HomeMy WebLinkAbout07/27/1998 - Regular Meeting0
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 27, 1998 - 7:00 p.m.
INDEX
CLOSED SESSION - 5:00 p.m. [Refer to separate agenda from City Attorney]
CLOSED SESSION REPORT PRESENTED - None
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Thomson, Debay, O'Neil, Hedges Glover, Noyes, Mayor Edwards
Absent: None
Pledge of Allegiance - Council Member Debay.
Invocation by Mr. Michael Mooslin, First Church of Christ Scientist.
MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A
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• DISCUSSION ITEM):
• Council Member Noyes announced that a community meeting will be held at
7:00 p.m. on Tuesday, August 4, 1998 in the Corona del Mar High School
gymnasium. The meeting is being held to discuss the future of traffic
changes at the intersection of Jamboree Road and Bison Avenue.
Council Member Hedges addressed the problems of quadracycles and
tricycles on the boardwalk and the hazards they create on the street. He
questioned whether the vehicles can be impounded and addressed concerns
about them operating on public streets after dark without lights. He
requested that the Police Department step up enforcement on these vehicles
using existing manpower.
• Mayor Pro Tern O'Neil reported on the success of the triathlon held on
Sunday at Crystal Cove State Park. He noted that some of the proceeds will
be used to support the Junior Lifeguard program.
• Council Member Debay requested a report from staff on what the County
used to do in reference to beach maintenance and marine safety. She said
she would like the City to set a goal to work with the County to get some of
the funds reinstated in order to keep the beaches clean and open.
• Council Member Thomson reported that the Newport Beach Quakes finished
5th overall in the competition at Cooperstown, New York out of a field of 47
teams.
• Mayor Edwards reported on the dedication of Castaways Park and
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City of Newport Beach
City Council Minutes
July 27, 1998
complimented Council Member Glover and the Public Works staff for putting
together a great passive park. He indicated that he has also received
requests from people interested in dedicating benches for the park.
Mayor Edwards reiterated the information about the community meeting
scheduled for August 4, 1998 to discuss the future of the traffic changes at
the intersection of Jamboree Road and Bison Avenue. Director of Public
Works Webb indicated that information will be mailed to the public on
Tuesday or Wednesday and information will be available at the Public Works
counter on Wednesday.
Mayor Edwards complimented Council Member Glover regarding the article
about her in The Orange County Woman regarding the El Toro airport issue.
Mayor Edwards reported that the Junior Nationals won the International
Water Polo Championship over the weekend.
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING OF JULY 13, 1998. 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.
ORDINANCES FOR ADOPTION
3. AMENDMENT TO NEWPORT PLACE PLANNED COMMUNITY
DISTRICT REGULATIONS (PLANNING COMMISSION
AMENDMENT NO. 875) TO PERMIT BUSINESS AND TRADE
SCHOOLS WITHIN PROFESSIONAL AND BUSINESS OFFICE SITE
3A, SUBJECT TO THE APPROVAL OF A PLANNING DIRECTOR'S
USE PERMIT. Adopt Ordinance No. 98 -16.
4. AMENDMENT TO FRONT YARD SETBACKS ON BROAD STREET
(PLANNING COMMISSION AMENDMENT NO. 873) - AN
AMENDMENT TO DISTRICTING MAP NO. 5 TO ESTABLISH A
FRONT YARD SETBACK OF 20 FEET FROM THE NEWLY
ESTABLISHED PROPERTY LINES LOCATED BETWEEN SANTA
ANA AVENUE AND REDLANDS AVENUE ON BOTH SIDES OF
BROAD STREET. Adopt Ordinance No. 98 -17.
5.
Ayes:
Thomson, Debay, O'Neil, Hedges, Noyes, Mayor Edwards
Noes:
None
Absent:
None
Abstain:
Glover
INDEX
Ord 98 -16
PCA 875
Newport Place
Planned
Community
(94)
Ord 98 -17
PCA 873
Front Yard
Setbacks on
Broad Street
(94)
ESTABLISHMENT OF FEES FOR APPEALS TO THE PLANNING I Ord 98 -18
COMMISSION AND CITY COUNCIL. Adopt Ordinance No. 98 -18 Res 98 -52
Volume 52 - Page 123
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of Newport Beach
Council Minutes
27, 1998
amending Chapter 3.36 of the Newport Beach Municipal Code to establish
revised percentages of service cost recovery for appeals to the Planning
Commission and City Council at 50% of the cost of providing the service;
and adopt Resolution No. 98 -52 to adopt fees for appeals to the Planning
Commission and City Council consistent with the Ordinance.
NEWPORT CENTER DRIVE PARKING TIME LIMITS — ADOPTION
OF RESOLUTION NO. 98 -53 LIMITING THE PARKING OF
VEHICLES ON CERTAIN STREETS AND RESCINDING
RESOLUTION NO. 97-84. Adopt Resolution.
ADOPTION OF RESOLUTIONS OF APPROVAL FOR LOCAL
COASTAL PROGRAM AMENDMENT LCP NO. 48 AND
RESUBDIVISION NO. 1033 (3312 -3336 VIA LIDO) AND LCP NO. 50
(BAY SHORES INN) TO INCORPORATE FIINDINGS REQUIRED BY
THE CALIFORNIA COASTAL COMMISSION. Adopt Resolution
No. 98 -54 for LCP No. 48, Resolution No. 98 -55 for LCP No. 50, the findings
and conditions for Resubdivision No. 1033.
RESOLUTION NO. 98 -56 ACCEPTING THE DEDICATION OF LOT R
AND A PORTION OF LOT S IN TRACT NO. 16012 (CASTAWAYS
TRACT). Accept the Offer of Dedication of Lot R and a portion of Lot S of
Tract No. 15012 Upper Castaways Bluff Top Trail and Passive Park site and
authorize the City Manager and City Clerk to accept the Offer of Dedication
of Lot R and a portion of Lot S of Tract No. 15012; and direct the City Clerk
to have the Offer of Dedication recorded in the Office of the Orange County
Recorder; adopt the Resolution accepting the dedication of Lot R and a
portion of Lot S of Tract No. 15012; and direct the City Clerk to have the
Resolution recorded in the Office of the Orange County Recorder after the
Offer of Dedication has been recorded.
COMPLETION AND ACCEPTANCE OF BAY AVENUE PARKING
LOT REHABILITATION (C- 3187). Accept the work; authorize the City
Clerk to file a Notice of Completion; and authorize the City Clerk to release
the bonds 35 days after the Notice of Completion has been recorded in
accordance with applicable portions of the Civil Code.
APPROVAL OF SUBDIVISION AGREEMENT FOR RESUBDIVISION
NO. 1043 LOCATED SOUTH OF BONITA CANYON DRIVE, EAST OF
PRAIRIE ROAD AND NORTH OF FORD ROAD. Approve a subdivision
agreement guaranteeing completion of the public improvements required
with Resubdivision No. 1043; and authorize the Mayor and the City Clerk to
execute the agreement.
1. Removed from the Consent Calendar by a member of the audience
(Tom Hyans).
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INDEX
Planning
Commission/
City Council
Appeal Fees
(40)
Res 98 -53
Newport Ctr Dr
Parking Time
Limits (85)
Res 98 -54
Res 98 -55
Bay Shores Inn
LCP 48
LCP 50
(84)
Res 98 -56
Castaways
Tract
(62/ TT 15012)
C -3187
Bay Ave.
Parking Lot
Rehabilitation
(38)
Resub 1043
(84)
City of Newport Beach
City Council Minutes
July 27, 1998
• MISCELLANEOUS ACTIONS
12. PLANNING COMMISSION AGENDA FOR JULY 23, 1998. Receive and
file.
13. BAYFRONT ENCROACHMENTS IN WEST NEWPORT BAY
CHANNELS ADJACENT TO 400 CLUBHOUSE DRIVE. Continued for
30 days at the request of the applicant.
14. NEWPORT BAY PROJECTS/FUNDING UPDATE. Receive and file
report from Council Member Glover.
15. INCOME PROPERTIES DISPOSITION (contd. from 6/22198).
Continue to August 10, 1998.
16. GENERAL LIABILITY EXCESS INSURANCE RENEWAL. Approve the
renewal of the excess general liability insurance coverage with ICW for
$255,000 per year in premium for 2 years beginning FY 1998 -99.
17. ASSEMBLY CONSTITUTIONAL AMENDMENT (ACA) 42 AND STATE
LEGISLATIVE UPDATE. Receive and file report.
Motion by Mayor Pro Tem O'Neil to approve the Consent Calendar, except
for the item removed (11). Council Member Glover requested that the
• Council read the report on the Newport Bay funding and also registered an
abstention on Item #4. Without objection, the motion carried by acclamation.
ITEMS REMOVED FROM THE CONSENT CALENDAR
11. MEMORANDUM OF UNDERSTANDING — NEWPORT BEACH
MARINE SAFETY OFFICERS ASSOCIATION.
Tom Hyans stated that there is a need for a change in the way the City
provides for public services. He said that since the Fire and Marine
Departments were combined, the Marine Safety personnel benefit from
decades of experience gained in labor negotiations by the California State
Fireman's Association. He said the 100 or so line firemen in Newport Beach,
who are almost equally divided in the hierarchy of four groups — Captains,
Engineers, Paramedics, and Firefighters — cost the taxpayers of Newport
Beach over $100,000 each in base salary and paid benefits, excluding other
perks and compensatory time. With this contract the Marine Safety
personnel will receive the same percentage increases granted to Fire Unit
employees and some senior positions will receive a retroactive bonus of 10%
of nearly a years salary and overtime. Supervisors will see an increase of
65% in the differential between their salary range and that of their
immediate subordinates. He gave a sampling of proposed salaries and
benefits and pointed out some of the fringe benefits. They are provided up to
$1500 per year additional for cumulative college credits, which don't
necessarily have to apply to the job they are occupying. They receive flex
. leave of 3.2 weeks after one year to a maximum of 6.2 weeks; vacation leave
of 4.4 weeks to the maximum of 9.2 weeks; and 12 paid holidays, etc. He
noted that 65% of the City's operating budget goes to salaries and benefits
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INDEX
Planning
(68)
Encroachment/
400 Clubhouse Dr
(65)
Newport Bay
(51)
No Report
General Liability
Excess Insurance
Renewal (47)
ACA 42 /State
Legislation (48)
C -2058
Marine Safety
Officers MOU
(38)
City of Newport Beach
City Council Minutes
July 27, 1998
• and 50% of the employees are in the public safety divisions, which are
essentially untouchable. He said it is no wonder that Council Member Noyes
discovered that what is left over for repair and maintenance has the City in
a state of crisis. After this, he said he hopes the Council rethinks the
municipal organization and financing top to bottom.
Motion by Mayor Pro Tem O'Neil to approve the MOU between the City and
the Marine Safety Officers Association which covers the period from January
1, 1998 through June 30, 1999.
Council Member Hedges said that he thinks what is remarkable about this
agreement is that it is unremarkable in the context of public safety type
agreements. He said it is not unusual to see this type of thing. He noted
that unfortunately the first time the public gets a look at these MOU's is
when they are presented to the public in a completed form at the conclusion
of negotiations which are discussed in closed session. Therefore, the public is
deprived of the benefit of the give and take and opinions expressed by
individuals on the City Council. He said he did not realize that an
agreement had been reached to cut substantial lump sum checks to these
employees. He said he doesn't believe the Council pushed, on behalf of the
taxpayer, hard enough for alternative methods of providing the same
services (contracting with other cities, looking to the private sector for these
services, etc.), and now it is nearly impossible to do that because they have
been successfully integrated into a public safety function.
• With Council Member Hedges dissenting, the motion carried.
Charles Griffin, 732 Bison Avenue, provided the City Council with information that
he provided to the Board of Supervisors regarding alternative plans for runways at
El Toro and asked for their support in promoting this. He said this alternative plan
would be more acceptable for residents to the south and east of the airport and noted
that the present plan and layout of the runways is a derivative of the existing
layout. He reviewed the runway separation requirements and justification for them.
He also provided an analysis to Council and noted that if the layout plan is not
approved than airport grant funds will not be available from the FAA.
PUBLIC HEARINGS
18. AMENDMENT TO REVISE SECTION 20.67.035(B) OF THE NBMC TO
RE -ADOPT POLITICAL SIGN REGULATIONS (AMENDMENT 874).
Mayor Edwards opened the public hearing, and hearing no testimony, closed
the public hearing.
Motion by Council Member Debay to introduce Ordinance No. 98 -19 for
Amendment 874, and pass to second reading on August 10, 1998.
• Without objection, the motion carried by acclamation.
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INDEX
Ord 98 -19
PCA 874
Political Sign
Regulations
(94)
City of Newport Beach
City Council Minutes
July 27, 1998
• 19. BRECKENRIDGE GROUP (JOHN GANTES, APPLICANT) -
5180 BIRCH STREET - PROJECT INVOLVES THE APPROVAL OF
AN AMENDMENT TO THE KOLL CENTER PLANNED COMMUNITY
DEVELOPMENT REGULATIONS TO ALLOW ADDITIONAL
RESTAURANT USES IN OFFICE SITE "G" AND TO PERMIT
EATING AND DRINKING ESTABLISHMENTS THROUGHOUT THE
KOLL CENTER PLANNED COMMUNITY AS PER TITLE 20 OF THE
NBMC; ALSO INCLUDES CONSIDERATION OF AN APPEAL OF
THE DECISION OF THE PLANNING COMMISSION'S APPROVAL
OF A USE PERMIT FOR THE ESTABLISHMENT OF A TAKE -OUT
RESTAURANT USE AS SPECIFIED IN THE KOLL CENTER
PLANNED COMMUNITY TEXT WITH A WAIVER OF A PORTION OF
THE REQUIRED PARKING SPACES AND THE APPROVAL OF A
TRAFFIC AND PARKING DEMAND STUDY [USE PERMIT NO. 3635,
TRAFFIC STUDY NO. 116, PLANNING AMENDMENT NO. 8761.
City Manager Murphy pointed out that the Council received a supplemental
staff report which suggests that traffic study condition 2 be modified. He
explained that the fee is the percentage of the construction of the
improvements called out in the traffic study for the intersection of
MacArthur and Jamboree. He noted that the staff report explains the
relative contribution as it relates to the improvement at that intersection
and this is the percentage of the number of trips related to the dollars
required to do the improvement. The $5,000 ceiling is the fair share
• contribution by the developer.
Public Works Director Webb explained that it is estimated that the costs of
the improvements will be approximately $500,000 and this would be roughly
1% of the costs.
Planning Director Temple further explained that the condition as originally
imposed by the Planning Commission would have provided for the Traffic
Engineer to assess the rough proportionality and to come up with a
proportional fee. The applicant, after that action, asked staff to come up
with some parameters around which that determination would be made and
requested that there be a not -to- exceed number included. The City Traffic
Engineer looked at the possible cost and came up with a range between
$3,960 and $6,600 and he recommended that the proportional fee of 1.32% be
assessed, but that it not exceed $5,000. She noted that $5,000 was selected
as the not -to- exceed amount because it was about half way in the range.
Mayor Edwards opened the public hearing
Timothy Strader, 840 Newport Center Dr., Suite 420, explained that he was
the original representative at Koll Center Newport in 1972 when the original
PC text was adopted by the City. He said he is also a representative and
owner of Koll Center Newport A. He noted that when he purchased the land
it had the Carrows Restaurant on it with 7500 square feet in one building.
The City required 75 parking spaces at that time or approximately 1 per 100.
To put it into perspective, he said they are reducing the intensity of use
down to 5400 square feet, so if the formula were 1 per 100 they would be
providing 54 spaces, but they are really providing 63 spaces, as required by
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INDEX
Ord 98 -20
PCA 876
UP 3635
Koll Center
Planned
Community/
5180 Birch St.
(94)
City of Newport Beach
City Council Minutes
July 27, 1998
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the City. If you take the reduction in intensity of use from 7500 square feet
it is really a 27% reduction. He submitted that a drive - through restaurant
requires fewer parking spaces than a full sit -down restaurant. He pointed
out that he included a letter with the staff report indicating that he looked
into the complaints of the Wienerschnitzel made at the Planning
Commission meeting and submitted a minute excerpt from February 10,
1983 where Wienerschnitzel requested a reduction of 29 parking spaces for
their location when they were adding 850 square feet. He said that they
submit that the problems that exist on the site with one of the owners, who
originally indicated he wasn't going to oppose their proposal, is because of
the waiver granted to Wienerschnitzel. He said the Wienerschnitzel site is
designed so that the stacking from their drive - through interferes with the
parking for Mr. Horning's office building. He also noted that they have
controlled parking since they own their own separate parcel and they have
their own gate. They indicated that in the past they have utilized the gate to
prevent people from Wienerschnitzel from parking in their parking lot. He
pointed out that the Council also received a letter from Rockwell
Semiconductor wherein they take issue with the parking reduction. He
stated that the experts hired by the City to do the study have set forth their
conclusions based on an extensive study. There was no extensive study for
the Wienerschnitzel waiver, but simply a letter from them. On behalf of the
Breckenridge group, he said they are willing to accept the staff
recommendations. He stated that the request for the not -to- exceed number
is so that Mr. Breckenridge can get his loan in order to finance this
•
operation. In response to Council Member Debay, he stated that the
Planning Commission looked at the concerns raised by Mr. Horning, and the
project has been redesigned. He further noted that the Planning
Commission had some concerns about the speed of traffic that has been
observed. Based on that, he talked to the developer who has agreed to
install speed bumps. He stated that the best way to fix Mr. Horning's
problem is to require Wienershnitzel to redesign because they are his
problem since they are right in front of his office building.
Jim Caulfield, Galardi Group, 4440 Von Karman Avenue, franchiser of the
Wienerschnitzel restaurant group and the tenant of the subject property,
stated that they are opposed to a major competitor locating next to them
because a competitor the size of a Burger King would damage their business.
He said they have operated the Wienerschnitzel there for 20 years and their
experience has been that whenever a competitor comes into the area, their
business goes down. He said that, however, if it were only a Burger King
that were locating on this property, they probably wouldn't have a basis for
being here. If there were not the second restaurant, the amendment to the
development agreement would not be required which allows them to have 2
restaurant buildings on this property. Those two buildings will hold 3
different restaurant concepts. The parking waiver wouldn't be required and
the TPO waivers and contributions wouldn't have to occur. He said the real
problem is being created by the second building on the property. He noted
that he provided the Council with a letter outlining their concerns. He
explained that the average Wienerschnitzel restaurant has half the sales of
• the average Burger King restaurant. He said that in addition to the facts in
the staff report, there are other facts that bear directly on the parking issue
— actual observations of what the actual parking is for Burger Kings in the
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City of Newport Beach
City Council Minutes
July 27, 1998
INDEX
• vicinity and not the Burger King in Santa Ana, which is the subject of the
parking study. In addition to the parking problems, he noted that there are
some site problems, which he pointed out on a site plan that he explained to
the Council. He noted that there are four lanes of traffic southbound on
Jamboree and the lane that turns into the Wienerschnitzel and Newport
Federal Building is an acceleration lane for traffic entering from Birch onto
Jamboree. He said the difficulty is that the more traffic that is brought to
the site, the more difficult the access is. He said they believe that the two
buildings is what really creates the intensity. He said they also have issues
with the access from Birch Street. He noted that the Burger King drive -
through exits onto Birch Street. He also pointed out that the proposal shows
stacking for seven cars, however there are letters and studies showing that
the Burger Kings in the area are stacking 9 to 19 cars. He said that based
on the parking issue, traffic issue, and intensification of the use of the
property, this is a case of too much on too little and they believe the solution
would be to simply approve the Burger King or have it redesigned to not
include the second building.
Council Member Hedges questioned Mr. Caulfield about whether the
Wienerschnitzel would be willing to have their use permit reviewed to
consider whether or not the code required parking should be provided on
site, or to make modifications to the building to bring it into compliance with
the Newport Beach code.
• Mr. Caulfield explained that they sought and obtained a parking reduction.
Based upon the City's parking study, he said it appears that they have not
exceeded the capacity of their parking as it is now. He said that it was an
objective standard that was based upon an evaluation of what fast food
restaurants did and in this case it can be evaluated specifically since they
know what restaurant is going in. He noted that on a national sales average
Wienershnitzel's average sales as a chain are 20% less than Burger Kings'.
In response to Council Member Hedges' question about whether trip
generation should be based on gross sales rather than the quantities of
products sold, Mr. Caulfield stated that the number of trips is a function of
gross sales and how much each person spends. He explained the "check
average" and volume of sales.
Council Member Hedges stated that perhaps the Council should look at the
use that Wienershnitzel is enjoying and call that up for review in the context
of the approval for this project and look at all of them to see what needs to be
done on site for all the businesses to make the whole corner work.
Mr. Caulfield pointed out that this would be amending a development
agreement that was executed 25 years ago, which was reflected in CC &R's
that were in effect in 1978 under which the properties were purchased. He
said he doesn't know what their use permit would have to do with amending
development agreements. He said his interest is in preserving the business
they have at that site. He stated that they sought and obtained waivers 15
years ago and he doesn't know if reviewing use permits that occurred 15
• years ago would be productive.
City Attorney Burnham stated that the City generally would not have the
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City Council Minutes
July 27, 1998
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ability to review a use permit unless the permit provides for such review.
Tom Wooldridge, 1735 Corbett Highlands Place, Arroyo Grande, owner of
the property located at 4501 Jamboree which is leased to the Galardi Group
who operate the Wienerschnitzel restaurant, said his property abuts the
restaurant located at 5180 Birch Street. It is his understanding that the
owner of that property wants to tear down his restaurant and proposes to
replace it with three restaurants, one of which would be a Burger King with
a drive - through service and an additional building would house two
additional full- service small scale restaurants. Based on his notice, the
owner wishes to amend the Koll Center Planned Community development
regulation allowing him to triple the amount of restaurants from 1 to 3
restaurants on his property. The present restriction is 2 restaurants for both
properties. He explained his past history as a law enforcement officer and
his duties and responsibilities representing the Police Department at the
City planning meetings and working with the traffic engineer. Without
adequate vehicle circulation and parking, there will be a major pedestrian
safety problem. He said that in his opinion the proposed project lacks
adequate parking and may cause a traffic circulation problem. He said he
purchased his property based on the fact that the CC &R's, along with the
City regulations, were protective of his investment and were drafted to
maintain and control the design and integrity of the development. Having a
dining and fast -food restaurant appeared to be a favorable balance between
the two properties, but replacing the dining restaurant with a Burger King
plus two additional restaurants will create a major parking problem and
•
have a detrimental affect on their business. He noted that the Burger King
alone will generate double the vehicular traffic compared to the
Wienerschnitzel. He said his tenant was forced to post their parking stalls
due to the fact that customers eating at the dining restaurant would park on
their property and vice versa. He asked that the City Council consider the
detrimental affect the proposed development will have on his property by
replacing one dining restaurant with three restaurants. He requested that
the Council deny the waiver of any parking requirements for this project.
Rich Bluth, Director of Facilities, Rockwell Semiconductors, 4311 Jamboree
Road, stated that Rockwell has operated the facility since the early 1960's in
that location. He said they have only one concern related to this project,
which is described in their letter, and it relates to the parking. He said that
Wienerschnitzel was granted a parking waiver at the time it was developed.
When Taco Bell was built adjacent to the 4000 MacArthur property a waiver
of 11 spots was granted to that project as well on the basis that walk -in
dining would create a discount in terms of parking required. He said it has
been their observation that Taco Bell is extremely successful and parking is
fully booked during the peak times, which is evidenced by the traffic study
submitted for this project. This project is asking for a waiver of 15 spots and
their concern is that people will park on their lot and go to the Burger King
since their property does not have controlled parking. He noted that this
project can clearly be built within the code required parking and therefore he
requested that Council consider that. He said they have concerns with the
• liability from people transgressing their property who don't belong there. He
reiterated that their concern is only parking, it does not relate to the traffic
effort or analysis, and only because they feel parking will end up on their
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City of Newport Beach
City Council Minutes
July 27, 1998
site.
INDEX
Hearing no further testimony, Mayor Edwards closed the public hearing.
In response to Council Member Debay's question about whether the other
two adjoining restaurants are a Starbucks and a bagel shop, Mr. Strader
reported that they are limited -use, 25 seat, small coffee and bagel type
operations.
Council Member Debay questioned whether the peak hours for these
restaurants would be different than for the Burger King.
Bryant Bryson, Director of Operations and Development, Breckenridge
Group, said that as an operator they are concerned with the other uses as
well. While looking for secondary tenants for the two smaller uses, he said
they are looking for something to be complimentary to their business. As far
as the Burger King he said approximately 10 -15% of the sales come from the
breakfast period, 35 -40% in lunch and dinner depending on the type of
location. He said based on the location it would be more skewed to lunch.
He said it is their intent to find tenants that would compliment them and
allow them to phase parking in and out so there won't be a need for the type
of parking presently being required. He said they are negotiating with a
coffee house, however it has not come to fruition yet. He said that as an
operator they don't want another use that will be heavy lunch or dinner
• because that would just damage the Burger King's business.
Council Member Hedges noted the problem with the parking at the
Starbucks at Campus and MacArthur. He requested that the Traffic
Engineer walk the Council through the methodology used to determine the
conclusion on the analysis for this project.
Motion by Council Member Hedges to continue this matter to August 10,
1998 in order to get the questions related to parking and stacking answered.
He said he is not convinced that the Planning Commission made the right
conclusions based on the analysis. He also requested that the Traffic
Engineer and consultant be present at the meeting.
The motion failed by the following roll call vote:
Ayes:
Debay, Hedges, Mayor Edwards
Noes:
Thomson, O'Neil, Glover, Noyes
Absent:
None
Abstain:
None
Mayor Pro Tem O'Neil said he doesn't feel it is appropriate for the City to
make decisions which deal with regulating competition between various
business enterprises.
Motion by Mayor Pro Tem. O'Neil to introduce Ordinance No. 98 -20
• amending Kell Center Newport Planned Community, and pass to second
reading on August 10, 1998; approve Use Permit No. 3635 and Traffic Study
No. 116 with the modified condition #2 as presented, including an override of
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City of Newport Beach
City Council Minutes
July 27, 1998
• the provisions of the Traffic Phasing Ordinance, subject to the Findings and
Conditions set forth in Exhibit "A." He said be believes the findings and
conditions are rather extensive and allows for further review of access and
parking. He said staff still has the jurisdiction to review the full issue of
traffic circulation.
The motion carried by the following roll call vote
Ayes:
Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards
Noes:
Hedges
Absent:
None
Abstain:
None
20. 1998 -99 BUDGET AND BUDGET CHECKLIST (contd. from 6/22/98)
City Manager Murphy explained that the Council has the written staff
report that was given to the Council at the meeting of June 22, 1998, as well
as the minutes from that meeting. On June 22, 1998 the City Council
adopted the budget, deferred action on a majority of the checklist items and
after discussion focused on finding additional dollars for capital
improvement projects asked that he return with a plan to address the issue.
He said his recommendation in the staff report can be summarized as
undertaking another review of the City's operating expenses, reserves, and
• assets in order to find dollars for the short -term and for the long -term. The
approach that he suggested is to simultaneously undertake a number of
efforts. The first is to identify in each infrastructure system (roads, storm
drains, water & sewer, etc.) the appropriate level of funding needed to keep
the infrastructure in good repair and condition. He said he indicated in the
staff report that many of the master plans have been completed, but there is
still some that need to be done. Second, would be to identify the timetable
needed for funding for each of those systems. This will vary year to year
depending on what the particular need is in a particular area based on the
master plan. Third, to re- examine the current dollars towards capital,
examine the City assets, the possibility of grants, and the reserves that the
City currently has for use in capital improvements. Most importantly, the
one that will be the most time- consuming, is to re- examine how to squeeze
more dollars out of the operating expenses. The suggested approach is also
to return in January of 1999, the mid -point in the new fiscal year, to visit
where things stand in the new fiscal year, where the state budget has
ultimately resolved as it relates to VLF, where the City stands with revenue
and expenses, and to look at what additional dollars can be allocated during
the current fiscal year towards capital improvements. He said there is a
reasonable chance that could very well occur. He said he also suggested a
manner for handling the checklist items. He noted that there are 23 items
that he has broken down into several categories. Category A are items that
Council took action on on July 22, 1998, and his proposal is that those would
stand as approved. Category B are items which fit in the category of
• additional capital improvements and he has suggested that they be held in
abeyance for six months and can be reconsidered after the revenues are
looked at in the current fiscal year, as well as the expenses, to see if they can
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• be funded, in addition to looking at the more comprehensive picture.
Category C are those items which were added to the checklist and are
currently in the budget for funding capital improvement projects. He
suggested that those items proceed. Category D is to approve as
recommended in the checklist. Category E are three issues that don't fit into
any of the other categories and the City Council needs to take an individual
vote on these items. He noted that after many years of downturns the
economy is doing well, the standing in the marketplace as far as
salaries/benefits has been addressed, over the years the expenses in terms of
maintenance and operation have been held down, the capital improvements
have held steady, and reserves have been restored, but now it is time to look
again with an emphasis on the capital improvement program. He explained
that he is proposing an aggressive program over the next six months to
undertake that effort for the short -term, but more importantly for the long
term.
Council Member Noyes stated that he thinks the timeframe should be
shortened to about three months and the items that aren't approved tonight
should be made action items and not just part of an update. He said he also
believes there are opportunities in the government culture to provide
employees with a sense of pride and satisfaction in the job that they do and
part of that is to instill in them the need to be very productive, see their
organization be productive and to lend a hand to that in some way. He said
he thinks almost every employee probably has some idea or concept that
• would save the City money or improve service to the citizens. He said he
believes the employees in the field are more responsive to the citizens and
the ones in the buildings are more responsive to the corporate culture. He
suggested that the employees work out into the field more.
Motion by Mayor Pro Tem. O'Neil to accept the recommendation of the City
Manager to receive and file the report, to direct the City Manager to
undertake the review as outlined and report back to the City Council on a
periodic basis on the status of the review, and to consider additional capital
improvement allocations for the 1998 -99 fiscal year. His motion included
changing the January 1999 date to November 1998 to make it 90 days. On
the checklist items, his motion included no further discussion on the three
items in Category A since they have already been approved; hold the items
in Category B for abeyance for 90 days; approve the items in Category C
since they were budgeted; and hold D and E in abeyance for 90 days.
Council Member Glover reported that she believes she can get some private
funding for the bridge flags, however she can't get that within 90 days. She
voiced concern about holding the funding for the West Newport Channels,
noting that it is an embarrassment to have beaches and channels closed in
Newport Beach. She spoke in opposition to the funding for the Balboa
parking lot because she doesn't believe the answer for the peninsula is to add
more parking spaces. She said she would also like to see more legal analysis
done on the oil field program and she would also like to see the City consider
selling off the rental property at the Balboa Yacht Basin. She spoke in
• support of the funding for the book collection.
Council Member Debay said she feels that this process is unwieldy and
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• difficult and explained that she seconded the motion because usually in
January the Council establishes goals and priorities for the coming year.
Based on that, she was in accord with having the review in January so that
these could be addressed as part of the goals.
Council Member Hedges expressed concern about the process that is
generally followed, and noted that the kind of things that the City Manager
is proposing should have been done a long time ago. All that Council needs
to decide tonight is whether they want to do the things which have been
identified at this point and then direct the City Manager to bring back the
appropriate resolution to amend the budget to reflect the reductions and
expenditures that are identified to fund these projects. He said he doesn't
think the City Council needs to get involved with the nuts and bolts of how
to pay for these items since that is a function of the City Manager.
Mayor Pro Tem O'Neil withdrew his motion.
Motion by Council Member Hedges to approve all of the items in Category B
and include them in the FY 1998 -99 budget, which includes $750,000 for
street lights.
Substitute motion by Mayor Edwards to review and vote on each item
individually.
Virginia Herberts, Balboa Community Association liaison to the Council,
• spoke in opposition to the expansion of the Balboa parking lot. She noted
that the residents are not served by this expansion and they are opposed to
modifying the exit point from Main Street to Washington Street, which
would call for a third signal in two blocks. She also voiced concern about
how this item was put on the agenda in the context of the budget and no one
knew about it.
Tom Hyans said he took issue with Council Member Noyes' comment and
noted that his contention with what goes on with the budget has nothing to
do with the people who work here, but it has to do with the amount of money
that they are paid and how they are managed. He noted that the City
always ranks in the second or third highest position of other cities within the
County. He said that Newport Beach is last as far as privatization and only
two functions in the City have been privatized. He expressed concerns with
the Marine Safety MOU and noted that 65% of the operating budget is
salaries and benefits. He said that the City needs to talk about privatizing
and finding some other ways to manage the financing of the City to get the
kind of services the residents have come to expect.
Elaine Linhoff, 1760 E. Ocean Blvd., voiced opposition to the Balboa parking
lot expansion project. She noted that the Peninsula Point Association
members don't want a third light at Washington Street or anything that will
create more traffic delays. She noted that the parking lot would not need to
be expanded if the Catalina boats were required to provide off street
• parking. She said that she would like to see more money spent on
resurfacing Balboa Boulevard, rather than spending the money on Jamboree
between Coast Highway and San Joaquin Hills Road.
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• Jim Wood, 839 Promontory Drive, Chair of the Library Board of Trustees,
stated that the Library is moving to a status of excellence and it is their
intent to have it as one of the finest libraries for a city of this size in the U.S.
He noted that the addition of an art collection is an opportunity to create
additional value. Last year's upgrading of the American History collection is
moving into place and each volume has a bookplate indicating that it was
made possible by Building Excise Tax (BET) funds of 1998. He said that now
their sights are set on 1700 books, volumes, tapes, videos, and CD -roms
related to the arts (photography, painting, sculpture, interior design,
furniture, printing, etc.). He noted that the Library is adopting a motto as
part of their marketing plan. Their motto is "The cultural, educational and
informational heart of Newport Beach" and they think this investment will
move them towards that goal.
With Council Member Hedges dissenting, the substitute motion carried.
Council Member Noyes explained that the Balboa parking lot is on the
checklist because it was in the budget and it was pulled for discussion
because he didn't feel that the plan has been settled with the residents. He
noted that the parking management study will interface with the parking
management plan that is going on for the peninsula, and before anything is
implemented, the residents will be involved in the process.
1. Restroom Maintenance.
• Prioritization of maintenance was approved on 6/22/98.
2. Cannery Village Overtime.
Additional $9,500 in Police Department overtime was approved on
6/22/98.
8. Newport Elementary Landscaping.
Additional $25,000 in Capital Projects was approved on 6/22/98.
3. Street Lights.
Motion by Council Member Noyes to approve the original $250,000
and direct staff to come back in 90 days after further study.
Substitute motion by Council Member Hedges to retain $750,000 in
the budget died for lack of a second.
Without objection, the motion carried by acclamation.
4. Jamboree/Bayside Landscaping.
• Motion by Mayor Pro Tem O'Neil to approve an additional $31,500 in
Capital Projects. He explained that the original cost estimate was
$35,000, however the community association is contributing $3,500.
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• Substitute motion by Council Member Hedges to use the $20,000
budgeted for City Hall air conditioning died for lack of a second.
With Mayor Edwards dissenting, the motion carried.
5. Irvine Avenue Median.
Motion by Council Member Glover to approve the funding since this
is a joint effort with the City of Costa Mesa.
Substitute motion by Mayor Edwards to hold this item for 90 days.
With Council Members Glover and Hedges dissenting, the substitute
motion carried.
6. Bridge flags.
Motion by Mayor Pro Tem O'Neil to hold this item for 90 days.
Substitute motion by Council Member Hedges to split the $20,000
budgeted for City Hall air conditioning between the bridge flags and
Newport Channel died for lack of a second.
Without objection, the motion carried by acclamation.
• 18. West Newport Channels.
Motion by Mayor Edwards to approve an additional $10,000 in
Capital Projects.
Substitute motion by Council Member Hedges to use the $20,000
budget for City Hall air conditioning to pay for water testing died for
lack of a second.
Without objection, the motion carried by acclamation.
7. City Hall Electrical.
Motion by Council Member Noyes to hold this item in abeyance for
90 days.
Substitute motion by Council Member Debav to approve the original
$70,000 included in the budget.
With Council Members Hedges, Glover and Noyes dissenting, the
substitute motion carried.
9. Police Department Maintenance.
• Motion by Mayor Pro Tern O'Neil to approve the original $100,000
included in the budget.
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isSubstitute motion by Council Member Hedges to hold in abeyance for
90 days died for lack of a second.
With Council Member Hedges dissenting, the motion carried.
10. Newport Theatre Arts.
Motion by Council Member Glover to approve the original $67,500
included in the budget.
Without objection, the motion carried by acclamation.
11. Voting Machine.
Motion by Council Member Debav to approve the original $25,000
included in the budget.
Substitute motion by Council Member Noyes to hold this item in
abeyance for 90 days.
With Council Members Glover, Hedges and Noyes dissenting, the
substitute motion failed.
With Council Members Glover, Hedges and Noyes dissenting, the
• main motion carried.
12. Balboa Parking Lot.
Motion by Mayor Pro Tem O'Neil to hold this item for 90 days.
Without objection, the motion carried by acclamation.
13. Parking Meters.
Motion by Mayor Edwards to include the funding in the budget.
Council Member Thomson spoke in opposition to the motion and
indicated that the City needs to review the new technology available
as it relates to parking meters.
Substitute motion by Council Member Noyes to hold this item for 90
days and to direct staff to bring back a complete report on parking
meter issues.
With Mayor Edwards and Council Member Debay dissenting, the
substitute motion carried.
16. Balboa Yacht Basin Improvements.
• Motion by Mayor Edwards to approve the original funds included in
the budget.
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. Council Member Glover spoke in support of the motion and noted
that the committee that was formed to review income properties
should also look at these apartments.
Council Member Noyes commented that he felt the city wasn't doing
enough maintenance on the Yacht Basin and suggested the
development of a Request for Proposal (RFP) to privatize the Yacht
Basin.
Without objection, the motion carried by acclamation.
17. Oil Field Improvements.
Motion by Council Member Debav to proceed with this project.
Substitute motion by Council Member Hedges to hold this item for 90
days.
City Manager Murphy explained that the wells are a City asset,
however the City contracts for its operation. He indicated that a
study has been undertaken with the focus to look at the future of the
operation. He explained that the net revenues remain in the Tide
and Submerged Land fund. As a result of the study, several
• proposals have come into the City to come in and drill new wells or
re -drill existing wells into new areas. It has been indicated to the
City that there may be additional oil potential and the staff wants to
look at that to see if that information is accurate. He said that staff
will bring a report back to the Council in about 45 days with a
picture of the oil field operation — revenues, expenses, the potential
for the future, as well as addressing legal issues.
Without objection, the motion carried by acclamation.
21. Newport Blvd. Retaining Wall.
Motion by Mayor Edwards to approve the original $10,000 included
in the budget.
Without objection, the motion carried by acclamation.
19. Fire/Marine Centralization.
Motion by Council Member Debav to approve the original $36,000
budgeted and return the $236,000 BET monies to fund balance.
Without objection, the motion carried by acclamation.
22. Lifeguard Accounting Transfer.
• Motion by Council Member Glover to approve the transfer of $8,064
from S &EB to M &O.
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1 With Council Member Hedges dissenting, the motion carried.
23. Jamboree Road Re- budget.
24. Grand Canal Re- budget.
Motion by Mayor Edwards to approve the re- budget of $520,000 for
the Jamboree Road project and the re- budget of $130,000 for the
Grand Canal project.
Without objection, the motion carried by acclamation.
14. AQMD Division.
15. Newport Blvd. 30th to 32nd Street.
Motion by Mayor Edwards to exclude 14 & 15 from the budget
City Manager Murphy explained the AQMD item and noted that
there is legislation that is expected to pass that will permanently
exempt employment sites with fewer than 250 employees from
mandatory rideshare programs. However, the Police & Fire
Department operations in Newport Center exceed this threshold and
will therefore remain under the AQMD mandate for ridesharing
programs.
Substitute motion by Mayor Pro Tem O'Neil to hold this item for 90
days.
With Council Member Hedges dissenting, the motion carried.
Motion by Mayor Pro Tem O'Neil to exclude $50,000 from the
original budget (Item 15) for Newport Blvd. 30th to 32nd Street.
Without objection, the motion carried by acclamation.
20. BET for Book Collection on Arts.
Motion by Mayor Pro Tem O'Neil to approve an additional $100,000
in the budget for this collection.
Council Member Hedges requested that the motion be amended to
request that the Library Board of Trustees place an emphasis on
American Art.
Mayor Pro Tem O'Neil, maker of the motion, said he would prefer to
let the Library Board of Trustees decide how to best assemble the
collection.
With Mayor Edwards dissenting, the motion carried.
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Motion by Mayor Edwards to receive and file the report; direct the City
Manager to undertake a review as outlined and report back to City Council
t in 90 days; and to consider the additional capital improvement allocations
for the 1998 -99 fiscal year and to address current budget checklist items as
recommended. As requested by Council Member Hedges, Mayor Edwards
amended his motion to include direction to the City Manager that he is not
to increase the revenue assumptions.
Council Member Hedges indicated that if there are increased revenues, they
should be placed in reserves since there is a significant shortfall in that
account.
Mayor Pro Tem O'Neil spoke in opposition to the amendment about revenue
estimates noting that he wants to have the flexibility of looking at the entire
status of the financial situation.
The motion as amended failed by the following roll call vote
Ayes:
Hedges, Noyes
Noes:
Thomson, Debay, O'Neil, Glover, Mayor Edwards
Absent:
None
Abstain:
None
Motion by Mayor Pro Tem O'Neil to receive and file the report; direct the
City Manager to undertake a review as outlined and report back to City
Council in 90 days; and to consider the additional capital improvement
allocations for the 1998 -99 fiscal year and to address current budget
checklist items as recommended.
Without objection, the motion carried by acclamation.
CURRENT BUSINESS
21. MULTI - FAMILY RESIDENTIAL (MFR) ZONING AND HEIGHT
LIMITS IN CORONA DEL MAR (Requested by Mayor Pro Tem
O'Neil).
Mayor Pro Tem O'Neil explained that he requested this report because the
height limits for MFR are different than for the R -2 district. He said that
based on the report there is evidence that the Council should direct staff to
prepare a resolution of intention to initiate the amendment to lower the
MFR height limits. He explained that based on the staff report there are two
options to be considered. One would be to adopt the 24/28 foot height limit
as specified for the R -1 and R -2 districts and the second would be to enact
the split height limit of the old R -3 district in effect from 1972 to 1990.
Motion by Mayor Pro Tem O'Neil to direct staff to prepare a Resolution of
Intention to initiate an amendment to the development regulations for
Corona del Mar with staff to also provide direction on whether the ordinance
• should take on the form of the height limits (24/28) as specified for the R -1
and R -2 Districts or if it should enact the split height limit of the old R -3
District in effect from 1972 to 1990.
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Height Limits
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City Council Minutes
July 27, 1998
• Without objection, the motion carried by acclamation.
22. UNSCHEDULED VACANCY ON THE LIBRARY BOARD OF
TRUSTEES (RESIGNATION OF JAY McGOODWIN).
Motion by Mayor Edwards to accept the resignation of Jay McGoodwin,
Library Board of Trustees effective July 19, 1998 (term expires June 30,
2001).
Without objection, the motion carried by acclamation.
Motion by Mayor Pro Tem O'Neil to direct the City Clerk to advertise the
unscheduled vacancy pursuant to Council Policy A -2.
Without objection, the motion carried by acclamation.
- None
ADJOURNMENT — 9:55 p.m. in memory of Officers Chestnut and Gibson,
Commander Alan Shephard, and local residents Branch Kerfoot and Marilyn
Walley.
is The agenda for the Regular Meeting was posted on July 22, 1998, at
3:45 pan. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
Citv Clerk
•
Recordi Secret y /
M c
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Library Board
of Trustees (24)