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Home My WebLink About07/13/1992 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS �t REGULAR COUNCIL MEETING . gf PEACE: Council Chambers TIME: 7:00 P.M. DATE: July 13, 1992 Present I x I x I x' x x J x J x J ROLL CALL Motion Al 1 Ayes M on All Ayes on Ayes x x Reading of minutes of meeting of June 22, 1992, was waived, approved as written, and order filed. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. PUBLIC HEARINGS Mayor Sansone opened the public hearing regarding CITY HOUSEHOLD HAZARDOUS WASTE ELEMENT (HHWE) - Proposed resolution for adoption stating that the City of Newport Beach has complied with the requirements of AB939 and AB2707 and that the City Council adopt this Household Hazardous Waste Element and approves its submission to the Orange County Integrated Waste Management Department for inclusion in the County Integrated Waste Management Plan. Report from the General Services Director. The City Manager reported that. the preliminary draft of the City's Household Hazardous Waste Element delineates City programs to reduce the amount of HHW generated and disposed of within this jurisdiction, and was presented to the City Council on February 10. On that date, it was accepted and forwarded to the State, the County, adjacent cities, and the Southern California Association of Governments for comments. At the April 13 Council meeting, public comments on the document were solicited; however, none were received. Very brief general comments on the draft were received from the State and SCAG, and have been incorporated into the final draft. In accordance with the California Environmental Quality Act and Council Policy R -3, an Initial Study has been prepared for this project. This study indicates that the project is not anticipated to have a significant effect on the environment, therefore, a Negative Declaration has been prepared and included with this report. Once the HHWE is adopted, it will be forwarded to the County for inclusion in the County HHWE, which is to be adopted in 1994. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt the Household Hazardous Waste Element and Resolution No. 92 -72 as presented. Volume 46 - Page 228 MINUTES Hazardous (44) Res 92 -72 G, is • CITY OF NEWPORT BEACH MINUTES July 13, 1992 Wm* 2. PROPOSED ORDINANCE NO. 92 -33, being, Ord 92 -33 AN ORDINANCE OF THE CITY COUNCIL Sewer Use/ OF THE CITY OF NEWPORT BEACH Connection AMENDING CHAPTER 14.24 OF THE Fees NEWPORT BEACH MUNICIPAL CODE (89) PERTAINING TO SEWER USE AND SEWER CONNECTION FEES. Supplemental and recycled report dated June 22, 1992 from the Utilities Department concerning sewer system funding and increase of sewer use and sewer connection fees. Jeff Staneart, Acting Utilities Director, addressed the Council and in summarizing his report, recommended the following: a. Adjust the sewer consumption charge to $0.08 for each hundred cubic feet of water delivered to each customer connected to the City sewer system. b. Provide for an increase in the sewer use charge from a basic fee of $4.75 per month to $5.25 per month for sewer customers not purchasing water from the City. C. Eliminate the basic sewer charge waiver for all non - irrigation water customers with meters equal to, or larger than, 2- inches in diameter. d. Provide for an increase in the charge for additional units from $1.95 per month to $2.00 per month. e. Provide for an increase from $30.00 to $250.00 in the sewer connection fee collected from applicants for new sewer connections to the City's sewer system. Mr. Staneart discussed the funding needed for maintaining the City's sewer system, noting that currently, the sewer fees are not adequate to provide the funds necessary to offset the costs of operations and meet the capital requirements for pump station maintenance, pump station replacements or the necessary sewer main replacements. The City has 24 wastewater, pump stations, and seven of those stations are in need of significant replacement or reconstruction. The City also maintains over 200 miles of sewer mains with 24,000 lateral connections, and at the current rate of funding, the City is on a pace to replace all of the mains every 183 years. It is unlikely that any will last this long without failure. The proposed Ordinance will provide a level of funding to maintain the City sewer system and provide a more appropriate Volume 46 - Page 229 CITY OF NEWPORT BEACH July 13, 1992 Volume 46 - Page 230 11)G lW UP 3446 (88) amount of sewer main replacement and sewer pump station work. These recommendations were reviewed by the Utilities Committee on June 11 and are now being recommended for approval. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Ordinance No. 92 -33. Mayor Sansone stated he will support the motion, however, he would like staff to pursue alternative methods in which to finance the maintenance of the City's sewer system rather than increasing the All Ayes sewer fees to the users. 3. Mayor Sansone opened the public hearing regarding USE PERMIT NO. 3446 - Request to permit the construction of a second dwelling unit (Granny Unit) on property located in the R -1 District in accordance with Chapter 20.78 of the Newport Beach Municipal Code that permits a second dwelling unit if said residence is intended for one or two persons who are 60 years of age or older. The proposal also includes a modification to the Zoning Code so as to maintain an interior width of 16 feet 6 inches in a two car garage, where the Code requires a width of 17 feet 6 inches. A third on -site parking space • is also proposed, as required by Code; property located at 505 Santa Ana Avenue, between Clay Street and 15th Street in Newport Heights. Report from the Planning Department. The City Clerk reported that after the agenda was printed, a letter was received from Joann Lombardo, 2916 Clay Street, concerning the proposed Granny Unit addition. The Planning Director advised that the proposed Granny Unit meets all requirements for such units as set forth in Chapter 20.78 of the Municipal Code. The property owner intends to occupy the main dwelling unit, and the owner's 89 year -old mother will reside in the Granny Unit. The subject property is currently developed with a single family dwelling and a detached accessory building which contains a two -car garage and additional living area. The applicant is proposing to make approximately 135 square feet of additions to the existing accessory building, which consists of 500 sq. ft. • of living area. A third on -site parking space is also proposed in conjunction with the proposed development as required by Code. Renato Trotta, Architect for the Granny Unit, addressed the Council in support of the request, and responded to the letter from Ms. Lombardo referenced earlier in the meeting. He pointed out Volume 46 - Page 230 11)G lW UP 3446 (88) • Motion Ayes Noes Motion All Ayes CITY OF NEWPORT BEACH x I J I X I J X I x X KINUTES July 13, 1992 that the applicant is proposing only to UP 3346 expand the existing living area of the detached building and will not be adding a second floor. Hearing no one else wishing to address the Council, the public hearing was closed. Council Member Hart advised that she will not be supporting the subject request, inasmuch as she is concerned with the influx of these type of R -2 conversion units per as in Newport Heights, and felt they are inappropriate for the neighborhood because of the type of density. Council Member Turner stated that he is in support of the subject request, and therefore, moved to sustain the decision of the Planning Commission. Council Member Watt indicated she concurred with the remarks of Council Member Hart, and therefore, will vote against the request. Council Member Hedges commented that he will support the request for the Granny Unit, due to the fact that the existing building could be used for illegal purposes, but is now being brought up- to -Code, and inasmuch as the applicant has met all the City requirements for this type of structure. The motion was voted on and carried. PUBLIC COMMENTS: John Sipple, 452 Seaward Avenue, addressed the Council regarding the lack of attendance and support of some. Council Members at the American Legion Character Boat Parade on July 4th, and at the awards presentation the following week. He indicated that his purpose in attending this meeting was to request that the Council, if at all possible, calendar these two events for 1993. CONSENT CALENDAR The following items were approved: ORDINANCES FOR INTRODUCTION SCHEDULE FOR PUBLIC HEARING ON JULY 27, 1992 - 4. PROPOSED ORDINANCE NO. 92 -34, being, Ord 92 -34 AN ORDINANCE OF THE CITY COUNCIL Bay/ OF THE CITY OF NEWPORT BEACH Greenhouse AN ING SECTION 20.10.025 OF THE Windows NEWPORT BEACH MUNICIPAL CODE SO AS (pGA 761) TO PROVIDE GREATER DESIGN CONTROL FOR BAY WINDOWS AND GREENHOUSE (94) WINDOWS (PLANNING COMMISSION AMENDMENT NO. 761) [Report from the Planning Department] Volume 46 - Page 231 CITY OF NEWPORT BEACH COUNCIL MEMBERS • • • MINUTES INDEX Res 92 -73 Oil Spill Cntngncy Plan (41) Res 92 -74 Master Pln St /Hwy (74) Res 92 -75 Election (39) Res 92 -76 Election (39) Res 92 -77 Election (39) ?rof Sry kgmt /BI Eire nation -2862 (38) Central Library C -2778 (38) Traf f is Signal at Pacific Vw C -2908 (38) RESOLUTIONS FOR ADOPTION 5. Resolution No. 92 -73 approving application by the County of Orange for a Grant in the amount of $199,953 from the Department of Fish and Game - -OSPR for the preparation of an OIL SPILL CONTINGENCY PLAN ELEMENT. [Report from the Fire Chief] 6. Resolution No. 92 -74 affirming that the City's Circulation Element, Master Plan of Streets and Highways, is mutually satisfactory and generally in conformance with the COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS. [Report from the Public Works Department] 7. Resolution No. 92 -75 calling and giving NOTICE OF A GENERAL MUNICIPAL ELECTION to be held on Tuesday, November 3, 1992, for the Election of Members of the City Council and Submission to the Voters of Certain Proposed Amendments to the City Charter. [Report from the City Attorney] 8. Resolution No. 92 -76 requesting the Board of Supervisors of the County of Orange to CONSOLIDATE, PURSUANT TO THE PROVISIONS OF SECTION 23302 OF THE ELECTIONS CODE, A GENERAL MUNICIPAL ELECTION AND SPECIAL ELECTION held on November 3, 1992, with the Statewide General Election to be held on the same date. [Refer to report w /item 7 above] 9. Resolution No. 92 -77 relative to the FILING OF ARGUMENTS AND REBUTTALS FOR THE MEASURES to be submitted to the voters at the General Municipal Election to be held on November 3, 1992. [Refer to report w /item 7 above] CONTRACTS/AGREELMS 10. Terminate the existing professional services agreement for architectural services between the City and James Karl Robinson, A.I.A., Inc., and approve a revised professional services agreement with James Karl Robinson, A.I.A., Inc., as architect for the proposed new BALBOA ISLAND FIRE STATION for a fee of $60,000. [Report from the Fire Chief] 11. Approve Kell Construction's request to substitute Roscoe Steel and Culvert Company in place of Peck Steel Company, Inc., as the structural steel subcontractor on the CENTRAL LIBRARY PROJECT (CONTRACT NO. 2778). [Report from the Public Works Department] 12. Award CONTRACT NO. 2908 FOR TRAFFIC SIGNAL INSTALLATION AT PACIFIC VIEW DRIVE AND SAN NIGUEL DRIVE IN THE amount of $67,950 to Superior Signal Service Corporation, Bell Gardens, California. [Report from the Public Works Department /Traffic Engineering] Volume 46 - Page 232 INDEX Res 92 -73 Oil Spill Cntngncy Plan (41) Res 92 -74 Master Pln St /Hwy (74) Res 92 -75 Election (39) Res 92 -76 Election (39) Res 92 -77 Election (39) ?rof Sry kgmt /BI Eire nation -2862 (38) Central Library C -2778 (38) Traf f is Signal at Pacific Vw C -2908 (38) KI-17,OiM31310:1 f;L X CITY OF NEWPORT BEACH July 13, 1992 • STAFF AND COMMISSION REPORTS For Council information and approval: 13. Memorandum from the Deputy City Manager recommending approval of amendment to CITY COUNCIL POLICY B -2, LIMITATIONS OF JOHN WAYNE AIRPORT AND PROMOTION OF A NEW REGIONAL AIRPORT. 14. LIDO ISLE STREET LICHT REPLACEMENT (CONTRACT NO. 2727) - Accept the work, authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and assess liquidated damages in the amount of $15,000. [Report from the Public Works Department] 15. USE PERMIT 30. 3342 (RESUBDIVISION N0. 811) - Authorize the .City Clerk to release the Faithful Performance Bond and the Labor and Materials Bond (Bond No. 3SM 769 948 00). [Report from the Public Works Department] 16. OCEAN FRO19T PARKING LOT AND BICYCLE IMPROVEMENTS (CONTRACT NO. 2893) - Accept the work; authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded • in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 17. 1991 -92 STREET MISCELLANEOUS RECONSTRUCTION AND RESURFACING PROGRAM (CONTRACT NO. 2878) - Accept the work; authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion. has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 18. SPECIAL EVENTS APPLICATIONS - Uphold staff's recommendation to approve the following applications, subject to conditions in the staff report of the Revenue Manager: Application No. 92 -231 - Assi.stance League of Newport Beach for use of amplified sound outdoors in a residential area at 1821. Santiago Drive on Friday, July 17, 1992, from 8:00 to 10:30 p.m. for dinner party with music for the rehearsal of Debutante • Ball.. Application No. 92 -257 - Scuba Schools of America for "Third Annual Scubafest" for use of the Corona del Mar public beach from 8:00 a.m. to 4:00 p.m. on Sunday, July 26, 1992. Volume 46 - Page 233 MINUTES Cncl Polic. B- 2 /Airpor (69) Lido Isle St Light N/C C -2727 (38) UP 3342 Release Bonds (88) Dcean Frnt Pkg Lot/ Bycle Imp N/C C -2893 (38) Street Recnstrr_tn N/C C -2878 (38) Special Events (27) 1 92 -23 92 -25 • Motion All Ayes X CITY OF NEWPORT BEACH Red ix Ix Ix Ix Ix Ix Ix Ix Motion All Ayes • Motion All Ayes 0 X X July 13, 1992 ORDINANCES FOR ADOPTION 19. PROPOSED ORDINANCE NO. 92 -32, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 12.70 ESTABLISHING A DRIVEWAY PERMIT PARKING SYSTEM FOR OWNERS OF PROPERTY BETWEEN 33RD AND ORANGE STREETS ALONG SEASHORE DRIVE. Motion was made to defer action on Ordinance No. 92 -32 to a future date when it will be brought back and re- introduced as a revised document. CONTINUED BUSINESS 20. APPOINTMENT TO THE CIVIL SERVICE BOARD. Dayna Pettit was assigned the green light; Wayne Miller was assigned the red light; Dayna Pettit was appointed to a 4 -yeas term ending June 30, 1996. 21. NOMINATIONS TO PLANNING COMlIISSION. Mayor Pro Tem Turner, Chairman of the City Council Ad -Hoc Appointments Committee, announced the following two nominations for appointment on July 27: Anne Gifford and Stephen Sutherland CURRENT BUSINESS 22. HARBOR QUALITY CITIZENS ADVISORY COMMITTEE VACANCY. Motion was made to accept with regret, resignation of Ed Amyes, and confirm. (District 6) Mayor Sansone's appointment of Oscar Frenzel to fill the unexpired term ending December 31, 1992. 23. Verbal report by the City Manager concerning update on the CITY AND STATE BUDGET. The City Manager stated that this item was added to the agenda on the expectation that the State would have acted upon their budget by this time; however, that is not the case. It is anticipated that late this week or early next week the State will have taken some action, so in the interim, he is closely monitoring what is taking place in Sacramento and will continue to keep the City Council informed by way of the agenda and his newsletter. 24. Report from the Deputy City Manager concerning proposal for PUBLICATION OF CITY CALENDAR. The City Manager advised that at the April 27th Study Session, the Council heard a presentation from Peter Barrett regarding the publication of a City Calendar. The Municipal Code requires Volume 46 - Page 234 MINUTES Ord 92 -32 Driveway Permit Pkg (85) Civil Service Board Planning Cmsn /State City Calendar (35) • Motion All Ayes • Motion All Ayes n yes W. - x x CITY OF NEWPORT BEACH MINUTES July 13, 1992 Council approval for use of the City seal for any commercial purpose. The recommended agreement grants such approval and sets forth the arrangements, the major elements of which are as follows: The calendar will be produced at no expense to the City and a statement to that effect will be printed on the calendar. 2. A minimum of 8000 calendars will be printed and the City will receive 2000 at no charge. Barrett may sell sponsorships or advertising in the calendar. The City will retain editorial control and will provide a Mayor's message. The City will be indemnified from all claims or liability. Motion was made to approve the agreement for a City Calendar, subject to the conditions in the staff report. 25. URGENCY RESOLUTION ESTABLISHING Temp TEMPORARY ONLY PARKING AREAS IN Park CORONA DEL MAR DURING ALLEY RESURFACING (85) PROJECT (certain sections of Goldenrod, Seaview, Heliotrope, Iris and Ocean Boulevard). [Report from City Attorney] The City Attorney reported that the City is in the process of reconstructing and replacing public utilities in certain alleys in old Corona del Mar. In the project area, alleys provide access to garages. On- street parking is in short supply during the Summer in those areas closest to the beach. The proposed urgency resolution provides a temporary "permit only" parking system for residents whose garage access is affected by the alley reconstruction project. ]Parking on certain sections of Goldenrod, Seaview, Heliotrope, Iris and Ocean Boulevard would be limited to residents and their guests displaying permits issued by the Traffic Engineer. Upon recommendation of the City Attorney, motion was made to determine that the need to adopt the proposed urgency resolution establishing a temporary only permit parking program for the area described in the resolution arose after the Agenda was posted. Motion was made to adopt Resolution No. 92 -78, establishing a temporary resident only permit parking program for that area of Corona del Mar bounded by Goldenrod, Seaview, Iris and Ocean Boulevard. Volume 46 - Page 235 92 -78 • 11 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES July 13, 1992 The meeting adjourned at 7:45 p.m. to closed session to discuss pending litigation entitled "San Joaquin Hills Transportation Corridor Agency vs. Laguna Canyon Conservancy." Mayor Sansone stated that the need to take action on this matter arose after the agenda was posted, based on the fact that the lawsuit was filed this date. The meeting reconvened at 8:15 p.m. and immediately adjourned with no action taken. F SF The agenda for this meeting was posted on July 9 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Ma or �lP®F��° Volune 46 - Page 236 M�ii4al