HomeMy WebLinkAbout03/26/2019 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
March 26, 2019
I. ROLL CALL - 4:00 p.m.
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
II. CURRENT BUSINESS
SS1. 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 Deputy Public Works Director Martin 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 Kulis, Director of Public Affairs and Government Relations with
Nuffer, Smith, Tucker Public Relations.
Ms. Hornbaker, Mr. Croy and Mr. Kulis 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 California CitrusThreat.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.
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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.
NWa 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.
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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 24D 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 in jury 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.
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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, staffs
hard work on providing a balanced presentation, and ways the City could inform and educate
the public and receive citizen feedback.
III. PUBLIC COMMENTS
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 IV.A) 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 v. 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
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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.
IX. 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 Watershed Executive 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.
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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 1St Battalion 1St 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 [100-20191
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.
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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, A Resolution 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.
Resolution No. 2019-29: Emergency Management Performance Grant Authorization
(C-8075-6) [381100-2019]
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)
[381100-2019]
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;
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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 themselues from Item 9 due to property
interest conflicts.
10. Spyglass Hill Reservoir Mixing System - Award of Contract No. 7428-1 (19W15) [381100-
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. 70201932-980000-18W14) to the Spyglass
Hill Reservoir Mixing System project (Accotint 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) [381100-20191
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 [100-20191
Receive and file.
14. Pulled from the Consent Calendar.
Motion by Mayor 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]
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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 impacting
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 Mayor 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.
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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, agreed that engineering needed to be completed, and that it would be submitted for
AIC as #7.3. He then further stated that Applicant will make every effort to have #7.3 passed by the
regulatory agencies but in the event that #7.3 is not passed, and under section 2 of the resolution,
that the applicant would be resubmitting the 2018 plan or any other plan, in that event.
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 Mayor 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, A Resolution 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.
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March 26, 2019
XIX. CURRENT BUSINESS
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 Mayor Pro Tem O'Neill, seconded by Mayor 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 Duffield's 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.
Diane B. Dixon
Mayor
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Volume 64 - Page 73