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Home My WebLink About01 - Minutes - AmendedCity of Newport Beach City Council Study Session January 14, 2014 Agenda Item No. 1 January 28, 2014 coast. Council Member Petros stated that private insurers are opting out of flood insurance. Building Manager /Chief Building Officer Jurjis stated there is an opportunity for private insurers to provide flood insurance adding that they assess risk differently than FEMA. Lee Pearl thanked Council for doing the study noting there is a tremendous fiscal impact on residents. He stated that changes can be made and that the cap on the sea wall is not as costly and will entail maintenance rather than reconstruction. Jeff Herdman, President of the Balboa Island Improvement Association, thanked Mayor Pro Tern Selich for pursuing this matter so aggressively. He thanked staff and Council for supporting this study and encouraged continued workon tthe,matter. Harold Parker commented on the loss of sand at the-smaller beach in Corona del Mar and provided testimony regarding a neighbor that had the floor• of his house cave in. Council Member Gardner stated that the City -has' plans/to put more sand on the beach at China Cove. /n '\\ Public Works Director Webb reported`that\ the fu,st phase of the Marina Park project that was recently approved will involve dredging out the new marina adding that 5,000 cubic yards have been permitted and slated for China Cove. He expects that to start some time in spring. He stated the importance for private property owners to ensure that their sea walls are intak. \J Don Abrams thanked / Mayor Pro'Tem Selich for his help on this issue and over the years as well as staff. H`a�pointed out that FEMA is difficult to work with and stated that if there is a brrivate'brovider he would like to know about it. Josh Yocam commen'te'd-on the study and asked if it involved the entire harbor. Building Manager /Chief Building Officer Jurjis responded in the affirmative. Additionally, stated that the BFE will affect the entire harbor, not just Balboa Island. Mr. YocamL'referenced ongoing mitigation construction to resolve the BITE and qualifying within the insurance program. Building Manager /Chief Building Officer Jurjis stated that the mitigation has to affect the entire island and that in order to mitigate a specific property the mitigation would be to raise the elevation of that particular parcel. Council Member Henn stated that the Peninsula is not currently designated within the flood plain. Building Manager /Chief Building Officer Jurjis reported that it is in a flood zone but that it is elevated at a higher elevation and is not in a hazard area so that there is no mandatory insurance issue. Mayor Hill thanked staff for the thorough report and hoped that the presentation can Volume 61 - Page 403 City of Newport Beach City Council Study Session January. 14, 2014 be placed on the City's website. He encouraged residents to review it. (Without objection from any member of the City Council, staff will continue to move (forward with this matter) III. PUBLIC COMMENTS Jim Mosher commended Council for taking the time last night, to discuss items on Closed Session on behalf of residents. Since there is no Closed Session tonight, he reminded Council that if it gathers between now and the regular Council meeting, conversation should not be about City business. He commented on City's litigation and how it is handled and paid for. Additionally, he commented about outsourcing legal services, and attending a recent meeting where a former City attorney was present. He added that he was surprised that he still represents the City on some matters and commented on his fees and retainer agreement. He expressed concern that the agreement is confidential and "leg ding the City's Policy prohibiting hiring a company if an employee has worked for the Citysin the last five (5) years. He felt that Council should retain oversight of contracting; IV. ADJOURNMENT - 6:16 p.m. The agenda for the Study Session was City's website; on January 9, 2014, at Board located in the entrance of the Drive; and on January 9, 2014, at 4:00 the entrance of the City Council Chair City Clerk o&Jan`uary 9, 2014, at 4:00 p.m. on the i\on the City Hall Electronic Bulletin ouncil Chambers at 100 Civic Center the�Meeting Agenda Binder located in 100 Civic Center Drive. Recording Secretary Mayor Volume 61 - Page 404 City of Newport Beach City Council Regular Meeting January 14, 2014 Council Member Henn reported that the Balboa Village Advisory Committee (BVAC) met on December 11, 2013 where it finished the last portion of the work plan for the year and on January 8, 2014 where it finalized the overall recommendations for the year for Balboa Village including a comprehensive set of recommendations for revitalization. These will move forward in a public outreach process and will have a CEQA review and be presented to the Planning Commission and Council for review.and adoption later this year. Council Member Henn stated that the Tidelands Management Committee met on December 18, 2013 and noted that the Tidelands Capital Plan will be regularly reviewed including updates and changes to the plan which includes $20 -$30 million in spending for the benefit of the Harbor. Additionally, the Committee reviewed the Harbor Commission's agenda and action items and discussed the Harbor Commission's report on public piers in the Harbor and staff was asked to move the process forward for Council consideration. Discussion also ensued regarding derelict vessels in the Harbor and staff was asked to return with specific recommendations to address the issue. The Committee also discussed the proposed Coastal Commission policy,reg ding sea -level rise. Council Member Gardner reported that, at the Water Quality /Coastal Tidelands Committee, meeting, Wanda Cross from Regional Water Quality ControVBoard spoke regarding natural source exclusion. She provided a brief description of the matter`addiessed potential necessary changes. XIV. PUBLIC HEARING 14. WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE - CODE AMENDMENT NO. CA2012 -004 (PA2012 054). [100 -20141 Council Member Daigle recudse'd %herself from this item since she works in the industry and has an economic conflict. �/%l Community Development \Director Brandt introduced the item, presented a brief background and deferred to staff fora report Principal Planner Campbell presented the background including adoption of the existing Ordinance, development' of a comprehensive revision and extensive review by the Plarming Commission. H /addressed highlights of the Ordinance, facility classifications, permit requirements, re . w authority and the need for public hearings for each classification. He reported the lreceipt of correspondence noting there is nothing significant in the correspondence that would require changes and presented recommendations as stated in the staff report. In response to Mayor Hill's inquiry regarding the process for a new, free- standing structure that has a stealth system, Principal Planner Campbell indicated that would be considered a new, free- standing structure and would require Planning Commission review. Council Member Gardner referenced a letter from -Paul O'Boyle relative to smaller cell sites and requested the rationale for denying the issue. Principal Planner Campbell reported that the matter was considered, that there is no definition for small cellular versus macro facilities and that by establishing a special review process for smaller sites would provide a competitive advantage for that type of technology, He stated that the City cannot make an Ordinance that provides preferential treatment for one technology over the other. Assistant City Attorney Mulvihill added that there was no defined size and without being able to codify that, the concern was that as these applications come through, depending on the Volume 61 - Page 411