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HomeMy WebLinkAbout2.0_Policy L-6 Waiver Fischer Residence_PA2018-281CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT u z �C/F00.NP SUBJECT: Fischer Residence Encroachment Permit Encroachment Permit No. N2018-0496 SITE LOCATION: 3725 Ocean Boulevard APPLICANT: Desmond L. Fischer OWNER: Desmond L. Fischer PLANNER: Abby Cooke, Assistant Engineer 949-644-3323, acooke@newportbeachca.gov PROJECT SUMMARY January 17, 2019 Agenda Item No. 2 A request to install private improvements within the Ocean Boulevard public right-of-way that are prohibited pursuant to City Council Policy L-6, Encroachments in Public Rights - of -Way. The improvements consist of a concrete retaining wall, stairs planter walls, and pilasters previously that were approved by City Council on November 12, 2014 and subsequently expired. The project also includes a request to install Policy L-6 compliant private improvements within the right-of-way consisting of a decorative walkway. RECOMMENDATION 1) Conduct a public hearing; 2) Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(a) (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no significant effect on the environment; 3) Waive City Council Policy L-6, Encroachments in Public Rights-of-Wav, to install non- compliant private improvements consisting of stairs, retaining walls, planter walls and pilasters that encroach into the Ocean Boulevard public right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and 4) Adopt Resolution No. PC2019-001 waiving City Council Policy L-6 and approving Encroachment Permit No. N2018-0496 (Attachment No. PC 1). 1 9 Fischer Residence Encroachment Permit Planning Commission, January 17, 2019 Page 2 VICINITY MAP l 4 J jib SUBJECT` PROPERTY 1 ' � o0 i { X'4 - S Fischer Residence Encroachment Permit Planning Commission, January 17, 2019 Page 3 The owner of 3725 Ocean Boulevard is requesting a waiver of City Council Policy L-6 Encroachments in Public Rights -of -Way (Attachment No. PC 2) to install an entry walkway with stairs, a retaining wall to support the existing grade of a neighboring property, and garden walls and pilasters not exceeding 36 -inches in height within the Ocean Boulevard public right-of-way. These improvements are associated with the redevelopment of the home on the property, which was the subject of a Variance application. The Variance application was approved by the Planning Commission in May of 2011, and the requested improvements are the same as those shown on the approved plans. The improvements were also approved by City Council on November 12, 2014 (Attachment Nos. PC 3 and PC 4). Per City Council recommendation, staff was directed to enter into an Encroachment Agreement with the Owners and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. However, the property owners failed to enter into an Encroachment Agreement within the directed time. City Council Policy L-6, Encroachments in Public Rights-of-Wav (Policy), explains and describes how the public rights-of-way are to be reserved for public use or open space; and that the rights of the public, present and future, are not to be diminished by the installation of private improvements within the public rights-of-way. The Policy specifies allowable and prohibited encroachments and describes the required permits or encroachment agreements. Namely, City Council Policy L-6, Section A, prohibits structural encroachments including fences, walls, patios, raised planters, etc., which encroach in excess of 1 -foot into the public right-of-way. The Owners are requesting a waiver of this Policy section to allow the installation of a retaining wall that encroaches up to 14 -feet into the Ocean Boulevard public right-of-way, the installation of planter walls and pilasters that encroach up to 35 -feet into the Ocean Boulevard public right-of-way and measures up to 36 -inches in height, and stairs that encroach up to 35 -feet into the public right-of-way (Attachment No. PC 5). Several items have been taken into consideration in reviewing this matter: 1) The physical configuration of this site is atypical. The Ocean Boulevard right-of- way is approximately 98 -feet wide which is unusually wide. This portion of Ocean Boulevard slopes downward toward private property and the Pacific Ocean. There 0 Fischer Residence Encroachment Permit Planning Commission, January 17, 2019 Page 4 is an elevation change of approximately 7 -feet between the back of the existing sidewalk on Ocean Boulevard and the property line; 2) Improvements appear complimentary to the area; adjacent neighbors have similar private encroachments within the Ocean Boulevard right-of-way that are permitted through an encroachment permit and agreement; 3) The proposed private improvements do not diminish the rights of the public along the Private Road right-of-way; 4) There are no existing City utilities within the encroachment area; and 5) Approval would require the Owners to enter into an Encroachment Agreement so as to allow the proposed improvements as requested, and any liability associated with the proposed private improvements would be transferred to the Owners. Additionally, if the need for public improvements should arise in the future, Owners shall agree to remove all encroachments, at no cost to the City. Staff has reviewed this request and supports this policy waiver. In staff's review of the site conditions, the purposed improvements do not hinder the use of the public right-of-way, including sidewalks. The installation of the private improvements will not diminish the rights of the public, present and future, at this location. The subject property is located within the coastal zone and the development has received a Coastal Development Permit (CDP) from the California Coastal Commission (CD 5-12- 168). The proposed encroachments were authorized as part of the development and the single-family residence is currently under construction. Should the Planning Commission elect to approve the waiver and installation of the said private improvements and appurtenances, staff recommends that the Planning Commission require the Owner to enter into an encroachment agreement with the City consistent with Council Policy L-6. The encroachment agreement specifies the rights of the City including future removals and the responsibilities of the property owner. The encroachment agreement is recorded onto the property's title and provides important notice and protections for the City and for the current and future property owners. Environmental Review This project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 Class 3 (New Construction or Conversion of Small Structures) which includes construction of a single-family residence and related accessory structures in a residential zone. The proposed improvements consist of an entry walkway with stairs, a retaining wall to support the existing grade of a neighboring property, and garden walls and pilasters within the public right-of-way are accessory to the development of a single- family home. 5 Fischer Residence Encroachment Permit Planning Commission, January 17, 2019 Page 5 Public Notice The agenda item has been noticed according to the Brown Act, at least 10 days in advance of the meeting at which the Planning Commission considers the item. Prepared by: Submitted by: �w'�"-r ham/( Abby Cooke Jim Campbell Assistant Engineer Deputy Community Development Director ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Council Policy L-6, Encroachments in the Public Rights -of -Way PC 3 City Council Staff Report Dated November 12, 2014 PC 4 City Council Meeting Minutes Dated November 12, 2014 PC 5 Site Plan 01/12118 V Attachment No. PC 1 Draft Resolution with Findings and Conditions 7 2 RESOLUTION NO. PC2019-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO. N2018-0496 FOR A REQUEST TO INSTALL IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 3725 OCEAN BOULEVARD (PA2018-281) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Desmond L. Fischer, ("Applicant'), with respect to property located at 3725 Ocean Boulevard, Newport Beach, California requesting approval of an encroachment permit. The Applicant requests to install non-compliant improvements within the Ocean Boulevard public right-of-way including stairs, a retaining wall, planter walls, and pilasters that encroach up to thirty-five (35) feet into the public right-of-way. 3. The requested encroachment is not specifically provided within City Council Policy L-6, thus, the requested encroachment is prohibited under Section A of Private encroachments that are prohibited without a waiver and approval. Due to this prohibition, the requested encroachment may only be approved upon the waiver of City Council Policy L-6 and approval of the encroachment permit by Planning Commission. 4. A public meeting was held on January 17, 2019, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the City Council Policy L-6. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 5. The subject property is located within the coastal zone. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 Class 3 (New Construction or Conversion of Small Structures) which includes construction of a single-family residence and related accessory structures in a residential zone. The proposed improvements consist of an entry walkway with stairs, a retaining wall to support the existing grade of a neighboring property, and garden walls and pilasters within the public right-of-way are accessory to the development of a single-family home. SECTION 3. REQUIRED FINDINGS. In accordance with City Council Policy L-6, Encroachments in the Public Rights -of -Way, the following findings and facts in support of such findings are set forth: 9 Planning Commission Resolution No. PC2019-001 Paqe 2 of 4 Finding: A. The proposed private improvements do not presently diminish the rights of the public along the Ocean Boulevard right-of-way. Facts in Support of Finding: 1. The proposed improvements do not hinder the present or future use of the public right-of-way, including sidewalks, and there are no existing City utilities located within the encroachment area. 2. The proposed private improvements do not impede coastal public access, degrade visual quality of public coastal view, or have any potential impact to sensitive habitat in the Coastal Zone for the following reasons: a. The property is steeply sloped so the proposed private improvements, which do not exceed 36 -inches in height, do not degrade the public coastal view. b. The proposed private improvements do not impede public vehicular or pedestrian access as there are no City streets, alleys or sidewalks within the proposed encroachment area. c. The proposed private improvements do not impede access to City utilities as no City utilities exist within the proposed encroachment area. 3. The encroachment permit is subject to an encroachment agreement and one term of the agreement is to remove the improvement should it interfere with future public needs. Finding: B. The individual circumstances applicable to this application and the proposed encroachment are consistent with the public interest. Facts in Support of Finding: The proposed improvements support the adjacent slope within the Ocean Boulevard right-of-way parkway area. 2. The proposed improvements appear complimentary to the area as adjacent neighbors have similar private encroachments within the Ocean Boulevard right-of- way that are permitted through an encroachment permit and agreement. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 10 Planning Commission Resolution No. PC2019-001 Paqe 3 of 4 1. The Planning Commission of the City of Newport Beach hereby waives City Council Policy L-6 and approves Encroachment Permit No. N2018-0496, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 171th DAY OF JANUARY, 2019. AYES: NOES: ABSTAIN: ABSENT: M M Peter Zak, Chairman Lee Lowrey, Secretary 11 Planning Commission Resolution No. PC2019-001 Paqe 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL The proposed encroachment shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. 2. The proposed encroachment is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Encroachment Permit and any associated Encroachment Agreements. 4. The Applicant shall enter into an Encroachment Agreement within one (1) calendar year upon receipt of approval, otherwise this approval shall automatically expire. 5. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Fischer Residence Encroachment Permit including, but not limited to, Encroachment Permit No. N2018-0496 (PA2018-281). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 12 Attachment No. PC 2 Council Policy L-6 13 E. ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY It is the general policy of the City that the public rights-of-way shall be reserved for public use or open space; and that the rights of the public, present and future, shall not be diminished by the installation of private improvements within the public rights-of-way. For any project located within the Coastal Zone also look to Newport Beach Municipal Code Title 21, or any successor title. Categories of encroachments and improvements are listed below, together with the permit requirement for each category. Permit and/or encroachment agreement required. A. Except as expressly set forth herein, permits and/or encroachment agreements are required for encroachments into the public rights-of-way. B. Application for any permit, as required by this policy, shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. Drawings for encroachment permits requiring Planning Commission review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. C. If the application is for a permit required under private encroachments that are prohibited without a waiver, it shall be forwarded to the Community Development Department, Planning Division, for submission to the Planning Commission. The Planning Commission is designated to grant or deny a waiver and approve, conditionally approve, or deny applications for encroachment permits, subject to the findings in subsection (a), of this Section. a. The Planning Commission may grant a waiver and may approve or conditionally approve an application for an encroachment permit if the Planning Commission finds the encroachment will not be a detriment to the health, safety, and welfare of the public. b. If an application for a private encroachment that is prohibited without a waiver is part of a larger approval requiring City Council approval then the Planning Commission shall make a recommendation to the City Council regarding whether this policy 15 should be waived and the permit granted. Any decision made by the Planning Commission may be appealed or called for review in accordance with Chapter 20.64. 2. Notice of the Planning Commissions review of a request to waive a provision of this policy shall be mailed to property owners within 300 feet of the project site at least ten (10) calendar days in advance of a meeting. The notice shall contain the address of the project site, the applicant's name, a brief description of the improvements, date, time, and place of the meeting, and a statement informing the public that they have the ability to provide comments to the Planning Commission. Private encroachments that are prohibited without a waiver and approval. A. All structural encroachments including, but not limited to, fences, walls, patios, raised planters, landscaping, etc., which encroach in excess of one (1) -foot into the public right-of-way, or exceed thee (3) -feet in height, measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists. B. Driveway approaches not conforming to Council Policy L-2. C. Modifications to original design concepts approved by the City. D Private signs except as provided for in the Building Code. E. Lighting. F. Parkway walkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/ textured concrete or flat stone/brick/pavers installed at grade. G. Private dwellings and appendages including raised patios decks and bay windows, except as provided for in this section and the Building Code. H. Pay telephones and private mail carriers drop boxes. General private encroachments that require an encroachment permit and if applicable, an encroachment agreement from the Public Works Department. A. Drive approaches conforming to Council Policy L-2. T B. Standard sidewalks. C. Carriage walks (not to exceed twenty-five percent (25%) of the parkway area). D. Parkway surfacing (standard or colored/ textured concrete or flat stone/brick) installed at grade (not to exceed twenty-five percent (25%) of the parkway area). E. CATV and public utility facilities. F. Structural encroachments including, but not limited to, fences, walls, patios, raised planters, etc., which encroach one (1) foot or less and do not exceed three (3) feet in height within the public right-of-way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Planning Commission review is warranted, the Department may forward the item to the Planning Commission for action in accordance with the procedures set forth for granting waivers for private encroachments that would otherwise be prohibited. G. Mailboxes, when required by the U.S. Postal Service. Mailboxes shall be installed per U.S. Postal Service requirements. Mailbox base construction length and width shall not exceed the length of the mailbox, or twenty-four (24) inches, whichever is less. H. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. There shall be at least four (4) feet of clear sidewalk width and/or pedestals shall be placed in the parkway outside of walk area. I. When connecting to or relocating public utilities. J. Artificial Turf (permeable) up to 100% of the required parkway landscape area. Artificial turf grass shall be installed in accordance to manufacturers' recommendations. Material must be securely anchored and maintained so as to eliminate disrepair, fading, tearing, wrinkling and or edge curling or any other type of material performance. Material shall be replaced prior to the aforementioned conditions occur. Prohibited application: Indoor and outdoor carpet, green in color or otherwise. The Director of Public Works shall from time to time update the standards for this application. See Artificial Turf Material and Installation Standards. K. Tree and shrub planting and removal. L. Median landscaping. 17 If, in the opinion of the Public Works Departments, the approved planting is not being maintained for view, safety clearance and sight distance, Newport Beach Municipal Code Chapter 10.50, "Public Nuisance Abatement," or any successor statute, shall be used to remove offending plant material. The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value shall be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal' or a minimum forty-eight (48) inch box tree replacement value. Area specific private encroachments requiring an encroachment permit from the Public Works Department and subject to the execution of an encroachment agreement for non-standard improvements. A. Structural encroachments not otherwise listed which do not exceed three (3) feet in height measured from the top of curb elevation/or from sidewalk elevation where sidewalk exists, including, but not limited to fences, walls, and raised planters in public rights-of-way in areas that are more than eight (8) feet behind the face of curbs on the following streets: 1. Santa Ana Avenue from Cliff Drive to Fifteenth Street. B. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front, Grand Canal, and East Bayfront are as follows: 1. Planters that do not exceed one (1) foot in height may be installed between the back of existing sidewalk and property line, planted with ground cover and shrubs not to exceed two (2) feet in height measured from sidewalk elevation; 2. Fences and walls with a minimum setback of two (2) feet six (6) inches from back of sidewalk. a. For patios constructed at grade elevation to one (1) foot above sidewalk grade elevation, fences and walls may be three (3) feet high above sidewalk grade. b. For patios constructed greater than one (1) foot above sidewalk grade elevation, fences and walls must be set back a minimum of three (3) feet from back of sidewalk, not exceed two (2) feet six (6) inches in height above the patio, have at least forty percent (40%) IN visibility through them, and not to exceed four (4) feet in height above existing public sidewalk grade. 3. Patios with a minimum setback of two (2) feet six (6) inches from the back of sidewalk. a. Raised Patios are permitted provided they have a maximum height of two (2) feet six (6) inches above sidewalk grade, are set back a minimum of two (2) feet six (6) inches from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of two (2) feet six (6) inches from back of sidewalk. C. Structural encroachments not otherwise listed which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios, and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets: 1. Southerly side of West Bay Avenue between 8th Street and 15th Street. D. Non-standard encroachments, including, but not limited to fences, walls, and raised planters within City easements as approved by the Public Works Director. E. Buena Vista Boulevard - Bay Avenue to Edgewater Avenue. The street right-of- way in this reach is ten (10) feet wide, with private property on both sides of the public way. Improvements allowed at this location shall consist of the following: 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line maintained by the City. 2. Landscaping under twenty-four (24) inches in height and park -like improvements in the remaining portion of the right-of-way shall be allowed if installed and maintained by the adjoining property owners. Private improvements such as walls, fences, gates, signs and living areas such as cabanas and other roofed structures shall not be allowed. 3. Access to existing private piers and floats shall be allowed where a harbor permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions. 19 F. Edgewater Avenue - Buena Vista Boulevard to Island Avenue. The street right- of-way in this reach is forty (40) feet wide with private property on the inland side. The bay side is improved with a privately constructed bulkhead on public property. Improvements allowed at this location shall consist of the following: 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line maintained by the City. 2. Landscaping under twenty (24) inches in height and park -like improvements in the remaining portion of the right-of-way (between the sidewalk and the bulkhead) shall be allowed if installed and maintained by the adjoining property owner. Private improvements such as fences, gates, signs, and living areas shall not be allowed. 3. Access to private piers and floats shall be allowed where a harbor permit has been granted, but such access structures shall not be expanded beyond the permit dimensions. G. Edgewater Avenue - Island Avenue to Alvarado Street. The street right-of-way in this reach is forty (40) feet wide with private property on the inland side. The bay side is improved with a sloping beach leading to the waters of the bay. Improvements allowed at this location shall consist of the following: 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way maintained by the City. 2. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat storage shall be allowed except for access to existing piers and floats where a harbor or a mooring permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions. Any existing permits to encroach on the right-of-way shall be rescinded H. Edgewater Avenue - Alvarado Street to Fernando Street. The street right-of-way in this reach is fifty (50) feet wide. The bay side is improved with a sloping beach leading to the waters of the bay. The private lots bayward of the public right-of- way are under water and within State Tidelands. Improvements allowed at this location shall consist of the following: 1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way maintained by the City. 20 2. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat storage shall be allowed except for access to existing piers and floats where a harbor permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions. I. Bay Front Street Ends 1. Bay front street ends at beach level may contain two (2) foot wide planting areas bounded by redwood or concrete strips and containing hedges no more than two (2) feet in height above the adjacent surface. The planting areas may be installed: a. At each side of the prolongation of the street and extending no more than fifteen (15) feet from the end of the paved street. b. At the end of the paved street, except that a twelve (12) foot wide opening must be left for City emergency and maintenance equipment, and pedestrians to enter the beach area. 2. Bay front street ends where tidal flow prevents standard installation may be landscaped, subject to the prior approval by the City of specific plans prepared by the applicant. Access to beach areas shall be provided for in any such specific plans. 3. Improvements shall be installed at the expense of the adjacent property owners. 4. Landscape maintenance and watering shall be provided by the adjacent property owners to the satisfaction of the City. A sprinkler system connected to the adjacent property shall be installed in each planter J. Unimproved Ocean Front Street Ends 1. Improvements shall be installed at the expense of the adjacent property owners. 2. Landscape maintenance and watering shall be provided by the adjacent property owners to the satisfaction of the City. A sprinkler system connected to the adjacent property shall be installed in each planter. 3. All work shall be installed to grades established by the Public Works Department. 21 4. A four (4) foot wide sidewalk shall be provided on each side of the street right-of-way adjacent to the property line. 5. A minimum of twelve (12) feet of unobstructed access to the beach in the center of the right-of-way shall be surfaced with brick, asphalt, concrete or artificial turf, or an equivalent surfacing approved by the City. a. Portland Cement Concrete. A minimum six (6) inches over native compacted material. b. Asphalt Concrete. A minimum two (2) feet six (6) inches of asphalt concrete over a six (6) inch thick aggregate. C. Brick. Brick installed over four inches of imported aggregate base. A dry mix of one-to-one cement and clean plaster sand to be swept into the one-quarter (1/4) to one-half (1/2) inch space between bricks. The dry mix shall be moistened with a fine spray of water after it is in place. 6. Planters five (5) feet wide shall be provided between the side and the center access along a portion of each side of the street with a heavy emphasis on drought resistant plant materials. Plant materials shall be installed to City specifications. A six (6) inch to eighteen (18) inch high lip of concrete, brick or rock may be installed as part of the planter. 7. Special provisions shall be made in the design when garage access is required from street ends. 8. Where unusually large quantities of sand exist in a street end area, the City shall assist the adjacent owners by moving the sand to an area determined by the City. K. Unimproved Alleys that End at the Ocean Front 1. Improvements shall be installed at the expense of the adjacent property owner. 2. All work shall be installed to grades established by the Public Works Department. 22 3. Landscaping of potted plants shall be permitted in the portion of the alley right-of-way that terminates at the ocean front sidewalk. A six (6) foot wide inviting passageway shall be maintained for pedestrian access. 4. Where vehicles or pedestrians will travel, alleys may be surfaced with brick, asphalt, concrete or equivalent surfacing. 5. Improvements shall extend from the nearest street of alley improvement to the northerly line of the ocean front. If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Planning Commission review is warranted, the Department may forward the application to the Planning Commission for original action in accordance with the procedures set forth for granting waivers for private encroachments that would otherwise be prohibited. The City Manager is authorized to execute, on behalf of the City, agreements for non- standard improvements, which are entered into pursuant to this section or other authorization. Private encroachments not requiring a permit. A. Parkway lawn, ground cover and drought tolerant planting. Parkway areas with the exception of carriage walks/parkway paving/ artificial turf shall be entirely planted with lawn, ground cover and/or drought tolerant planting. B. Parkway sprinkling systems. C. Use of public streets and projections over public property, which are covered by the latest adopted edition of the California Code of Regulations Title 24 under a valid building permit issued by the City. Encroachments on public sidewalks Newport Beach sidewalks are a desirable place to walk, stroll and jog and it is, therefore, the policy of the City that public sidewalks are to provide unobstructed passage whenever possible. Sidewalks shall be reserved for public use and the rights of the public shall not be diminished by the installation of benches, planters, bicycle racks, etc., by private entities nor by the installation of facilities by public utilities or other public agencies. It is the 23 policy of the City that encroachments on public sidewalks shall be subject to the following: A. General 1. Permitted encroachments shall not reduce the sidewalk width available for normal pedestrian movement. 2. Permitted encroachments may be located in areas between tree wells or other existing improvements as long as they do not interfere with pedestrian travel. 3. Permitted encroachments shall be located at least eighteen (18) inches from the curb face. In areas where vehicles do not park or otherwise extend over the sidewalk, this setback may be reduced. 4. Permitted encroachments shall not be located within thirty-six (36) inches of a parking meter or street light, nor shall they be located where they will interfere with the normal use of other facilities. 5. Encroachments shall not block access from parked cars. 6. They shall not be located within ten (10) feet of a crosswalk, fire hydrant or driveway. 7. Encroachments may not be chained or otherwise anchored to any tree, streetlight, parking meter or other property. 8. Applicant shall pay all costs for City and/or the California Department of Transportation ("CalTrans") permit processing where necessary. 9. Applicant shall pay all costs associated with the installation and maintenance of the encroachments by the City or private installer. B. Public Benches 1. When applying the above requirements to benches, allowance shall be made for the space required for a person sitting on the bench. �i 2. Benches to be installed in an area where there is a theme or bench style shall conform to that theme or style. C. Public Bicycle Racks 1. Bicycle racks shall be located to allow bicycles to extend five (5) feet from the center of the rack and comply with the above requirements. History (1969, 08/25) - L-6 - Adopted (Private Encroachments in Public Rights -of -Way) (1969, 08/25) - I-12 - Adopted (Ocean Front Street -End Improvements) (1970, 03/09) - L-6 - Reaffirmed (1970, 03/09) -1-12 - Amended (1971, 02/08) - L-6 - Reaffirmed (1972,02/14) - L-6 - Amended (1972, 02/14) -1-12 - Reaffirmed (1973,12/10) - L-6 - Reaffirmed (1973,12/10) -1-12 - Amended (1974,11/11) - L-6 - Reaffirmed (1974,11/11) -1-12 - Amended (1975, 08/11) - L-6 - Amended (1977, 03/14) - L-7 - Adopted (Encroachments and Bay Access on Buena Vista Blvd. - Edgewater Ave. Between bay Ave. and Fernando St.) (1977, 09/12) - L-7 - Reaffirmed (1981, 02/09) - L-6 - Amended (1981,02/09) -1-12 - Amended (1981, 08/24) - L-10 - Adopted - incorporating I-12 & L-10 (1981,11/23) - L-6 - Amended (1982,11/08) - L-10 - Amended (1986,10/27) - L-6 - Amended (1987,01/26) - L-6 - Amended (1987, 07/13) - L-6 - Amended (1989,02/13) - L-6 - Amended (1989,08/14) - L-6 - Amended (1989,11/27) - L-6 - Amended (1989,11/27) - L-10 - Amended (1991,12/09) - L-6 - Amended (1992,12/14) - L-6 - Amended (1993, 01/11) - L-18 - Adopted (Encroachments on Public Sidewalks) (1993, 07/12) - L-6 - Amended (1994,01/24) - L-6 - Amended 215 (1994,01/24) - L-7 - Reaffirmed (1994, 01/24) - L-8 _ Amended - changed to L-8 (1994,01/24) - L-15 - Amended - changed to L-15 (1994,05/09) - L-6 - Amended (1995, 02/27) - L-6 -Amended (1996,02/26) - L-6 - Amended (1996,02/26) - L-15 - Amended (2001, 05/08) - L-6 - Amended (2001,05/08) - L-7 - Amended (2001, 05/08) - L-8 - Amended (2015, 01/27) - L-6 -Amended (2018, 08/14) - L-6 - Amended (incorporating L-6, L-7, L-8 & L-15) (2018,12/11) - L-6 - Amended 20 Attachment No. PC 3 City Council Staff Report Dated November 12, 2014 2j 22 7 TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT BEACH City Council Staff Report November 12, 2014 Agenda Item No. 11 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Rodi Almendralo, Civil Engineer (949)644-3334 Request to Install Private Improvements within the Public Right -of -Way at 3725 Ocean Boulevard The property owners of 3725 Ocean Boulevard (Owners) request approval to install an entry walkway with stairs, garden walls and pilasters not exceeding 36 -inches in height, a retaining wall to support the existing grade of a neighboring property, private landscaping and irrigation improvements and appurtenances within the Ocean Boulevard right-of-way. RECOMMENDATION: a) Waive Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow an entry walkway with stairs, garden walls, and pilasters not exceeding 36 -inches in height, a retaining wall to support the existing grade of a neighboring property, private landscaping and irrigation improvements and appurtenances that encroach in excess of 1 -foot into the Ocean Boulevard right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with the Owners and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: As part of the redevelopment of the property located at 3725 Ocean Boulevard in Corona del Mar, the Owners are requesting a waiver from City Council Policy L-6, Private Encroachments in Public Rights -of - Way, in order to install an entry walkway with stairs, garden walls and pilasters not exceeding 36 -inches in height, a retaining wall to support the existing grade of a neighboring property, private landscaping and irrigation improvements and appurtenances within the Ocean Boulevard right-of-way. These private 1- encroachments will encroach up to approximately 40 -feet into the Ocean Boulevard right-of-way. The Ocean Boulevard right-of-way is approximately 98 -feet wide which is unusually wide. This portion of Ocean Boulevard slopes downward towards private property and the ocean. There is an elevation change of approximately 7 -feet between the back of the existing sidewalk on Ocean Boulevard and the property line. Adjacent neighbors have similar private encroachments within the Ocean Boulevard right-of-way that are permitted through an encroachment permit and agreement. City Council Policy L-6, Section A, prohibits structural encroachments including fences, walls, patios, raised planters, etc., which encroach in excess of 1 -foot into the public right-of-way. Currently, there are existing sidewalks on Ocean Boulevard and there are no City -owned utilities that will be impacted by the proposed private encroachments. These proposed private improvements will not diminish the rights of the public, present and future. Should the City Council elect to approve the installation of the said private improvements and appurtenances, staff recommends that the City council require the property owner to enter into an encroachment agreement with the City. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location May Attachment B - Site Plan Attachment C - Letter from Property Owner Attachment D - Council Policy L-6 11:W ItrartTd:l�j l:I ztt1 111 ..- - --- ...... _...... ATTACHMENT B \ L G `9 • \Q-8 I 830 Ni1S.O 1WV. B G PIhI FG3i Pi+ i .. i I I1 1 F Br yI GBA I : i >_WJ4roi,< I BBe3TG bao I .'b14Y 5 p1 .. C50 Ti /�" > LU1I11 �1l1 i I aed IS t;F . _L i ,I �i'!.'4.4'33 .moi L -flit IB amr, ► F3 0 ^ Y BBb I Ol4 + � 'TYI T e 5 y ON \ PA Id OIC B15 640 e3 e3� S 3 \ TP rA, Yt e 111000llI ��'���j I• SII A n.i y/ mI es sY d.�3 ev.4 'loB" I B„. 811 6Av�Gc 61.15' \ 1 8513' 8L^re E66'.— 9GTR— Tn T2.\JI GR 1 -Kq 'a BI1V 171 . II BE I /1 FA. ` .. ol iq:-- 21 I ATTACHMENT C City of Newport Beach Attn: Rodi Almendralo, Civil Engineer, Public Works Department RE: Plan Check # 3028-2013 Mr. Almendralo, I am requesting to have improvements In the City of Newport Beach Right -of -Way Easement. They include the following: 1. Relocation of existing driveway to south side of.property 2. Garden Walls and pilasters at 36" above finish grade 3. A retaining wall on my north property line to support the existing grade on my north adjacent property owner Thank you for your immediate response. Desmond Fischer Property Owner of 3725 Ocean Blvd C.D.M. Date no ATTACHMENT D L-6 PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY It is the general policy of the City that the public rights-of-way are to be reserved for public use or open space; and that the rights of the public, present and future, are not to be diminished by the installation of private improvements within the public rights -of- way - Categories of private encroachments and improvements are listed below, together with the permit requirement for each category. A. Private encroachments prohibited. 1. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach in excess of 1 foot into the public right-of-way, or exceed 3 feet in height, measured from the top of curb elevation/or from sidewalk elevation where sidewalk exists. 2. Driveway approaches not conforming to Council Policy L-2. 3. Ocean front street end, or Bay front street end improvements not conforming to Council Policy L-8. 4. Ocean front alley end improvements not conforming to Council Policy L-8. 5. Modifications to original design concepts approved by the City. 6. Private signs except as provided for in the Building Code. 7. Lighting. 8. Parkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/ textured concrete or flat stone/brick installed at grade and grouted. 9. Private dwellings and appendages including raised patios and decks, except as provided for in this section and the Building Code. 10. Pay telephones and private mail carriers drop boxes. 11 M. CIM B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and General Services Department approval. 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the General Services Department, the approved planting is not being maintained for view and safety clearance, Chapter 10.50, "Public Nuisance Abatement," of the Municipal Code shall be used to remove offending plant material. The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value will be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal." C. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department. 1. Drive approaches conforming to Council Policy Lr2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored/ textured concrete or flat stone/brick) installed at grade (subject to General Services Department review for tree well location). 5. CATV and public utility facilities. 6. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less into the public right-of-way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the item to the Council for action. 2 11�,5 U6 7. Mailboxes, when required by the U.S. Postal Service. The front of mailbox shall be aligned in the same vertical plane as the back of the curb. Mailbox base construction length shall not exceed the length of the mailbox, or 24 inches, whichever is less. 8. The placement of utility pedestals shall be at the back of sidewalks on arterials and mayor pedestrian thoroughfares without zero setbacks. In the commercial areas there shall be at least 4 feet of clear sidewalk width and/or pedestals shall be placed in the parkway outside of walk area. 9. When connecting to or relocating public utilities. D. Private encroachments requiring an Encroachment Permit from the Public Works Department and subject to the execution of an agreement for non-standard improvements. 1. Structural encroachments.not otherwise listed which do not exceed 3 feet in height, including, but not limited to fences, walls, and raised planters in public rights-of-way in areas that are more than 8 feet behind the face of curbs on the following streets: a. Santa Ana Avenue from Cliff Drive to Fifteenth Street. 2. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front, Grand Canal, and East Bayfront are as follows: a. Planters that do not exceed 1 foot in height located within 2'-6" of the back of existing sidewalk, planted with ground cover and shrubs not to exceed 2 feet in height measured from sidewalk elevation; b. Fences with a minimum setback of 2'-6" from back of sidewalk. L For patios constructed at grade elevation to 1' above sidewalk grade elevation, Fences may be 3' high above sidewalk grade in conformance with Building and Planning Code Regulations. ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from 3 66- L-6 back of sidewalk, not exceed 2'-6" in height above the patio, have at least 40% visibility through them, and not to exceed Tin height above existing public sidewalk grade. C. Patios with a minimum setback of 2'-6" from the back of sidewalk. L Raised Patios are permitted provided they have a maximum height of 2'-6" above sidewalk grade, are set back a minimum of T-6" from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of 2'-6" from back of sidewalk. 3. Structural encroachments not otherwise listed which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets: a. Southerly side of West Bay Avenue between 8th Street and 15th Street. If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the application to the City Council for original action. The City Manager is authorized to execute, on behalf of the City, agreements for non- standard improvements which are entered into pursuant to this section or other authorization. E. Private encroachments not requiring:a permit: 1. Parkway lawn and ground cover. 2. Parkway sprinkling systems. 3. Use of public streets and projections over public property which are covered by the Uniform Building Code under a valid building permit issued by the City. 4 F. Application for any permit as required by this policy shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. If the application is for a permit required under Section A, it shall be forwarded to the City Clerk for submission to the City Council. If the application is for a permit under Section B, it shall be processed by the General Services Department. Drawings for encroachment permits requiring City Council review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. No building permit shall be issued on a parcel whose access requires City Council review for an encroachment permit on public property, until said encroachment permit has been issued. G. Variances from the strict application of this policy shall not be granted unless individual circumstances indicate that approval will be consistent with the public interest. Adopted - August 25,1969 Amended - February 14,1972 Amended - August 11, 1975 Amended - February 9,1981 Amended - November 23,1981 Amended - October 27,1986 Amended - January 26,1987 Amended - July 13,1987 Amended - February 13,1989 Amended - August 14,1989 Amended - November 27,1989 Amended - December 9,1991 Amended - December 14,1992 Amended - July 12,1993 Amended - January 24,1994 Amended - May 9,1994 Amended - February 27,1995 Amended - February 26,1996 Amended - May 8, 2001 5 Attachment No. PC 4 City Council Meeting Minutes Dated November 12, 2014 S9 40 City Council Minutes Study Session and Regular Meeting November 12, 2014 I. ROLL CALL - 2:00 p.m. Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle (arrived at 2:09 p.m.), Mayor Pro Tem Selich, Mayor Hill II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar Council Member Petros referenced Item 15 (Approval of a New Third Party Administrator for Workers' Compensation Administration — AdminSure, Inc.) and noted that part of the agreement includes an escalation of 2% per year over five years, resulting in a 10% increase in the contract amount. SS2. Newport Boulevard/32nd Street Parking Lot Concept Plan Council Member Henn recused himself from this item since he has a consulting relationship with a business in Via Lido Plaza. Public Works Director Webb provided a PowerPoint presentation on the Landscape Concept Design for Via Lido Plaza. He addressed the project background, purpose of the project, and proposed improvements. He deferred to Landscape Architect Perry Cardoza for details of the concept design. Perry Cardoza, NUVIS, addressed details of the concept design and discussed the landscape palette, plant list, hardscape, transitions, and entryway. In response to Council Member Gardner's question, Mr. Cardoza commented on replacing the damaged turf and grass with similar material. He added that replacing all of the turf/grass with drought -tolerant materials could be an alternative option. Mr. Cardoza addressed consistency with the guidelines, new light standards, banners, use of ornamental grasses in medians, and the area near the Lido House Hotel. In reply to Council Member Petros' question, Mr. Cardoza addressed the cost differential between using natural -colored and scored sidewalks versus having a standard sidewalk. He estimated the cost to be an additional $3.00 per square foot. Council Member Petros suggested continuing with the theme of standard sidewalks throughout the Peninsula and, if additional funds are generated by the cost savings, recommended that they be used for landscaping. In response to Council Member Gardner's question, Mr. Cardoza reported that crosswalks will be painted, but noted there are different ways to enhance them. Mr. Cardoza continued with the presentation, addressing the new parking lot design and layouts and offered alternatives (one with 30 stalls and another with 33 stalls). He presented details of both alternatives, including possible water features, landscaping, texturing, outdoor furnishings, and painting to provide continuity on both sides of the street. Volume 62 - Page 94 �{ 1 City of Newport Beach Study Session and Regular Meeting November 12, 2014 Public Works Director Webb commented on Council's direction to "think big" in terms of the specific corner and reported that 27 parking stalls will be removed. Council may choose either of the options presented. The option for 33 parking stalls would provide more parking but less landscaping. Mayor Hill stated that he assumed the corner would be accented by landscaping, but questioned whether a chair or bench would be useful on that corner. Public Works Director Webb stated that staff is seeking direction in that regard. Mayor Hill suggested it would be better to have a gathering place on the other side of the street, adjacent to the hotel. Council Member Gardner questioned whether encouraging people to sit outside would provide some benefit. Mayor Hill indicated thought needs to be given as to who will use that corner as a gathering place and stated that it would be appropriate to have an architectural statement there. He added that the corner is not an appropriate place for a water feature. Mr. Cardoza addressed alternative accents for consideration and asked for feedback from Council. Public Works Director Webb noted opportunities to add more enhanced landscaping. In response to Mayor Pro Tem Selich's question, Mr. Cardoza and Public Works Director Webb pointed out the location of the three stalls that would be lost under the 30 stall option. Mayor Pro Tem Selich stated that he calculates there would be a loss of four stalls and Public Works Director Webb indicated that he will verify the calculation. Public Works Director Webb referenced turf in front of an existing monument, noting that it could be removed. Council Member Gardner stressed the need to be water conscious. Public Works Director Webb identified areas that have not been addressed in an attempt to be cost -conservative. He noted deficiencies that are being corrected in terms of landscaping. Council Member Petros agreed with Council Member Gardner's comments, but noted that the area is used by residents to walk their dogs so that turf in the area does have a use. Public Works Director Webb noted another monument and turf across the street and suggested that if one is changed, the other should be also. Council Member Daigle commented on the amount of space taken up by roads, believing that a small green area would be fairly insignificant in comparison. Public Works Director Webb commented on a temporary sidewalk in front of the Lido House Hotel and stated that staff will monitor the area after the Hotel project is built to determine what changes are needed. He added that. the Lido House Hotel project will provide a gain in landscaping. He addressed the diamond cut sidewalk and reported that the median on 3Pt Street will be closed. In response to Council Member Petros' question as to whether the Traffic Engineer has looked at the westbound right turn out on Finley Street, Public Works Director Webb stated that it has been reviewed but that it is a controlled intersection. Tom Terich commented on the existing vacant bank building and noted that it provided a sound buffer from the noisy street. He encouraged Council to consider including landscaping that will help reduce noise and the sight of cars, and somewhat reduce traffic activity on Newport Boulevard and 32nd Street. He asked regarding the possibility of providing a low-level wall or plant buffering along a portion of the Channel. Volume 62 - Page 95 42 City of Newport Beach Study Session and Regular Meeting November 12, 2014 Council Member Gardner reported that Council discussed the sound wall and the possibility of making it higher, if it is not rejected by residents. Public Works Director Webb reported on an existing 5 -foot high block wall and stated that it could be raised to 7 or 8 feet. He added that there could be landscaping in front and mosaics on the wall. In terms of adding something along the Channel, he stated that if Council desires, staff could look into that option. He addressed the current condition of pavement in front of the bank and reported that staff will restore it using rubberized pavement which will help sound attenuation. Mayor Pro Tem Selich stated that it would be almost impossible to build a sound wall along the Channel without blocking views. Maureen Terich reported that the traffic in the intersection is very loud and that the worst offenders are motorcycles. Additionally, she reported that lights from the former bank shine into her house and asked if the new lights could be directed downward. George Schroeder, speaking as a West Newport Beach Association (WNBA) Board Member, reported that the Board supports the plan and encourages the City Council to choose the plan with the most number, of parking stalls since parking will also be lost on Marcus Avenue. Mr. Shroeder, speaking on his own behalf, suggested addressing the Terich's concerns with the possibility of installing a plexiglass wall. Additionally, he reported that he serves on the Lido Village Area Citizens Advisory Panel (CAP) and that the CAP did incorporate that into a concept plan. He hoped that whatever is done, will tie-in with it. Jim Mosher expressed the opinion that the Parks, Beaches and Recreation Commission and the City Arts Commission should be involved in the decision-making process as the matter involves a design decision. Public Works Director Webb reported that two stalls will be eliminated off Marcus Avenue and that the number is included in the 27 parking space count. Mayor Hill noted there has been concern about the impact on the intersection and asked whether staff considered it. Public Works Director Webb responded that the City's Traffic staff did not consider it a problem since it is not a large lot and Marcus Avenue is a one-way street in. Council Member Gardner stated that she prefers utilizing the plan with the higher number of parking stalls. She expressed concerns about colored pavement and fancy paint due to the increased maintenance needed. Council Member Petros agreed with Council Member Gardner. He indicated that this is a significant investment for the City and the parking is a primary issue here. He encouraged staff to see what can be done about the sound wall and light attenuation. He did not agree with adding seating and suggested that, if bicycle racks are installed, they should be located on the northerly end to support businesses. Overall, however, he believed that it is a good design. Council Member Curry expressed support for additional parking spaces and encouraged staff to do something about the noise if possible. Mayor Pro Tem Selich agreed with his Council colleagues. Regarding the noise issue on the Channel, he did not believe there is anything that can be done except for the possibility of installing a glass panel. He added that it may be difficult to get approval from the Coastal Commission if a solid wall is proposed. Public Works Director Webb asked whether there are concerns regarding trees and lighting. Volume 62 - Page 96 43 City of Newport Beach Study Session and Regular Meeting November 12, 2014 Mayor Hill stated that lights need to be placed high in the trees. He stressed the need to maximize parking, adding that there is still adequate room for installing nice landscaping. He stated that sound will be better along the west wall and that the wall and landscaping will help with sound and light attenuation. Additionally, he stated that it would be appropriate to have a low aesthetic treatment at the end of the Harbor, not a chain link fence. He added that he is not impressed with the suggested light fixtures and believed that trash cans that look the best are the hardest to keep clean and maintain. He encouraged staff to work closely with the landscape architects working on the Lido House Hotel. III. PUBLIC COMMENTS Jim Mosher commented on the Closed Session evaluations of three employees and addressed the proper boundaries for the item. He added that, if structural improvements are needed, he hoped that it will be separately agendized for proper input. City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss the item as listed in the Closed Session agenda and read the titles. Mayor Hill recused himself on the Closed Session Item IV.0 (Conference with Legal Counsel - Anticipated Litigation) since he has a financial interest. IV. CLOSED SESSION - 2:50 p.m. A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)) Title: Dave Ki£f, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 5 matters Martin O'Connor u. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2013-00665055-CU-PO-CJC John Hougan u. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2012-00582855-CU-OE-CJC Christine Houga.n u. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2013-00646369-CU-WT-CJC Pacific Shores Properties, LLC, et al. u. City of Newport Beach, Newport Coast Recouery, LLC, et al. u. City of Newport Beach United States District Court, Central. District Case Nos. CV 08-00457-JVS (RNBx) & CV 09-00701- JVX(RNBx) United States Court of Appeals, 9th Circuit Case Nos. 11-55460 & 11-55461 City of Newport Beach u. Yellowstone Recovery, LLC, et al. Orange County Superior Court Case No. 30-2011-00514217 C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter Volume 62 - Page 97 44 City of Newport Beach Study Session and Regular Meeting November 12, 2014 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Gardner. Council Member Petros. Council Member Curry, Council Member Henn, Mayor Pro Tem Selich, Mayor, Hill Absent: Council Member Daigle VIII. CLOSED SESSION REPORT - City Attorney Harp reported that no reportable actions were taken IX. PLEDGE OF ALLEGIANCE - Council Member Gardner X. INVOCATION — Pastor Kyle Zimmerman, Mariners Church XI. PRESENTATIONS Presentation Relative to the 2015 Special Olympics World Games Recreation and Senior Services Director Detweiler noted that there is an item on the agenda that will allow Council the opportunity to confirm the City as a "Host Town" for the 2015 Special Olympics World Games. She introduced Special Olympics and Hoag Hospital representatives who shared a short video of the World Games and provided information regarding the event, as well as their Host Town program. Joseph Gorin, Special Olympics Athlete, provided testimony regarding his experience in the Special Olympics and thanked the City for being a Host Town. Recreation and Senior Services Director Detweiler encouraged those interested in helping to contact the Recreation and Senior Services Department. Donation to the Ben Carlson Foundation by Police and Fire: The Fallen Heroes Tom Galhnatti. Hector Infante, Marion Catedral-King and Larry Wilcox were called forward by Mayor Hill for a presentation. Tom Gallinatti, Founder of Police and Fire: The Fallen Heroes, shared a video explaining the organization and its efforts. He presented the Carlson Family and representatives of the Ben Carlson Foundation with a donation from Chevron, in conjunction with Police and Fire: The Fallen Heroes, in the amount of $10,000 on behalf of fallen Lifeguard Ben Carlson. Chris Carlson thanked the City for embracing their family and honoring his son, Ben. He commented on the renaming of the Newport Beach Lifeguard Headquarters in honor of Ben and expressed his appreciation for the tribute. He thanked Fire Chief Poster, Assistant Fire Chief Williams, and Tom Gallinatti for their efforts. He thanked the City and Chevron for their generous contribution in honor of Ben. Mr. Carlson reported that the Ben Carlson Foundation will provide scholarships to deserving students and promote ocean -water safety. He reported that the Foundation is working to create a statue with the intention of gifting it to the City and is working closely with the City Arts Commission to ensure that it meets the City's standards. XII. NOTICE TO THE PUBLIC Volume 62 - Page 98 45 City of Newport Beach . Study Session and Regular Meeting November 12, 2014 XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) Council Member Henn reported that the Finance Committee will be meeting on November 17, 2014, in the Newport Coast Conference Room to consider preliminary year-end results, pension expenses, and review wastewater rates. Council Member Curry reported that he sits on the Orange County Parks Commission and it recently reviewed and recommended to the Board of Supervisors the acceptance of an additional 2,500 acres from The Irvine Company that will .remain, in perpetuity, as open space in Orange County. He thanked The Irvine Company for the donation. Council Member Gardner announced a meeting of the Water Quality/Coastal Tidelands Committee on November 13, 2014, at 3:00 p.m, in the Newport Coast Conference Room. She also announced that the City Arts Commission will meet on November 13, 2014, at 5:00 p.m. in the Friends Room of the Central Library, where they will be discussing the Arts Master Plan. Council Member Petros announced a public meeting on November 19, 2014, to consider Utility Undergrounding in Newport Heights. The meeting will be held at 6:30 p.m. at the Newport Heights Elementary School Multipurpose Room. Mayor Hill reported that CR&R Inc. and the City will host a free document -shredding event on November 15, 2014, from 5:00 a.m. to noon at the City Corporate Yard. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 19 (Naming of "Benjamin M. Carlson Lifeguard Headquarters"), Council Member Gardner reported receiving a letter from Susan Dole regarding Al Irwin and recommended that Council consider honoring him in the future. Regarding Item 17 (Planning Commission Agenda for the November 6, 2014 Meeting), Tim Steaks indicated that the Planning Commission approved a modification project related to Enterprise Rent-A- Car. He reported that he also represents AirFair that has been fighting the expansion of John Wayne Airport (JWA) and spoke in opposition to the proposed project. He stated that he believes that the proposal is a direct expansion of the airport and showed a video showing car transport trucks loading and unloading cars in the middle of the street. He expressed concerns regarding the accuracy of traffic studies and believed that a car rental agency will generate more traffic than an office building. Community Development Director Brandt reported that the Planning Commission approved that item and that it currently falls within the appeal period. She added that Council has the opportunity to call it up for review if desired. George Schroeder asked that Council pull Item 19 (Naming of `Benjamin M. Carlson Lifeguard Headquarters") in order to allow members of the public to speak on it. Mayor Hill noted that now is the opportunity to speak on items on the Consent Calendar. Regarding Item 3 (Balboa Village A -frame Signs Interim Ordinance), Community Development Director Brandt reported that the draft Ordinance has been changed to correct typographical errors and to change the period of effectiveness. She noted that it is a temporary Ordinance and the suggested change is from January 1, 201.5, to January 1. 2016. Volume 62 - Page 99 40 City of Newport Beach Study Session and Regular Meeting November 12, 2014 XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the October 28, 2014 Regular Meeting [100-20141 Waive reading of subject minutes, approve as amended, 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. B. ORDINANCE FOR INTRODUCTION 3. Balboa Village A -frame Signs Interim Ordinance [100-20141 a) Find adoption of the interim Ordinance is categorically exempt under Section 15311 of the State CEQA Guidelines; and b) Introduce City Council Ordinance No. 2014-18, An Interim Ordinance of the City Council of the City of Newport Beach Allowing A -Frame Signs in Balboa Village Commercial Zoning Districts, and pass to second reading on November 25, 2014. C. CONTRACTS AND AGREEMENTS 4. Balboa Boulevard Beautification - Notice of Completion and Acceptance of Contract No. 4842 (CAP14-0008) [381100-20141 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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,- c) ode;c) Release the Faithful Performance Bond one year after acceptance by the City Council; and d) Approve Budget Amendment No. 15BA-021 transferring $10,845.00 from project savings from Account No. 7013-C3002021 (Eastbluff Bike Lane) to Account No. 7013-C2002063 (Balboa Boulevard Landscaping); reappropriating $9,481.00 from project design savings within Account No. 7013-C2002063 (encumbered funds carried over for surveying services); and authorizing use of these funds for GMC Engineering. Mayor Hill recused himself from this item due to a real property conflict. 5. 16th Street Pump Station and Dolphin and Tamura Water Wells Improvements - Notice of Completion and Acceptance of Contract No. 5196 (CAP12-0003) [381100-20141 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days a£ter.the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. 6. Police Facility HVAC Replacement Project- Completion and Acceptance of Contract No. 5542 (CAP14-0003) [38/100-2014J a) Accept the completed work and authorize the City Cleric to file a Notice of Completion for the project; 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 the Faithful Performance Bond one year after this Council acceptance. Volume 62 - Page 100 City of Newport Beach Study Session and Regular Meeting November 12, 2014 Approval of Amendment No. 1 to the Professional Services Agreement with Interwest Consulting Group, Inc. for On -Call Public Works Inspection (C-5701) [381100-20141 a) Approve Amendment No. I to the current Professional Services Agreement with Interwest Consulting Group, Inc. for on-call as needed Public Works Inspection services increasing the original contract by $160,000 and extend the agreement term to February 29, 2016; and b) Authorize the Mayor and City Clerk to execute Amendment No. 1 of the Agreement. 8. Approval of Amendment No. 1 to the Professional Services Agreement with Willdan Engineering for On -Call Traffic Engineering Services (C-5768) 1381100-20141 a) Approve Amendment No. 1 to the current Professional Services Agreement with Willdan Engineering, .Inc. for on-call as needed Traffic Engineering services increasing the original contract by $160,000.00; and b) Authorize the Mayor and City Clerk to execute Amendment No. I of the Agreement. 9. Agreements for Landscape and Hardscape Maintenance on West Coast Highway (Route 1) for the Mariner's Pointe Development Project at 100 - 300 West Coast Highway (C-5970) [381100-20141 a) Approve and authorize the Mayor and City Clerk to execute the "Project Specific Maintenance Agreement for Route 1 in the City of Newport Beach' between the City of Newport Beach and State of California Department of Transportation; b) Approve and authorize the Mayor and City Clerk to execute the "Landscape Maintenance Agreement within State Highway Right of Way on Route 1 with the City of Newport Beach" between the City of Newport Beach and State of California Department of Transportation: and c) Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Newport Beach and VBAS Properties, Inc. 10. Agreement to Purchase a Sewer Rodder Truck (C-5972) [38/100-20141 Approve the agreement with Haaker Equipment Company of La Verne, CA for the purchase of one CNG -powered 2015 Vactor Ramjet Jet Rodder truck for a total cost of $383,329.41. 11. Request to Install Private Improvements within the Public Right -of -Way at 3725 Ocean Boulevard (C-5973) [381100-2014] a) Waive Council Policy L-6, A-iaate Encroachments in the Public Rights -of -Way, to allow an entry walkway with stairs, garden walls, and pilasters not exceeding 36 -inches in height, a retaining wall to support the existing grade of a neighboring property, private landscaping and irrigation improvements and appurtenances that encroach in excess of 1 -foot into the Ocean Boulevard right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with the Owners and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 12. Request to Retain Existing Private Improvements within a City Easement Reserved for a Future Sewage Force Main at 233 Milford Drive (C-5974) [381100-20141 a) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow walls, patio, patio stairs and caissons to encroach in excess of 1 foot into the future easement for sewage force main; and b) Direct Staff to prepare an Encroachment Agreement with the property owners for the existing private improvements and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. Volume 62 - Page 101 42 City of Newport Beach Study Session and Regular Meeting November 12, 2014 13. Approval of a Purchase Agreement for Junior Lifeguard Uniforms (C-5975) [381100- 20141 Approve a three (3) year Purchasing Agreement with Quiksilver, Inc. for Junior Lifeguard uniform apparel at an annual cost of $181,095 plus tax per contract year, and a total three year cost of $543,285 plus tax. 14. Consent to Assign Rainbow Disposal's Commercial Solid Waste Nonexclusive Franchise Agreement [421100-20141 Approve the Consent to Assign Rainbow Disposal's Commercial Solid Waste Nonexclusive Franchise Agreement. 16. Approval of a New Benefits Broker - Alliant Employee Benefits (C-5977) [381100-20141 Approve the five-year Professional Services Agreement with Alliant Insurance Services, Inc. to serve as the City's employee benefits broker with an annual expenditure of $49,000, effective January 1, 2015. D. MISCELLANEOUS 17. Planning Commission Agenda for the November 6, 2014 Meeting [100-20141 Receive and file. 18. Measure M Grant Projects Update 1100-20141 Receive comments and file report. Council Member Gardner recused herself from this item due to the possible proximity of the project to her house. Council Member Henn recused himself from this item since the project is in close proximity to Via Lido Plaza and he has a consulting relationship with one of the businesses there. Mayor Hill recused himself from this item due to real property conflicts. 19. Naming of "Benjamin M. Carlson Lifeguard Headquarters" [100-20141 a) Waive the Parks, Beaches, and Recreation Commission review per City Council Policy B-9 (Naming of City Parks & Facilities) and accept staffs recommendation to dedicate a facility in honor of Benjamin M. Carlson; and b) Approve the official naming of the Benjamin M. Carlson Lifeguard Headquarters. 20. Balboa Island Residential Condominium Prohibition Code Amendment Initiation [100- 20141 a) Find this action is exempt from the California Environmental Quality Act ( "CEQA") pursuant to Section 15262 of the State CEQA Guidelines. California Code of Regulations, Title 14, Chapter 3; and b) Initiate an amendment to Title 20 to prohibit residential condominium projects on Balboa Island and Little Balboa Island. 21. Accept the 2013 Assistance to Firefighters Grant 1100-20141 a) City Council accept the Assistance to Firefighters Grant (AFG) for $69,579 to purchase Wildland Webgear for Fire personnel; and b) Approve Budget Amendment No. 15BA-020 increasing revenue estimates by $69,579 in 2320-4894 and increasing expenditure appropriations in 2320-9032 by $77,309 which includes $7,730 from the General Fund unappropriated fund balance for the required 10% matching funds. Volume 62 - Page 102 49 City of Newport Beach Study Session and Regular Meeting November 12, 2014 22. City of Newport Beach Participation as a "Host Town" for the 2015 Special Olympics World Games in Los Angeles [100-2014] Staff recommends the City of Newport Beach serve as a Host Town for the 100 delegates' three day stay in Newport Beach prior to the July 2015 Special Olympics in Los Angeles and authorize funding support in the amount of up to $10,000 to defer costs associated with event logistics. 23. Acceptance of Funds from the California Board of State and Community Corrections [100-2014] a) Authorize acceptance of funds received and posted as Fiscal Year 2014-2015 revenues in Account No. 1820-486F; and b) Approve Budget Amendment No. 15BA-022 appropriating Local Assistance law enforcement funds from the California Board of State and Community Corrections (BSCC) in the amount of $24,646.95 for front-line law enforcement services by increasing expenditure appropriations for Fiscal Year 2014-2015 in Account No. 1830-7041. 24. Metro Cities Fire Authority Joint Powers Agreement Representative (C-3089) [381100- 2014] Appoint Fire Chief Scott Poster as a City of Newport Beach representative and voting Board Member to the Metro Cities Fire Authority Joint Powers Agreement (JPA). Motion by Mayor Pro Tem Selich, seconded by Council Member Curry, to approve the Consent Calendar, except for the Item removed (15); and noting the recusal by Mayor Hill on Item 4, and recusals by Mayor Hill, Council Member Henn, and Council Member Gardner on Item 18. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tem Selich, Mayor Hill Absent: Council Member Daigle XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 15. Approval of a New Third Party Administrator for Workers' Compensation Administration -AdminSure, Inc. (C-5976) [381100-2014] Council Member Petros stated that he has no problem with the selection process or with the proposed administrator; however, he wanted to ensure that Council understands that the annual expenditure will be $260,784 and that, pursuant to Exhibit B of the proposed agreement, there is an annual escalation of 2%, which over the term of the contract, would increase their fee by a cumulative 10+%. He stated that it is not appropriate to include an escalation of 10+% over the term of the agreement and reported that he will not support that great of an increase. Motion by Council Member Petros, seconded by Council Member Gardner, to not approve the New Third Party Administrator for Workers' Compensation Administration contract. Deputy City Manager/Human Resources Director Cassidy reported that the City has not gone out to bid on this service for five years and that the contract is coming in at a substantial savings from the current vendor. She explained the 2% escalated costs and suggested approving the contract and directing staff to work with the vendor for possible modifications to specify a ceiling. Council Member Petros acknowledged Ms. Cassidy's comments but reiterated that the City should not accept that type of rate increase at this time. Volume 62 - Page 103 50 City of Newport Beach Study Session and Regular Meeting November 12, 2014 Amended motion by Council Member Petros, seconded by Council Member Gardner, to direct staff to pursue the contract, but bring the item back for approval. City Attorney Harp reported that the contract can be terminated within seven days with notice. City Manager Kiff suggested continuing the matter to allow staff to continue working on the terms of the contract. Substitute motion by Council Member Petros, seconded by Council Member Henn, to continue the item. In response to Council Member Henn's question, Ms. Cassidy addressed the separation between the winning contract and the next low bidder. The substitute motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tem Selich, Mayor Hill Absent: Council Member Daigle XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Stratton, Balboa Village Advisory Committee (BVAC), announced that he will be out of town when Council considers the parking plan for Balboa Village. He spoke in support of the plan and commented on consideration of the plan by BVAC. He noted that each part of the plan is vital to the success of the area. He stressed that, by redirecting overnight parkers to regular public parking, it opens up the streets to day -use beach visitors. Council Member Petros thanked Mr. Stratton for his diligent work on the BVAC. Regarding Measure Y, Jim Mosher noted that the public is very sensitive to the smallest amount of traffic being added to City streets and commented on a slide that Mayor Pro Tem Selich displayed at a past meeting showing the quantities of daily trips expected in the City upon build -out of the present General Plan compared to the previous General Plan, and the related impacts of traffic. He believed that the idea of greater self-sufficiency should be pursued. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner reported that she was asked to be a judge for the Corona del Mar Youth in Government presentations and commented on the various proposals. She indicated that the four selected proposals will be presented to staff members when they visit Sacramento. She commented positively on the experience. Council Member Henn reported that the Tidelands Management Committee (TMC) met on October 29, 2014, where it considered an update on eelgrass and on the Balboa Island sea wall repair/ replacement project. XIX. PUBLIC HEARING 25. Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (PA2010-150) (C-4145) [381100-20141 Council Member Henn recused himself from this item since he has a consulting relationship with a business in Via Lido Plaza. Volume 62 - Page 104 51 City of Newport Beach Study Session and Regular Meeting November 12, 2014 Senior Planner Murillo provided a PowerPoint presentation, addressing compliance review, current locations of facilities, Code Enforcement inspections and results, complaints and citations, administrative operations, and recommendations. Motion by Council Member Gardner, seconded by Council Member Curry, to a) find this review exempt .from the California Environmental Quality Act ("CEQA') pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; b) find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and c) receive and file documents submitted by Sober Living by the Sea to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. Council Member Curry noted that this is an example of a City Ordinance and a responsible business working together for the good of the community. Mayor Hill opened the public hearing. Hearing no testimony, he closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Mayor Pro Tem Selich, Mayor Hill Recused: Council Member Henn Absent: Council Member Daigle XX. CURRENT BUSINESS 26. Proposed Bayview Heights Drainage Improvement Project [100-2014] Council Member Gardner recused herself from this item since she is a Newport Beach Conseruancy Board Member. Public Works Director Webb provided the project background, meetings with residents and the Newport Beach Conservancy, and development of a plan using contributions from the current property owners and use of grant money. He indicated that the City would administer the grant and obtain the necessary permits. He addressed contributions received for the design, receipt of the grant, and the possibility of lowering the property owners' contributions. Council Member Petros questioned why the property owners feel their contributions should be reduced. Mayor Hill commented on a picture in the staff report showing the severity of the drainage and he questioned why the City is not responsible. Justin Cox addressed the importance of water quality, thanked staff, and referenced a slide in the PowerPoint presentation showing where the storm drain ends. He noted that it destroys private property and commented on the original agreement. He believed that the City and/or County caused the problem and questioned why the property owners should be required to contribute to fix it. He reported that, as property owners, they are helping with the habitat restoration in the area and are trying to work with the City to resolve the issues. Volume 62 - Page 105 52 City of Newport Beach Study Session and Regular Meeting November 12, 2014 In reply to Council Member Petros' question as to whether Mr. Cox and the other property owners agreed to contribute toward the design of the project, Mr. Cox responded affirmatively and added that they agreed to $50,000 in total. Public Works Director Webb reported that the original discussion pertained to the property owners' contributions of $50.000 each: however, there was a typographical error and the word "each" was omitted. He added that the County has agreed to pay $50,000 since this was inherited from the County. Mayor Hill commented on the photo of a woman standing in the drain and noted that it is a large drain going across private property. Council Member Petros noted that the issue is the agreement and that he would not have made the agreement to participate. Justin Cox reported that nothing was actually signed and that the property owners understood it to be a contribution of $25,000 each. He believed that the property owners should be commended for contributing any money toward a situation that has been created by the government. In response to Mayor Pro Tem Selich's question whether the area is a drainage easement, Public Works Director Webb reported that there was no drainage easement recorded when the tract map was filed. He added that normally a situation like this would not be permitted and the City would make the developer address the slope condition. City Attorney Harp suggested bringing the matter to Closed Session to discuss potential liabilities. In response to Council Member Henn's question, Public Works Director Webb reported that drainage has been flowing for over 60 years across both of the properties. He added that the County may want to renegotiate to contribute an additional $25,000. He noted that this project is not currently funded. Council Member Henn stated that he sympathizes with the property owners, but the City should not have to pay for the project as it was a County issue to begin with. In response to Mayor Hill's question. Public Works Director Webb reported that the concrete drainage was built when the tract was built and that the City recently replaced the drainage wall. City Attorney Harp indicated that he would need to check as to whether the County would have any liability. Tim Steaks stated that the drainage was part of a Mesa Drive improvement project that was just completed last year. He believed that, since the City touched the project, it does have liability. Council Member Henn asked whether the grant is subject to change if the amount of the contribution by the property owners changes. Public Works Director Webb stated that he does not believe that it would need to change and that it has a matching fund portion. He noted that improvements done by the City were to the existing drain. Jack Beating. Newport Bay Conservancy, provided background and emphasized that the City went through a major effort to obtain the grant. He commented on his efforts to help with the agreement and reported receiving a comment from Mr. Cox relative to the amount of their contribution. He reported explaining it to Mr. Johns and he agreed that it was $50,000 while Mr. Cox insists that it was $25,000. He added that they have been working to mitigate the problem including the possibility by Mr. Cox of storing some of the drainage material on his property and stated that there may be some things that can be done during the course of the agreement to save money. Volume 62 - Page 106 53 City of Newport Beach Study Session and Regular Meeting November 12, 2014 Alvin Cox stated that the entire storm drain on Mesa Drive was replaced, noting that he expressed concerns about it and communicated his concerns to the Public Works Department. He added that there have been no litigation threats and reported that this was not an existing trench and that the ditch has been filled twice. He added that the County should have taken care of the problem and stated that Assistant City Engineer Stein indicated accepting the responsibility when the property was taken over by the City. He read from the agreement relative to the property owners' responsibilities. Jim Mosher expressed support for Council Member Petros' comments, believing that the report states that the expected total contribution From the three property owners is $150,000. Justin Cox reported that the County agreed to pay $50,000 regardless of the property owners' contributions, Measure M funds are committed at $30,000, and property owners are committed at $50,000. which totals $130.000 of committed funding. He added that the project is estimated to cost about $160,000. Public Works Director Webb stated that it may cost $170,000, that staff is also committing time, and that, depending on the bids, there may be additional funds needed to construct the drain. In response to Mayor Pro Tem Selich's question, Public Works Director Webb reported that staff is working with the Conservancy and the County, and commented on possible additional costs related to Coastal mitigation. He referenced Exhibit C in the staff report which shows a tentative plan view. Motion by Mayor Hill, seconded by Council Member Curry, to accept the terms as listed in the staff report, except specifying a $25,000 donation from each of the property owners: and pay the balance by the General Fund. Discussion followed regarding the possibility of bringing the matter back to Council if the funding exceeds City Manager Riffs funding authorization. Council Member Curry noted that the issue is the impact on the Bay and that now is the time to resolve the problem. Council Member Henn agreed, but stated that the City is backstopping this whole project in terms of funding shortages. He added that property owners will be regaining full use of the land that is filled in. He indicated that the original agreement, requiring $50,000 from each of the parties, is appropriate. In response to Mayor Hill's question regarding who paid for filling the ditch before. Alvin Cox stated that he has no specific knowledge of why it was filled in but that it was done in 1947. Mayor Pro Tem Selich stated that $50,000 is not a lot of money to clean up this situation and that Measure M funds will be used. He expressed support for the motion. Mayor Hill directed the City Manager to proceed within the established limits. Council Member Petros stated that, while he accepts this is for the benefit of the Bay, the fact is that private parties agreed to participate, so he will not be supporting the motion. The motion carried by the following roll call vote: Ayes: Council Member Curry, Mayor Pro Tem Selich, Mayor Hill Nays: Council Member Petros, Council Member Henn Recused: Council Member Gardner Absent: Council Member Daigle Volume 62 - Page 107 Mi City of Newport Beach Study Session and Regular Meeting November 12, 2014 27. Review and Amendment - Tree Services Agreement with Great Scott Tree Services (C- 5648) [381100-20141 City Manager Kiff reported that the City has been working with Great Scott Tree Services (GSTS) for about a year. He commented on the contract and amendment, noting the need to raise the amount to accommodate additional work being done by the vendor. Council Member Curry stated that it would be appropriate to take this opportunity to rebid this and provided a brief history of the contract. He noted that there have been significant service complaints and that the City should take the opportunity to use the power of competition to reduce costs. Motion by Council Member Curry to ask staff to prepare an RFP to rebid this service in accordance with the provisions of the contract. Mayor Hill stated that it is his understanding that this matter pertains to a request for additional funds to pay for work that has already been executed. Council Member Curry added that he would incorporate into the motion that the existing contractor will be paid the additional funds for work they have done. Council Member Gardner reported that the previous vendor did not complete its year but this company did more in one year since Council directed them to plant more trees. Mayor Hill noted there are two separate issues. The City, on a unit -cost basis, has asked the existing vendor to do more work and that money is owed to the vendor. Additionally, since it is a much larger contract than anticipated and there is a one-year review opportunity, he asked if it should be opened back up for rebid at this time. Municipal Operations Acting Co -Director Pisani clarified that the need for a contract amendment has nothing to do with asking for additional funds. He stated that the City is within its budget amounts, but that staff made a mistake since the not -to -exceed limit was only $1.3 million but should have been higher. This is the reason for the amendment. In response to Council Member Henn's question, Municipal Operations Acting Co -Director Pisani reported that staff expects the budget to be approximately $1.6 million. He added that this quantity of tree -trimming was not anticipated. Council Member Henn believed that there is a basis to consider a rebid of the contract due to changes in circumstances. City Attorney Harp stated that, if Council wants to rebid the contract, Council has the ability to do SO. Council Member Gardner questioned whether there is a disadvantage in doing that and referenced a comment made that the vendor exceeds expectations for pruning. Municipal Operations Co -Director Pisani stated that staff was pleasantly surprised that the vendor came up to speed so quickly and referenced Attachment B of the staff report as an evaluation that was given to GSTS and that they are doing a good job. Mayor Pro Tem Selich asked why the contract was not amended prior to the work. City Manager Kiff agreed that this should have been done sooner and that staff did not realize there was a not -to - exceed amount since the contract included a unit cost. Volume 62 - Page 108 55 City of Newport Beach Study Session and Regular Meeting November 12, 2014 In response to Mayor Pro Tem Selich's question, Municipal Operations Acting Co -Director Pisani reported that the City has between 70 to 80 more trees than in the past, and added that the City is ahead on tree pruning and that more trees will be planted during the second half of this year. Council Member Gardner expressed concerns with whether the City's Policy adequately addresses new trees and the amount of watering. Municipal Operations Acting Co -Director Pisani reported that, because of bad nursery stock, the City may lose 10% to 15% of the trees that were planted. Council Member Curry commented on faulty assumptions that were part of the last bid and reiterated that the City should take advantage of this opportunity and rebid the service. Motion by Council Member Curry, seconded by Council Member Henn, to approve an amendment to the agreement with GSTS, for the contract year ending November 30, 2014, reflecting City staff's direction to GSTS to perform more work, thereby leading to an increase in the annual not -to -exceed cost of $1,800,000 for this year alone. and authorize the Mayor and City Clerk to execute the amendment and direct staff to prepare and RFP to rebid the service. Council Member Henn clarified that it is not that Council is appropriating additional money but that. an amendment is being approved to increase the amount of the .original contract. He emphasized that this is a contract amendment, not a budget amendment. Justin Cox spoke in support of the motion but acknowledged the need to look at the survivability of plants throughout the Back .Bay and restoration efforts. He added that residents are very concerned about trees and noted the importance of having a good palette of plants. Jim Mosher believed that the City increased the budget in order to replace missing trees, not for tree trimming. He commented on the trees being on a three-year trimming cycle and wondered why there is an increased amount of tree trimming from last year. Council Member Gardner commented on problems meeting the cycle and Municipal Operations Acting Co -Director Pisani noted that many trees had not been trimmed for a while by West Coast Arborists. Council Member Petros stated that, if the contract goes out to bid, responders need to be informed that the City has a three-year trimming cycle and, if put to the task, more trees can be trimmed than have been in the past and that it is Council's priority to make up for the 8,000 missing trees. Council Member Henn noted the need to have a clear bid arrangement that identifies the number of trees to be replaced, the amount of trimming, and the trimming cycle. City Manager Kill reported that replacing a tree is a two-way street as the City wants property owners to accept it, like it, and take care of it. He stated that rewriting Council Policy G-1 (Retention or Removal of City Trees) will help. Mayor Hill commented on complaints about trees with single versus double stakes and City Manager Kiff reported that the matter has been resolved. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tem Selich, Mayor Hill Absent: Council Member Daigle Volume 62 - Page 109 50 City of Newport Beach Study Session and Regular Meeting November 12, 2014 XXI. MOTION FOR RECONSIDERATION - None NMI. ADJOURNMENT - Adjourned at 9:00 p.m. in memory of George McNamee and Albert H. 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