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HomeMy WebLinkAbout01/25/1999 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 25, 1999 - 7:00 p.m. — 3:00 p.m. [Refer to separate minutes] CLOSED SESSION - None CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Ridgeway, Noyes, Mayor O'Neil Absent: Debay, Thomson (excused) Pledge of Allegiance - Council Member Noyes. Invocation by Reverend Richard Menees, St. James Episcopal Church. Presentation of check in the amount of $152,195 by Dave Carmichael, President of the Newport Beach Public Library Foundation, to the Newport Beach Public Library. Mr. Carmichael spoke on behalf of the supporters of the Library Foundation in presenting the check to the Chairman of the Library Board of Trustees, Jim Wood. Mr. Wood outlined where the money would be spent: $60,000 to database and CD ROM products, $50,000 to develop a young adult/teenage library, $16,000 to enhance the library entrance, and $13,000 to literacy. Mr. Carmichael spoke of the benefits of being a supporter of the Foundation. Mr. Wood introduced the Board Members in attendance: Vice Chairman Julie Ryan, Bob Knox and Patrick Bartolic. He also acknowledged Secretary Catherine Saar - Kranzley. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- Council Member Adams announced the birth of he and his wife's first child, Nicholas, born January 21, 1999. • Council Member Ridgeway requested that Senior Affordable Housing, specifically in the Newport Village site, be discussed at a future City Council meeting. Mayor O'Neil suggested that a preliminary discussion could take place at a Study Session and then the item could be formally agendized for a City Council meeting. Council Member Noyes suggested that it could be discussed at the City Council's goal setting session, since there is no applicant yet for the site. Council Member Glover agreed with Mayor O'Neil regarding the process. Mayor O'Neil directed staff to place the item on a future Study Session agenda. • Mayor O'Neil announced that Item #24 on the agenda, Unscheduled Volume 52 - Page 295 INDEX City of Newport Beach City Council Minutes January 25, 1999 INDEX • Vacancies on the Planning Commission, would be continued to February 8, 1999, due to the absence of two council members at the current meeting. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE STUDY SESSION AND REGULAR MEETING OF JANUARY 11, 1999 AND ADJOURNED REGULAR MEETING OF JANUARY 15, 1999. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. Item removed from the Consent Calendar by Carol Hoffman, The Irvine Company. 4. Item removed from the Consent Calendar by Carol Hoffman, The Irvine Company. • ORDINANCE FOR INTRODUCTION 5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION Ord 99 -3 FRANCHISE TO AMERICAN WRECKING, INC. AND WEST COAST Res 99 -5 LAND CLEARING. Adopt Resolution of Intention No. 99 -5 declaring the Non - exclusive City's intention to conduct a public hearing on February 8, 1999 to consider Solid Waste the granting of a Non - exclusive Solid Waste Franchise to American Collection Wrecking, Inc. and West Coast Land Clearing; and introduce Ordinance Franchise /American No. 99 -3 granting a Non - exclusive Solid Waste Franchise to American Wrecking, Inc. and Wrecking, Inc. and West Coast Land Clearing and pass to second reading on West Coast Land February 8, 1999. Clearing (42) ORDINANCES FOR ADOPTION 6. AMENDMENT TO SUBSECTION H OF SECTION 1.12.020 Ord 99 -1 REGARDING NEWPORT BEACH MUNICIPAL CODE AUTHORITY Authority to OF PUBLIC OFFICERS OR EMPLOYEES TO ISSUE CITATIONS. Issue Citations Adopt Ordinance No. 99 -1. (53/70) 7. PROPOSED ORDINANCE AMENDMENTS TO CHAPTERS 5.28, 5.96 Ord 99 -2 AND 10.54 OF THE NEWPORT BEACH MUNICIPAL CODE FOR Adult Oriented OBTAINING AND RETAINING AN ADULT ORIENTED BUSINESS Business Permit PERMIT. Adopt Ordinance No. 99 -2. (53/27) CONTRACTS AND AGREEMENTS 8. ACCEPTANCE OF USE PERMIT AGREEMENT FOR UP 3561 CONSTRUCTION OF A TRAFFIC SIGNAL AT SEAWARD ROAD AND Traffic Signal/ Volume 52 - Page 296 City of Newport Beach City Council Minutes January 25, 1999 INDEX Volume 52 - Page 297 EAST COAST HIGHWAY (USE PERMIT NO. 3561). Approve a Use Seaward Rd. & • Permit agreement guaranteeing completion of the public improvements E. Coast Hwy. required with Use Permit No. 3561 and authorize the Mayor and the City (88) Clerk to execute the agreement. 9. BUILDING DAMAGE SAFETY ASSESSMENT MUTUAL AID C -3255 AGREEMENT. Approve the Mutual Aid Agreement for Building Damage Building Damage Safety Assessment and authorize the Mayor and City Clerk to execute said Safety Assessment agreement. Mutual Aid (38) MISCELLANEOUS ACTIONS 10. PLANNING COMMISSION AGENDA FOR JANUARY 21, 1999. Planning Receive and file. (68) 11. BUDGET AMENDMENT (BA -037) TO APPROPRIATE $780 TO PART- BA -037 TIME SALARIES AND $245 TO PUBLICATIONS AND DUES THAT Salaries/ WERE RECEIVED FROM A GRANT FROM THE DEPARTMENT OF Publication & EDUCATION. Approve budget amendment. Dues (40/50) 12. BUDGET AMENDMENT (BA -038) FOR AIR CONDITIONING BA -038 REPAIR. Approve a General Fund Budget Amendment to transfer $19,500 Air Conditioning to Capital Improvement Projects Budget #7011- C1820037 for the critical Repair/Police repairs of 28 air conditioning units at the Police Department. Dept. (40/70) 13. BUDGET AMENDMENT (BA -039) TO APPROPRIATE A DONATION BA -039 IN THE AMOUNT OF $152,195 FROM THE NEWPORT BEACH Support LIBRARY FOUNDATION TO VARIOUS ACCOUNTS IN SUPPORT Services SERVICES. Approve budget amendment. (40/50) 14. BUDGET AMENDMENT (BA -040) TO APPROPRIATE A DONATION BA -040 IN THE AMOUNT OF $11,242 FROM THE CALIFORNIA LIBRARY Support SERVICE ACT STATE FUNDS AND THE CALIFORNIA STATE Services LIBRARY STATE FUNDS TO THE SUPPORT SERVICES DIVISION. (40/50) Approve budget amendment. 15. ELECTRIC POLICE BICYCLES. Authorize staff to purchase two electric BA -042 bicycles for police patrol use at a cost of $2,036 each utilizing AQMD Electric Police subvention funding and approve Budget Amendment (BA -042) in the Bicycles amount of $4,072. (40/70) 16. FUNDING PROJECTS FOR SCHOOL SITES. Approve Budget BA -043 Amendment (BA -043) of $15,000 from the General Fund to assist the Funding respective citizens groups in upgrades to School District fields and School playgrounds: 1) $5,000 to Newport Heights Elementary School to contribute District to a general playground renovation project; 2) $5,000 to Corona del Mar Fields & High School to contribute to the installation of a new athletic field track and Playgrounds associated storm drain system; and 3) $5,000 to Newport Beach Little (40/78) League to assist in the improvements to Field No. 2 at the Lincoln Athletic Center. • 17. REQUEST FOR YOUNG ADULT LIBRARIAN POSITION FROM BA -041 STATE FUNDS AND APPROVAL OF BUDGET AMENDMENT Adult Volume 52 - Page 297 City of Newport Beach City Council Minutes January 25, 1999 • (BA -041) IN THE AMOUNT OF $44,911. Accept the state grant of $84,911 from the Public Library Foundation program; appropriate the $44,911, which exceeds the original appropriation, to Salaries Misc. (4050 -7000) - $7,034, Library Materials (4010 -8260) - $3,000, and Office Equipment (4010.9000) - $34,877; and authorize the establishment of the position of Young Adult Librarian with these funds, and the immediate recruitment and hiring for the position. 18. AMENDED PRESERVATION OF SPECIAL TREES LIST. Approve the amended Preservation of Special Trees list for attachment to City Council Policy G -1. 19. FINAL TRACT MAP NO. 15479, BONITA CANYON - LOCATED NORTH OF BONITA CANYON DRIVE AND EAST OF BATTERSEA; PLANNING AREA 26 ( BONITA CANYON). Approve Final Map of Tract 15479 with the finding and subject to the condition of approval set forth in Exhibit "A'. 20. GENERAL PLAN UPDATE - GRANT APPLICATION FOR LCP CERTIFICATION (contd. from 1/11/99). Continue to February 8, 1999. 21. CONFIRM THE MAYOR'S APPOINTMENTS TO THE HARBOR COMMITTEE. Confirm Mike Whitehead, Darryl Lundrum, John Corrough, Lee Sutherland, Gary Hill, Tim Collins, Clive Towndrow, Seymour Beek, Tom Houston, Mark Sites, Dave New, Bill Mountford, and Ralph Rodhiem as the Mayor's nominations. Motion by Mayor O'Neil to approve the Consent Calendar, except for those items removed (3 & 4). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. RESOLUTION NO. 99 -3 PERTAINING TO ACCEPTANCE OF THE NEWPORT VILLAGE PARCEL 3 IN PARCEL MAP 90-361 (RESUBDIVISION NO. 973) LOCATED ON THE SOUTHEAST CORNER OF AVOCADO AVENUE AND SAN MIGUEL DRIVE (contd. from 1/11/99). 4. RESOLUTION NO. 99-4 PERTAINING TO ACCEPTANCE OF THE BAYVIEW LANDING PARCEL A AND PARCEL B IN PARCEL MAP 95 -137 (RESUBDIVISION NO. 1041) LOCATED ON THE NORTHWEST CORNER OF EAST COAST HIGHWAY AND JAMBOREE ROAD (contd. from 1/11199). Carol Hoffman of The Irvine Company spoke on both items #3 and #4, jointly. Ms. Hoffman stated that The Irvine Company was pleased to be dedicating both of the parcels to the City of Newport Beach. She stated that . both Bayview Landing, at over 11 acres, and Newport Village, 12.8 acres, were significant parcels in the CIOSA agreement. She added that these parcels allowed The Irvine Company to proceed with development while providing strategically important open space. Volume 52 - Page 298 INDEX Position (40/50/66) Policy G -1/ Special Trees List (44/69) FTM 15479/ Planning Area 26/ Bonita Canyon General Plan Update/ LCP Application (68) Harbor Committee Appointments (24) Res 99- 3/Resub 973 Newport Village Open Space Dedication (84) Res 99- 41Resub 1041 Bayview Landing Open Space Park Site (84) E City of Newport Beach City Council Minutes January 25, 1999 ICI U DON Mayor O'Neil asked City Attorney Burnham if the City still had the option to use the parcels as it desired. He referred to the Newport Village parcel, specifically, and asked if it could be used for senior affordable housing or another use. City Attorney Burnham stated that senior affordable housing is allowed in the CIOSA agreement, but he would have to check on any other uses and make sure that they were consistent with the provisions of the CIOSA agreement, and the terms and conditions of the City's open space zoning. Council Member Adams asked about the status of a report that, at the previous City Council meeting, Public Works Director Webb said would be forthcoming from The Irvine Company, about the remediation of the property across the street from the Bayview Landing parcel. Ms. Hoffman stated that she was unaware of the issue, but that she would be happy to look into it. Public Works Director Webb stated that he would not have the document recorded until the report had been received, and that he had been working with another employee at The Irvine Company. Public Works Director Webb stated that he had received verbal confirmation that the situation had been fully remediated and was just waiting for the written documentation. Council Member Ridgeway agreed that it was important to receive the documentation because there is not indemnity for contamination. He stated • that the City would not be relieved of liability once it takes title. Referring to the previous conversation about the use of the Newport Village parcel, Council Member Ridgeway noted the Condition of Title in the Offer of Dedication, Item H, which states that the parcel must be used for open space purposes. Referring to the remediation of the parcel adjacent to Bayview Landing, City Attorney Burnham stated that the terms and conditions of the offers of dedication, relative to the condition of the property, are established in CIOSA and the City agreed, at that time, to take the properties, as is. He added that, when the requested written report is received, the documentation will be recorded and staff would report back to the City Council. Motion by Mayor O'Neil to accept the dedications as offered of Parcel 3 of Parcel Map 90 -361 (Resubdivision No. 973) Newport Village open space dedication and authorize the City Manager and City Clerk to accept the offer and dedications of Parcel 3 of Parcel Map 90 -361; and adopt Resolution No. 99 -3 accepting the offer and dedication of Parcel 3 of Parcel Map 90 -361; and direct the City Clerk to have the Resolution recorded in the Office of the Orange County Recorder. And, to accept the dedications as offered of Parcel A and Parcel B of Parcel Map 95 -137 (Resubdivision No. 1041) Bayview Landing open space park site and the area leased to Newport Dunes • Development respectively and authorize the City Manager and City Clerk to accept the offer and dedications of Parcel A and Parcel B of Parcel Map 95 -137; and adopt Resolution No. 99 -4 accepting the offers and dedications of Parcel A and Parcel B of Parcel Map 95 -137; and direct the City Clerk to Volume 52 - Page 299 City of Newport Beach City Council Minutes January 25, 1999 • have the Resolution recorded in the Office of the Orange County Without objection, the motion carried by acclamation. PUBLIC COMMENTS Paul Glowienke, 427 Hazel, stated that he spoken at a previous City Council meeting about the residents in the 400 block of Hazel desiring a residential parking permit system. He said that nothing has happened, but that their situation has gotten worse. Mr. Glowienke stated that eight additional cars have been further displaced on Hazel. He requested that he be made aware of the process to have the item agendized. Mayor O'Neil suggested that Mr. Glowienke contact the Acting City Manager. Ron Searey, 2312 Cliff Drive, stated that he was speaking on behalf of the parents of Newport Heights Elementary, the PTA and the project playground committee members. He thanked the City Council for their approval of Item #16 on the evening agenda, Funding Projects for School Sites. Council Member Ridgeway thanked Mr. Searey and his group for working with the City in providing the appropriate request. PUBLIC HEARING 22. PUBLIC HEARING ON THE APPLICATION OF HEV- NEWPORT BEACH, LTD. AND LENNAR PARTNERS TO CONSTRUCT AN . EXTENDED STAY HOTEL AND AN OFFICE BUILDING — APPLICATION INVOLVES THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 98 -1(C), PLANNED COMMUNITY AMENDMENT NO. 880, USE PERMIT NO. 3640, LOT LINE ADJUSTMENT NO. 98-13 AND TRAFFIC STUDY NO. 118 ON THE PROPERTY LOCATED AT 1301 QUAIL STREET AND 1001 QUAIL STREET. Planning Director Temple stated that the extensive staff report and the supplemental report include information on the project and responses to opponents' comments. She stated that the Planning Commission reviewed the project at their meetings of December 10, 1998 and January 7, 1999. She said that much of the information provided to the Planning Commission were responses to comments on the draft Mitigated Negative Declaration. Planning Director Temple stated that the primary issues discussed by the Planning Commission were the adequacy of the parking for the project, the potential for the new construction to shadow existing development, and the timing of the traffic mitigation measures. The Planning Commission concluded that the Mitigated Negative Declaration was adequate and that the project would not result in any significant adverse affects on the environment. In response to Council Member Ridgeway's request, Planning Director Temple explained the process used by the Planning Department in determining whether a project should be a Mitigated Negative Declaration or require an Environmental Impact Report (EIR). She stated that the standard for • determination is contained in the California Environmental Quality Act. She stated that an initial study of the project is made, and the levels of potential environmental impacts are evaluated. If any significant effect is found and cannot be mitigated to a level of insignificance, an EIR is required. Volume 52 - Page 300 INDEX Ord 99 -4 Res 99 -6 GPA 98.1(C)/ PCA 880 (Newport Place Planned Community)/ UP 3640/ LLA 98 -13/ Traffic Study 118/ 1301 Quail St. & 1001 Quail St./ Extended Stay Hotel & Office Building (45) City of Newport Beach City Council Minutes January 25, 1999 INDEX • Council Member Ridgeway inquired about a site plan for the project showing the two new buildings in relationship to the existing building. Planning Director Temple stated that the staff report includes a Vicinity Map only, page 178, which only shows the parcels. Council Member Ridgeway expressed his dissatisfaction that the staff report did not provide the net square footage of the properties, yet the parking requirement is based on that figure. Responding to Council Member Ridgeway's question, Planning Director Temple stated that the Estimated Growth for Statistical Area L4 chart, page 198 of the staff report, is in the Land Use Element of the General Plan. She stated that the chart is intended to nominally portray future allowed development and not the actual land use regulations involved in the land use element. She added that the actual land use regulation limit is the text and not the chart. Planning Director Temple admitted that the charts are a problem, but that they are not used to regulate land use. Council Member Ridgeway inquired about the reference made on page 179 of the staff report to the 152 two - bedroom suites when other parts of the staff report refer to the 304 -room hotel. Planning Director Temple stated that the hotel is characterized as an executive suite hotel but that the individual room total is used when looking at traffic impact and parking requirements. Council Member Ridgeway stated that the analysis is misleading without some • clarification. Mayor O'Neil opened the public hearing. Coralee Newman, Principal of Government Solutions, representing both of the applicants, Holtze Executive Village and Lennar Partners, introduced some of the people in attendance at the meeting: Bill Smith, Vice President of Lennar Partners, his architect, Paul Thometz, and Jan Holtze, Principal of E.J. Holtze Corporation, and his architect, John Van Tilburg. Ms. Newman stated that the staff report was very thorough, but that she did have some things to add. She clarified that there are 109,000 square gross feet in the office building and that the parking is based on that number, which is a requirement of 473 parking spaces. Ms. Newman stated that they would be providing 479 spaces. Ms. Newman added that the two projects are a part of the Newport Place Planned Community. She displayed the Land Use Plan, also on page 251 of the staff report. She stated that the boundaries of the Community are Birch Street, MacArthur Blvd., Jamboree Road and N. Bristol Street. Ms. Newman also displayed the site plan showing the buildings and their placement on the parcels, as requested by Council Member Ridgeway earlier in the evening. She stated that there is an existing parking garage on the site, . and would be used as part of the Lennar proposal. Ms. Newman added that Holtze and Lennar have read the staff reports, and accept and can comply with the conditions and mitigation measures that are a Volume 52 - Page 301 City of Newport Beach City Council Minutes January 25, 1999 INDEX • part of the reports. Ms. Newman stated that she feels it is a great proposal for the City and that the net revenue generated will be approximately $660,000, annually. She lastly reminded the City Council that the Planning Commission approved the proposal by a unanimous vote. Paul Thometz showed an artist's rendering of the proposed office building, a five -story building of approximately 109,000 square feet. He discussed and pointed out the utilization and enhancement of the existing parking garage, the ingress and egress at the site, the landscaped pedestrian plazas and bermed area on Quail Street, and the material used in the building. John Van Tilburg displayed photos of existing Holtze Hotels in other cities. He discussed the architecture and materials of the proposed hotel for Newport Beach, and stated that the buildings would be three and four stories. Mr. Van Tilburg then displayed the site plan, and pointed out that the property would be comprised of five hotel structures and one clubhouse. Mr. Van Tilburg also displayed the floor plan of a typical guest room. He explained that each two - bedroom suite could be divided into a one - bedroom suite and a guest room. He then displayed the three and four -story element of the structures, and the floor plan of a typical fourth -floor guest room. Mr. Van Tilburg lastly displayed and discussed the site plan, and the relationship of the hotel to the Quail Business Center. He said that almost 50% of the Quail Business Center offices face the hotel courtyard. • Ms. Newman added that a detailed shadow analysis was done at the request of the Planning Commission. Council Member Ridgeway confirmed with Mr. Van Tilburg that the structures would be built over the subterranean parking structure. Mr. Van Tilburg further responded that the concrete slab would be poured one to two feet above grade. Using the site plan, Mr. Van Tilburg pointed out the height of the various buildings and the distance of the setbacks. Mr. Van Tilburg responded to a specific question about the distance from the eve to the top of the roof, by stating that it was eight feet of sloping roof. Council Member Ridgeway confirmed with Ms. Newman that the minimum setback at the site is seven feet, with an average setback of ten feet. Ms. Newman added that this was not in the original text, but has been added to the amended text. Council Member Noyes confirmed with Ms. Newman that the proposed hotel is not going to be run as a timeshare. Assistant to the City Manager liiff stated that the header on page 431 of the staff report was a typographical error. Council Member Noyes inquired about the transient occupancy tax (TOT) collected for stays of over thirty days. City Attorney Burnham confirmed that stays of over thirty days are not subject to the TOT. Council Member Noyes • expressed his concern for missing this source of revenue. Ms. Newman stated that staff took this into account when conducting the fiscal impact analysis. Council Member Noyes asked if the applicant would agree to Volume 52 - Page 302 City of Newport Beach City Council Minutes January 25, 1999 I `I03) • collect the TOT for stays of over thirty days. City Attorney Burnham stated that he would have to do further study to determine if this would be possible. Planning Director Temple stated that similar extended stay facilities were looked at when preparing the fiscal analysis. She stated that the TOT would be collected for the fast thirty days of any stay. City Attorney Burnham corrected Planning Director Temple and stated that he didn't think the TOT could be collected for the first thirty days of a stay of over thirty days. Planning Director Temple stated that the City took the lost TOT into consideration when preparing the fiscal impact analysis. Assistant City Manager Wood stated that the deduction for the longer -term stays was 10 %. Council Member Glover noted that there are other hotels in Newport Beach that have extended stays of over thirty days. Jan Holtze stated that the title of an extended stay hotel means that someone is going to stay longer than four days. He stated that his hotel is trying to attract business that will stay anywhere from 5 to 29 days. He estimates that 70% of the business will be for stays of thirty days or less. Council Member Noyes questioned the City's use of a 10% deduction if Mr. Holtze is stating that 30% of his business are stays of over thirty days. Assistant to the City Manager Kiff stated that the City used 10% based on what other cities have experienced. Mr. Holtze stated that the TOT is collected • for the first thirty days of any stay, so 30% is not a true figure for TOT collection purposes. Mr. Holtze stated that he feels the City's revenue estimates are conservative. Mr. Holtze also stated that this project creates a significant new tax base for the City. Mr. Holtze responded to Council Member Ridgeway's question about occupancy levels by stating that the figures are based on an overall occupancy of 80% and he would expect that 25 -30% of the stays utilize the two - bedroom suite arrangement. Mr. Holtze confirmed that the TOT would be collected for the fast thirty days of any stay. Kent Lucas, 1111 Quail Street, stated that his office is directly adjacent to the hotel being proposed and that his biggest concern is the shadelshadow effect. He said his office building will lose the sun and he feels that the developer has the opportunity to mitigate the problem. Frank Battaile, 110 Newport Center Drive, a lawyer representing the Quail Business Center Owners Association as well as the individual owners, stated that he opposes the project. Mr. Battaile referred to his letter of January 20, 1999. He stated that the problems have occurred because Quail Business Center has been ignored in the process. He is concerned about the height and setback of the buildings. Mr. Battaile displayed an aerial photo showing how the proposed project is • completely out of character with what's in the area now. He said that they've plotted on the map the nearest buildings that are taller than two stories. He said the closest three -story building is 950 feet away. He added that none of the taller buildings in the area have setbacks of less than ten feet. Volume 52 - Page 303 City of Newport Beach City Council Minutes January 25, 1999 INDEX • Mr. Battaile added that they also have a problem with the traffic study because it didn't attempt to study the immediate area, such as the intersection of Quail and Spruce. He feels that all new development should be contributing to traffic improvements in the area. In closing, Mr. Battaile said that the changes that are being requested by the applicant to the planned community development standards should, instead, be treated as variances. Victor Mahony, 1105 Quail Street, Treasurer of the Quail Business Center Owners Association, displayed an exhibit to illustrate the relationship between the Quail Business Center and the proposed hotel. Mr. Mahony stated that the parking being provided is inadequate for the needs of the hotel rooms, deliveries, employees and meeting facility. He added that the shade /shadow effect to the Quail Business Center is tremendous and he doesn't feel that the setback requirement should be based on an average. Mark Lam, 1103 Quail Street, stated that he has been working with the City of Anaheim on the development of an all-suite hotel and that the experience has been very cumbersome. Mr. Lam is surprised that the City of Newport Beach is allowing this project to go forth so quickly. He feels that his office will no longer get any sunlight. Mr. Lam is asking that compromises be made that will make the project acceptable to everyone. He also expressed his concern regarding the additional cars being added during rush hour. Mr. Lam doesn't • feel that the developer should be able to change the City ordinance in regards to the setback requirement. Jim Gianulias, 1105 Quail Street, stated that he has nine issues with the EIR. He stated that he's not opposed to the project, he's just opposed to the height of the building with the short setback. He said the shade /shadow study the Quail Business Center performed was different than what the developer submitted. He suggested that the developer move the project towards Spruce, where there is an adequate setback. When asked by Council Member Ridgeway, Mr. Gianulias didn't know how far the project should be moved to provide adequate sunlight to his building. Harry Wallyson, 4400 MacArthur Blvd., landlord of the Plaza Newport Shopping Center, adjacent to the proposed project, stated that he and his tenants are in support of the project. He stated that the services offered by the shopping center will be utilized by the office building and extended stay hotel occupants, and increase sales for the shopping center and sales tax for the City. Mr. Wallyson further stated that the additional sales to the shopping center shouldn't generate additional vehicle traffic, since the occupants can walk across the street to utilize the services. Lastly, he stated that this is a great way to increase the revenue in the area, as was discussed at the Economic Development Committee when he used to be a member. Council Member Ridgeway asked Mr. Holtze and Mr. Van Tilburg their • thoughts about moving some of the buildings further from the Quail Business Center. Mr. Van Tilburg felt that if any of the buildings are going to be moved, the entire project should be shifted and remain configured as proposed. Mr. Holtze stated that the Quail Business Center would primarily overlook the Volume 52 - Page 304 City of Newport Beach City Council Minutes January 25, 1999 IRNI0�:1 • landscaped courtyard. Mr. Holtz utilized a display to show the setback at various locations. Mr. Holtz agreed that the entire project should be moved as engineered, if any moving is to be done. Planning Director Temple stated that using the conventional site distance requirements, it looks like the project would still be sufficiently setback if it were moved towards Spruce. Mr. Van Tilburg stated that the current minimum setback on Spruce is 17 1/2 feet. Mayor O'Neil invited the applicant to respond to any of the comments made in opposition of the project. Council Member Adams asked if the applicant could abide by a minimum ten - foot setback along the property lines with no change to the Spruce setback, and Ms. Newman responded that they would hope for a change to the Spruce setback. In response to previous comments made, Ms. Newman stated that no variances are being requested in the proposal. Further, she stated that she could provide the Council with the detailed shade /shadow analysis that was done, but it concluded that the proposal would provide no greater shade /shadow than what the area is currently zoned for. In regards to parking, Ms. Newman stated that the proposal exceeds the City's parking requirements. She stated that they have attempted to meet with the nearby businesses. And, lastly, Ms. Newman stated that the current zoning for the • area allows for six to eight -story buildings, so the proposal is in keeping with the area. Mayor O'Neil asked Ms. Newman about the stacking issue that was brought UP by Mr. Gianulias. Ms. Newman confirmed that a meeting had been held and that Lennar Partners had submitted a letter, dated January 20, 1999, to Victor Mahony outlining some of the proposed changes to address his concerns. She stated that this would become a part of the permit process. There being no further testimony, Mayor O'Neil closed the public hearing. Council Member Adams complimented the Planning Commission for their work. In regards to the shade /shadow, Council Member Adams agrees with the Planning Commissioners that the proposal provides for less of . a shade /shadow than what the area is zoned for. Motion by Council Member Adams to adopt Resolution No. 99 -6 approving General Plan Amendment No. 98.1(C); introduce Ordinance No. 99 -4, an amendment to the Newport Place Planned Community (Planned Community Amendment No. 880), and pass to second reading on February 8, 1999; sustain the action of the Planning Commission and approve the applications related to the General Plan Amendment, subject to the findings, mitigation measures and conditions as modified by the Planning Commission: 1) the acceptance of a Negative Declaration; 2) Use Permit No. 3640; 3) Lot Line Adjustment • No. 98 -13; and 4) Traffic Study No. 118; incorporate appropriate mitigation measures as accepted by the applicant with regards to the entrance drive; and modify the setback requirements on Spruce Avenue to accommodate a shifting of the buildings to result in a minimum setback of ten feet on the Quail Volume 52 - Page 305 City of Newport Beach City Council Minutes January 25, 1999 INDEX • Business Center side of the property. Mayor O'Neil requested that the Acting City Manager look into modifying the City's TOT regulations to require that TOT be collected for the first thirty days of all occupancies. City Attorney Burnham also suggested that it could be made a part of the use permit for the current proposal. Mayor O'Neil reopened the public hearing. Leonard Hampel, Rutan & Tucker, representing the applicant, stated that the concern of the Holtze Corporation is that they not be singled out and put at a disadvantage with their competitors. There being no further testimony, Mayor O'Neil closed the public hearing. City Attorney Burnham stated that either the TOT ordinance can be amended, in reference to how the first thirty days of occupancy are handled, or the definition of hotels could be changed. Either would result in a City -wide change and not just single out the current applicant. Council Member Glover stated that she has spent time studying the airport area and the renewal that is needed there. She feels that this project is a good opportunity. Council Member Glover agrees that any changes to the TOT administration should apply City -wide. • Council Member Noyes agreed with Council Member Glover with regards to the TOT requirements applying City -wide. Council Member Noyes asked that the motion be amended to include the requirement that the applicant will abide by any zoning requirements now enforced or changed later with regards to the City's TOT collection. Council Member Adams amended his motion to include the requirement of the applicant to abide by the City's TOT ordinance, as it is currently written or as it may be changed in the future. Council Member Ridgeway referred to Mr. Hampel's letter and the General Plan Policies B, D and L, on pages 179 and 180 of the staff report, and expressed his satisfaction that the project complies with the intent of the policies. Council Member Ridgeway agreed with Council Member Glover that this project would benefit the area. He also stated that the entire area is in need of a General Plan Amendment and that, specifically, the text for the Newport Place needs to be rewritten. City Attorney Burnham stated that, after discussions with the Public Works Director and Planning Director, he proposed that the motion incorporate some slightly modified findings for the TPO. City Attorney Burnham stated that the traffic study establishes that the project will not cause or make worse an unsatisfactory level of service at any intersection upon completion of the 73/55 • ramp, and that Public Works Director Webb has confirmed that the cost of the project, the construction of the ramp, is approximately $4 million. City Attorney Burnham stated that the cost of the project is disproportionate to the Volume 52 - Page 306 City of Newport Beach City Council Minutes January 25, 1999 INDEX Volume 52 - Page 307 size of the development projects under consideration in the area. He stated . that Public Works Director Webb has also confirmed that there is a strong likelihood that the ramp will be under construction within 48 months. He went on to say that the Orange County Transportation Authority adopted a resolution of necessity condemning necessary right of way, and that Public Works Director Webb also indicated that cost estimates for the project were complete and that the ramp is consistent with the circulation element. City Attorney Burnham stated that a specific account has been established to receive contributions such as the one proposed to be required of the applicant in this particular situation. Council Member Adams amended his motion to include the findings as outlined by the City Attorney with regards to the 'Traffic Phasing Ordinance. Without objection, the motion carried by acclamation. CONTINUED BUSINESS 23. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS EQ,AC & ADVISORY COMMITTEES FOR A ONE.-YEAR TERM ENDING Harbor Quality DECEMBER 31, 1999 (appointed by Council upon recommendation Appointments of each Council Member) (contd. from 1/11/99). (24) ENVIRONMENTAL QUALITY AFFAIRS CITIZENS AFFAIRS COMMITTEE: • Council Member Adams (District 4) appointed Mike Bigi, Barry Eaton and Sandra Glaser (at -large member). Mayor O'Neil (District 6) appointed Patrick Bartolic, Laura Dietz, and Robert Hawkins (at -large member). Mayor O'Neil appointed Earl McDaniel as Chairman. Motion by Council Member Glover to confirm the above nominations, and continue the remaining nominations to February 8, 1999. Without objection, the motion carried by acclamation. HARBOR QUALITY CITIZENS AFFAIRS COMMITTEE: Council Member Adams (District 4) reappointed Bud Frenzel. Mayor O'Neil (District 6) appointed Seymour Beek. Motion by Council Member Glover to confirm the above nominations, and continue the remaining nominations to February 8, 1999. Without objection, the motion carried by acclamation. • CURRENT BUSINESS 24. UNSCHEDULED VACANCIES ON THE PLANNING COMMISSION. Planning Commission Volume 52 - Page 307 City of Newport Beach City Council Minutes January 25, 1999 • The appointment of the two vacant seats on the Planning Commission with terms expiring June 30, 2000 and June 30, 2002 was continued to February 8, 1999. 25. REVISED COUNCIL POLICY K -2 AND DRAFT LETTER TO OWNERS OF HISTORIC PROPERTY IN BALBOA VILLAGE. Council Member Ridgeway inquired about the intent of the policy. Assistant City Manager Wood responded by stating that part of the intent of the policy is to provide relief to people who have historic sites or buildings, through the State Historic Building Code. She also stated that the purpose is to highlight the buildings that are important to the community's history and to help preserve them. Council Member Ridgeway requested that a site be added to the list. He explained the location of the site as being two blocks south of the Newport Pier, on Ocean Front. He said the house on that site was built in 1890, making it the oldest house on the Peninsula. Assistant City Manager Wood confirmed for Council Member Glover that the policy does not restrict a property owner from demolishing or altering any of the properties on the list. Motion by Council Member Glover to approve Council Policy K -2 as • amended; approve draft letter and direct staff to send the letter to all property owners listed in the staff report, except for the City of Newport Beach, but with the addition of the property on Ocean Front as discussed by Council Member Ridgeway; and initiate the designation process for all City owned properties listed in the staff report. Without objection, the motion carried by acclamation. 26. PUBLIC SIGNAGE PROGRAM FOR BALBOA PENINSULA. Assistant City Manager Wood displayed the panels of the prototype sign, and verbally described the poles. Council Member Noyes confirmed with Assistant City Manager Wood that she received the request to increase the size of the lettering. Assistant City Manager Wood further suggested that the colons be reversed, with white or off -white lettering on a blue field. Council Member Ridgeway stated that his constituents support the sign, but that they would prefer to see a monument sign in the location where the directional prototype was placed. He agreed with the suggestions from Council Member Noyes and Assistant City Manager Wood, and added that the Arts Commission reviewed the sign and stated their support. Mayor O'Neil also thanked the Arts Commission for providing their input. • Council Member Adams expressed his disapproval of the prototype sign. He displayed some photos taken of the sign, showing how it just blends in with the area and can't be seen from the roadway. He also presented some photos Volume 52 - Page 308. INDEX Policy K -2 Historic Property in Balboa Village (35169) Signage Program for the Balboa Peninsula (68) City of Newport Beach City Council Minutes January 25, 1999 INDEX • of other signs in the City and stated that he would prefer that all of the signs in the City be looked at to address the hodgepodge that currently exists. Council Member Ridgeway stated that there are already different streetlights throughout the City, and different types of trees. He said that Newport Beach is not a planned community and he likes it that way. Council Member Adams clarified that he is not suggesting that there be identical signs throughout the City, but he'd like the signs to look like they come from the same city. Tom Hyans, President of the Central Newport Beach Community Association, said that the Peninsula sign issue ]zas been going on for over a year. He was pleased with the input given b;y the Arts Commission and agrees with Council Member Adams that the sign can't be seen. Mr. Hyans disagrees with the suggestion that the colors be reversed, and feels that the background should remain white. He stated that the "City of Newport Beach" wording should be removed and the other letters should be made bolder. Council Member Glover stated her support of the prototype sign's colors. Motion by Council Member Ridgeway to approve the signage program for Balboa Peninsula with the following changes from the prototype: delete the "City of Newport Beach" wording, increase the size of the upper sign • (Balboa Village), change the font to something more readable, change the colors to blue with white lettering and look at making the sign reflective; and direct staff to install signs using Community Development Block Grant Funds. Council Member Noyes disagrees that so many changes are being made, but that staff is being directed to continue with the installation. Substitute motion by Council Member Noyes to approve the construction of a second prototype sign for City Council review with the following changes from the first prototype: delete the "City of Newport Beach" wording, increase the size of the upper sign (Balboa Village), change the font to something more readable, change the colors to blue with white lettering and look at making the sign reflective. The substitute motion carried by the following roll call vote: Ayes: Glover, Noyes, Mayor O'Neil Noes: Ridgeway, Adams Absent: Debay, Thomson Abstain: None Assistant City Manager Wood explained that the "City of Newport Beach" wording was placed on the sign, at the request of the Peninsula residents. • MOTION FOR RECONSIDERATION Council Member Noyes asked if redefining the zoning code as it pertains to Volume 52 - Page 309 0 • u City of Newport Beach City Council Minutes January 25, 1999 hotels and TOT would qualify as a Motion for Reconsideration. City Attorney Burnham suggested that this be brought up at a future Council meeting under Matters to be Placed on a Future Agenda. Council Member Ridgeway asked about a petition he received that was addressed to Public Works Director Webb. He asked what he should do with it, and similar requests received in his regular Council delivery. Mayor O'Neil suggested that Council Member Ridgeway forward such information to the City Clerk. In general, Mayor O'Neil said that staff responds to such requests, and that the response copies should be forwarded to the City Council. ADJOURNMENT - at 9:35 p.m. in memory of Isolde Mein to an Adjourned Regular Meeting (Closed Session Only) on Friday, January 29, 1999, at 5:00 p.m. (City Manager Interviews) at the Hyatt Newporter; Adjourned Regular Meeting on Saturday, January 30, 1999, from 5:00 a.m to 2:00 p.m at the Hyatt Newporter, Garden Room 1, Newport Beach (Goal Setting Conference); Adjourned Regular Meeting (Closed Session Only) on Tuesday, February 2, 1999, at 4:30 p.m. (City Manager Interviews) at the Hyatt Newporter; and Adjourned Regular Meeting (Study Session) on Monday, February S, 1999, at 4:00 p.m. in the City Council Chambers. * * * * * * *kkk *k * *k * * * * * *k * * * * * *k ** The agenda for the Regular Meeting was posted on January 20, 1999, at 3:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk C! Recordi Secret Mayor Volume 52 - Page 310 INDEX