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HomeMy WebLinkAbout06/08/1992 - Regular MeetingCITY OF NEWPORT BEACH CO MIL MEMBERS MINUTES REGULAR COUNCIL MEETING - �� PLACE: Chambers 7:00 P.M. TIME: 7:,00 P. DATE: Jima 8, 1992 • Present x x Motion All Ayes Motion All Ayes • • x x x x x x from Anderson and Newport Heights Elementary schools, Grades 1 through 6. She stated that x Care Begins at Home ", and that over 350 students participated. Janine Gault, :Member of the Environmental Quality Affairs Citizens Advisory Committee, presented EARTH DAY POSTER AWARDS to students from Anderson and Newport Heights Elementary schools, Grades 1 through 6. She stated that the theme of this year's contest was "Earth Care Begins at Home ", and that over 350 students participated. Council Member John Cox presented Proclamations to Grad Nite Chairpersons from Corona del Mar and Newport Harbor High Schools in recognition of GRAD RITE WEEKS, JUNE 1 THROUGH 30, 1992. A Proclamation in recognition of AIDS WALK DAY, JUNE 14, 1992, was presented to Council Member Evelyn Hart. Council Member Hart stated that the event will be held at Mason Park in the City of Irvine, and that the monies raised from the Walk will go towards Aids research. A. ROLL CALL. B. Reading of Minutes of Meeting of May 26, 1992, was waived, approved as written, and ordered filed. C. Reading in fall of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the public hearing Ord 92 726 regarding proposed ORDINANCE NO. 92 -26, Zoning, bed' (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE THE DEFINITION OF THE TERN "BUILDING SITE' AS IT RELATES TO THE "COMBINING OF TATS AND PARCELS" REQUIREMENT, FOR THE PURPOSE OF INCREASING THE $5,000 LIMB ON CONSTRUCTION COST IN ANY ONE YEAR PERIOD FOR ALTERATIONS TO EXISTING STRUCTURES THAT CROSS PROPERTY LINES (PLANNING PCA 758 COMMISSION AMENDMENT NO. 758). Report from the Planning Department. The Planning Director summarized the purpose of the proposed amendment, noting that it was the Planning Commission's preliminary view that due to the increasing cost of construction, $5,000.00 would not allow much of an alteration to an existing building and that said figure should be increased so as to represent current dollar value of construction. The current figure of $5,000.00 was originally established in 1974. After discussing this item at a public hearing, a majority of the Commissioners made the determination Volume 46 - Page 192 '' 11 • Motion All Ayes • • CITY OF NEIIPO:RT BEACH June S. 1992 that the fee should now be increased to $20,000 before a resubdivision is required to create one building site. The Commission also recommended that the fee be readjusted on an annual basis thereafter, based on the Consumer Price Index (CPI) figure. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt ordinance No. 92 -26. Mayor Pro Tam Turner stated that he will "reluctantly" vote in support of the proposed amendment, but would like to review the ordinance at a future study session to determine if said ordinance is really needed or necessary. The motion was voted on and carried. Mayor Sansone opened the public hearing regarding proposed ORDINANCE NO. 92 -27, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING DISTRICTING MAP 20. 1, DELETING THE FRONT YARD SETBACKS ALONG THE SOUTHEASTERLY SIDE OF SONORA STREET AND THE NORTHWESTERLY SIDE OF NORDINA STREET AND TO ESTABLISH A 0 FOOT FRONT YARD SETBACK ALONG THE SEASHORE DRIVE FRONTAGE OF THE SUBJECT PROPERTIES (PLANNING COMMISSION AMENDMENT NO. 759). Report from the Planning Department. The Planning Director noted that this amendment was initiated by the Planning Commission, and its purpose is to take a block in West Newport that is bounded by Nordin, Sonora, Seashore, and the alley, and re- orient the required setbacks in that block so that they basically reflect the manner in which the lots have been developed. The net effect is that if these setbacks as recommended by the Planning Commission are approved, it would eliminate the need for property owners to come to the Planning Commission and /or City Council for variances in the event they wish to redevelop their property. Alan Goode, owner of property located at 7201 Seashore Drive, addressed the Council and stated that if the subject amendment is approved, he would like to request a refund, or a portion thereof, of the application fee he paid for Variance No. 1179 approved by the Planning Commission in November 1991. In response to the above, the Planning Director indicated that at the time Mr. Goode requested a variance, a fee was required, and due to expenses incurred in processing that application, he would not recommend a refund. Volume 46 - Page 193 Ord 92 -27 Zoning (94) PCA 759 CITY OF NEWPORT BEACH June 8, 1992 Volume 46 Page 194 MINUTES (45) 90 -3(A) 745 rfc Stdy 8 Fii1] There being no objections from the Council, 'the City Manager was directed to investigate further to determine whether or not a refund is warranted. Hearing no one else wishing to address the Council, the public hearing was is closed. Motion x Motion was made to adopt Ordinance No. All Ayes 92-27• 3. Mayor Sansone opened the public hearing regarding: GENERAL PLAN AMENDMENT 90 -3(A) - Request to amend the Land Use Element of the General Plan so as to eliminate the additional 119 hotel rooms approved for the SHERATON HOTEL SITE; change the development entitlement from hotel rooms to Retail and Service Commercial uses; and establish an allocation of 41,750 square feet of commercial development for the proposed General Commercial Site 5 in the Newport Place Planned Community; and the acceptance of an Environmental Document; AND PLANNING COMMISSION AMENDMENT NO. 745 - Request to amend the Newport Place Planned Community District Regulations so as to redesignate the existing Sheraton Hotel Site from Hotel Site lA • and 1B to Hotel Site 1 and General Commercial Site 5; AND TRAFFIC STUDY NO. 78 - Request to approve a traffic study so as to allow the construction of 41,750 square feet of retail commercial development in the proposed General Commercial Site 5; AND RESUBDIVISION NO. 980 - Request to resubdivide the existing Sheraton Hotel Site into two parcels of land. Report from the Planning Department. The Planning Director reported that the proposed project, as originally submitted by the applicant, would allow a maximum of 41,750 square feet of commercial development. In reviewing this proposal, staff identified two major concerns, potential traffic impacts and development feasibility. As a result of these concerns, which are enumerated in the staff report, staff drafted an alternative to the proposed project, which consists of a reduced density development of a maximum 31,362 • square feet. Staff believes this alternative would allow development of the site at an intensity that is commensurate with other similarly situated parcels in the area, and would Volume 46 Page 194 MINUTES (45) 90 -3(A) 745 rfc Stdy 8 Fii1] COUNCIL MEMBERS t :X "944 Motion All Ayes • CITY OF NEWPORT BEACH June 8, 1992 maintain the integrity of the City's long -range transportation planning. This alternative would also eliminate the project's potential to cause traffic volume to exceed City standards at the intersection of Jamboree and MacArthur. In response to question raised by Council Member Hart, the Planning Director commented that there are no specific plans for construction of the proposed project as it only involves the one 2.4 acre parcel. If the amendment is approved, then plans would be prepared in accordance with development standards outlined in the PC text, and neither the Planning Commission nor City Council would review those plans so long as the plans conform to the PC standards, With regard to a reduction in parking, John Douglas of the Planning Department, advised that there are currently 610 parking spaces on the hotel property, and pursuant to the Zoning Code, the hotel is required to maintain 349 parking spaces, and it's those excess parking spaces which will be converted into commercial entitlement. In actuality, the hotel will be retaining 352 parking spaces. The parking requirements for the commercial site (2.4 acre parcel under consideration), would be determined at the time the plans come in for development. The subject proposal would also establish a 50 foot height limit for the commercial site. Jerry Bame, representing the applicant, addressed the Council and stated that their proposal is the culmination of approximately 1 -1/2 years of work with the Planning staff, and they view the application as a downzoning of the property. He stated that although they are disappointed with the recommended Lower intensity of 31,362 sq. ft., as suggested by the Planning staff, they feel they can live with it as well as the recommended conditions of approval. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to: Approve the project as recommended by the Planning Commission, and adopt Resolution No. 92- 57 approving General Plan Amendment No. 90 -3(A) to provide for a maximum of 31,362 sq. ft. of Retail and Service Commercial other than hotel and motel on a portion of the Sheraton site; adopt Resolution No. 92 -58 approving Planning Commission Amendment No. 745 to the Newport Place Planned Community District Regulations to provide for a maximum of 31,362 sq. ft. of general commercial development on a portion of Sheraton Hotel site; and sustain the action of the Planning Commission in approving Traffic Study No. 78 and Resubdivision No. 980. Volume 46 - Page 195 MINUTES GPA 90 -3 (A) �, �. • Motion All Ayes is CITY OF NEWPORT BEACH MINUTES June 8, 1992 i I'm 4. Mayor Sansone opened the public hearing VIP Taxi regarding request for CERTIFICATE OF (27) PUBLIC CONVENIENCE AND NECESSITY BY VIP EXPRESS TAXI, pursuant to Newport Beach Municipal Code Section 5.12. Report from the Revenue Manager /Finance Department:. It was noted that VIP- Coastal, doing business as VIP Express Taxi, is requesting to operate six (6) 1991 Chevrolet Lumina vans as taxicabs. There are currently five taxicab companies authorized to operate in the City. The same vehicles these companies are authorized to operate in the City also operate in other Orange County cities, and all operate sedan -type vehicles capable of carrying at the most four passengers. The applicant has been licensed by the Public Utilities Company to conduct charter party passenger operations since 1984, and is reported by that agency to be currently in good standing. No other taxicab company licensed by the City operates vehicles capable of accommodating six passengers. Area hotels have shown a desire for this company to be authorized to operate their vans in the City because they are able to carry more passengers than conventional taxicabs and provide a cleaner, more professional image. Darryl Speech, Director of Marketing for VIP Express, addressed the Council and distributed booklets containing recent newspaper and magazine articles about their operation in other counties. He also displayed a photograph of the vans they will be using if their request is approved. Hearing no one else wishing to address the Council, the public hearing was closed. Motion was made to uphold staff's recommendation to approve the issuance of a Certificate of Convenience and Necessity to operate six vehicles, as requested, subject to conditions in the staff report. Mayor Sansone opened the public hearing Prelimnry regarding PRELIMINARY BUDGET FOR THE Budget FISCAL YEAR 1992 -93, pursuant to Section FY'92 -93 1102 of the Newport Beach City Charter. (40) Report from the Finance Director regarding Budget Check List. The City Manager presented an overview of the proposed Preliminary Budget for Fiscal Year 1992 -93, noting that the total funds amount to $90,154,000. The current budget for 1991 -92 was $99,000,000, of which a majority of the $9,000,000 difference was due to the cost of the new library. The staff, in reviewing their budgets, were asked to Volume 46 - Page 196 S� �f ROLL CRLL N • • CITY OF NEWPORT BEACH June 8, 1992 keep in mind four goals: 1) To maintain City reserves accumulated over the years; 2) To continue to provide high - quality public service; 3) To continue the Capital Improvement Program; and 4) That any fee or tax increase be minimized in view of the current economy. However, when the budget was prepared, the City did not realize the magnitude of the State's budget shortfall and its impact on cities. As a result, there are many items of concern the City's needs to be cognizant of, such as: 1) Partial or total elimination in vehicle license fee revenues; 2) Possible realignment and distribution of property tax; and 3) Possible redistribution of sales tax revenues. The staff is in the process of preparing a contingency plan in view of the recent proposal by the State, which will be reviewed with the City Council. City Directors have been requested to look at 2.5% and 5$ reductions within their departments. In addition, there will be no replacement of personnel for the time being, and no newly created positions will be frilled until we know to what extent the State's shortfall will impact the City. Dean Vickstrom, 209 Fernleaf, representing the Board of Managers of the Newport/Mesa YMCA, addressed the Council and requested consideration be given to increasing the current funding level of $25,000 for Human Services. He stated that the amount of $25,000 has remained constant since 1985, whereas the City's Cultural and Arts fund is $55,000. He stated they were grateful to the City for the financial assistance they have received in past years, but that increased funding is needed to provide for family counseling and child care programs. Hearing no others wishing to address the Council, straw votes were taken on the Budget Check List for 1992 -93 fiscal year as follows: Personnel Department Ride Share Coordinator - $22,400 (2 part -time employees)z, Council Member Cox stated he will be voting "no" on this request, inasmuch as he has seen a great deal of evidence indicating the AQMD Reg. 15 program is having difficulty meeting its goals, and in view of the City's current budget problems, he felt there were other ways to handle this situation. Volnne 46 - Page 197 MINUTES uia' Budget Check List CITY OF NEWPORT BEACH June S. 1992 Volume 46 - Page 198 MINUTES Budget Check List Council Members Turner and Watt indicated their concurrence with Council Member Cox's remarks. Green Following a straw vote, the foregoing d x x x x x x x request was not included in the budget. Finance Department 1. Copier Improvement Program (City -wide) - $18,500 The City Manager stated that during the budget review it became obvious the City should take a comprehensive view of copier replacements throughout the City. One of the chief complaints of City Mall departments is that the copiers are too often broken or in need of maintenance. With that in mind, it was decided to study the copying needs of City Mall with the ultimate goal of replacing /relocating all of the current machines. Green x x x x x x Following a straw vote on the above Red x request, It was included in the budget. Fire Department - Operations 1. Explorer - $25,000 Reference was made to the memorandum from Fire Chief Tim Riley, justifying the above request, and noting in part, that as a result of the Fire Department reorganization, a new position of Operations Chief had been created. This • position is responsible for overseeing all field activities, including emergency response to major incidents. There is a need to purchase a vehicle for this person, and during the American Trader Oil. Spill, they were hampered in their response because they did not have a four wheel drive vehicle. They also had one additional four wheel drive vehicle in the proposed budget that was already eliminated. Fire Chief Tim Riley addressed the Council, and summarized what had taken place during budgetary review with the City Manager with regard to vehicle use and reorganization of the Fire Department. He stated that due to budgetary reductions, he felt they had demonstrated a responsibility to try to spread out the existing vehicle base over their existing personnel by developing a ride -share /time -share concept with their vehicles. Green x x Following a straw vote on the above Red x x x x x re uest, it was not included in the budget. Fire Department - Education & Training • 1. Video Projector - $10,000 2. Video Production Equip - 61,000 Volume 46 - Page 198 MINUTES Budget Check List CITY OF NEWPORT BEACH COUNCIL MEMBERS June ^t . ROLL CR! • • Green Red x x Green x X Red • It was pointed out that the Fire Department plans to present many programs to large groups where they will not have the means to project their videos. While watching these videos on a television monitor is acceptable for individuals and small groups, it does not worts well for large group presentation. It is important that students be able to clearly see what they are presenting to them to be effective. They plan to make videos an even greater part of their day -to -day operations in the future. Every training tropic delivered to the stations saves the City money and enhances service. They are planning to link all of the fire stations via a cable interconnect in the future, thus enhancing their video training delivery system. They also plan on using video for delivering training to the public. Their new public education person will be charged with the responsibility to develop video programs on fire safety, emergency medical care, disaster preparedness that will be easily delivered to the public, either at public education programs or via the City's cable system. Prior to their budget submission, they went through their video equipment request and pared it down to what has been submitted. During their review with the City Manager, they eliminated other items to keep this program funded. They feel this is an essential expenditure and would prefer to keep it funded over other expenditures if necessary. The figures quoted are only budget estimates and, if approved, they would advertise for competitive bids. Following a straw vote on the request for a Video Projector, it was not included in the budget. Following a straw vote on the request for Video Production Equipment, it was included in the budget. It was also indicated by the Council, that if the Fire Department could purchase both items in the amount of $61,000, they had no objections. General Services Department 1. Overtime (Administrative) I I I X I X X X 5. Overtime (Refuse).- X It was pointed out that the Fire Department plans to present many programs to large groups where they will not have the means to project their videos. While watching these videos on a television monitor is acceptable for individuals and small groups, it does not worts well for large group presentation. It is important that students be able to clearly see what they are presenting to them to be effective. They plan to make videos an even greater part of their day -to -day operations in the future. Every training tropic delivered to the stations saves the City money and enhances service. They are planning to link all of the fire stations via a cable interconnect in the future, thus enhancing their video training delivery system. They also plan on using video for delivering training to the public. Their new public education person will be charged with the responsibility to develop video programs on fire safety, emergency medical care, disaster preparedness that will be easily delivered to the public, either at public education programs or via the City's cable system. Prior to their budget submission, they went through their video equipment request and pared it down to what has been submitted. During their review with the City Manager, they eliminated other items to keep this program funded. They feel this is an essential expenditure and would prefer to keep it funded over other expenditures if necessary. The figures quoted are only budget estimates and, if approved, they would advertise for competitive bids. Following a straw vote on the request for a Video Projector, it was not included in the budget. Following a straw vote on the request for Video Production Equipment, it was included in the budget. It was also indicated by the Council, that if the Fire Department could purchase both items in the amount of $61,000, they had no objections. General Services Department 1. Overtime (Administrative) - $ 175 2. Overtime (Bldg Mtnce) - 23,000 3. Overtime (Field Mtnce.) - 90,000 4. Overtime (Traffic Signs) - 1,200 5. Overtime (Refuse).- 85,000 6. Overtime (Equip Mtnce) - 5,000 Council Member Hedges stated it was at his request that this item be placed on the budget check list; however, after reviewing the comprehensive - memorandum from the General Services Director on this subject, he stated he applauds his efforts to continue to reduce the overtime accounts. Volume 46 - Page 199 Budget Check List • Green Red • *en X 10160`LIMIDWi4]Nli: DUO I June 8, 1992 Reference was made to the budget spread sheet attached to the memorandum from the General Services Director depicting overtime totals for Fiscal Years 1990- 91, 1991 -92, and 1992 -93. It was also noted that this Department monitors overtime accounts very closely. During October 1991, a new Department policy was instituted in which all scheduled and unscheduled overtime (except emergencies) had to be pre- approved by the Finance Director or the Deputy Director. This action sharply curtailed the use of overtime and resulted in the high levels of unused overtime earmarked at the 10 month level as noted in the spread sheet. X x x x x Following a straw vote on the above requests, Items 1 through 6 were included in the budget. General Services - Field Maintenance 1. Catch Basin Cleaner - $154,000 (Vector Truck) The General Services Director reported In his memorandum that he had explored every aspect to avoid the purchase of a second Vector; double shifts; shared equipment, and even the rebuilding of the old Utilities Vactor. Their present Vector, a 1986 model, due to its age and salt damage, has been rebuilt in- house. Therefore, they need a new front line dependable vehicle to meet NPDES mandatory requirements in the coming year. They do not feel a Vector truck could be shared due to the full work schedule of both Departments and the problems relating to sanitation of the collected material. The General Services Director addressed the Council and advised that there are 1600 catch basins in the City, and at the present rate of working 8 hours each day, only one half of them can be cleaned per year. However, pursuant to the new NPDES system, all catch basins are required to be cleaned annually, and if this Vector truck is not approved, then the City cannot meet those requirements. The Public. Works Director commented that there has been a great deal of interest in water quality in this City for many years, and he felt from all the information he has seen, the two single most effective things that can be done for water quality is to maintain a good street sweeping program and to maintain a good catch basin and storm drain cleaning program. X x x x x Following a straw vote on the above request, it was included in the budget. Parks, Beaches & Recreation Department - Senior Citizen Division 1. Transportation Specialist - $23,192 (plus benefits) Volume 46 - Page 200 1.11,'1ll_s. INDEX Budget Check List •n r ILI 07 CITY OF NEWPORT BEACH DUUM June 8, 1992 Volume 46 - Page 201 List It was noted in the memorandum from the Parks, Beaches & Recreation Director that the Care -A -Van program has been in existence since August, 1990, and if it were not for this service, many of the frail and disabled residents of this community would not have their medical • and personal needs met. The program was originally funded by a grant from the Steele Foundation and Hoag Family Foundation. The grant purchased the Van and paid the driver's salary for 2 years. The grant will run out in July of this year and does not have the capability of being extended. After investigating various alternatives, it is recommended to the Council that the City offer to fund the new position if Friends of Oasis contribute 50% of the cost of the employee on a continuing annual basis. Their fund raising capability and priority of expenditures should allow a commitment to this program if it is to be continued. This cooperative approach increases City revenue and embraces a program on a shared basis. Celeste Jardine -Haug, Recreation Supervisor at OASIS, addressed the Council and stated the reason for the requested position is that the current grant for this van driver is expiring. The other van driver has been a Friends of the Oasis employee since the center began. If the position is not approved, then the OASIS would have do additional. fund- raising to pay for the • salary for this position. They feel this is a very important program as enumerated in the Department Director's memorandum to the Council; it is a highly visible program, and good use of taxpayers dollars. Another option that she felt could be looked into if this request is not approved, is the possibility of contracting with Hoag Hospital, inasmuch as many of the van users are taken to Hoag for various treatments. They also provide services to a number of physical therapy groups which also may be an alternative to consider. Green x x x x x x x Following comments by various Council Red Members, a straw vote was taken to approve a Brant in the amount of $23,192 to Friends of the Oasis for fiscal year 1992 -93 for the requested position. In addition, staff was directed to pursue the feasibility of obtaining other outside financial assistance from such agencies as Hoag Hospital, Physical Therapy groups, etc. Parks, Beaches & Recreation Department - Arts & Cultural • 1. Arts Coordinator - $6,000 (Transfer from Non -Dept Approp. for Contingencies) Volume 46 - Page 201 List COUNCIL MEMBERS J Green x x x Red x x x Motion x All Ayes • • CITY OF NEWPORT BEACH June 8. 1992 Council Member Plummer stated that she had requested this item be placed on the check list: due to the fact that when the Sister City Program began initially, there was only one sister city to Newport Beach. This has now expanded to three sister cities, and as a result, the workload for the Mayor's Secretary has increased. If this $6,000 is approved, the current part time Arts Coordinator would provide staff assistance to the Sister City Program. Following a straw vote on the above request, it was included in the budget. There being no further items on the check list, the public hearing was closed, and motion was made to direct staff to prepare a resolution for the Council meeting of June 22, 1992, formally adopting the Fiscal Year 1992- 93 Budget. PUBLIC C0141ENTS: Judy Liebeck, 24 Cypress Tree Lane, addressed the Council with regard to the preservation of the Buffalo Ranch buildings, and distributed maps suggesting an alternative route for the Ford Road Alignment. She also displayed bags containing numerous cards and faxes in support of preserving the buildings. Mayor Sansone informed Ms. Liebeck that the Buffalo Ranch is in the City of Irvine and owned by The Irvine Company, and not in the City of Newport Beach. He stated our City staff is working with the staffs of the City of Irvine and the Transportation Corridor Agency to provide a, design for realigning Ford Road that accomplishes Newport Beach's objectives. He added that City staff will continue to work with the other agencies to minimize the disturbance of the buildings on Buffalo Ranch. The City Manager advised that the Ford Road Alignment will be the subject of discussion at the June 22, 1992 Study Session, in which a presentation will be given by City Engineer Don Webb and representatives from the Transportation Corridor Agency. He also stated that a letter clarifying this issue signed by the Mayor was mailed today to all interested local residents who had sent letters or faxes to the City during the past few weeks. The following persons also addressed the Council in support of preserving the buildings on Buffalo Ranch: Dennis Linthicum, 339 Peach Tree Linda Feffer, 862 Bear Creek Beth and Victor Vorrath, 323 -1/2 Larkspur Vincent Barry, 2303 Appletree Drive Volume 46 - Page 202 MINUTES Budget Check List Ll • Motion All Ayes • r. °�a ra•� X CITY OF NEWPORT BEACH MINUTES June S. 1992 1000 Jed Olenick, 1726 Skylark Lane, Dover Dri addressed the Council and submitted 19th St petitions containing over 150 signatures in opposition to the proposed plans to widen Dover Drive and 19th Street, and to construct the 19th Street bridge over the Santa Ana River, for the following reasons: 1) increase in traffic, 2) increase risks of accidents, and 3) cause unsafe traffic situations for children and other pedestrians travelling to and from school, park and library. He requested this issue be placed on a future Study Session agenda for further discussion. The Public Works Director responded that "there is no program, no funds and no proposal to widen Dover Drive." Further, it is his belief that it will never happen as the possibility of additional traffic generators coming along to increase traffic volumes along Dover Drive is essentially nil. Consequently, there is no reason to widen Dover Drive and the City has no plans to do so. In reply to question raised by Mr. Olenick, the Public Works Director stated that "Yes, the proposed extension has always been in the City's Master Plan; and this was not changed in the 1988 General Plan update." He also advised that an EIR was not being prepared for the widening of Dover Drive. In addition, in order to clarify this issue to concerned residents, he will direct his staff to prepare correspondence to the persons who have written letters and those who signed the petitions just submitted. Council Member Watt indicated she felt this matter was worth further discussion at a Study Session meeting. The Public. Works Director also commented that the County study deals only with 19th Street and not Dover Drive. 3. Barry 2anak, 314 34th Street, addressed Two -Term the Council regarding the proposed two- Limit/ term limit for Council Members. He Council stated that the committee circulating petitions has already collected 7,000 signatures, and if the City Council were to initiate this Charter Amendment rather than the Committee, it would save approximately $8,000 in election costs for signature verification. F. CONSENT CAI.ENDAH: The following actions were taken, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Schedule for public hearing on June 22, 1992 - (a) Proposed ORDINANCE N0. 92 -29, Ord 92 -29 being, Zoning (94/27) Volume 46 - Page 203 � � 'a rya•,. =N114 RIN X, .f CITY OF NEWPORT BEACH June B, 1992 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.74.020(H) OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE DEFINITION OF MODEL STUDIO. [Report from the • Planning Department] Pass to second reading on June 22, 1992 - (b) Proposed ORDINANCE NO. 92 -30, Ord 92 -30 being, Licensing (27) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.30 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MODEL STUDIOS. [Report from the Assistant City Attorney] (c) Removed from the Consent Calendar (refer to agenda item G. 1 for Council action) . Schedule for public hearing on June 22, 1992 - (d) Proposed ORDINANCE NO. 92 -31, Ord 92 -31 being, Basic Wtr Rate Incr AN ORDINANCE OF THE CITY COUNCIL (89) OF THE CITY OF NEWPORT BEACH AMENDING VARIOUS SECTIONS OF CHAPTER 14 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING INCREASE IN BASIC WATER RATE AND WATER CHARGES. [Report from the • Utilities Department] 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 92 -59 modifying the Utilities/ amount of charges levied by other Wtr Srvs agencies for rater services to be Res 92 -59 shown on the utility bill as a separate item in the amount of (89) $0.97 per month. [Refer to report w /agenda item F -1(d)] (b) Resolution No. 92 -60 supporting Offshr Oil adoption of HR776 pertaining to Drilling RAN ON OFFSHORE OIL DRILLING until Res -92 -60 2002. (87 ) (c) Resolution No. 92 -61 designating $7,500,000 of Certificates of ew Library Participation Series 1992 (CENTRAL es 92 -61 LIBRARY BUILDING) Project as "qualified (50) tax - exempt obligations." [Memorandum from Finance Director] (d) Resolution No. 92 -62 determining hprop Lmt and establishing an APPROPRIATIONS '92 -93 LIMIT FOR FISCAL YEAR 1992 -93 in Res 92 -62 accordance with Article BIIB of (40) the California Constitution and • Government Code Section 7910. [Memorandum from Finance Director] Volume 46 - Page 204 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CALL June 8, 1992 3. 4. • 5. 6. 7. • CONTRACTS/AGREEMENTS: (a) Removed from the Consent Calendar (refer to agenda item G. 2 for Council action). (b) CENTRAL LIBRARY (CONTRACT NO. 2778) - Waive the minor irregularity and allow Roll Construction's Alternate Bid Item No. 6 to be changed from $64,000 to $4,000; accept low bid of Roll Construction of $8,071,000 which includes the base bid less Alternate Bid Item Nos. 3, 4, 6, 7 and 8; authorize execution of contract with Roll Construction; and authorize the sale of the West Newport Library site. [Report from the Public Works Department] (c) Removed from the Consent Calendar (refer to agenda item G. 3 for Council action). (d) Approve Agreement to transfer MARINAPABR MOBILEHOME SPACE 3 -E, from James R. Quandt to Christopher Shea and Jacqueline E. Berry. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Memorandum from the Finance Director recommending the CITY TRAVEL POLICY STATEMENT as the official travel policy for the City. For Council information and filing: (b) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON NAY 21, 1992. PUBLIC HEARING SCHEDULING: None. WEST NEWPORT BEACH /SANTA ANA RIVER SAND DEPOSITION PLAN - Authorize the Mayor and City Clerk to execute an Amended Right -of -Entry Permit for the U.S. Army Corps of Engineers and its Contractor, Steve P. Rados, Inc., to place sand in the near shore area of West Newport Beach. [Report from the Public Works Department] SPECIAL EVENTS APPLICATION NO. 92 -157 - Uphold staff's recommendation to approve request for 'Race for the Cure' Susan B. Kommen Foundation, 5 -K Run/Valk Fundraiser for Breast Cancer, Fashion Island/Newport Center on September 27, 1992 from 6:00 - 11:00 a.m., subject to conditions listed in the staff report. (Report from Revenue Manager /Finance Department) Volume 46 - Page 205 New Library C -2778 (38) lhm Tsfr 3 -E 2875 (38) Trvl eat Npt/ Ana Rvr nd Dep Pln 74) 1pl 92 -157 (27) .e. • Motion All Ayes Motion All Ayes • Motion All Ayes � !a r.a•ti x x x CITY OF NEWPORT BEACH June 8, 1992 8. BUDGET AMENDMENTS - For approval: BA -059, $20,500 - Appropriated from the General Fund as an additional loan for assessment and legal services. [Report from the Public Works Department /Board of Library Trustees - UNDERGROUNDING UTILITIES IN BLOCK 5, EAST NEWPORT bounded by W. Bay Avenue, 7th Street, Balboa Boulevard and 8th Street] G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Utilities Department to introduce proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 14.24 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING SEWER CHARGES. Notion was made to refer this item to staff for report back on June 22, 1992. 2. Report from Public Works Department recommending awarding CONTRACT NO. 2906 FOR MODIFICATION OF TRAFFIC SIGNAL ON BALBOA BOULEVARD AT PALM, MAIN AND 23RD STREETS to Superior Signal Service Corp., for $20,588. Notion was made to refer this item to staff for report back on June 22, 1992 as recommended by the Public Works Director. 3. Report from the Utilities Department recommending approval of AGREEMENT FOR SALE OF WATER. OUTSIDE THE CITY FOR GRADING AND CONSTRUCTION DOWNCOAST by Ralph D. Hitzel Company, Inc. Notion was made to refer this item back to staff for additional information on June 22, 1992. H. ORDINANCES FOR ADOPTION: 1. Reports from Building and Fire Departments regarding second reading of the following ordinances: (a) ORDINANCE N0. 92 -15, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CBAPTEE 15.02 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION. (b) ORDINANCE N0. 92 -16, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.03 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM HOUSING CODE, 1991 EDITION. Volume 46 - Page 206 MINUTES Utilities/ Undrgr East Npt (89) Utilities/ Swr Chrg (89) Trfc Sgnl Mdfctn/ Balboa B1 6 23rd C -2906 (38) Utilities/ Sale Wtr (89) Ord 92 -15 Adm Code (26) (26) 92 -16 ;f F" • • • June S. 1992 (c) ORDINANCE NO. 92 -17, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1991 EDITION. (d) ORDINANCE NO. 92 -18, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AM®DING CHAPTER 15.05 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM MECHANICAL CODE, 1991 EDITION. (e) ORDINANCE NO. 92 -19, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.06 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE NATIONAL ELECTRICAL CODE, 1990 EDITION. (f) ORDINANCE NO. 92 -20, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.08 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM PLUMBING CODE, 1991 EDITION. (g) ORDINANCE NO. 92 -21, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.09 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM SWIMMING POOL CODE, 1991 EDITION; AND 2. Proposed ORDINANCE NO. 92 -28, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 9.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM FIRE CODE, 1991 EDITION. The City Manager indicated that adoption of the above ordinances will keep the City in step with current building and fire regulations and will assure compliance with State law. These updated codes are needed for enforcement of minimum standards to safeguard life, health, property, and public welfare within the City of Newport Beach. Hal Woods, Architect, addressed the Council regarding the proposed adoption of the 1991 Uniform Fire Code, specifically Section 9.04.190 relating to automatic sprinkler systems. He stated he felt this amendment is too restrictive; that this is not the time and place for such an amendment; and the Volume 46 - Page 207 MINUTES 92 -17 Code (26) )rd 92 -18 Kech Code (26) (26) 26) 26) 92 -19 Code 92 -20 92 -21 R P1 92 -28 ire Code 991 Edtn 41) CITY OF NEWPORT BEACH r ra c a•« MINUTES iin701 amendment will make what little Building/ commercial business there is in the City Fire Codes a lot less competitive. Fire Chief Tim Riley, addressed this issue stating there are basically two items that need clarifying at this time. • First, this is not a new ordinance; it is actually a change in the existing ordinance and a "relaxing" of the existing standards. In April 1990, the current standards were adopted and require that modification to any type of building in the City that exceeds the 5,000 sq. ft. level will require retrofitting with fire sprinklers. He felt this requirement was unreasonable, depending upon the scope of the remodel, and tried to devise a means that would accommodate the needs of the citizenry and still provide essentially a built -in protection that was needed for buildings that go beyond the 5,000 sq. ft. level. As a result, he attempted to utilize some of the existing language in some of the old standards, particularly the 1974 Uniform Building Code. The new requirement states that any additional square footage equal to 258 of the existing square footage over 5,000 sq. ft. will be built under the existing code it was built under originally. Any modification to a building from its original square footage of up to 508 over 5,000 sq. ft. will require only the additional footage to come under the new codes. It will not require a complete retrofit of fire sprinklers. • The second item that has been incorporated into the proposed ordinance„ which is an existing standard, states that any building which is currently over 5,000 sq. ft. that remodels 508 or more will require retrofitting with sprinklers. Mayor Pro Tem Turner briefly described some of his concerns relative to Section 9.04.190 indicating he, too, felt the requirements were too restrictive, as stated by Mr. Woods; therefore, he suggested this Section be eliminated from the Code until input can be obtained from some of the local architects, contractors, etc. In response to the above, Fire Chief Riley noted that the proposed language contained in Section 9.04.190 was made "less restrictive" as a result of a complaint from a local architect within the past six months. Council Member Hedges indicated he thought the entire Fire Code should be reviewed by the people who work with the code on a day -to -day basis as he felt many of the requirements were "way off • base and unreasonable." Volume 46 - Page 208 • Motion • Motion All Ayes • X CITY OF NEWPORT BEACH June B, 1992 Reimer Schuller, Building Director, stated that if Section 9.04.190 is not adopted, the City would fall under State law requirements until that particular section is; revised and approved. Council Member Watt stated it would be her preference to adopt the entire ordinance as presented, and then amend the Section under consideration if necessary at a future date. However, she was concerned with the costs that are incurred in installing automatic sprinkler systems, and questioned whether or not staff could estimate and bring this item back to the Council. Following comments, motion was made to adopt Ordinance No.'s 92 -15 through 92- 21 as enumerated in the above. Council Member Hedges stated that prior to voting on the subject ordinances, he wanted to express his concerns with regard to Ordinance No. 92 -21, the Uniform Swimming Pool Code, 1991 Edition. He stated that he felt the proposed ordinance is singling out new pool owners with restrictive requirements regarding fencing and alarms. He stated he realized the intent of the ordinance is to save children from swimming pool drownings, which he felt should be encouraged; however, to mandate such requirements to those people who may or may not have a use for it, and who are not directly affected by it, is wrong. In view of his thoughts, he felt this ordinance should be deferred at this time and reviewed again by the staff. The City Manager stated that the proposed ordinance will apply to only new pool owners and not be retroactive. He felt the ordinance was reasonable and fair, and anyone constructing a new pool will be made aware upfront of the City's requirements. He stated that the Building Director has estimated the new code requirements will cost an additional $300 to $1,000 per pool Installation, depending upon the total cost of that pool. In view of the foregoing comments, Mayor Pro Tem Turner amended his motion to adopt Ordinance No.s 92 -15 through 92- 20, and to vote on Ordinance No. 92 -21 separately. Tom Sutro, President, Newport Mesa Association of Realtors, addressed the Council and stated that in the past they have conducted pool safety awareness programs to educate pool owners of all ages. They have reviewed the proposed ordinance and have no objections; however, if additional fencing were to be required in addition to the fencing around the outside perimeter of the pool, then they would like to have another look at the ordinance. Volume 46 - Page 209 U01W Building/ Fire Codes CITY OF NEWPORT BEACH ROLL 0\ k\A\\ \\\ June 8. 1992 MINUTES INDEX Motion x Hearing no further comments, motion was Ayes x x x x x x made to adopt Ordinance No. 92 -21. Noes x . otion x Notion was made to adopt Ordinance No. Ayes 92 -28, with the deletion of Section 9.04 -190, which staff is to review and report back within one month. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from the Public Works Traffic Department /Traffic Engineering Road Bumps concerning; ROAD BUMPS. (85) The City Clerk advised that after the agenda was printed, two letters were received regarding speed bumps on Highland Drive from the following: Randall J. Friend (favors road bumps), and Lawrence R. Harris (opposed to road bumps). The City Manager stated that at the May 26, 1992 City Council Meeting, the staff was requested to prepare a report on road bumps in response to citizen input both for and against the bumps. As a result, it is unclear whether the City should continue with the road bump program given the bitter divisiveness it • has created in some neighborhoods. On the other hand, there may be streets where the bumps will slow traffic without generating significant complaints from adjacent streets or those who do not live on the street but must use the street due to lack of reasonable alternate routes. The current Council policy contains a number of generalities since it is impossible to foresee every situation that can occur. These generalities invite debate over the application of the standard and the Policy can be improved with careful scrutiny by staff and the City Council. In view of the above, the following recommendation was presented: A. Direct staff to continue processing requests for road bumps pursuant to Council Policy L -13, or B. Direct staff to hold road bump requests in abeyance until such time as the City Council reviews Council Policy L -13, or C. Determine that road bumps are not an appropriate • method of reducing speeds on streets within Newport Beach and direct staff to pursue other means of controlling speed in residential neighborhoods. Volume 46 - Page 210 COUNCIL MEK E E =:Z(41941 CITY OF NEWPORT BEACH June 8, 1992 Volume 46 - Page 211 - )01 -1*9 Traiiic Road Bumps (85) The City Manager reported that based on discussion at the Last Council meeting regarding road bumps on Carnation Avenue and Highland Drive, mailers with return post cards have been sent, and if there is a 658 return rate in favor of the speed bumps, the speed bumps will be • installed with direction from the Council. The issue tonight is the City's policy with regard to future speed bumps. The City Manager also advised the Council that on the June 22, 1992 agenda, there will be a report on "photo - radar" as a tool for City use in controlling speed within the City in the future. Tony Ellsworth, 3130 Clay Street, addressed the Council in opposition to speed bumps in his neighborhood, and urged that this issue not be approached on a band -aid basis, but rather a regional basis. He added that he does not feel speed bumps "cure anything." Elmer Rithenburger, 2024 Highland Avenue, addressed the Council in opposition to speed bumps on Highland Drive, indicating he felt they would only compound the problem, and that the money spent on road bumps could be better spent on a comprehensive study on road bumps. Victoria Pene, 617 Carnation Avenue, addressed the Council and stated she • represents many residents on her street who are "vehemently" opposed to road bumps. She urged the Council to use the funds for arts, education, homelessness, etc. Lucy Harrison, 2720 Harbor View Drive, also spoke against road bumps not only on Harbor View Drive, but any street in the City in view of the proposed decrease in revenues the City will be receiving from the State. Motion x Following consideration, motion was made to determine that road bumps are not an appropriate method of reducing speeds on streets within Newport Beach, and direct staff to pursue other means of controlling speed in residential neighborhoods. Motion x Substitute motion was made by Council Member Watt to direct staff to hold road bump requests in abeyance until such time as the City Council reviews Council Policy L -13; and direct staff to pursue other means of controlling speed in residential neighborhoods. It was noted that road bumps can be • removed pursuant to current Council Policy if 65% of the property owners are in support:. Volume 46 - Page 211 - )01 -1*9 Traiiic Road Bumps (85) < :zell :1HM� 9 Ayes Motion All Ayes Motion All Ayes • • X x X, June B, 1992 Council Member Plummer suggested that consideration be given to revising the existing policy so that it limits the areas where road bumps will be most effective. Following discussion, Council Member Watt °s substitute motion was voted on and carried. 2. ENVIRONMENTAL QUALM AFFAIRS CITIZENS ADVISORY COMMITTEE VACANCY: Motion was made to accept with regret, resignation of Geneva Matlock, and confirm (District 5) Council Member NaWa appointment of Richard Greaney to fill the unexpired term ending December 31, 1992. 3. NOMINATIONS TO BOARDS AND COMMISSIONS FROM APPOINTMENTS COMMITTEE (FOR APPOINTMENT ON JUNE 22, 1992). Mayor Pro Tom Turner, Chairman of the Council Appointments Committee moved to confirm the following nominations: BOARD OF LIBRARY TRUSTEES Charles Sword AND Roger Barcuist CITY ARTS CONKISSION Kvm Young AND Mary Ann Miller Howard Herzog AND Patricia Brubaker CIVIL SERVICE BOARD (Employee Association Nominees) Clint Hoose AND Kendall Jacobson AND (Deferred to 6 722 -92 PARKS, BEACHES AMD RECREATION COMIIISSION Jo Vandervort AND Roy Englebrecht Bill Schoulau AND Barbara Barnard GarV Pomeroey AND Jerome Halderson Jan Debav AND Anne Gifford Mayor Pro Tom Turner stated that the Appointments Committee interviewed a number of outstanding candidates for the various vacancies, and questioned whether or not the Council would be in favor of expanding the Arts Commission's current membership from 7 to 9. Volume 46 - Page 212 EQA /CAC Boards/ Commissions COUNCIL PENBERS :7 • • CITY OF NEWPORT BEACH June S. 1992 The City Attorney advised that Section 712 of the City Charter provides for only 7 members, and therefore, a Charter Amendment would be necessary to increase the membership to nine. Meeting adjourned at 10:35 p.m. ,ir ,r yr +t tr ik 1r # Mr +k yt ik ,it The agenda for this meeting was posted on June 4, 1992 at 10:00 a.m. , on the City Ball Bulletin Board located outside of the City of Newport Beach Administration Building. /I Volume 46 - Page 213 ;)(1111 scl 01:11- Na r /I Volume 46 - Page 213 ;)(1111 scl 01:11-