Island Museum and Historical Society, accepted postponement, but requested the amount of the grant be reconsidered. The motion carried by the following roll call vote: Ayes: Council Member Duffield, Council Member Selich, Council Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon Nays: Council Member Peotter Absent: Council Member Petros IX PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Mosher discussed inappropriate campaign flyers. Bruce Boyd expressed concerns regarding the County land that is being used as a dog beach. X. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XI. PUBLIC HEARINGS 9. Newport Coast Annexation and Development Agreement Extension (PA2015-165) (C-3382- 1) [38/100-2016] Community Development Director Brandt explained that the recommendation was to continue the matter to November 22, 2016. Mayor Dixon opened the public hearing. Jim Mosher discussed the 300,000 square foot limit and suggested the California Coastal Commission be consulted. He expressed concern regarding the ongoing negotiations. He concurred with the request for continuance and suggested it be continued even longer to allow for California Coastal Commission input. Volume 63 - Page 128 City of Newport Beach Special Meeting November 7, 2016 Hearing no further testimony, Mayor Dixon closed the public hearing. Council Member Peotter requested continuing the matter to November 29, 2016. Motion by Council Member Peotter. seconded by Council Member Selich, to continue the public hearing to the November 29, 2016 City Council Special Meeting. City Manager Kiff explained the timeline and expiration of the current agreement at the end of the year. He stated there would be a two week window without an agreement in place if the item was continued to November 29, 2016. Substitute motion by Mayor Pro Tem Muldoon, seconded by Council Member Curry, to continue the public hearing to the November 22, 2016 City Council meeting. City Attorney Harp noted that Council Member Peotter could participate via teleconference; however, Council Member Peotter indicated he would not be available that day by phone. The substitute motion carried by the following roll can vote: Ayes: Council Member Duffield, Council Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon Nays: Council Member Peotter, Council Member Selich Absent: Council Member Petros 10. Adoption of the 2016 California Building Standards with Local Amendments 1100-20161 Assistant Community Development Director Jurjis provided the staff report Mayor Dixon opened the public hearing. W. R. Dildine expressed concern with the proposed amendment to move single-family dwellings and duplexes to the administrative section. He believed there was a lot of work being done in the City without proper permits. Assistant Community Development Director Jurjis reported that the residential code and building code were still in effect, the items were properly noticed, and he would meet with Mr. Dildine to discuss his concerns. Jim Mosher discussed his efforts to attend the prior meetings and requested information on the Building and Fire Code Board of Appeals' consideration. Hearing no further testimony, Mayor Dixon closed the public hearing. Council Member Peotter explained the process for adopting the codes and expressed the opinion that staff had done a good job including adjustments to benefit the City. Motion by Mavor Pro Tem Muldoon, seconded by Council Member Selich, to a) 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; b) 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 Volume 63 - Page 129 City of Newport Beach Special Meeting November 7, 2016 California Plumbing Code as Reasonably Necessary because of Local Climatic, Geographic, or Topographic Conditions; c) 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 H 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 with Local Amendments to '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; d) 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 e) 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. The motion carried by the following roll call vote: Ayes: Council Member PeotteDuffield, r, Council Member Dueld, Council Member Selich, Council Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon Absent: Council Member Petros Il. Local Coastal Program Implementation Plan (PA2013-001) [100-20161 Community Development Director Brandt stated the California Coastal Commission unanimously approved the City's reestablishment of the categorical exclusion area. Motion by Council Member Selich, seconded by Council Member Peotter, to a) 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 b) 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. Council Member Selich commended staff and Planning Program Manager Alford. Council Member Curry commended staff and Council Member Selich on their work on the Local Coastal Program Implementation Plan. Mayor Dixon congratulated staff and Council Member Selich. She asked about the impact on staffs workload. Community Development Director Brandt explained the City's review of projects and the new addition of the Coastal Development Permit component. Council Member Peotter explained the reduced need to go to the California Coastal Commission. He stated rights of the City were preserved and he commended staff and thanked Council Member Selich. Volume 63 - Page 130 City of Newport Beach Special Meeting November 7, 2016 Council Member Duffield discussed the Regional General Permit program (RGP54) that limits dredging and the need for California Coastal Commission approval. Community Development Director Brandt explained that the California Coastal Commission would retain authority of issues in the water, but the City would have permitting authority for Coastal Development Permits (CDP). City Manager Kiff clarified that the City approved permits on land.. Mayor Dixon opened the public hearing. Dennis Baker thanked Council Member Selich and staff for their work on the LCP IP. George Schroeder expressed appreciation for the City's work on the LCP IP. John Erskine, Back Bay Landing, commended staff and Council Member Selich for their work on the LCP IP. He discussed the appeal process for CDPs and the conflict over the shoreline height limitation zone. He requested the matter be addressed following certification. Jim Mosher expressed concerns about errors in the document and limited public input. Hearing no further testimony, Mayor Dixon closed the public hearing. Mayor Pro Tem Muldoon expressed his gratitude to Council Member Selich. He emphasized that the LCP IP provided local control. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon Absent: Council Member Petros 12. Withdrawal of the Appeal of the Denial of AutoNation Porsche Newport Beach Project, 320-600 West Coast Highway (PA2015-095) [100-20161 The item was removed from the calendar. XII. MOTION FOR RECONSIDERATION Motion by Council Member Duffield, seconded by Council Member Peotter, to reconsider Item 9 (Newport Coast Annexation and Development Agreement Extension (PA2015-165)). City Manager Ki£f stated a special meeting could be held to allow Council Member Peotter to vote on the matter. In response to Mayor Pro Tem Muldoon, City Attorney Harp stated the motion would fail if the vote was 3-3. In response to Council questions, City Attorney Harp explained that if the ordinance was adopted on December 13, 2016, it would take effect on January 13, 2017; therefore, there would be a 13 -day lapse in the agreement. He indicated there was good argument that the agreement would still be valid, but there is no case law. This could create a potential for legal challenge. Volume 63 - Page 131 City of Newport Beach Special Meeting November 7, 2016 The motion failed by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Nays: Council Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon Absent: Council Member Petros XIII. ADJOURNMENT - 7:02 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 on November 3, 2016, at 4:00 p.m. Ai4bw- City Clerk Volume 63 - Page 132