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HomeMy WebLinkAbout01 - MinutesApril 9, 2019 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Study Session and Regular Meeting March 26, 2019 I. ROLL CALL - 4:00 p.m. II. Present: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon (arrived at 5:09 p.m.), Mayor Pro Tem Will O'Neill, Mayor Diane Dixon SSI. Clarification of Items on the Consent Calendar Discussion ensued relative to the formation and purpose of the Homeless Task Force (Item 4). SS2. Public Advisory and Informational Presentation on the Asian Citrus Psyllid (ACP) and Huanlongbing (HLB) Disease Public Works Director Webb and Park Maintenance Supervisor Pekar gave a brief overview of the item and introduced Victoria Hornbaker, Interim Citrus Program Director with the California Department of Food and Agriculture, Jeff Croy, Orange County Agricultural Commissioner, and Michael Kuhs, Director of Public Affairs and Government Relations with Nuffer, Smith, Tucker Public Relations. Ms. Hornbaker, Mr. Croy and Mr. Kuhs utilized a PowerPoint presentation to discuss the damage ACP and HLB causes to citrus trees, the economic impacts, areas of quarantine, detection, testing, the prevention program, public outreach, and noted more information can be found at CDFA.CA.gov/plant/acp and CaliformaCitrusThreat.org. In response to Council questions, Ms. Hornbaker and Mr. Croy indicated there is currently no cure for HLB, the Orange County Mosquito and Vector Control District is not involved in the program, people can call 800-491-1899 if they see signs of the disease, cities and countries with large citrus production are being impacted, California is doing everything it can to prevent HLB, and that a video could be provided to the City to display on NBTV. Vanessa Armstrong questioned using the same methods used in Florida, requested the City cease using synthetic fertilizers and pesticides, suggested improving microbial life in the soil, listed health impacts, and expressed concern with mass spraying of antibiotics over residences. Kathleen Hallal provided studies that discussed concerns relative to what is being done to prevent HLB and the use of antibiotics and pesticide spraying. Public Works Director Webb indicated that all concerns regarding aerial spraying should be directed to the State of California. SS3. Review of City's Integrated Pest Management (IPM) Policy Public Works Director Webb, Deputy Public Works Director Martin, and Park and Tree Superintendent Sereno utilized a PowerPoint presentation to provide examples of the City's science -based IPM program and discuss various weeds found in the City, why weeds are abated, the City's prevention measures and action plan, warning labels, Proposition 65, toxicity levels of synthetic chemicals, synthetic versus organic weed control, the pilot program at Lincoln Elementary School, the current landscape maintenance budget, and staff recommendations. Volume 64 - Page 62 City of Newport Beach Study Session and Regular Meeting March 26, 2019 Discussion ensued between staff and Council regarding County pest control standards, different toxicity levels and those used by the City, the dangers of using organic products, the pros and cons of utilizing artificial turf throughout the City, test programs, and the landscape maintenance budget. Nancy Gardner believed the City is the signatory for the Nature Reserve of Orange County, noted there are thousands of acres to manage, and indicated there will be times when synthetic pesticides might need to be utilized as some organic sprays do not work. Jennifer Irani indicated she has not seen posted signs during spraying nor were there labels on the trucks to indicate what was being sprayed, and took issue that the spraying occurred during high winds with adults, children and dogs in the area. Adam Swerdlow displayed a photo of his deceased pet, believed his death was due to the spraying of RoundUp, expressed concerns that no signs are being posted, and requested the City stop using pesticides. Mila Zou, Portola High School, described the effects of synthetic pesticides on humans and animals and requested the City create a healthier environment by adopting an organic -only pest control management plan. Alice Li, Portola High School, explained the dangers of pesticides on people and animals, listed surrounding cities that have adopted an organic pesticide program, and requested that the City do the same. Eric Lin, Northwood High School, commented on a possible lack of research behind the chemicals and synthetic pesticides the City uses, asked if anyone is checking the chemicals being used, and questioned the reliability of the toxicity graph. Angela discussed the health issues connected to exposure to pesticides containing Glyphosate, believed there is a worldwide movement to limit the use of Glyphosate, and asked the City to refrain from using the product until more information is released. Eric Gao, Northwood High School, expressed concerns with using pesticides with Glyphosate, discussed the health impacts it has on humans, and requested the City have a zero tolerance policy on anything that would negatively impact young people. Sherry Bloom indicated she started a petition to eliminate Glyphosate and toxic pesticides in the City, both her dogs and her father have Lymphoma which she believes was caused by pesticides, and she has never seen a sign posted where spraying has occurred. Steve Fang, St. Joseph School, discussed his concerns with the chemicals being sprayed on golf courses in Newport Beach and requested they be banned. Tammy Belcher noted that Glyphosate is a national concern and believed the City should not prioritize aesthetics over safety. David Hallal, Orange Lutheran High School, believed the field at his former elementary school improved after pesticides stopped being used and asked if Council would rather spend a little more money on alternative methods or on lawsuits. Trevor Conte requested the City stop spraying pesticides where families and pets play. Ethan indicated Irvine and Carlsbad focus on using non-toxic pesticides and, although more costly, residents are satisfied. He believed Newport Beach residents already accept the idea of spending more for safety. Volume 64 - Page 63 City of Newport Beach Study Session and Regular Meeting March 26, 2019 Kim Conte, Co -Founder of Non -Toxic Neighborhoods, urged Council to prioritize the health of children over weed control, indicated Carlsbad uses the same company for pest management as Newport Beach but are successfully only using organic sprays, relayed her organization's goals for a safe and fiscally sound City, and stated Glyphosate is prohibited on golf courses. An unidentified speaker stated he walks on trails to and from school and enjoys knowing there are no chemicals used in Irvine. He added that, since demand for organic foods and products is high, property values might increase if the City only used organic pesticides. Jessica Liang, Northwood High School, expressed health concerns due to the use of synthetic pesticides, especially on game fields, and requested Council take action that would allow people to enjoy nature without having to worry about their health. Coco Liang, Sierra Vista Middle School, addressed the issue of pets coming into contact with pesticides in parks and then potentially spreading the chemicals by bringing them home. Vanessa Armstrong urged Council to immediately eliminate the use of 2-4D and Glyphosate to avoid future lawsuits, believed residents would not mind paying more for health and safety, suggested using organic input as opposed to organic pesticides, and asked Council to consider using a steam machine, like the school district. Kathleen Hallal provided a government issued handout about Glyphosate which she feels is incomplete since it does not show the whole science behind it, and recommended Council look at Vista Verde School fields in Irvine as an example for using non-toxic pesticides. Kalen Han, Orchard Hills Middle School, requested Council consider the effects of pesticides on humans and pets, not the money or science. Bob Johnson noted the duty of city government is to protect the health and safety of its citizens, explained what Irvine went through to improve its soil, and requested the City consider other alternatives, such as organics. Katherine Young voiced concerns for the health of animals and how much more concentrated Glyphosate is in their system as opposed to humans, and questioned the reliability of the toxicity chart since it was produced by a pesticide company. Dr. Cheryl Wilen, University of California Agriculture and Natural Resources, indicated she is participating in the statewide pest management program, cautioned against implementing a blanket removal of pesticides, and suggested looking at this with a fiscal and health perspective before making a decision. Damara Trombauer, County of Orange Deputy Agricultural Commissioner, explained the organization's duties and responsibilities and indicated that, after numerous inspections, the City has always been found to be in compliance. Jeff Croy, County of Orange Agricultural Commissioner, discussed his job duties, indicated his department has an IPM program and confirmed that, after reviewing the City's IPM program and the contractors the City hires, no violations were found. Will Harrison indicated he is a licensed pest control advisor and commercial applicator, provided his expertise related to IPM programs, indicated he works with serval municipalities, including Newport Beach, complimented the City on its program, and believed no pesticide material is safe and science is not a factor injury trials. Dr. John Kabashima noted he has developed IPM programs, believed there is a misunderstanding about synthetic and organic pesticides, expressed concern with fast -tracking solutions, and expressed the opinion that the chart was fairly accurate. Volume 64 - Page 64 City of Newport Beach Study Session and Regular Meeting March 26, 2019 Council Member Muldoon thanked all the students who spoke during public comments. He believed the results were still inconclusive, decreasing pesticide usage is a good goal, residents would support integrating organic pesticides at selected locations, and indicated he would prefer to take his son to an organic park over one where pesticides are sprayed. In response to Council Member Brenner's comments and questions, Public Works Director Webb and Park and Tree Superintendent Sereno confirmed the City does its best to post signs when spraying occurs, even though it is not a requirement, explained that the City does not have control over spraying done by commercial building owners, private landowners and homeowner associations, and believed the City has the best trained landscape crew in the County. Discussion ensued regarding limiting the spraying of Glyphosate in areas where dogs are present, the positive effects that could occur if a bee population was cultivated in the City, staff s hard work on providing a balanced presentation, and ways the City could inform and educate the public and receive citizen feedback. III. PUBLIC COMMENTS a 1 Bruce Ibbetson voiced his concerns regarding the Newport Aquatic Center (NAC) allegations and requested the City get involved to enforce best practices at the NAC. Donna Warwick provided a handout to discuss her beliefs of violations occurring at NAC, asked the City to get involved, and thanked Council for passing City Council Policy F-7. Jim Mosher believed more information should be provided regarding Item IV.C. Noting that the City Manager, City Attorney and City Clerk recuse themselves from Item IV.D, he expressed hope that Council speaks with them about their performance and believed their goals should be made public. City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the items listed in the Closed Session agenda, read the titles, noted the City Council will not be meeting regarding the Part Time Employees Association of Newport Beach (Item IRA) and announced City Manager Leung, City Attorney Harp and City Clerk Brown will be recusing themselves on Item IV.E due to personal financial interest. IV. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant City Manager, and Barbara Salvini, Human Resources Director; Labor Negotiators. Employee Organizations: Newport Beach Fire Management Association (NBFMA) and Part Time Employees Association of Newport Beach (PTEANB). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e)(2)): 2 matters The Newport Beach Firefighters Association (NBFA), as well as Robert Salerno, in his individual capacity, are aware of the United States Court of Appeals for the Ninth Circuit's decision in the case of Flores u. City of San Gabriel (9th Cir. 2016) 824 F.3d 890 which may result in litigation against the City of Newport Beach related to the calculation and payment of overtime compensation. C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8: 1 matter Volume 64 - Page 65 City of Newport Beach Study Session and Regular Meeting March 26, 2019 Property Address: 406, 408, 410 South Bay Front, Balboa Island Agency Negotiators: Grace K. Leung, City Manager, Seimone Jurjis, Community Development Department Director and Lauren Whitlinger, Real Property Administrator Negotiating Party:. Seymour Beek Under Negotiation: Price and terms of payment D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 2 matters Title: Aaron C. Harp, City Attorney Title: Leilani I. Brown, City Clerk E. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 3 matters Agency Designated Representative: Diane B. Dixon, Mayor and Will O'Neill, Mayor Pro Tem Unrepresented Employees: Title: Aaron C. Harp, City Attorney Title: Leilani I. Brown, City Clerk Title: Grace K. Leung, City Manager V. RECESSED - 6:33 p.m. VI. RECONVENED AT 7:03 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon VIII. CLOSED SESSION REPORT - None City Attorney Harp announced that Council was unable to discuss Items IV.D and IV.E, and would recess back into Closed Session prior to adjourning tonight's meeting. IN. INVOCATION - Pat McLaughlin, Second Church of Christ Scientist X. PLEDGE OF ALLEGIANCE - Council Member Brenner XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Duffield: • Attended the Executive Watershed Committee meeting and the Harbor Commission Visioning Forum, and thanked Harbor Commissioners Blank and Cunningham for facilitating the forum • Introduced his sister from Oregon who was in the audience. Volume 64 - Page 66 City of Newport Beach Study Session and Regular Meeting March 26, 2019 Council Member Brenner: • Attended the solid waste and recycling council working group meeting, Speak Up Newport, the Corona del Mar Chamber of Commerce meeting, the Orange Coast College planetarium opening, a public policy meeting at the University of Irvine, the Pt Battalion Pt Marines annual reception, along with City Manager Leung, the 36th Annual Spirit Run, and a Newport Beach Public Library Foundation reception • Utilized slides to announce the Corona del Mar Town Meeting on April 17 and discussed Public Works' wastewater project at the Santa Ana Delhi Channel • Met with Deb Johnson of Second Chance Orange County, toured City Hall with Boy Scout Connor Stevens, and visited the Municipal Operations Department and toured various City sites. Council Member Herdman: • Attended the Orange County Mosquito and Vector Control District meeting, Newport Beach Chamber of Commerce Government Affairs meeting, aviation/airport messaging strategy meetings, the Koll Center project meeting, and visited ACI Jet • Requested a future agenda item to consider reinstating the public art and cultural arts fund that is derived from development agreement funds Mayor Pro Tem O'Neill: • Attended the the Nowruz Festival in Irvine with his daughter and the San Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors meeting, clarifying that Newport Beach does not have a representative on the Foothill/Eastern Transportation Corridor Agency Mayor Dixon: • Attended the ACC -OC trip to Sacramento where meetings took place with various legislative members to discuss homelessness, affordable housing, tax increases, public pensions, and water quality/safety/reliability, and the Environmental Nature Center's Preschool construction project • Participated in the National Mayor's Drive for Meals to Seniors event • Announced the details for the upcoming Mayor's Water Challenge that runs from April 1 to April 30 (mywaterpledge.com), the Joint Town Hall meeting on April 6 with Supervisor Steel to discuss JWA changes, the Organic Compost Giveaway event on April 6, and the Shred Event scheduled for May 11 XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA Consideration Request for Review and Potential Revision of Marine Avenue Tree Trimming Cycle (O'Neill) Council Member Herdman recused himself from this item due to real property interests. With Council Member Herdman recusing himself, the City Council unanimously concurred to place the matter on a future agenda. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR - None XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 12, 2019 City Council Meeting [100-2019] 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. Volume 64 - Page 67 City of Newport Beach Study Session and Regular Meeting March 26, 2019 RESOLUTIONS FOR ADOPTION 3. Resolution No. 2019-24: Amendments to the Records Retention Schedule [100-2019] 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. 2019-24, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach City Employees Association. 4. Pulled from the Consent Calendar. 5. Resolution No. 2019-26: Amending the Structure, Membership, Roles and Responsibilities of the Aviation Committee [241100-2019] a) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2019-26, A Resolution of the City Council of the City of Newport Beach, California, Amending the Structure, Membership, Roles and Responsibilities of the Aviation Committee. 6. Resolution No. 2019-27: Amending Resolution No. 2001-100, Adopting a Revised Discrimination and Harassment Prevention Policy [100-2019] 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) Adopt amended Resolution No. 2019-27, AResolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2001-100, Adopting a Revised Discrimination and Harassment Prevention Policy; and c) Approve the revised City of Newport Beach Discrimination and Harassment Prevention Policy. Resolution No. 2019-28: Approval the December 31, 2011 Salary Schedule and Revisions Through June 11, 2018 [100-2019] a) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2019-28, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Citywide Salary Schedule Effective December 31, 2011, with Revisions Through June 11, 2018. S. Resolution No. 2019-29: Emergency Management Performance Grant Authorization (C-8075-6) [38/100-2019] 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. 2019-29, A Resolution of the City Council of the City of Newport Beach, California, Providing Written Authorization to the State of California Governor's Office of Emergency Services of the Standard Assurances Required to Apply for Grants from the Federal Department of Homeland Security, Federal Emergency Management Agency. CONTRACTS AND AGREEMENTS 9. City Facilities Painting Project - FMMP 2018-2019 - Award of Contract No. 7499-1 (18F02) [38/100-2019] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (maintenance of existing facilities involving no expansion of an existing use) of the CEQA Guidelines because this project has no potential to have a significant effect on the environment; Volume 64 - Page 68 City of Newport Beach Study Session and Regular Meeting March 26, 2019 b) Approve the project drawings and specifications; c) Award Contract No. 7499-1 to Tony Painting for the total bid price of $398,700.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a $60,000.00 (approximately 15 percent) contingency amount to cover the cost of unforeseen work not included in the original contract. Council Members Brenner and Herdman recused themselves from Item 9 due to property interest conflicts. 10. Spyglass Hill Reservoir Mixing System - Award of Contract No. 7428-1 (19W15) [38/100- 2019] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 7428-1 to Humphrey Constructors, for the total bid amount of $165,400.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $24,810.00 (approximately 15% of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 19BA-032 transferring $92,000.00 from savings in Utilities Yard Spill Control/Tipping Floor project (Account No. 70201932-980000-18W l4) to the Spyglass Hill Reservoir Mixing System project (Account No. 70201932-980000-19W15). 11. Amendment No. 1 to Professional Services Agreement with Parkmobile, LLC for Pay -By - Cell and Parking Reservation Services (C-7079-1) [38/100-2019] a) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. 1 to the current Agreement, increasing the contract amount to $419,000; and c) Authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement. 12. Draft Revisions to the Newport Beach Key and Management Compensation Plan (K&M) [100-2019] a) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and consider the revised Key and Management Compensation Plan. MISCELLANEOUS 13. Planning Commission Agenda for the March 21, 2019 Meeting [100-2019] Receive and file. 14. Pulled from the Consent Calendar. Motion by Mavor Pro Tem O'Neill, seconded by Council Member Muldoon, to approve the Consent Calendar, except for the items removed (Items 4 and 14); and noting the recusals by Council Members Brenner and Herdman on Item 9. The motion unanimously carried. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. Resolution No. 2019-25: Formation of a Homeless Task Force [241100-2019] Volume 64 - Page 69 City of Newport Beach Study Session and Regular Meeting March 26, 2019 Following discussion, Council Member Herdman requested adding a requirement in its purpose and responsibilities that the task force report back to Council on a periodic basis. Mayor Dixon indicated the task force could look for additional funding at the County and State level. Motion by Council Member Herdman, seconded by Council Member Muldoon, to a) determine this 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 this action will not result in a physical change to the environment, directly or indirectly; b) adopt amended Resolution No. 2019-25, A Resolution of the City Council of the City of Newport Beach, California, Establishing a City Council/Citizen's Committee Known as the Newport Beach Homeless Task Force; c) confirm the Mayor's appointment of Mayor Pro Tem Will O'Neill and Council Member Brad Avery to serve as the City Council's representatives to the Task Force; and d) direct the City Clerk to advertise for the citizen members of the Committee. Ruth Sanchez Kobayashi expressed her concerns on how the growing homeless problem is imp acting the community and noted a few locations in the City where she believes it has become a big problem. The motion unanimously carried. 14. 2018 General Plan Status Report and Housing Element Annual Progress Report (PA2007- 195) [100-20191 In response to Council Member Herdman's request, City Manager agreed to provide Council with more time to review large staff reports prior to having to approve them. Motion by Council Member Herdman, seconded by Mavor Pro Tem O'Neill, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; and b) authorize the submittal of the 2018 General Plan Status Report to the California Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD). Mayor Dixon pointed out that part of the staff report was taken from the current General Plan and believed information was easy to digest. Jim Mosher noted the report was detailed, but believed the public should ignore the staff report and focus on the Implementation Program, even though it needs updating. He took issue that the Planning Commission has never reviewed adjacent agencies' capital improvement programs and discussed State requirements regarding General Plan compliance. He noted the amount of money that will be spent for the General Plan Update, but believed the public should be more interested in the status of the current General Plan. Council Member Herdman noted a great deal of time went into the staff report and it would be difficult to know if something was implemented if the staff report was not reviewed. The motion unanimously carried. XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Andy Corley expressed concerns with speeding traffic on Cliff Drive. Denys Oberman discussed an ongoing encroachment issue on her property, involving City staff and her neighbor, and requested Council direct staff to have the encroaching wall removed. Peggy Palmer thanked Council for considering implementing a time limit on construction projects, suggested using condition surveys prior to issuing permits, provided a handout regarding a 1960 landslide, and requested an extensive geological study be conducted along the bluffs. Volume 64 - Page 70 City of Newport Beach Study Session and Regular Meeting March 26, 2019 XVIII. PUBLIC HEARING 15. 2888 Bayshore Drive (Newport Marina) - Appeal of the Harbor Commission's Decision (continued from the February 12, 2019 and March 12, 2019 City Council meetings) [100- 20191 Council Member Duffield recused himself since he is a tenant of the marina. Administrative Manager Miller utilized a PowerPoint presentation to provide details regarding the appeal, including staff recommendations, background information, aerials of the project site, the modified plan with minor changes that all parties have agreed to, and City Council Policy H-1. He also noted the need to update the drawings to include piles. In response to Council questions, Administrative Manager Miller and City Attorney Harp discussed new and unpermitted projects, explained pierhead and project lines, reviewed the amendments to the resolution, and confirmed a copy of the final resolution and project plans will be provided to the appellants. Mayor Dixon opened the public hearing. Shawna Schaffner, representing the appellants, provided a brief history, indicated all appellants have agreed to the compromised plan, requested copies of the modification be provided to the appellants, thanked Council for their consideration, and urged them to approve the new plan. Mike Hewitt, speaking on behalf of the owners of the Newport Marina, agreed that engineering still needs to be completed and assured Council that a final copy of the plans will be provided to the appellants prior to work beginning. Jim Mosher further explained project and pierhead lines, indicated that, because the project is on public water, it will need approval from the California Coastal Commission following Council approval, and questioned if the City has the authority to approve the project since it is on County - owned water. Administrative Manager Miller indicated the County has historically deferred dock construction regulations and configuration issues to the City, and the applicant will still need to receive a permit from the County, pending City approval. Mayor Pro Tem O'Neill thanked both parties for working together to come to a compromise and pointed out the importance of the City being able to regulate these types of issues since they impact many of its residents. Motion by Mavor Pro Tem O'Neill, seconded by Council Member Avery, to a) find the project exempt from the California Environmental Quality Act ("CEQA') pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, Code of Regulations, Title 14, Chapter 3; c) modify the Harbor Commission's decision on the proposed marina reconfiguration at 2888 Bayshore Drive to include the project revisions as proposed by the applicant. This action authorizes staff to issue an Approval in Concept for the project as revised; and d) adopt amended Resolution No. 2019-30, AResolution of the City Council of the City of Newport Beach, California, Modifying the Harbor Commission's Approval of an Approval In Concept" (Project File No. 1502-2018) for the Removal and Replacement of a Dock System at the Property Located at 2888 Bayshore Drive. Council Member Muldoon thanked the Harbor Commission for working to find a compromise and noted that sometimes Council has to overturn decisions made by boards and commissions. Hearing no further testimony, Mayor Dixon closed the public hearing. With Council Member Duffield recusing himself, the motion unanimously carried Volume 64 - Page 71 City of Newport Beach Study Session and Regular Meeting March 26, 2019 XIX. 16. Initiation of Zoning Code and Local Coastal Program Amendments Due to VE Special Flood Hazard Area as Mapped by FEMA (PA2018-075) [100-2019] City Clerk Brown recused herself due to real property interest conflicts and Council Member Muldoon recused himself due to potential business interest conflicts. Community Development Director Jurjis provided a brief overview of the item and Planning Manager Alford utilized a PowerPoint presentation to discuss design and construction in the flood zone, the need for staff to rewrite the zoning code, the location of the VE flood zone, the new FEMA design requirements for elevated buildings, the requirement for an open foundation that is free of obstructions, and the zoning code conflicts related to height, parking, accessory structures, and access to the dwelling. In response to Council questions, Community Development Director Jurjis indicated the first outreach meeting to discuss new FEMA requirements and building codes will be held on April 8 at Marina Park, residents currently would need to apply for a variance to just have carports, the recent change in the FEMA map reduced the number of properties in the flood zone on Balboa Island but increased the number of properties on the Peninsula, there may be future changes to the flood zone map that will need to be worked out with FEMA, complying with the flood zone map allows residents access to affordable flood insurance offered by the Federal government, some mortgage companies only accept FEMA insurance, the current zoning code is not flexible, and staff is requesting to initiate a change to allow for the VE Special Flood Hazard Area. In response to Denys Oberman's concerns, Community Development Director Jurjis assured everyone that changing the zoning code will require noticing and several public meetings. Motion by Mavor Pro Tem O'Neill, seconded by Mavor Dixon, to a) determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) adopt Resolution No. 2019-31, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 Entitled "Planning and Zoning" and Title 21 Entitled `Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code Related to Height Measurement, Accessory Structures and Residential Off -Street Parking Requirements for Properties Located in the VE Special Flood Hazard Area (PA2018-075). Jim Mosher believed the requirement of building houses on stilts has been in the building code, but it is the VE zone that is new, questioned who is required to comply with the Federal insurance program, noted there was disagreement at the Zoning Administrator meeting if these homes are actually at risk, and asked if the groins were installed when erosion occurred in the 1930s and 1960s. Community Development Director Jurjis discussed flood insurance requirements and ordinance compliance relative to the flood line, and indicated the City plans to conduct its own study, while working with FEMA, relative to whether the water would reach the properties. Planning Manager Alford confirmed that the City's major flooding occurred before the groins were installed and discussed the benefits of the groins. Regarding the map change, he indicated the City provided FEMA with site specific studies that showed which properties would not be subject to coastal hazards. Council Member Duffield reported on the U.S. Army Corps of Engineers, former Congressman Rohrabacher, and Supervisor Steel's implementation of a program that involves dredging and placing the dredged material on beaches to, among other things, lengthen and heighten the beach. Without objection, Council Member Duffield requested the motion be amended to include language to work with FEMA to reduce the height requirement if the dredging/sand replenishment project is implemented. Volume 64 - Page 72 City of Newport Beach Study Session and Regular Meeting March 26, 2019 With the inclusion of Council Member Duffiehfs amendment to the motion as Item c, the motion unanimously carried. City Attorney Harp announced the City Council would be recessing to Closed Session and read the titles of the items to be discussed. Mayor Dixon recessed the meeting at 8:48 p.m. IV. CLOSED SESSION D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 2 matters Title: Aaron C. Harp, City Attorney Title: Leilani I. Brown, City Clerk E. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 3 matters Agency Designated Representative: Diane B. Dixon, Mayor and Will O'Neill, Mayor Pro Tem Unrepresented Employees: Title: Aaron C. Harp, City Attorney Title: Leilani I. Brown, City Clerk Title: Grace K. Leung, City Manager Mayor Dixon reconvened the meeting at 9.29 p.m. with all members of the City Council present. City Attorney Harp announced no reportable actions were taken. XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - 9:30 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 March 21, 2019, at 4:00 p.m. Leilani I. Brown City Clerk Diane B. Dixon Mayor Volume 64 - Page 73