HomeMy WebLinkAbout01 - MinutesDecember 13, 2016
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
November 22, 2016
I. ROLL CALL - 7:00 p.m.
Present: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member
Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Excused: Council Member Peotter
II. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Muldoon
III. INVOCATION - Council Member Petros
IV. NOTICE TO THE PUBLIC ®®
V. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS)
Council Member Selich announced the installation of the cow art exhibit throughout the City and
displayed photos of some of the cow art. WM"
Mayor Dixon stated she would be holding her final Mayor's Town Hall Meeting in the Friends Room of
the Central Library on December 5, at 6:30 pm. She reported that the Newport Beach Library was
ranked as a Star Library and congratulated library staff, supporters and volunteers. She also
mentioned the Let's Talk Tech training series that will be held in the Central Library Media Lab on
Tuesday evenings at 7:00 pm. She discussed the launch of the Business Ambassador Program.
Community Development Director Brandt expressed her excitement over the launch of the program.
VI. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of a Statement or Resolution Relating to Campaign Sign(s) Associated
with Candidate Fred Ameri (Curry)
City Clerk Brown explained the process pursuant to Council Policy A-6.
In response to Council Member Curry's question, Assistant City Attorney Torres stated public
comment was not required.
Council Member Curry believed that the item should be placed on a future agenda.
Mayor Dixon indicated the necessary votes were not received after a show of hands indicated only
Council Member Curry was the only Council Member in favor of furthering this item.
VII. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Petros expressed his gratitude that the Newport Theater Arts Center project was
completed (Item 11).
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Jim Mosher stated it was his understanding that the agenda would be light due to the holiday and
Council Member Peotter's absence, but noted there were several considerable items. He further
commented on Items 3 and 5.
VIII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 7, 2016 City Council Special 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 INTRODUCTION
Coastal Implementation Plan Amendment for the Lido House Hotel Floor Area
Expansion Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061) [100-
2016]
a) Find that all significant environmental concerns for the proposed project have been addressed in
previously certified environmental documents; and
b) Introduce Ordinance No. 2016-20, An Ordinance of the City Council of the City of Newport
Beach, California, Amending the Local Coastal Program, Title 21 of the Newport Beach
Municipal Code, by Increasing the Maximum Allowable Floor Area for the Lido House Hotel
Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061), and pass to
second reading on December 13, 2016.
ORDINANCES FOR ADOPTION
Adoption of the 2016 California Building Standards and Fire Codes with Local
Amendments [100-2016]
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) Conduct second reading and adopt 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 II 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 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
c) Conduct second reading and adopt 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.
5. Local Coastal Program Implementation Plan Second Reading (PA2013-001) [100-2016]
a) Find the proposal is statutorily exempt from California Environmental Quality Act pursuant to
Section 15265(a) (1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal
Act; and
b) Conduct second reading and adopt 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
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and Approving the Local Coastal Program Implementation Plan, as Modified by the California
Coastal Commission.
RESOLUTIONS FOR ADOPTION
One Year Extension of Outdoor Dining Pilot Program for Balboa Village (PA2015-137)
[100-20161
a) Find this action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines; and
b) Adopt Resolution No. 2016-120, A Resolution of the City Council of the City of Newport Beach,
California, Approving a Second Year of the Outdoor Dining Pilot Program within Balboa
Village.
Approval of Measure M2 Expenditure 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) Adopt Resolution No. 2016-121, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for
Fiscal Year Ending June 30, 2016. �- 1W
Resolution No. 2016-122 Amending the Memorandum of Understanding with the Newport
Beach Police Association (C-2056) [38/100-20161
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) Adopt Resolution No. 2016-122, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Second Side Letter of Agreement to the 2014-17 Memorandum of
Understanding between the City of Newport Beach and the Newport Beach Police Association
Regarding Further Amendments Clarifying Motor Officer and Canine Officer Compensation
Provisions.
CONTRACTS AND AGREEMENTS
Cameo Shores Pavement Reconstruction - Notice of Completion for Contract No. 5891
(Project No. 15R02) [38/100-20161
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project (On May 24, 2016 the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant Section 15302);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
10. 2014-2015 Citywide Slurry Seal Program - Notice of Completion for Contract No. 5895
(Project No. 15R04) [38/100-20161
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project (On April 28, 2015 the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant Section 15302);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
11. Newport Theater Arts Center Building Improvements - Notice of Completion of Contract
No. 7022-2 (Project No. 15F02) [38/100-20161
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a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project (This project was found exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15301(a));
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
12. Central and Mariners Libraries Restrooms Rehabilitation Project - Award of Contract
No. 8135-1 (15F02) [38/100-2016]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(a) of the CEQA Guidelines for Existing Facilities because the in-kind and in-place
rehabilitation of the existing interior restrooms will not result in a physical change to the
environment, directly or indirectly;
b) Approve the project drawings and specifications;
c) Award Contract No. 8135-1 to New Dynasty Construction Co. for the total bid price of
$429,810.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency amount of $43,190 (approximately 10 percent) to cover the cost of
unforeseen work not included in the original contract.
13. Approval of an Agreement with the County of Orange for Participation in the Surfside -
Sunset Stage 13 Orange County Beach Erosion Control Project (17H05) (C-8268-1) [38/100-
2016]
a) Acknowledge that the Army Corps of Engineers, acting as the lead agency, will process the
necessary environmental documentation for this project. The Army Corps will prepare an
Environmental Assessment in accordance with NEPA (National Environmental Policy Act).
The document will be circulated for public review once completed. It is anticipated that the
project will have a Finding of No Significant Impacts (FONSI) as was determined in the 2008
Stage 12 Project;
b) Authorize the Mayor to execute an agreement with County of Orange for a sand replenishment
project in the Huntington Beach Littoral Cell that covers the stretch of shoreline between San
Gabriel River and Newport Bay Harbor Entrance; and
c) Approve Budget Amendment No. 17BA-016 appropriating $40,000 from the unappropriated
Tidelands Maintenance Fund to Account No. 10001-980000-17H05 (Surfside -Sunset Coastal
Sand Replenishment).
9. n
14. InfoSend, Inc. — Amendment to Professional Services Agreement for Document Printing,
Mailing Services and Online Presentment (C-6211) [38/100-2016]
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 Council Policy F-14, approve Amendment No. One ("Amendment") to the current PSA
with InfoSend to provide document printing and mailing services, and online presentment, and
authorize the Mayor and City Clerk to execute the Amendment.
15. Approve a Memorandum of Understanding with the California Coastal Commission
(CCC) to Use the Donated Funds from Newport Harbor Yacht Club for the Central
Avenue Public Pier Project (C-8280-1) [38/100-2016]
a) Find the approval of the MOU between the City and the CCC for the use of donated funds for
the Central Avenue public pier project exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15303 (construction of limited, new small facilities) of the CEQA
Guidelines; and
b) Authorize the City Manager to sign the MOU between the City and the CCC for the use of
donated funds for the Central Avenue Public Pier project.
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Mayor Dixon and Council Member Duffield recused themselves on Item 15 because they are
members of the Newport Harbor Yacht Club
16. Amendment No. 1 to Agreement with Habitat for Humanity Orange County (C-6378)
[38/100-2016]
a) Find the project to be categorically exempt pursuant to Title 14 of the California Code of
Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act) under Class 1 (Existing Facilities); and
b) Approve and authorize the Mayor and City Clerk to execute the amendment to the agreement
with Habitat OC.
17. Community Programs Grants for Fiscal Year 2016-2017 (C-8281) [38/100-2016]
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;
b) Pursuant to City Council Policy A-12, find that the organizations listed below provide services
or programs that serve residents and are beneficial to residents' quality of life and authorize the
allocation of $40,000 in Community Programs Grants in the following manner:
Our Lady Queen of Angels Church - Helping Hands $7,100
Serving People in Need, Inc. (SPIN) 5,000
Share Our Selves Corporation (SOS) 5,000
Someone Cares Soup Kitchen ah5,000
Council on Aging 3,000
Boys and Girls Clubs of Central Orange Coast 3,000
Newport -Mesa Family YMCA 3,000
Youth Employment Services (YES) 2,200
Newport Harbor High School 2,200
Newport Beach Sister City Association 1,500
Advocates for Grandparent -Grandchild Connection 1,500
Speak Up Newport � 1,500
TOTAL $40,000
c) Allocate $25,000 for the Balboa Island Historical Society and $10,000 for the Newport Beach
Historical Society.
18. Agreement for As -Needed Athletic and Recreational Field Services with CSA Holdings,
dba Sports Field Services (C-8282-1) [38/100-2016]
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 agreement with CSA Holdings for as -needed athletic and recreational field services
for a three year term, and authorize the Mayor and City Clerk to execute the agreement.
19. Final Tract Map No. 17386 for Mixed -Use Development Located at 3900 and 3928 East
Coast Highway (C-8283-1) [38/100-2016]
a) Find this project exempt from California Environmental Quality Act (CEQA) pursuant to
Section 15268, Ministerial Projects (approval of final subdivision maps), of CEQA Guidelines
because it has no potential for a significant effect on the environment;
b) Review and approve Final Tract Map No. 17386 located at 3900 and 3928 East Coast Highway
(attached) pursuant to Section 19.60.010 of the Municipal Code; and
c) Review and approve the Subdivision Agreement for Final Tract Map No. 17386 pursuant to
Section 19.36.010 of the Municipal Code, and authorize the City Manager and City Clerk to
execute the Subdivision Agreement.
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MISCELLANEOUS
20. Planning Commission Agenda for the November 17, 2016 Regular Meeting [100-2016]
Receive and file.
21. Update on Water Use and Conservation Efforts - October 2016 [100-2016]
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) Receive and file.
22. Request to Waive a Portion of Council Policy L-21 to Accommodate a Sidewalk Cafe
(Outdoor Dining) within the Public Right -of -Way along Marine Avenue on Balboa Island
Adjacent to the Village Inn [100-2016]
Remove this item from the calendar.
23. Annual Reporting on Development Impact Fees and Development Agreements [100-2016]
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) Receive, review, and file the Annual Reports on Development Impact Fees and the Development
Agreements.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Duffield, to approve the
Consent Calendar; and noting the recusals by Mayor Dixon and Council Member Duffield on Item 15.
The motion carried by the following roll call vote:
Ayes: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member
Petros, Mayor Pro Tem Muldoon, M_ ayor Dixon
Absent: Council Member Peotter �
IX. ITEM REMOVED FROM THE CONSENT CALENDAR - None
X PUBLIC COMMENTS ON NON -AGENDA ITEMS
Joe Stapleton, Harbor Commissioner, announced that the Harbor Commission will be conducting a
special meeting on December 10, at 8:30 a.m., in order to hold an informational Harbor tour.
XI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Petros reported on the Aviation Committee meeting that was held on November 21, at
which the Committee moved to support the City's efforts against the Federal Aviation Administration
(FAA).
XII. PUBLIC HEARINGS
24. Newport Coast Annexation and Development Agreement Extension (PA2015-165) -
Newport Coast and Newport Ridge (C-3382) [38/100-2016]
Community Development Director Brandt presented a PowerPoint presentation, including
background, Newport Coast and Newport Ridge annexation area, land use regulatory documents
covering the area, development summary, cooperative agreement, and recommended terms of
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extension. She noted that a supplemental memo was distributed and corrections suggested by
Mr. Mosher would be made if approved.
Dan Miller, The Irvine Company, clarified that the units already existed and explained how the
annexation agreement came about. He objected to Section 5.2 and requested it be removed from the
Development Agreement. He discussed termination of the cooperative agreement. He believed that
the County's Local Coastal Plan (LCP) would still govern until the City's LCP was in effect. He
requested Council approve the Development Agreement with exception of Section 5.2.
Community Development Director Brandt explained the process if the City terminated the
Cooperative Agreement and amended its General Plan and Zoning Code.
Assistant City Attorney Torres noted the City has discretion to terminate the Development
Agreement, amend the General Plan, begin the process to terminate the Cooperative Agreement,
and take over LCP responsibility.
Dan Miller stated State legislation has to be considered because the Coastal Commission LCP
preempted the City. Assistant City Attorney Torres, respectfully, disagreed with Mr. Miller and
explained the need for consistency between the General Plan and LCP.
Mayor Dixon opened the public hearing.
Jim Mosher believed it was irresponsible for the City to take action prior to considering the effect of
planning in the area. He questioned whether the City could take over the County's LCP, asked if
the City's Newport Coast Advisory Committee provided its recommendation, and expressed concern
about the proposed conversion of hotel rooms into residences.
Hearing no further testimony, Mayor Dixon closed the public hearing.
In response to Council question, Assistant City Attorney Torres discussed whether or not The Irvine
Company could build, and explained it depended on timing and the City's actions. He stated the
Development Agreement was voluntary. He explained that, if Council took no action, the
Development Agreement would expire on January 1, 2017.
No action was taken on this item.
25. 191 Riverside Avenue Land Use and Zoning Amendments (PA2016-127) [100-2016]
Planning Program Manager Alford presented a PowerPoint presentation, indicating the proposed
amendments, displaying the project site and surrounding area, relationship to Mariners Center,
CEQA review, Land Use, and analysis under Charter Section 423.
Council Member Petros received confirmation from Planning Program Manager Alford that the
analysis was conducted using the maximum development scenario available under the General Plan
and Zoning Code.
Planning Program Manager Alford continued the presentation discussing the development
potential, traffic, parking, and next steps.
Susan Hori, Manatt Phelps and Phillips, representing the applicant, stated the proposal was for a
land use and zoning amendment to implement the General Plan vision. She discussed the Planning
Commission's recommendation of approval. She stated no development was being proposed and the
purpose was to make the zoning and land use consistent with the surrounding commercial
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development. She urged Council to approve the requested amendments. She explained parking for
the site and the reciprocal easement agreement.
Council Member Selich stated he previously voted against the matter in an effort to retain the post
office, which was done, therefore he now supports the proposal.
Mayor Dixon opened the public hearing.
Jim Mosher believed proposed General Plan amendments should come forward with a specific
project. He recommended the alternative Planning Commission recommendation to change the
zoning to General Commercial.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Council Member Petros discussed the 2014 decision and concern regarding the potential loss of the
post office. He commended the property owner for keeping his word and expressed hope that it
would continue. He indicated support for the project.
Motion by Council Member Petros, seconded by Council Member Duffield, to a) find that
the proposed project would not result in a potentially significant impact on the environment as
documented in Negative Declaration ND2016-004 by adoption of Resolution No. 2016-123, A
Resolution of the City Council of the City of Newport Beach, California, Adopting Negative
Declaration ND2016-004 (SCH No. 2014011028) for Land Use and Zoning Amendments Located at
191 Riverside Avenue, pursuant to the California Environmental Quality Act; b) adopt Resolution
No. 2016-124, A Resolution of the City Council of the City of Newport Beach, California, Approving
General Plan Amendment No. GP2016-002 and Local Coastal Plan Amendment No. LC2016-002 for
Property Located at 191 Riverside Drive; and c) waive full reading, direct the City Clerk to read by
title only, introduce Ordinance No. 2016-22, An Ordinance of the City Council of the City of Newport
Beach, California, Approving a Zoning Code and Local Coastal Program Amendment for Property
Located at 191 Riverside Avenue, and pass to second reading on December 13, 2016.
The motion carried by the following roll call vote:
Ayes: Council Member Duffield, Council Member Selich, Council Member Curry, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Peotter
26. Establishment of Fees for Coastal Development Permit Applications [100-20161
Community Development Director Brandt requested that Council establish a fee for coastal
development permits.
Mayor Dixon opened the public hearing.
Jim Mosher believed the statement on Page 26-2 should read November 22, not November 8. He
requested clarification on whether Coastal Development Permit decisions could be appealed to the
Coastal Commission. He questioned the statement on Page 26-4 of the resolution regarding MGT of
America determining the waiver fee in 2010.
Community Development Director Brandt stated the study came up with a rate of $198/hour which
was used to determine the flat fee.
Hearing no further testimony, Mayor Dixon closed the public hearing.
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Motion by Council Member Curry, seconded by Council Member Selich, 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) adopt Resolution No. 2016-125, A
Resolution of the City Council of the City of Newport Beach, California, Establishing a Coastal
Development Permit Fee and a Coastal Development Permit Waiver Fee Pursuant to Newport Beach
Municipal Code Section 21.50.040.
The motion carried by the following roll call vote:
Ayes: Council Member Duffield, Council Member Selich, Council Member Curry, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Peotter
XIII. CURRENT BUSINESS
27. Lido Fire Station No. 2 Replacement - Approval of Professional Services Agreement with
WLC Architects (C-8269-1) [38/100-2016]
City Manager Kiff indicated the agreement was over $500,000, therefore was placed on Current
Business rather than the Consent Calendar.
Motion by Council Member Curry, seconded by Council Member Petros, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302
(Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment; and
b) approve a Professional Services Agreement (PSA) with WLC Architects of Rancho Cucamonga,
CA for the Lido Fire Station No. 2 Replacement Project at a not -to -exceed price of $525,800.00, and
authorize the Mayor and City Clerk to execute the Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Duffield, Council Member Selich, Council Member Curry, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Peotter
28. Arches Diversion Project - Approval of Professional Services Agreement with Stantec
Consulting Services Inc. (16X11) (C-8279-1) [38/100-2016]
City Manager Kiff indicated the agreement was over $500,000, therefore was placed on Current
Business rather than the Consent Calendar.
Motion by Council Member Petros, seconded by Council Member Selich, to a) determine
the action is exempt from California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of CEQA Guidelines because it will not result in a physical change to the
environment, directly or indirectly; b) approve a Professional Services Agreement with Stantec
Consulting Services Inc. (Stantec) to prepare a field survey, construction documents, storm drain
easements, permit applications and perform flow and water quality monitoring for a not -to -exceed
price of $249,786, and authorize the Mayor and City Clerk to execute the Agreement; and c) approve
Budget Amendment No. 17BA-017 recognizing $839,500 in revenue for Arches Diversion Project
Account No. 13801-431500-16X11 and reducing appropriations for this project from $890,000 to
$839,500 in Account No. 13801-980000-16X11.
The motion carried by the following roll call vote:
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Ayes: Council Member Duffield, Council Member Selich, Council Member Curry, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Peotter
29. Review of Conceptual Street Layout Alternatives for Bayside Drive between East Coast
Highway and Jamboree Road/Marine Avenue [100-2016]
Council Member Selich recused himself from this item since he owns property on Bayside
Drive.
Public Works Director Webb presented a PowerPoint presentation, providing background on
Bayside Drive, project improvement needs, and resident comments.
Senior Civil Engineer Sommers continued the PowerPoint presentation outlining vehicle counts,
multi -modal peak hour counts, vehicle speeds, accident history, design alternatives, Concept 1 (Four
Lane Alternative), and Concept 2 (Hybrid Alternative) with a closer look at the roundabout.
In response to Mayor Dixon's question, Public Works Director Webb explained efforts to slow traffic
down in hopes of reducing incidents. w9EKAR 1W
Senior Civil Engineer Sommers discussed the roundabout analysis, lane reduction analysis,
community outreach and feedback, tentative schedule, and alternative summary.
In response to Council questions, Senior Civil Engineer Sommers discussed the bike lane width and
limit on the bike lane due to residential access. Public Works Director Webb discussed the concern
of Linda Isle residents regarding auto dealer unloading areas and the need for enforcement.
Public Works Director Webb discussed options for the entry off Coast Highway. He stated there
would be additional costs that have yet to be defined. He indicated confidence for the one lane
option due to traffic counts. He discussed emergency vehicle access and believed Concept 2 would
reduce speeding and accidents.
Peter Dunkel discussed the loss of two of his vehicles by speeders along Bayside Drive. He
expressed support for Concept 2 to reduce speed and traffic incidents.
Lori Teslow read a letter from her parents who live on Bayside Drive, indicating support for the
turnabout and discussing the need to protect residents and visitors from traffic hazards. She added
her own observations regarding the lack of neighborhood ambiance and support for a residential
roundabout and expanding the bike lane.
Seymour Beek discussed his use of Bayside Drive and requested retaining the existing
configuration.
Doug Simpson discussed his use of Bayside Drive and indicated support for a two lane road and
roundabout.
Sally Sopkin reminded Council to retain sight of traffic, speed and accidents. She indicated
opposition for the traffic circle due to aesthetics and bicyclist safety. She suggested reducing the
road to one lane to decrease speeding.
Gregson Hall expressed support for Concept 2.
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Michelle Hall urged the Council to approve Concept 2 and narrowing the road to one lane on each
side. She believed Concept 1 would not adequately reduce speeds and expressed concerns relative to
accidents and pedestrian safety.
Chad Hall discussed accidents in front of his home. He suggested the Council approve Option 2.
Carolyn Klein discussed the need for two lanes from Pacific Coast Highway into Linda Isle. She
stated all 103 Linda Isle homes oppose Concept 2.
Max Hampton discussed speeding issues from Linda Isle into the Pavilions parking lot. He
discussed traffic accidents at his home and the need to reduce speed.
Margo O'Connor indicated opposition to reducing the traffic lanes and constructing the roundabout.
She expressed concern with increased drunk driving on Bayside Drive. She suggested a third option
of repaving Bayside Drive and consideration of other options to reduce speed.
George Schroeder discussed his use of Bayside Drive and emphasized Council's need to do what was
best for the greater good. He discussed racing of Formula 1 cars on Bayside Drive.
Colin Berger expressed support for Concept 2 and discussed traffic safety issues and accidents.
Jack King discussed traffic issues on Bayside Drive and suggested installing a stop sign at Harbor
Island Drive or a roundabout. He presented photographs of similar four lane roads. He expressed
support for Option 2.
Council Member Petros reported a stop sign could not be installed to control speed.
Dave Brennan discussed speeding and accidents on Bayside Drive and expressed support for
Concept 2.
Marge Austin took issue that her driveway would be impacted if Bayside Drive were reduced to one
lane and discussed traffic issues. W
Jacques Sopkin reminded Council that Bayside Drive was the only bypass to Coast Highway.
Cheryl Dunkel expressed support for Concept 2 for safety reasons.
Council Member Curry thanked the residents for their input. He discussed the need to reduce
speeds and improve safety. He expressed support for Concept 2.
Council Member Petros discussed the loss of his friend and traffic accidents on Bayside Drive. He
stated it was necessary to slow traffic down to increase safety. He expressed support for Concept 2.
Motion by Council Member Petros, seconded by Council Member Curry, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301
(for repair, maintenance and minor alteration of existing public facilities with negligible expansion)
of the CEQA Guidelines, because it has no potential to have a significant effect on the environment;
and b) select Concept 2 (Hybrid Alternative) to move forward with in the design phase.
Council Member Duffield agreed with Council Member Petros and encouraged staff to help the
Linda Isle residents, and enforce offloading of vehicles and parking restrictions.
Mayor Pro Tem Muldoon indicated opposition to the proposal.
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City of Newport Beach
Regular Meeting
November 22, 2016
Mayor Dixon stated safety was the number one priority. She indicated support for proceeding with
Concept 2, considering the sidewalk and bike lanes, involving the entire community, and returning
to Council with the plan. Mayor Dixon emphasized that unlawful auto dealership unloading needed
to be dealt with.
Public Works Director Webb stated a design contract would be brought back to Council, followed by
a more detailed layout.
Without objection, Council Member Petros amended the motion to include consideration of
the four lane segment between PCH and Linda Isle.
The motion carried by the following roll call vote:
Ayes: Council Member Duffield, Council Member Curry, Council Member Petros, Mayor Dixon
Nays: Mayor Pro Tem Muldoon
Absent: Council Member Peotter
Recused: Council Member Selich
XII. MOTION FOR RECONSIDERATION - None
XIII. ADJOURNMENT - 9:51 p.m. 6f A
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 17, 2016, at 4:00 p.m.
IF
City Clerk
Mayor
Volume 63 - Page 144
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
November 29, 2016
I. ROLL CALL - 7:00 p.m.
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
II. PLEDGE OF ALLEGIANCE — Council Member Selich
III. INVOCATION — Council Member Curry
IV. NOTICE TO THE PUBLIC tt�,
V. PUBLIC COMMENTS ON NON -AGENDA ITEMS 40
Fred Ameri read a statement from retired Judge James Gray regarding racist campaign election signs.
He questioned why Mayor Dixon objected to Council Member Curry's proposed resolution.
Jim Mosher discussed the last minute agenda materials and recommended the City Clerk be held to the
same standard as Planning Commission staff. He discussed Council Member Curry's requested
resolution and believed the Brown Act was violated by not allowing the public to address the Council on
the matter. If
VI. PUBLIC HEARING ao
1. Museum House Residential Project (PA2015-152) - 850 San Clemente Drive [100-2016]
• General Plan Amendment No. GP2015-001
• Planned Community Development Plan No. PC2015-001
• Site Development Review No. SD2016-001
• Vesting Tentative Tract Map No. NT2016-001 (County Vesting Tentative Tract Map
No. 17970)
• Development Agreement No. DA2016-001
• Traffic Study (TPO) No. 2015-004
• Environmental Impact Report No. ER2016-002
• Use Permit No. UP2005-017 Revocation Drive
• Modification Permit No. MD2004-059 Revocation
Senior Planner Ramirez presented a PowerPoint presentation, highlighting the vicinity map, project
overview, requested entitlements, site plan, General Plan designation and proposed General Plan
Amendment, surrounding land uses, zoning, building height and scale, the High Rise Height Limit
Area, Charter Section 423 (Greenlight), the Environmental Impact Report (EIR), traffic, and the
development agreement.
Community Development Director Brandt discussed the required review and determination by the
Airport Land Use Commission.
Senior Planner Ramirez discussed the Planning Commission's recommendation of approval. He
stated the City had received 12 letters, 229 phone calls, and two petitions in opposition to the
project; and 29 letters, three phone calls, and one petition in support of the project.
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City of Newport Beach
Special Meeting
November 29, 2016
Bill Witte, Related California Urban Housing, LLC, discussed his family's involvement in the
community and background on the Museum House. He outlined the development vision, including
the need for pedestrian open space and retaining ocean views. He summarized the conclusions of
the EIR, including traffic, building height, and water usage. He discussed community outreach,
support, and public benefits.
Robert Stern, architect, presented their design philosophy, international practice, projects in
Southern California, and multifamily residential buildings, including The Century in Los Angeles.
He presented an image of the existing Newport Center Skyline.
Dan Lobitz, architect, presented the design and details of the Museum House project, including
project metrics, and the site plan, including entry, garden, ground floor plan, second floor plan,
typical floor unit layout, ceiling heights, views, elevations, fagade materials, high quality details,
and building height comparison.
Mr. Witte stated the project would be fully valet p `' He discussed affordable housing
development completed by his company.
Mayor Dixon opened the public hearing.
Cassie Taormina addressed expressed support for the project due to Related California's sensitivity
to the community and the need for the project.
Larry Tucker discussed the Planning Commission's approval of the project. He believed the
opponents' complaints were not justified.
Lynn Swain indicated opposition to the project due to impact to neighbors, including the increase in
traffic.
Thomas Nielson discussed his involvement with the Museum House, museum and arts in the
community and the General Plan Amendment.
Mike Kerr, Vice Chair of the Newport Beach Arts Commission, discussed the importance of the
building being deeded back for cultural arts and urged Council to provide adequate funding for
modifications and maintenance.
Tom Tucker indicated support for the proposed high rise residential development and urged Council
to approve the project.
Drew Lawler discussed his publication of Newport Center News in the 1980s and believed the
project was another development taking the City away from its roots. He questioned whether it was
the appropriate direction. He estimated the majority of residents would oppose the project and
expressed concern with water restrictions.
Randy Morrison Baird indicated confidence in the Planning Commission's review, EIR, and
developer and museum supporters' input on the project.
Michael Lawler questioned the Measure S analysis. He believed voter approval was required, the
proposed project was too dense, and the project did not belong in Newport Beach.
Lynne Hamilton Lang stated she was in favor of the Museum project due to design, style, height
and location. She requested Council approval of the project to allow construction of a museum in
Orange County.
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City of Newport Beach
Special Meeting
November 29, 2016
Eddie Mehrfar questioned the definition of public benefit and how more pollution, traffic and
pressure on utilities would benefit the residents.
Howard Lang stated he was initially opposed to the project, but now supported the project due to
the aesthetics, asset to the community, and funding for the art museum.
Kurt English encouraged Council to support the Museum project due to the benefit of property tax
revenue and developer fees. He discussed opposition to property rights and serial opposition.
Dorothy Kraus, SPON Board Member and Line in the Sand PAC, urged Council to vote no on all
requested discretionary approvals. She requested a show of hands by opponents and discussed the
petitions opposing the project.
Steve Younan indicated opposition to the project due to traffic and requested the project be put to a
vote of the people.
Craig Wells, President and Chairman of the Board of Trustees of the Orange County Museum of
Arts, discussed the need to move to the arts campus in Orange County and indicated support for the
project.
Gordon Glass expressed concern with the height of the project and suggested a compromise of
rezoning it for housing at 65 -feet.
Bolton Colburn discussed the opportunity for the Orange County Museum and urged Council to
approve the project.
Ruth Kobayashi expressed mixed emotions due to ongoing construction, but indicated support for
the project. She noted the developer had agreed to establish a neighborhood ambassador,
construction traffic would be prohibited on Jamboree and Santa Barbara, dedicate traffic
enforcement to the project, and coordinate advanced notification with the Police Department and
Harbor Cove.
Bruce Bartram stated the applicant's intent was to target the high end residential market and
questioned who would purchase the homes.
Roger Davidson discussed the type of residents that would live in the homes and the gift of the
Museum to Orange County and the City.
Brett Hales, business owner and tenant at Newport Center, stated the prospect of walking to work
was of interest and indicated support for the project.
Susan Skinner indicated opposition to the Museum House. She suggested voter approval of the
project and threatened a referendum.
Nancy Skinner suggested the project be put to a vote of the people and discussed the Greenlight
initiative.
Peter Tennyson believed the project would obstruct ocean views. He expressed support of the
Museum, but not at the expense of the quality of life of Newport Beach residents.
Vlad Anderson, President of Newport Beach Police Association, along with Newport Beach Fire
Association, indicated support for the project and urged Council to approve the project.
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City of Newport Beach
Special Meeting
November 29, 2016
Denise Baker, SPON Treasurer, discussed the signatories on the developer's petition, noting that
many were not Newport Beach residents and some were listed twice.
Louis Stavale expressed support of the proposed project and urged Council to approve it.
Pat Fuscoe indicated support for the project due to change, trends and pride.
Sharon Cook indicated opposition to the project due to the height, view blockage, and location.
Barry Allen expressed opposition to the project due to traffic and the need for a vote.
Bob Currie indicated support for the project and new museum.
Phillip Greer discussed the recent City Council election and votes for candidates opposed to the
Museum House. He believed the public did not want the property to be built. He questioned how
much Council was willing to spend to defend the referendum and lawsuit. He urged Council to vote
no on the project.
Carol Conover expressed concern about the proposed parking and traffic.
Robert Giem stated he met with the developer and had a favorable opinion of the project. He
indicated he embraced sensible change and the idea of moving forward in a positive direction when
given proper thought. He expressed support for the project.
Jim Mosher discussed the Airport Land Use Commission's request for a statement from the FAA
clearing the helipad. He commented on the earlier speaker's statement that 100 units had been
added and that Council was determining where the units should go. He believed a Greenlight vote
was necessary. -
Allen Beek urged the project be put to a vote of the people.
Anita Mishook indicated support for the project.
Jordie Brenner stated she believed in progress and beautifying the City, but believed improvements
needed to be done in a manner consistent with the beachside city. She expressed concern with all
future units invested into one tower and suggested the project be put to a vote of the people.
Joy Royalbold asked how the residents would benefit and suggested the project be voted on by the
people.
Paul McManigal discussed the Planning Commission's consideration and decision on the project.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Community Development Director Brandt discussed the documentation from the Airport Land Use
Commission staff indicating the intent of the condition had been met, explained that a vote was not
required for the requested General Plan Amendment, and addressed the transfer and conversion to
residential units of 79 unbuilt hotel units at the Marriot Center. City Attorney Harp concurred
with Community Development Director Brandt.
Council Member Selich thanked the public speakers. He provided an overview of his opinions on
the project and need to maintain an arts and cultural center in Newport Center. He noted OCMA
would sell the property whether or not the project was approved, although he would prefer the
entire property be maintained as an arts and cultural facility. He rebutted comments from SPON
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City of Newport Beach
Special Meeting
November 29, 2016
and Line in the Sand regarding a high rise, height, residential use General Plan Amendment, and
need to update to respond to the City's changing needs. He stated the project was consistent with
the goals for the Newport Center, reiterated that 100 units were allowed in the statistical area, and
noted the mitigation measures resolved traffic and construction noise issues. He explained that
denial of the project would not guarantee continued cultural use and one additional high rise would
not change the look and feel of Newport Center. He stated the tipping point for out of character,
massive development was the first high rise and that high rise structures had always been
anticipated in Newport Center. He rebutted that there were no long term environmental impacts
and the short term impacts would be mitigated. He stated the project would be at the forefront of
water conservation and there was no view or shadowing impacts. He commended the applicant on
the quality design and site plan and use of the highest quality materials. He discussed the need for
this type of housing which would help the City meet its regional housing needs assessment
numbers. He stated the development agreement provided $7.1 million in development fees and an
additional $2.6 million in park fees. He explained that he was a proponent of good community
planning and the need to balance quality of life with financial impacts. He discussed comments
received on the project and the need to determine what was best for the overall community. He
stated the project was well designed, fit the character of Newport Center, had no environmental
impacts, and provided significant financial benefits. He discussed preservation of arts and cultural
presence in the City and believed the project would enhance the quality of life for Newport Beach
residents. WMEEkAo
Motion by Council Member Selich, seconded by Council Member Peotter, to adopt
Resolution No. 2016-126, A Resolution of the City Council of the City of Newport Beach, California,
Certifying Environmental Impact Report No. ER2016-002 and Approving a Mitigation Monitoring
and Reporting Program for the Museum House Project Located at 850 San Clemente Drive (PA2015-
152).
In response to Council Member Selich's questions, Community Development Director Brandt read
alternative Resolution No. 2016-127 which: 1) incorporates and attaches the following in the
resolution: April 7, 2016 Planning Commission meeting minutes; September 1, 2016 Planning
Commission meeting minutes; October 20, 2106 Planning Commission meeting minutes; Planning
Commission Resolution No. 2033; a listing of the 11 zoning districts; Charter Section 423 Tracking
Table for Statistical Area L-1; Amended Land Use Element; Environmental Impact Report State
Clearing House 2016-021023 which includes the Notice of Preparation, Initial Study,
Environmental Analysis, Alternative Analysis, Appendices, Responses to Comments, and Revisions
to the Draft EIR; and 2) modifies Resolution Section 7 to add "The City Council has reviewed the
EIR and determined that no significant new information has been added to the EIR, therefore,
recirculation is not required pursuant to CEQA guidelines section 15088.5."
Motion by Council Member Selich, seconded by Council Member Peotter, to a) adopt
alternative Resolution No. 2016-127, as amended, A Resolution of the City Council of the City of
Newport Beach, California, Approving General Plan Amendment No. GP2015-001 to Change the
Land Use Designation from Private Institutional (PI) to Multi -Unit Residential (RM -100), for the
100 -Unit Museum House Residential Project Located at 850 San Clemente Drive and Adopting
California Environmental Quality Act Facts and Findings and a Statement of Overriding
Considerations regarding the Museum House Project (PA2015-152); b) waive full reading, direct the
City Clerk to read by title only, introduce Ordinance No. 2016-23, An Ordinance of the City Council
of the City of Newport Beach, California, Adopting Planned Community Development Plan No.
PC2015-001 Amending the San Joaquin Plaza Planned Community (PC -19) Located at 850 and 856
San Clemente Drive (PA2015-152), and pass to second reading on December 13, 2016; c) adopt
Resolution No. 2016-128, A Resolution of the City Council of the City of Newport Beach, California,
Approving Site Development Review No. SD2016-001 for the 100 -Unit Museum House Residential
Project and Revoking Use Permit No. UP2005-17 and Modification Permit No. MD 2004-059 Related
to the Orange County Museum of Art Located at 850 San Clemente Drive (PA2015-152); d) adopt
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City of Newport Beach
Special Meeting
November 29, 2016
Resolution No. 2016-129, A Resolution of the City Council of the City of Newport Beach, California,
Approving Tentative Tract Map No. NT2016-001 for the 100 -Unit Museum House Residential Project
Located at 850 San Clemente Drive (PA2015-152); e) adopt Resolution No. 2016-130, A Resolution of
the City Council of the City of Newport Beach, California, Approving Traffic Study No. TS2015-004
for the 100 -Unit Museum House Residential Project Located at 850 San Clemente Drive (PA2015-
152); and f) waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2016-24, An Ordinance of the City Council of the City of Newport Beach, California, Approving
Development Agreement No. DA2016-001 for the 100 -Unit Museum House Multi -Family Residential
Project Located at 850 San Clemente Drive (PA2015-152), and pass to second reading on
December 13, 2016.
Council Member Selich stated the factual documents should be included with any petition for a
referendum.
Council Member Peotter concurred with Council Member Selich's comments. He discussed
Greenlight as ballot box planning and pointed out that the Museum House project was in
accordance with Greenlight. He believed it was unfair to change the rules midstream. He discussed
Measure Y and Irvine Company Development Agreement considered at Council's last meeting, and
indicated that Measure Y did not apply to the Museum House. He stated Council was elected to
represent the people, the project complied with Greenlight, and was a quality development. He
urged voters to read all documents presented by SPON.
Mayor Pro Tem Muldoon asked if the applicant would like to rebut the public comments. Mr. Witte
stated his points were being made. He indicated respect for the arguments made on both sides, but
took issue with the inaccurate mailers; however, noted that reasonable people could disagree.
Council Member Petros thanked the speakers. He stated the project was proposed by a premier
developer and architect, and the process was conducted on the highest order. He stated he would
support the project, but more so supports representative government. He discussed the Measure Y
vote in which 70% of voters decided that intensified development was not for Newport Beach. He
stated, as much as he liked the project, its financial benefits and no environmental impacts, his
personal opinion had to be subordinate to the will of the people and would not support the project.
Council Member Curry expressed disappointment with behind the scenes lobbying. He stated there
were good arguments on both sides of the debate. He stated the proponents of Measure Y needed to
be heard, but it was a premier development that would enable far greater museum facilities. He
believed the advantages outweighed the negatives. He stated he understood the opponents would
circulate a referendum petition and felt Council should just place the matter on the ballot, but did
not think Council would have the votes to do it. He stated it was necessary to remove Section 7
from the resolution in order to allow the petitions to be circulated and that the attachments were
nothing more than an effort to circumvent the people's right to petition the government.
Council Member Duffield took issue to the statement that he was a puppet for Dave Ellis. He stated
he was torn over moving the museum to Costa Mesa since his mother was a founder of the Newport
Beach Art Museum. He believed it was fiscally irresponsible to vote against the project. He pointed
out he believed in the Planning Commission's unanimous approval and work of the staff; therefore,
he would be voting in support of the project.
Mayor Dixon thanked Council Member Selich for his thoughtful comments and explanation behind
the City's planning process and principles. She thanked those that submitted correspondence and
the public speakers. She stated the people care about the community, although they differ in
opinions on development. She reminded everyone that reasonable people could disagree but yet
remain reasonable. She emphasized her role was to represent all the people of Newport Beach. She
indicated support for the project due to the community benefits and contribution to the City's
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City of Newport Beach
Special Meeting
November 29, 2016
beauty and architectural excellence. She encouraged residents to view the projects on RAMSA's
website. She discussed the ability to amend the General Plan and need to reflect the updated vision
for the future. She addressed the Measure Y issue and stated the Museum House proposal was not
a Measure Y project, rather would add 100 dwelling units. She indicated her intent to help the
community understand the relationship between quality development and quality of life She
discussed the 64 parks funded with proceeds from development agreements and that private
development enhanced property values. She suggested requiring an additional $4 million to fund
the following community projects: $1 million for new Junior Lifeguard headquarters, $1 million for
a Central Library community lecture hall, and $2 million for West Newport / Coast Highway
landscaping.
In response to Mayor Dixon's suggestion, Mr. Witte stated, although no developer liked to be asked
to contribute more money, he endorsed funds being allocated to specific projects.
Mayor Dixon suggested a friendly amendment to Council Member Selich's motion to amend
Section 3, Public Benefit, Subsection 3.1, Public Benefit Fee, of the Development Agreement as
follows: a) increase $71,100 public benefit fee per residential unit by $40,000 per unit, for a total of
$111,100 per residential dwelling unit, or for a total of $11,110,000 for the projects 100 dwelling
units; and b) add a new paragraph to the end of subsection 3.1 to read, "The public benefit fees shall
be allocated as follows:
$5.1 million shall go to the facilities finance plan for future projects that have been targeted;
$2 million shall go to the donation parcel for arts and cultural purposes;
$1 million towards a new Junior lifeguard facility;
$2 million towards the West Newport Landscaping project on Coast Highway; and
$1 million towards a new lecture hall for the Central Library."
Council Member Selich and Council Member Peotter accepted the amendment.
Motion by Council Member Curry, seconded by Council Member Petros, to amend the
motion to strikeout the requirement in Section 7 for the EIR and additional documents proposed by
Council Member Selich to be attached to the ordinance.
Council Member Curry believed it was fundamentally unfair, undemocratic and in violation of the
oaths taken by Council to require the proposed attachments.
Mayor Pro Tem Muldoon stated the EIR had to be attached, but suggested the minutes could be
removed to not be over burdensome to petitioners.
Council Member Peotter agreed with removing the minutes, but stated the other items aid in
transparency.
Council Member Curry reiterated his opinion that attaching the EIR was circumventing the petition
process.
Council Member Curry's motion failed by the following vote:
Ayes: Council Member Curry, Council Member Petros
Nays: Council Member Peotter, Council Member Duffield, Council Member Selich, Mayor Pro
Tem Muldoon, Mayor Dixon
Council Member Peotter suggested an amendment to Council Member Selich's amended
motion to remove the Planning Commission minutes as an attachment to Resolution No. 2016-127.
Council Member Selich accepted the amendment.
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City of Newport Beach
Special Meeting
November 29, 2016
Council Member Peotter expressed concern with requiring the developer to pay an additional
$4 million and that the allocations had not been discussed by Council. He stated he would prefer
allowing Council the flexibility to allocate the $4 million as it sees fit. He requested the funding
designations be removed.
Motion by Council Member Peotter, seconded by Council Member Duffield, to amend
Mayor Dixon's friendly amendment to remove the specific allocations for the funds from the
Development Agreement.
City Attorney Harp stated the Development Agreement would have to be amended once the specific
allocations were made.
Council Member Peotter's motion failed by the following vote:
Ayes: Council Member Duffield, Council Member Peotter, Mayor Pro Tem Muldoon
Nays: Council Member Curry, Council Member Petros, Council Member Selich, Mayor Dixon
Council Member Selich's motion to adopt Resolution No. 2016-126 carried by the following roll call
vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
City Attorney Harp clarified that Council would now be voting on Recommendations c through h
including the attachments proposed by Council Member Selich in Resolution No. 2016-127, except
for the Planning Commission minutes, and including an additional $4 million with the designation
of funds as proposed by Mayor Dixon.
Council Member Peotter indicated he could not support the motion with Mayor Dixon's
amendments.
Council Member Selich's amended motion on Recommendations c through h failed by the following
roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Dixon
Nays: Council Member Peotter, Council Member Duffield, Council Member Petros, Mayor Pro
Tem Muldoon
Motion by Council Member Peotter, seconded by Council Member Selich, to a) adopt
alternative Resolution No. 2016-127, as amended, A Resolution of the City Council of the City of
Newport Beach, California, Approving General Plan Amendment No. GP2015-001 to Change the
Land Use Designation from Private Institutional (PI) to Multi -Unit Residential (RM -100), for the
100 -Unit Museum House Residential Project Located at 850 San Clemente Drive and Adopting
California Environmental Quality Act Facts and Findings and a Statement of Overriding
Considerations regarding the Museum House Project (PA2015-152), including the preferred use of
funds as set forth by Mayor Dixon, but allowing future City Councils the opportunity to use funds
for a similar public benefit; b) waive full reading, direct the City Clerk to read by title only,
introduce Ordinance No. 2016-23, An Ordinance of the City Council of the City of Newport Beach,
California, Adopting Planned Community Development Plan No. PC2015-001 Amending the San
Joaquin Plaza Planned Community (PC -19) Located at 850 and 856 San Clemente Drive (PA2015-
152), and pass to second reading on December 13, 2016; c) adopt Resolution No. 2016-128, A
Resolution of the City Council of the City of Newport Beach, California, Approving Site Development
Review No. SD2016-001 for the 100 -Unit Museum House Residential Project and Revoking Use
Permit No. UP2005-17 and Modification Permit No. MD 2004-059 Related to the Orange County
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City of Newport Beach
Special Meeting
November 29, 2016
Museum of Art Located at 850 San Clemente Drive (PA2015-152); d) adopt Resolution No. 2016-129,
A Resolution of the City Council of the City of Newport Beach, California, Approving Tentative Tract
Map No. NT2016-001 for the 100 -Unit Museum House Residential Project Located at 850 San
Clemente Drive (PA2015-152); e) adopt Resolution No. 2016-130, A Resolution of the City Council of
the City of Newport Beach, California, Approving Traffic Study No. TS2015-004 for the 100 -Unit
Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152); and f) waive
full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2016-24, An Ordinance of the City Council of the City of Newport Beach, California, Approving
Development Agreement No. DA2016-001 for the 100 -Unit Museum House Multi -Family Residential
Project Located at 850 San Clemente Drive (PA2015-152), and pass to second reading on
December 13, 2016.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Duffield, Council Member Peotter, Council
Member Selich, Mayor Pro Tem Muldoon, Mayor Dixon
Nays: Council Member Petros
City Manager Kiff and Mayor Dixon thanked Community Development Department staff and
Assistant City Clerk Nelson. 01 IV
VII. MOTION FOR RECONSIDERATION - Non
VIII. ADJOURNMENT — 10:40 p.m.
The agenda was posted on the City's website and on the City
located in the entrance of the City Council Chambers
November 23, 2016, at 4:00 p. - W
City Clerk
Mayor
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Hall Electronic Bulletin Board
t 100 Civic Center Drive on