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Home My WebLink About12/11/1995 - Regular MeetingROLL CALL Present Excused Motion All Ayes Motion All Ayes Motion All Ayes CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING MINUTES PLACE: Council Chambers SEX 57 ie Fees iste N W w W TIME: 7:00 P.M. W Cr } Q U > r DATE: December 11, 1995 zAwwo p °Q INE Wg2UC73 CLOSED SESSION - 4:30 ip m. (Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None RECESSED AT 6:50 P.M. RECONVENED AT 7:00 P.M. for regular meeting Mayor Pro Tem Jan Debay and City Manager Kevin Murphy expressed appreciation to Rich Greaney, Chairman of this year's UNITED WAY CAMPAIGN, and the United Way Coordinators, and presented them with Newport Beach watches and Certificates of Appreciation from United Way. It was noted that this year's pledge contribution increased by 36% over last year. x x x x x ROLL CALL x x x Reading of Minutes of Adjourned Meeting of November 20 and Regular Meeting of November 27, 1995, was waived. Minutes of November 20 were approved as written and ordered filed; and Minutes of November 27 were approved as revised from the original draft and ordered filed. x Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: None MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: None CONSENT CALENDAR x The following Hems were approved, except for those Items removed: ORDINANCES FOR INTRODUCTION: Pass to second reading on January 8,1996: 1. Proposed ORDINANCE NO. 95 -67, Ord 95 -1 Franchi: ADDING SECTION 12.63.070 (F) PERTAINING TO Solid M FRANCHISE FEES FOR SOLID WASTE. [Report from (4 4 ) Assistant City Attomey] I Volume 49 - Page 537 SEX 57 ie Fees iste CITY OF NEW13ORT BEACH MTNTTTFI.q ROLL CALL ~ Z p M 3 W } wn g w 2 x U w o (J7 3 December 11, 1995 INDEX 2. Proposed ORDINANCE NO. 95 -68, Ord 95 -68 ® Oversized/ AMENDING SECTION 12.40.055 REGULATING THE Non- Motorized PARKING OF SPECIFIC OVERSIZED AND NON- Vehicles MOTORIZED VEHICLES IN RESIDENTIAL DISTRICTS (85 ) AND RESCINDING ORDINANCE NO. 83 -12. [Report from Traffic Affairs Committee] RESOLUTIONS FOR ADOPTION 3. Resolution No. 95 -133 prohibiting the use of the Permit /Pkg Annual Parking Permit for specific OVERSIZED Res 95 -133 VEHICLES and rescinding Resolution No. 93-25. (40 ) [Refer to Agenda Item No. 2.] 4. Resolution No. 95-134 prohibiting the use of the Permit /Pkg Master Parking Permit for specific OVERSIZED Res 95 -134 VEHICLES and rescinding Resolution No. 91-33. (40) [Refer to Agenda Item No. 2] 5. Resolution No. 95 -135 prohibiting the use of the Permit /Pkg Overnight Parking Permit for specific OVERSIZED Res 95 -135 VEHICLES and rescinding Resolution No. 93-80. (40 ) [Refer to Agenda Item No. 2] ® 6. Resolution No. 95 -136 approving the Calfrans Caltrans /Rt purchase sale agreement and authorizing the 73 purchase of a 1.1 acre surplus right -of -way parcel Res 95 -136 adjacent to State Route 73 between Jamboree C -3079 (38) Road and Bayvtew Way (Extended). [Report from Public Works Department] 7. Resolution No. 95 -137 establishing a CITY COUNCIL Council PUBLIC SAFETY COMMITTEE and sunsetting various Committees other committees. [Memorandum from City Res 95 -137 Manager] (2 4 ) 8. Resolution No. 95 -138 ' regarding Disability Personnel/ Retirement actions for LOCAL SAFETY EMPLOYEES, Disability AND Retirement Res 95- 138,_ Resolution No. 95 -139 regarding Disability Res 95 -139 Retirement actions for LOCAL MISCELLANEOUS (66) EMPLOYEES. [Report from Risk Manager] CONTRACTS AND AGREEMENTS 9. Award (Contract No. 2851) to Clayton Engineering, Irvine /Unvst; ® Inc., in the amount of $1,216,787.65 for IRVINE Dr Bk Trl & AVENUE AND UNIVERSITY DRIVE CLASS -1 BIKE TRAIL St Imprvms AND STREET IMPROVEMENTS, and approve the C -2851 written request made by The Gorham Co. to (3 8 ) rescind its bid due to clerical errors: declare the Volume 49 - Page 538 CITY OF NEWPORT BEACH MINUTES ROLL CALL HW> ZXMM pwmMuom N w w 0� December 11, 1995 INDEX ® bid submitted by The Gorham Co. as non- responsive; declare the bid submitted by Los Angeles Engineering as non - responsive; waive minor irregularities contained in the bid summary by Clayton Engineering: declare Clayton Engineering as the lowest responsible bidder, and authorize a 10% contract contingency amount of $121,678.77. [Report from Public Works Department] 10. Award (Contract No. 2825(c)) to Griffith MacArthr Bl Company in the amount of $5, 141,989.75 for Widng /Seg 1 MACARTHUR BOULEVARD WIDENING - SEGMENT 1 - C-2825(c) PACIFIC COAST HIGHWAY TO 1000 FEET NORTH OF (38 ) SAN JOAQUIN HILLS ROAD, and authorize a 10% contingency amount of $514.200. [Report from Public Works Department] 11. Contract regarding land use restrictions and Fletcher Jone, dedication agreement for FLETCHER JONES. C -3067 [Report from City Attorney] (3 8 ) 12. CLAIMS - For Denial by the City Manager. (3 6 ) ® Lisa M. Carter alleging heavy construction road work contributed to her accident on Ford Road west of Newport Hills Drive West on June 9, 1995. Ella T. Flynn alleging City truck damaged house at 107 Amethyst Avenue on October 11, 1995. Joel Gelff alleging his personal belongings were not returned to him after being in custody by Newport Beach Police Department on November 9,1995. Richard W. Simpson alleging his vehicle was damaged when inspected and searched by City Police Department with K -9 Unit on November 28, 1995. Glenn Tobey alleging City truck backed into his vehicle damaging front passenger side on October 30, 1995 in alley between Colton and Lugonia. 13. SPECIAL EVENTS APPLICATION - Approve the Special Event following application, subject to conditions in the Apl #95 -384 staff report from the Recreation Manager, (2 7 ) Community Services Department: Application No. 95 -384 - Christmas party at 1001 Marian Lane, on Saturday, December 16, 1995 from 6:30 to 10:30 P.M., and amplified sound between 8:00 and 10:00 P.M. Volume 49 - Page 539 CITY OF NEWPORT BEACH kf "U- WI ROLL CALL Z3MAxo� p Im W } g W T U W (J7 3 December 11. 1995 INDEX ® 14. Removed from the Consent Calendar. 15. Acceptance of Notice of Completion for Grndwtr Dev GROUNDWATER DEVELOPMENT PROJECT, 36 -IN Reach No. 4 WATER TRANSMISSION MAIN REACH NO. 4, PHASE 1 C- 3004 -M (Contract No. 3004 -M). [Report from Public Works (3 8 ) Department] 16. Acceptance of Notice of Completion for Avocado Av AVOCADO AVENUE WATER PIPELINE IMPROVEMENTS Wtr Pipeln (Contract No. 2942). [Report from Public Works C -2942 Department] (3 8 ) 17. Acceptance of Notice of Completion for RIVERSIDE Riverside /Avn AVENUE, AVON STREET & TUSTIN AVENUE & Tustin Wtr WATER AND SEWER IMPROVEMENTS (Contract No. Swr Imprvms 3027). [Report from Public Works Department] C -3027 (38) 18. Acceptance of Notice of Completion for PALM Palm St Pkg STREET PARKING LOT (Contract No. 3044). [Report Lot from Public Works Department] C -3044 (38) 19. Acceptance of Notice of Completion for 17th St/West- IMPROVEMENTS AT 17TH STREET/WESTCLIFF DRIVE cliff Dr /Iron AND IRVINE AVENUE (Contract No. 2943). [Report C -2943 (38) from Public Works Department] 20. Approval of prequalification of contractors for Wastewtr Pump CONSTRUCTION Of SECTION 5 WASTEWATER PUMP Station Sec STATION, and authorize City Clerk to advertise for C -2975 (38) bids (Contract No. 2975). [Report from Public Works Department] 21. Approval of plans and specifications for 1995 -96 1995 -96 Sdwlk SIDEWALK, CURB & GUTTER REPLACEMENT Crb /Gtr Rplcm PROGRAM, and authorize City Clerk to advertise for C -3071 (38 ) bids, (Contract No. 3071). [Report from Public Works and General Services Departments] 22. Approval of plans and specifications for Bob Henry Prk CONSTRUCTION OF 4.8 ACRE BOB HENRY PARK AT 16th & Dover THE CORNER OF 16TH STREET AND DOVER DRIVE, C -3078 (38) and authorize City Clerk to advertise for bids, (Contract No. 3078). [Report from Public Works Department] 23. Approval of FINAL TRACT MAP 15222 - NEWPORTER Final Tr Map ®. NORTH. [Report from Planning Department] 24. Removed from the Consent 15222 Calendar. 25. Approval of sending a letter supporting the CA State Orange County Sports Association in their Games- application application to sponsor the CALIFORNIA STATE (6 2 ) GAMES IN AUGUST, 1996. [Report from Community Services Director] Volume 49 - Page 540 CITY OF NEWPORT BEACH MINUTES ROLL CALL ~ w ?ow Z3 w (r Wg2UdS.' } ¢ w w0 w > December 11, 1995 INDEX 26. Approval participate in the development process Hazard Mat ® to establish a certified unified program agency for Regulatory administration of the CITY'S HAZARDOUS MATERIALS Prgs (41) REGULATORY PROGRAMS. [Report from Fire and Marine Chief] 27. BUDGET AMENDMENT (40) BA -022, $26,000 - To transfer $11,000 from Marine Division Facilities Improvement and $15,000 from the Fire Operation's Equipment budget to Fire Administration's Equipment budget, to upgrade Marine Division's phone system to include voice mail and data transfer features. ITEMS REMOVED FROM THE CONSENT CALENDAR 14. PLANNING COMMISSION AGENDA for December 7. Planning (68) Motion x Motion was made by Council Member Glover to All Ayes schedule public hearing on January 22, 1996, request of MORGAN DEVELOPMENT, 501 -521 ORANGE AVENUE FOR RESUBDIVISION NO. 1021, GPA 95 -3(E), AMENDMENT NO. 837, AND SITE PLAN REVIEW NO. 75, and to receive and We remaining Hems. 24. Report from General Services Department Fire regarding approval of SALE OF FIRE ENGINE (1969 (44 ) Mack Fire Engine) to be sold to the City of Ensenada, Mexico for the sum of $5,000. Motion x The City Manager recommended this item be All Ayes deferred to January 8, 1996 to reconsider a number of options, and there being no objections, motion was made by Council Member Cox to approve the recommended action. PUBLIC HEARINGS 28. Mayor Pro Tern Deboy opened the public hearing Community regarding the COMMUNITY COMMERCIAL DISTRICT Cmcl Dist/ POLICY GENERAL PLAN AMENDMENT 95 -1(C) for GPA 95-1(C) inclusion in the Land Use Element of the General (45 ) Plan to provide guidelines and focus to the City's efforts to revitalize these areas. Report from Assistant City Manager, Planning and Building Director. Volume 49 - Page 541 CITY OF NEWPORT BEACH ROLL CALL W I pWg2UOX N o = ¢ W W O ° F � December 11, 1995 INDEX Assistant City Manager, Planning /Building, GPA 95 -1 (C) • explained the purpose and need of the proposed Policy, noting that for many years the City and residents have been concerned about the decline of commercial villages, and as a result, the Economic Development Committee and Undo Congleton & Associates have studied and investigated this issue. This Policy will serve as the General Plan underpinning for the necessary code amendments. All homeowners associations within the City were mailed a complete copy of the Planning Commission Agenda package on this subject and representatives of several homeowners associations testified at the Planning Commission hearing. Council Member Glover referenced the Supplemental Report on this item, noting her six (6) suggested changes, and asked the Assistant City Attorney if their office had any additional language to add to this report, to which Ms. Clauson replied in the negative. Rush Hill, Chairman, Economic Development Committee, addressed the Council and stated the • proposed Policy is part of a comprehensive package that the City started working on two years ago, and began with the adoption of the Economic Development Policy, followed by adoption of the Business Improvement Districts. The proposed Commercial District Policy will form the foundation within the City's General Land Use document of the intent of revitalizing the front doors of the City's residential neighborhoods. The goal is to bring those business districts up to the same compatible quality that is found in residential areas. The bottom line is that this will prepare the City to compete with the venues that have been created around the City for shopping, dining and entertainment. The proposed Policy, as recommended in the Supplemental Report, is highly supported by the Economic Development Committee. Hearing no others wishing to address the Council, the public hearing was closed. Motion X Motion was made by Council Member Glover to • adopt Resolution No. 95 -140 approving GENERAL Res 95 -140 PLAN AMENDMENT 95 -1 (C); with recommended changes enumerated in the Supplemental Report from the City Manager. Volume 419 - Page 542 CITY OF NE F30RT BEACH MINUTES ROLL CALL W W ZMWW0 pWg2UC73 Cr g } Q w W w o W > -J~ 0 f- cr December 11, 1995 INDEX • Council Member Glover complimented Mr. Delino and his staff for the work they put forth on this Policy, and stated she believes the document will set a tone and indicate the Council's support of the City's older business districts. All Ayes The motion was voted on and carried. 29. Mayor Pro Tern Debay opened the public hearing Vacation prti regarding VACATION OF A PORTION OF A SEWER Swr /Pblc Utl AND PUBLIC UTILITY EASEMENT AT 3002 AND 3014 Easm /3002 & BREAKERS DRIVE, CORONA DEL MAR. 3014 Breaker: Drive (91) Report from Public Works Department. The Public Works Director noted that the subject vacation is for a sewer easement that is located at the bottom of the hill at Iris Avenue and Breakers Drive. As a result of a resubdivision in this area, the prior sewer easement is not needed, and therefore, adoption of the recommended Council resolution will complete the statutory proceedings to vacate • and abandon the easement for sewer line purposes. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made by Council Member O'Neil to All Ayes adopt Resolution No. 95 -141 ordering the vacation Res 95 -141 and abandonment of the easement for sewer Une purposes in Lot 26 and Lot 28, block A -36, Corona del Mar Tract, and direct City Clerk to have Resolution recorded by Orange County Recorder. 30. Mayor Pro Tern Debay opened the public hearing Ord 95 -65 regarding proposed ORDINANCE NO. 95 -65, Zoning (94) AMENDING PORTIONS OF TITLE 20, MORE SPECIFICALLY CHAPTER 20.72 WITH REGARD TO REQUIRED FINDINGS FOR APPROVAL OF USE PERMITS FOR ESTABLISHMENTS WHICH PROVIDE ALCOHOLIC BEVERAGE SERVICE (PLANNING COMMISSION AMENDMENT NO. 831). PCA 831 Report from Planning Department. • Volume 49 - Page 543 ROLL CALL Motion All Ayes • • CITY OF NEWPORT BEACH MINUTES H W zAwwo p 0Z ¢ W > ¢ gSUC73 W c� W > °¢ r Deeennber 11, 1995 �m INN It was noted that the proposed Ordinance would require that specific findings be made by the Planning Commission and the City Council on appeal related to the approval of a use permit for the service of alcoholic beverages in conjunction with bars and tavems. The Planning Commission voted unanimously to recommend approval of the subject amendment to the City Council. Hearing no one wishing to address the Council, the public hearing was closed. X Motion was made to adopt Ordinance No. 95.65. 31. Mayor Pro Tern Debay opened the public hearing Catanzar on the Application of Kenneth J. Catanzarite to Resub 10 RESUBDIVIDE (Resubdivision No. 1019) an existing (84) single family lot and a portion of a commercial parcel into two parcels for single family residential development at 352 HAZEL DRIVE Report from Planning Department. The City Clerk advised that after the agenda was printed, a letter was received from Stanley Behrens, 340 Hazel Drive, in opposition to the subject request. The Assistant City Manager, Planning /Building, gave an overview of the subject request and explained the 'graphics on display noting the request is to resubdivide an existing single family lot and a portion of a commercial parcel into three parcels, two for single family residential development and one for commercial development. He noted that the Planning Commission at their meeting of November 9, voted to deny this request, finding the proposed subdivision not an appropriate land use of the property. Kenneth J. Catanzarite, Applicant, I Canyon Court, gave a brief history of the proposed project, and explained the perimeters of a settlement agreement which he has discussed with the City Attorney. He stated that the proposed lot sizes are consistent with neighborhood lot sizes, i.e., Parcel I is approximately 5.000 sq. ft.; Parcel 2 is approximately 12,500 sq. ft., and will accommodate homes approximately 3,600 sq. ft. and 5,400 sq. ft. The improvements contemplated include a common grading plan and view corridor which benefits the Summerhouse (immediately adjacent) and the community. There will be a view Volume 49 - Page 544 IEX ite 19 CITY OF NEWPORT BEACH MINUTES ROLL CALL ~� W Z3 p ¢ googxo� Wgww2 }w ¢ u7 oU3 w > .�C7 ¢ December 11, 1995 INDEX easement over the southerly portion of his property Resub 1019 • which is consistent with the General Plan, and the common grading plan would give more light and air to Summerhouse and its residents as well as reduce their overall costs. It would benefit him in terms of achieving some common grading, and it would also make the two parcels more attractive. He does not see any adverse impact on adjoining property owners because of the view being the same. He noted that if the lot were not subdivided, a 10,000 sq. ft. home could be built on the current property. The following persons addressed the Council in ooaosition to the proposed resubdivision: Dan Wiseman, 336 Hazel Drive Herbert Malmon, 341 Hazel Drive Harriet Malmon, 341 Hazel Drive It was pointed out by the above speakers that they felt the Council should support the Planning Commission's action and deny the subject request inasmuch as the particular parcel in question is a • single lot custom home site, and that the subdivision would not be compatible with the existing neighborhood; the subdivision would also lower the economic value of their properties and is inappropriate for this area; the disputed lot line adjustment can still be resolved without a two lot subdivision on . the subject property; Corona del Mar is unique, Buck Gully is very special; and the proposed project shows a total lack of respect for either. Bill Todd, Consulting Developer for Summerhouse (adjacent to proposed property), and representing Dr. Thomas, Executive Director, stated the reason he and his client are supporting the subject request, is that they would be gaining a tremendous amount as well as the community in terms of the 14 -foot easement, setbacks and view corridor. Vincent Dibiasi, 62C1 Acacia Avenue, Architect for the proposed project, noted the following: 1) the lot line adjustment is a result of trying to come to an agreement; 2) as the property sits, it can be built on today to the 85 -foot line with all the setbacks required by the City; 3) the view corridors referenced are really light, air and ventilation, and by dividing the houses up, they have cut down on the massiveness of any structures; and 4) the project will be consistent with existing neighborhood and property values in the area will not be adversely impacted. Volume 49 - Page 545 CITY OF NEW13ORT BEACH MINUTES ROLL CALL W J 0QwwxOUdI O ¢ Wg2Ut73 ¢ u)' c7 W > December 11, 1995 INDEX is Hearing no others wishing to address the Council, Resub 1019 the public hearing was closed. Discussion ensued wherein Mayor Pro Tom Debay questioned the Assistant City Attorney if the Council could approve this project contingent upon the Summerhouse being constructed, to which their was a negative reply. Council Member O'Neil commented that he has talked with the applicant, as well as representatives of the Summerhouse, the City Attorney and Planning staff regarding this project and the reasons the Planning Commission denied this request, which he understands was based on the concern over pending litigation, but more importantly, the subdivision would create an inconsistency in the General Plan because as part of this resubdivision there will be a land exchange where a small portion of residential property in commercial and a small part of commercial in residential. Accordingly, the Planning Commission felt that technically they could not make the • appropriate findings, and therefore, denied the resubdivision. In reviewing this further with the City Attorney, he has been advised through the settlement agreement that is pending between Summerhouse, the applicant and City, that this inconsistency can be addressed and resolved through a court judgment and if the resubdivision is approved, the City will process a General Plan Amendment during the course of the next round of General Plan Amendments to clear up this inconsistency officially. In his opinion, the lots that are created out of the proposed resubdivision are inconsistent with the surrounding area and he believes that the potential impacts if one large residential home were built on the property are greater than dividing the property for two smaller houses consistent with the square footage of the surrounding neighborhood. Motion x In view of the foregoing remarks, motion was made All Ayes by Council Member O'Neil to reverse the decision of the Planning Commission and approve Resubdivision 1019, including the lot Eno adjustment and adoption of the Findings as set forth • in Exhibit "A," and that the City Manager be authorized to execute the settlement agreement negotiated on the City's behalf by the City Attorney. Volume 419 - Page 546 CITY OF NEWPORT BEACH MINUTES ROLL CALL HW Z oWA 3 }w w g =o�3 X w o F December 11, 1995 INDEX • PUBLIC COMMENTS Dolores Offing, 17 Hillsborough Drive, and owner of Five Star Rubbish, addressed the Council and questioned why the City is requiring the private refuse haulers within the City to provide Indemnification and liability insurance, but is not requiring any insurance for those companies who pick up hazardous waste. She stated that her company does not pick up hazardous waste, but yet is required to provide "sudden and accidental" insurance as part of her insurance package. She also stated she is hopeful that next year the current policy regarding the 200 small businesses who pay only one recycling fee to the City, but yet may get service several times a week, is changed to be more equitable. In response to the above remarks, the City Manager stated he would have the staff investigate and report back as to Mrs. Offing's first concern. As to her latter statement, he advised that he is aware of the issue and that it will be addressed in due time. • ORDINANCES FOR ADOPTION 32. Proposed ORDINANCE NO. 95- 66, Ord 95 -66 Campaign AMENDING CHAPTER 1.25 PERTAINING TO Contribution: MUNICIPAL ELECTIONS AND CAMPAIGN (39) EXPENDITURE CONTROL. Recycled report from City Attorney. The City Manager reported that this item was introduced on November 27, and can be summarized as follows: 1. The reporting requirements would be identical to the Political Reform Act, thus eliminating confusion between local and state reporting requirements; 2. The definitions would conform to the Political Reform Act, again eliminating confusion: 3. The prohibition against anonymous contributions modified to ensure that no candidate, or controlled committees violates the $200.00 limit; • and, 4. The enforcement provisions are strengthened by ensuring that violations are enforced by the District Attorney or a special prosecutor. Volume 49 - Page 547 CITY OF NEWPORT BEACH MINUTES ROLL CALL ~ W ?QWwoU¢ 0 w ¢ Uj ' Q 0 w c� 2: w > I— 3 December 11, 1995 INDEX • In addition, the Council on November 27, amended the Ordinance to increase campaign Campaign ContributionE contributions from $200 to $500. Council Member Glover discussed her concerns regarding Item No. 3 (anonymous contributions), wherein the City Manager stated that the language in the proposed Ordinance regarding anonymous contributions reads as follows: "No candidate or controlled committee shall accept anonymous contributions, with respect to any single election, which would cause the total amount of anonymous contributions received by the candidate and the candidate's controlled committee(s), when combined, to exceed $200." With regard to disclosing contributions on a candidate's campaign statement, the Assistant City Attorney advised that in the current Ordinance, candidates are required to disclose, with the contributors full name and address, if the accumulative amount of the contributions are less than $50; however, this requirement has been deleted in the Ordinance under consideration. • Council Member Edwards pointed out that the new regulations are not to get away from the concept of reporting, but rather to be more in line with State law. With regard to the change in reporting anonymous contributions, it was felt a limit should be imposed in order to deal with it from an enforcement standpoint should the need arise. Discussion ensued regarding the definition of "anonymous" wherein the Assistant City Attorney advised that pursuant to State law, anonymous means contributions, such as cash in the mail or in a manner where the candidate does not know where it came from. Motion x Following discussion, motion was made by Council Member Edwards to adopt Ordinance No. 95 -66, with the revised $500 limit. Council Member Glover stated that she supports the changes set forth in the City Attorney's memorandum, but will not be voting in support of • the Ordinance because of the new $500 campaign contribution limit as she felt "the $500 limit is too political for Newport Beach." Volume 49 - Page 548 ROLL CALL Ayes Noes • Motion All Ayes i CITY OF NEWPORT BEACH MINUTES H W Z O (J1 W rt 3R1M Wg2UVX } ¢ W 0 W > 0 �- December 11, 1995 INE Council Member Cox stated that the $200 limit was Campaign in place when the current Ordinance took effect in Contribu 1978, and today it would require $690 to buy the same kind of campaign communications activity that the $200 bought in 1978. The present rate makes it more difficult for new candidates to "even get their name out there" with the kind of contribution limitations that are placed on them, and therefore, he will be supporting the $500 limit. Mayor Pro Tern Debay concurred with Council Member Cox, and pointed out that postage alone has increased a candidate's cost considerably, and that some candidates have even gone into debt in order to run for office. x x x x The motion was voted on and carried. x CURRENT BUSINESS 33. Appointments by Mayor to various COUNCIL Council STANDING AND AD HOC COMMITTEES; AND JOINT CammittE GOVERNMENTAL COMMITTEES. (24 ) Council Policy A -9, and current Boards, Commissions, Committees list. By virtue of Council Policy A -9, the Ma or is a member of all Standing Committees. x Motion was made by Council Member Cox to confirm the following actions and appointments: 1. COUNCIL STANDING COMMITTEES A. Airport Committee (Sunsetted by Resolution No. 95-137 —see Agenda Item No. 7) B. Appointments Committee (Sunsetted by Resolution No. 95-137 —see Agenda Item No. 7) C. Finance Committee 1. Mayor 2. Dennis O'Neil, Council Member 3. Norma Glover, Council Member D. Harbor and Beaches Committee 1. Mayor 2. John Cox, Council Member 3. Jean Watt, Council Member Volume 49 - Page 549 ►EX tions tes ROLL CALL 0 • CITY OF NEWPORT BEACH MINUTES H W Z owmxuum N Q X } M M W U M W > 0 ►- F- December 11, 1995 INE E. leaisiative Committee Council Committe 1. Mayor 2. Thomas Edwards, Council Member 3. John Cox, Council Member F. Public Safety Committee (NEW) 1. Mayor 2. Norma Glover, Council Member 3. Dennis O'Neil, Council Member G. Utilities /Public Works Committee 1. Mayor 2. Jean Watt, Council Member 3. Jan Debay, Mayor Pro Tern 11. COUNCIL AND CITIZENS AD HOC COMMITTEES A. Aviation Committee Jan Debay, Mayor Pro Tern John Cox, Council Member Pete Drummond, Rep /Homeowners Assn Jim Pistole, Alternate to abv Ralph Rodheim, Rep /Homeowners Assn Leroy Sutherland, Alternate to abv Dan Gilliland, Rep /Homeowners Assn Bill Walker, Alternate to abv Bernard Pegg, Rep /Homeowners Assn Charles Currier, Alternate to abv Clinton Rygel, Rep /Homeowners Assn. Harry Merrill, Alternate to abv B. Balboa Peninsula Plannina Advisory Committee (Sunsets December 31, 1995, but will be extended on January 8, 1996) Co- Chairman Fritz Duda Co- Chairman Tim Collins Balboa Peninsula /Lido Area: Don Dabney William Wren Anne Gifford Members at Large: Tim Strader Carol Hoffman James Dobrott Volume 49 - Page 550 IEX ia--! ROLL CALL 0 U CITY OF NEWPORT PEACH t i W ?Awwo p Q W Q Q W c� U W > °Q 0 F- X Decennber 11, 1985 C. Economic Development Committee John Cox, Council Member Tom Edwards, Council Member Norma Glover, Council Member Edward Selich, Planning Commissions Chairman Rush Hill, Newport Pier Arec Local Oraantzation Representatives: Vacant Rep /Newport-Mesa Assn R (appointment deferred to January 8, ' Richard Lue:hrs, Rep /Newport Harbc Chamber of Commerce Tom Redwitz, Rep /Building IndVstriE (conducting business within N Beach) Rosalind Williams, Rep /Newport Conference & Visitor's Bureau Areas of Special Expertise: Harold Parker, (community marketing) Michael Stephens, (strategic organiz management) David Blankenhom, (financing private business ventures ins capital & operational activitie Bill Hamilton, (restaurant industry) Gary Hill, (boating and harbor Indust Christy McDaniel, Member at Large Gary DiSano, Member at Large Don Glasgow, Member at Large CRY Business Districts Representatives Harry Wollinson, (Airport) Leroy Sutherland,(Balboa Island) scant (Cannery Village) (appointment deferred to January 8, Bob Black, (Central Balboa) Ron Yeo, (Corona del Mar) Jerry King, (Newport Center /Fashion I Stephen Sutherland. (Mariners Mile) Gregg Schwenk, (Old Newport Blvd.) Pat Galvin, (Lido) Volume 49 - Page 551 it r ealtors 1996) lr Area is Assn ewport Beach based ational public, - luding is) Yy) 1996) sland) MINUTES INDEX ii ttees ROLL CALL 0 I* CITY OF NEWPORT BEACH 190C MINUTES J i. Wm�c� ZAwwo I q W w Q U1 W x 4J W >r °¢ X T T I NE D. Old Newood Boulevard SDecft Area Plan Council Committee Committi Maya Norma Glover, Council Member Ian Fettes, Property Owner Albert Irwin, Property Owner Owen Minney, Property/Business Owner Jerry Tucker, Property /Business Owner Gregg Schwenk, Alternate Carl Carver, Property Owner /Resident George Baker, Property Owner /Resident Delores Bowles, Alternate Brion Jeannette. Property Owner /Adjacent Resident E. Ford Land Tack Team Ad Hoc CommiHee Jean Waft, Council Member City Manager City Attorney Planning Manager Tim Ridner, Ford Land Development Corp. Representative 111. REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES A. City-School Liaison Committee Jan Debay, Mayor Pro Tern Jean Waft, Council Member City Manager B. Growth Manaaement Area Representation Mayor C. Hazardous Waste Matedal - Joint Powers Aut o Jan Debay. Maya Pro Tem D. Inter -CRY Liad;on Committee Norma Glover; Council Member Tom Edwards, Council Member (Alternate) City Manger Volume 419 - Page 552 IEX :es ROLL CALL Je CITY OF NEWPORT BEACH MINUTES H W ZAwWO p M M Wg2U(93 � EP W w >f- °¢ December 11, 1995 I E Joint Committee for fhe Evaluation and Council Implementation of the Upper Newport Bay Committ Cooperative Aareement Jean Watt, Chairman, Council Member Jan Debay, Mayor Pro Tern (Alternate) F. league of California Cities / Orange County Division Mayor Thomas Edwards, Council Member (Alternate) G. Orange Counfv Housing Commission - Advisory Committee Craig Bluell, Advance Planning Staff H. fOCRAA10rcmae County Regional Airpod Au ho Mayor (Alternate) Thomas Edwards, Council Member (Rep) Assistant to the City Manager I. Orange County Sanitation Districts Dis ict Active Directors: Jan Debay, Mayor Pro Tern John Cox Council Member (Jan Debay e; Alternate to John Cox and John Cox is Alternate to Jan Debay) District Jan Debay, Mayor Pro Tern John Cox Council Member (Alternate) Dis ict Jan Debay, Mayor Pro Tern John Cox Council Member (Alternate) J. Orange County Vector Control District Board of Trustees scant (Appoint Non - Council Member) (appointment deferred to January $1996) i Volume 49 - Page 553 NDEX ees ROLL CALL .s v CITY OF NEW13ORT BEACH MINUTES rJ�M W Z OWMMUUM m 3 }W ¢ M Q M X W > O F H December 11, 199S IND K Santa Ana River Flood Protection Agency Council Committ Jean Watt, Council Member Norma Glover, Council Member L San Joaquin Hills Transportaflon Corridor Joint Powers Agency Board of Directors Mayor (Alternate) Dennis O' Neil, Council Member M. (SCAG)Southem California Association of Governments Jan Debay, Mayor Pro Tern John Cox, Council Member (Alternate) N. Slnale Room Occupancy (SRO) Task force (Affordable Housing) Jan Debay, Mayor Pro Tern Advanced Planning Staff O. SR73/SR55A -405 Freeways Confluence Policy Committee Jan Debay, .Mayor Pro Tern IV. CITIZENS ADVISORY COMMITTEES A. Bicycle irati:t Jan Debay, Mayor Pro Tern Associate Civil Engineer, Staff liaison B. Environmental Quality Affairs Jean Watt, Council Member Norma Glover, Council Member Environmental Services Coordinator, Police Department, staff liaison General Services Director. Staff Uaison C. Harbor Qua ft Jean Watt, Council Member Thomas Edwards, Council Member Fire /Marine Deputy Director, Staff Ualson D. Youth Council Jan Debay, Maya Pro Tern Recreation Manager, Parks, Beaches and Recreation, Staff Unison Volume 49 - Page 554 EX ees ROLL CALL 10 Motion All Ayes CITY OF NEWPORT BEACH ne,.e...r.e.,, ,00C MINUTES J F-I W Z owpXULSI3 C] w Cr m } Q W in W 0 W O x W > J F- Q IND 34, APPOINTMENTS BY THE CITY COUNCIL TO THE Citizen, CITIZENS ADVISORY COMMITTEES for a one -year Advisor, term expiring December 31, 1996 (appointed by Committo Council upon recommendation of each Council (2 4 ) Member). x Motion was made by Council Member Cox to confirm the following actions and appoinfinents: Bicycle Trails Citizens Advisory Committee (District 1) Mayor Hedges' appointments deferred to January 8, 1996. (District 2) Mayor Pro Tern Deboy's appointments deferred to January 8, 1996. (District 3) Council Member Glover's appointments deferred to January 8, 1996. (District 4) Council Member Edwards' appointments deferred to January 8, 1996. (District 5) Council Member Watt's reappointment of Donald Harvey: remaining appointment deferred to January 8, 1996. (District 6) Council Member O'Neil's appointments deferred to January 8, 1996. (District 7) Council Member Cox's reappointments of Paul Watkins and Jerry Boyle. Environmental Quality Affairs /Citizens Advisory Committee (District 1) Mayor Hedges' appointments deferred to January 8, 1996. (District 2) Mayor Pro Tern Debay's appointments deferred to January 8, 1996. (District 3) Council Member Glover's appointments deferred to January 8. 1996. (District 4) Council Member Edwards' reappointments of Paul Feld and Patricia Shehan. (District 5) Council Member Wafts reappointment of Donald LawrenL Jr.: remaining appointment deferred to January 8. 1996. Volume 49 - Page 555 IEX s =_es CITY OF NEWPORT BEACH MINUTES ROLL CALL ~ W ?3nWwo pWg2UC73 u' (E'- ¢ w w p w > °Q t- December 11, 1495 INDEX (District 61 Council Member O'Neil's appointments deferred to January 8, 1996. (District 71 Council Member Cox's reappointments of Margie Pantzar and Gordon Kilmer. Harbor Quality /Citizens Advisory Committee (District 1) Mayor Hedges' appointment deferred to .January 8, 1996. (District 2) Mayor Pro Tern Debays appointment deferred to January 8, 1996. (District 3) Council Member Glover's appointment deferred to January 8, 1996. (District 4) Council Member Edwards' reappointment of John Drayton. (District 5) Council Member Watt's reapointment of Tom Houston. (District 6) Council Member O'Neil's appointment deferred to January 8, 1996. (District 7) Council Member Cox's reappointment of Nancy Skinner. 35. Report from City Manager regarding a REQUEST TO Time Share AMEND CHAPTER 20.76 Of THE MUNICIPAL CODE Zoning REGARDING TIME SHARE DEVELOPMENT. (94 ) The City Manager noted that recently, City staff was contacted by the new ownership of the Hyatt Newporter Hotel property regarding their future intentions to develop and revitalize this properly in conformance with current General Plan and Zoning Ordinance density limitations. One of the key components of this plan is the inclusion of rime Share units, which presently are prohibited within the Newport Beach Municipal Code Section 20.76. After discussing this issue with representatives of the current ownership, City staff requested that the request to repeal Section 20.76 be placed in writing and outline the future intentions of the property owner. Therefore, the letter attached to his staff report describes the intentions of the new owner and specifically addresses the rime Share restrictions. An obvious concern of City staff is the Volume 49 - Page 556 CITY OF NEWPORT BEACH M I NUTRR ROLL CALL w ZQwwo°¢ pl..ig2UC73 M } ¢ w w > F December 11, 1945 INDEX potential elimination of all or a portion of the Time Share Transient Occupancy Taxes generated by the Zoning current Hyatt Hotel operation. However, after discussing this issue with the City Attorney, etc., the subject is addressed in their letter and indicates that the ownership is willing to commit in a Development Agreement to the payment of Transient Occupancy taxes from the Time Share units at the site. Motion x Council Member Cox stated he felt it was very appropriate the Council revisit this issue, and made a motion to authorize staff to draft the necessary documents to repeal Newport Beach Municipal Code Section 20.76 prohibiting Time Share developments in the City. Mayor Pro Tern Debay stated she felt the subject proposal would enhance the business community, attract families, etc., and would be a positive move on the part of the City. Council Member Glover complimented John G. Coulter, Jr., author of the letter attached to the City Manager's staff report regarding this proposal, and commented that the issues were very clearly stated and understood. All Ayes The motion was voted on and carried. Mayor Pro Tem Debay announced that the next meeting of the City Council would be January 8, 1996 and wished everyone a very Merry Christmas and Happy New Year. Meeting adjourned at 8:30 p.m. The agenda for this meeting was posted on December 6, 1995, at 5:00 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: fV City Clerkry` rri,sz I_ . Volume 49 - Page 557