Loading...
HomeMy WebLinkAbout01 - MinutesI. II. November 25, 2014 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting November 12, 2014 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 Tern Selich, Mayor Hill 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 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 31st 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 site of cars, and somewhat reduce traffic activity on Newport Boulevard and 32 °d 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 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 Tern Selicb 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 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 Kiff, 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 v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2013 - 00665055 -CU -PO -CJC John Hougan v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2012 - 00582855 -CU -OE -CJC Christine Hougan v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2013 - 00646369 -CU -WT -CJC Pacific Shores Properties, LLC, et al. v. City of Newport Beach Newport Coast Recovery, LLC, et al. v. 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 v. Yellowstone Recovery, LLC, et al. Orange County Superior Court Case No. 30- 2011 - 00514217 C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter Volume 62 - Page 97 City of Newport Beach Study Session and Regular Meeting November 12, 2014 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tem Selich, Mayor Hill Absent: Council Member Daigle VIII. CLOSED SESSION REPORT - City Attorney Harp reported that no reportable actions were taken IX. PLEDGE OF ALLEGIANCE - Council Member Gardner X. INVOCATION - Pastor Kyle Zimmerman, Mariners Church 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 Gallinatti, Hector Infante, Marion Catedral -King and Larry Wilcox were called forward by Mayor Hill for a presentation. Tom Gallinatti, Founder of Police and Fire: The Fallen Heroes, shared a video explaining the organization and its efforts. He presented the Carlson Family and representatives of the Ben Carlson Foundation with a donation from Chevron, in conjunction with Police and Fire: The Fallen Heroes, in the amount of $10,000 on behalf of fallen Lifeguard Ben Carlson. Chris Carlson thanked the City for embracing their family and honoring his son, Ben. He commented on the renaming of the Newport Beach Lifeguard Headquarters in honor of Ben and expressed his appreciation for the tribute. He thanked Fire Chief Poster, Assistant Fire Chief Williams, and Tom Gallinatti for their efforts. He thanked the City and Chevron for their generous contribution in honor of Ben. Mr. Carlson reported that the Ben Carlson Foundation will provide scholarships to deserving students and promote ocean -water safety. He reported that the Foundation is working to create a statue with the intention of gifting it to the City and is working closely with the City Arts Commission to ensure that it meets the City's standards. XII. NOTICE TO THE PUBLIC Volume 62 - Page 98 City of Newport Beach Study Session and Regular Meeting November 12, 2014 XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) Council Member Henn reported that the Finance Committee will be meeting on November 17, 2014, in the Newport Coast Conference Room to consider preliminary year -end results, pension expenses, and review wastewater rates. Council Member Curry reported that he sits on the Orange County Parks Commission and it recently reviewed and recommended to the Board of Supervisors the acceptance of an additional 2,500 acres from The Irvine Company that will remain, in perpetuity, as open space in Orange County. He thanked The Irvine Company for the donation. Council Member Gardner announced a meeting of the Water Quality /Coastal Tidelands Committee on November 13, 2014, at 3:00 p.m. in the Newport Coast Conference Room. She also announced that the City Arts Commission will meet on November 13, 2014, at 5:00 p.m. in the Friends Room of the Central Library, where they will be discussing the Arts Master Plan. Council Member Petros announced a public meeting on November 19, 2014, to consider Utility Undergrounding in Newport Heights. The meeting will be held at 6:30 p.m. at the Newport Heights Elementary School Multipurpose Room. Mayor Hill reported that CR &R Inc. and the City will host a free document - shredding event on November 15, 2014, from 8:00 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, 2015, to January 1, 2016. Volume 62 - Page 99 City of Newport Beach Study Session and Regular Meeting November 12, 2014 XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES U 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. 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) 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 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 acceptance by the City Council. 6. Police Facility HVAC Replacement Project- Completion and Acceptance of Contract No. 5542 (CAP14 -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 after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after this Council acceptance. Volume 62 - Page 100 City of Newport Beach Study Session and Regular Meeting November 12, 2014 Approval of Amendment No. 1 to the Professional Services Agreement with Interwest Consulting Group, Inc. for On -Call Public Works Inspection (C -5701) [381100 -2014] a) Approve Amendment No. 1 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) [381100 -2014] 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. 1 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 -2014] 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) [381100 -2014] Approve the agreement with Hacker 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, 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. 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 -2014] a) Waive City Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow walls, patio, patio stairs and caissons to encroach in excess of 1 foot into the future easement for sewage force main; and b) Direct Staff to prepare an Encroachment Agreement with the property owners for the existing private improvements and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. Volume 62 - Page 101 City of Newport Beach Study Session and Regular Meeting November 12, 2014 13. Approval of a Purchase Agreement for Junior Lifeguard Uniforms (C -5975) [38/100- 2014] 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 -2014] 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 -2014] 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 Nove 6, 2 eeting [100 -2014] Receive and file. 18. Measure M Grant Projects Update [100 -2014] 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 -2014] 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- 2014] 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 [100 -2014] a) City Council accept the Assistance to Firefighters Grant (AFG) for $69,579 to purchase Wildland Webgear for Fire personnel; and b) Approve Budget Amendment No. 15BA -020 increasing revenue estimates by $69,579 in 2320 -4894 and increasing expenditure appropriations in 2320 -9032 by $77,309 which includes $7,730 from the General Fund unappropriated fund balance for the required 10% matching funds. Volume 62 - Page 102 City of Newport Beach Study Session and Regular Meeting November 12, 2014 22. City of Newport Beach Participation as a "Host Town" For the 2015 Special Olympics World Games in Los Angeles [100 -20141 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 -20141 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 [100 -20141 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 Tern 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 XVL ITEMS REMOVED FROM THE CONSENT CALENDAR 15. Approval of a New Third Party Administrator for Workers' Compensation Administration - AdminSure, Inc. (C -5976) [381100 -20141 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. 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. Volume 62 - Page 103 City of Newport Beach Study Session and Regular Meeting November 12, 2014 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. XIM 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. 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. Volume 62 - Page 104 City of Newport Beach Study Session and Regular Meeting November 12, 2014 ►" 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 Tern Selich, Mayor Hill Recused: Council Member Henn Absent: Council Member Daigle 26. Proposed Bayview Heights Drainage Improvement Project [100 -2014] Council Member Gardner recused herself from this item since she is a Newport Beach Conservancy 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. 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. Volume 62 - Page 105 City of Newport Beach Study Session and Regular Meeting November 12, 2014 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 Stoaks 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 Keating, 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. 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 Volume 62 - Page 106 City of Newport Beach Study Session and Regular Meeting November 12, 2014 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 Tom 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 from each of the property owners; and pay the balance by the General Fund. 2 Discussion followed regarding the possibility of bringing the matter back to Council if the funding exceeds City Manager Kiffs 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. V 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 Tom 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 Tom Selich, Mayor Hill Nays: Council Member Petros, Council Member Henn Recused: Council Member Gardner Absent: Council Member Daigle Volume 62 - Page 107 City of Newport Beach Study Session and Regular Meeting November 12, 2014 27. Review and Amendment - Tree Services Agreement with Great Scott Tree Services (C- 5648) [381100 -2014] 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 Tern 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 City of Newport Beach Study Session and Regular Meeting November 12, 2014 In response to Mayor Pro Tern 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 staffs 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 Arborist. 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 Kiff 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 City of Newport Beach Study Session and Regular Meeting November 12, 2014 XV. MOTION FOR RECONSIDERATION - None XVI. 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.m. 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. Volume 62 - Page 110