HomeMy WebLinkAbout01 - Minutes - Amended PagesCity of Newport Beach
Regular Meeting
December 13, 2016
January 10, 2017
Agenda Item No. 1
tract map was not before Council. City Attorney Harp discussed some options Council would have if
a valid referendum petition was submitted.
Mayor Dixon expressed disappointment and urged all sides to cease inappropriate political activity
and to make arguments with civility.
Council Member Peotter clarified the City's role to keep thepe
Council Member Curry believed voter intimidation and C`ouncil's acti n on the size of the petition
was wrong.
Council Member Selich discussed the three groups promoting different agendas.
Motion by Council Member Peotter, secorMed by Council Member Selich, to a) find that the
Museum House Project Environmental Impact Report (EIR) No. ER2016-002 (SCH No. 2016021023)
certified by the City Council on November 29, 2016, by Resolution No. 2016-126 was prepared for
the project in compliance with California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and City Council Policy K-3; b) conduct second reading and adopt 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; and c) conduct second reading and
adopt 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.
The motion carried by the following roll call vote:
Ayes: Council limber Peotter, Council Member Duffield, Council Member Selich, Mayor Pro
Tem Muldoon, Mayor Dixon
Nays: Council Member Petros
Abstain: Council Member Curry (pursuant to City Council Policy A-10, an abstention is counted
with the majority vote)
X. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Nancy Skinner commended the City on the Christmas decorations. She stated there could be
differences of opinions but urged fairness.
Joy Brenner urged Council to make a statement against controversial behavior and harassment. In
response to Mayor Dixon's question, City Manager Kiff stated the matter would have to go on a future
agenda.
XI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Duffield discussed the recent Watershed Committee meeting.
XII. CURRENT BUSINESS
15. Annual Concrete Replacement Program: FY17 - Award of Contract No. 7009-1 (17R06)
[38/100-2016]
Motion by Council Member Petros, seconded by Mayor Pro Tem Muldoon, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c)
(reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA
Volume 63 - Page 159
City of Newport Beach
Regular Meeting
December 13, 2016
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Peotter, to approve the
Consent Calendar, except item removed (Item 5),noting the abstention by Council Member Peotter on
Items 3 and 4; and moving Item 17 from Current Business to Consent Calendar.
The motion 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
IX. ITEM REMOVED FROM THE CONSENT CALENDAR
5. Second Reading and Adoption of Ordinance No. 2016-23 Amending the San Joaquin Plaza
Planned Community Located at 850 and 856 San Clemente Drive and Ordinance No. 2016-
24 Approving a Development Agreement for the Museum House Residential Project
Located at 850 San Clemente Drive (PA2015-152) (C-8318-1) [38/100-20161
Council Member Curry discussed the letter received from Susan Skinner questioning the validity of
the tentative tract map. City Attorney Harp explained that adoption of all the items established
consistency. In response to Council Member Curry's questions, City Clerk Brown stated the
referendum petition is due by December 29 and Police Department front office staff had been
deputized to receive them due to the City Hall holiday closure. City Attorney Harp stated the City
Clerk had the power to deputize staff. Police Chief Lewis assured that the Police Department was
available for assistance with campaign issues. Council Member Curry indicated support for the
project, but expressed disappointment in the campaign.
William Allen discussed an incident at Ralphs Market where senior citizens were being harassed
and indicated that he was physically attacked. Council Member Curry expressed concern for
Mr. Allen and clarified that the attackers appeared to be in support of the project.
Mayor Pro Tem Muldoon stated the campaign was contentious.
Dennis Baker displayed the referendum petition. He questioned why the 150 Newport Center
project was pulled at the last minute, discussed the special meeting on November 29, and discussed
the referendum petition due date. He stated some of the Council Members used the services of Dave
Ellis but believed that was questionable. He indicated there were phony petitions and mailers
using people's names without permission.
Nancy Skinner thanked Council Members Curry and Petros. She discussed the size and difficulty
with printing the referendum petition and requested Councils not hinder constitutional rights of
future petitioners.
Joy Brenner discussed prior contentious issues and implored Mayor Pro Tem Muldoon to reorient
his position to represent all citizens.
Jim Mosher believed it was improper to consolidate comments on agenda and non -agenda items. He
suggested the City Attorney clarify the status of the ordinances. He believed the planned
community was too small to be a planned community and the heights were inappropriate. He
stated the Council was being asked to sign a contract with OCMA Urban Housing LLC. He
questioned potential identity theft on the petitions.
Dr. Jack Skinner, reading a statement from Susan Skinner, believed the vesting tentative tract map
was incomplete and prevents Council from taking action. Community Development Director Brandt
clarified that the Land Use Element Policy indicated the northeast quadrant as an appropriate area
for high rise development, but it was not restricted to that location. She stated the vesting tentative
Volume 63 - Page 158