HomeMy WebLinkAbout2.0_Policy L-6 Waiver Fischer Residence_PA2018-281CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
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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).
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Fischer Residence Encroachment Permit
Planning Commission, January 17, 2019
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VICINITY MAP
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SUBJECT`
PROPERTY
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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
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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.
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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:
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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
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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:
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Planning Commission Resolution No. PC2019-001
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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:
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Planning Commission Resolution No. PC2019-001
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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
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Planning Commission Resolution No. PC2019-001
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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.
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Attachment No. PC 2
Council Policy L-6
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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
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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.
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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.
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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%)
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
Jones
The agenda for the Regular Meeting was posted on the City's website and on the City Hall
Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic
Center Drive on November 6, 2014, at 4:00 p.rxL The amended agenda for the Regular Meeting
was posted on the City's website and on the City Hall Electronic Bulletin Board located in
the entrance of the City Council Chambers at 100 Civic Center Drive on November 7, 2014, at
9:00 a.m
0 rw0 . mA -
City Clerk
DU-rL(�h4 brW---""�
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Recording Secretary
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Mayor
Volume 62 - Page 110
57
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