HomeMy WebLinkAboutCorona del Mar BID Agenda Packet 09/29/2016CITY OF NEWPORT BEACH
CORONA DEL MAR BUSINESS IMPROVEMENT
DISTRICT BOARD AGENDA
100 Civic Center Drive, Bay 1E (Corona del Mar Conference Room)
Thursday, September 29, 2016 - 7:30 AM
Corona del Mar Business Improvement District Board Members:
Bernie Svalstad, Chair
Scott Laidlaw, Vice Chair
Keith Dawson, Treasurer
Edward Hanley, Director
Hamid Kianipur, Director
Scott LaFleur, Director
Shawn Lim, Director
Jim Walker, Director
Vacant, Director
Staff Members:
Mary Locey, Management Analyst
The Corona del Mar Business Improvement District meeting is subject to the Ralph M. Brown Act. Among other things, the Brown
Act requires that the Corona del Mar Business Improvement District agenda be posted at least seventy-two (72) hours in advance
of each regular meeting and that the public be allowed to comment on agenda items before the Business Improvement District
and items not on the agenda but are within the subject matter jurisdiction of the Corona del Mar Business Improvement District.
The Chair may limit public comments to a reasonable amount of time, generally three (3) minutes per person.
The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a
participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate
you in every reasonable manner. Please contact Mary Locey, Management Analyst, at least forty-eight (48) hours prior to the
meeting to inform us of your particular needs and to determine if accommodation is feasible at (949) 644-3031 or
mlocey@newportbeachca.gov.
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT
Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the City Manager’s Office 24
hours prior to the scheduled meeting.
I.CALL MEETING TO ORDER
II.ROLL CALL
III.PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS
Public comments are invited on agenda and non-agenda items generally considered to be
within the subject matter jurisdiction of the Corona del Mar Business Improvement District
(CdM BID). Speakers must limit comments to three (3) minutes. Before speaking, we invite,
but do not require, you to state your name for the record. The CdM BID has the discretion to
extend or shorten the speakers’ time limit on agenda or non-agenda items, provided the time
limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or
set them in the silent mode.
IV.CURRENT BUSINESS
1.Approval of Minutes
Summary:
Review of the draft meeting minutes from August 25, 2016.
Recommended Action:
Board to approve the Augsut 25, 2016 meeting minutes.
September 29, 2016
Page 2
Corona del Mar Business Improvement District Board Meeting
Attachment - CdM BID August 25 Meeting Minutes
2.City Council Report(s)
Summary:
Oral report(s) from present City Council member(s).
Recommended Action:
None
3.Review Parking Community Forum
Summary:
BID Parking Sub-committee to report on the parking community forum held on
September 14, 2016.
Recommended Action:
None
4.Financial Reports and Budget Review
Summary:
a) Board to review the BID's current financial reports.
b) Update on the fiscal year 2016-2017 assessment billing.
Recommended Action:
a) Board to review and file the July 2016 financial reports
b) None
Attachment - Financial Reports August 2016
5.Newspaper Racks
Summary:
Board to review the proposed Ordinance to amend the City's Municipal Code
Section 5.70 Newspaper Racks and Stands and the Guidelines for the Fixed
Pedestal Zone in Corona del Mar.
Recommended Action:
Board to recommend the proposed Ordinance to amend the City's Municipal
Code Section 5.70 Newspaper Racks and Stands and the Guidelines for the
Fixed Pedestal Zone in Corona del Mar be submitted for consideration by the City
Council.
Attachment - Proposed Newspaper Rack Ordinance
Attachment - Fixed Pedestal Guidelines
6.Flower Street Sign Program
Summary:
Board to discuss status updates and cost proposals on the Flower Street Sign
Program.
Recommended Action:
None
September 29, 2016
Page 3
Corona del Mar Business Improvement District Board Meeting
7.Landscape Tree Wells
Summary:
Board to review a quote from Pinnacle Landscaping for tree well replacement
plants in specific areas.
Recommended Action:
Board to recommend the City approve the quote from Pinnacle Landscaping for
the plant replacement in specific areas.
Attachment - Pinnacle Quote
8.CdM Vision Plan
Summary:
Vision Plan Sub-committee status report and Board discussion on updates to the
CdM Vision Plan.
Recommended Action:
None
9.Holiday Decor
Summary:
Representatives from Dekra-lite will present holiday decor ideas and cost
proposals for the Gateway area and/or upgrades to the Marguerite and Coast
Highway medians.
Recommended Action:
Board to approve a budget allocation for additional or upgraded holiday decor and
recommend that the City amend the agreement with Dekra-lite to reflect the
upgrade services and costs.
10.Marketing and Administration Report
Summary:
a) Gateway Project community block celebration
b) Explore CdM streetlight banner program status update and timeline.
c) Explore CdM monthly sidewalk sale status update
d) Merchants and retailers monthly meeting update
e) Website project status and timeline
Recommended Action:
a-e) None
11.Corona del Mar Chamber of Commerce Report
Summary:
Corona del Mar Chamber of Commerce and community updates.
Recommended Action:
None
September 29, 2016
Page 4
Corona del Mar Business Improvement District Board Meeting
V.BOARD/COMMITTEE/COMMISSION ANNOUNCEMENTS OR MATTERS WHICH
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,
ACTION OR REPORT (NON-DISCUSSION ITEM)
VI.ADJOURNMENT
Next meeting October 27, 2016
1
Corona del Mar Business Improvement District
Board Meeting Minutes – Aug 25, 2016
City of Newport Beach Civic Center
Corona del Mar Conference Room, 1st Floor, Bay E, 100 Civic Center Drive, Newport Beach, CA
I. Call to Order
Chairman Svalstad called the meeting to order at 7:35am.
II. Roll Call
Chairman Svalstad called the roll, and everyone in the room introduced themselves.
Board Members Present: Chairman Svalstad, Treasurer Dawson, Director Laidlaw, Director
Walker, Director Lim, Director Hanley
BID Consultants: Linda Leonhard, BID Marketing and Administrative Services Consultant
(Corona del Mar Chamber of Commerce).
City Staff: City Traffic Engineer, Tony Brine.
Guests: Council Member Scott Peotter, Jeff Herdman, Dan Purcell, Stacey Jordan
III. Public Comments on Agenda Items
None
IV. CURRENT BUSINESS
A. Approval of Minutes
MOTION: Director Dawson made a motion to approve the July 28, 2016 Board Meeting
Minutes. Director Laidlaw seconded the motion.
The motion carried by the following roll call vote:
Ayes: Svalstad, Dawson, Walker, Lim, Hanley, Laidlaw
B. City Council Report(s)
Councilman Peotter discussed:
1. Amendments to Coastal Land Use Plan for properties along East Ocean Front on
the Peninsula that have encroachment issues.
2. Annual update and simplified process to the city fees program.
3. Charter Amendment, Measure MM on the tax ballot requiring a super majority
vote as part of the tax payer protection act.
4. The department of interior plan to make a national monument proposal for
certain open space the Irvine Company owns which may include Buck Gully,
talked about pros cons.
5. A study session is being organized to discuss short term lodging.
6. Parking restrictions increased at CDM High School.
7. Phase 3 & 4 were approved for the City Hall Sculpture Garden.
8. CdM Library timeline update – design in working.
C. Business District Parking and Pay Station Community Forum
Board discussed agenda, format and marketing for the CdM Business District
Parking and Pay Station Community Forum scheduled for September 14 at
Sherman Library & Gardens. Director Walker and Ms. Leonhard discussed
2
outreach to insure good attendance. Save the date mailer and email to BID
members were planned. Director Svalstad suggested addressing the topic of
residential parking permit plan and how it may work. He also suggested the
creation of a legal entity for the funds generated by the meters such as a
parking district to keep the revenues in the district. Director Laidlaw
mentioned the costs to maintain the entity. Council member Peotter
suggested that the CDMRA and Bid co-host the event in unison vs BID taking
the lead. Director Hanley requested Audio/Visual is pre-arranged for the
presentation. Director Svalstad requested a City Representative be present
for the meeting.
MOTION: Director Laidlaw made a motion to skip agenda item D and move to E, F and
then come back to D.
Director Walker seconded the motion.
The motion carried by the following roll call vote:
Ayes: Svalstad, Dawson, Walker, Lim, Hanley, Laidlaw
D. Current Financial Reports and Budget Review
1. Board reviewed the BID's current financial reports and available budget for
project allocations.
2. Ms. Leonhard reported that the fiscal year 2016-2017 assessment billing along with the
“Save the Date” flyer will be going out next week.
MOTION: Director Walker made a motion to approve the current financial reports and
available budget for allocations. Director Laidlaw seconded the motion.
The motion carried by the following roll call vote:
Ayes: Svalstad, Dawson, Walker, Lim, Hanley, Laidlaw
E. News Rack Project
Board discusses the status of the news rack project and budget allocation. City
Engineer Tony Brine and Director Lim gave an update on what they discovered
working with the city ordinance and design for the 5 or 6 racks.
MOTION: Director Laidlaw made a motion to approve $43,000 to cover the purchase and
installation of six news racks and remove all the current freestanding news racks and that
any difference between the cost and what was budgeted is taken from the carry over
balance in the budget. Director Dawson seconded the motion.
The motion carried by the following roll call vote:
Ayes: Svalstad, Dawson, Walker, Lim, Hanley, Laidlaw
Dan Purcell asked what the selection process was for the publications in the newsstands.
A discussion followed.
3
MOTION: Director Svalstad made a straw vote motion to approve the previously
presented News Rack Ordinance and Guidelines. Director Walker made the motion and
Director Laidlaw seconded the motion.
The motion carried by the following roll call vote:
Ayes: Svalstad, Dawson, Walker, Lim, Hanley, Laidlaw
F. Flower Street Sign Program
Board reviewed the Flower Street Sign Proposal from CNP Signs and Graphics
and discussed the budget allocation.
MOTION: Director Laidlaw made a motion to approve the purchase and installation of 22
street signs not to exceed the budgeted $22,000. Director Walker seconded the motion.
The motion carried by the following roll call vote:
Ayes: Svalstad, Dawson, Walker, Lim, Hanley, Laidlaw
G. CdM Vision Plan Focus Subcommittee
Board discussed an updated CdM Vision Plan and the formation of a CdM Vision Plan
Focus Subcommittee.
Director Svalstad nominated Director Walker and Director Laidlaw as the subcommittee
and they accepted.
H. Holiday Decor
Stacey from Dekralite made a presentation regarding holiday décor ideas. The
grapevine deer need to be replaced and there was discussion and a presentation on
replacement examples and some cost estimates. Stacey will be coming back with new
ideas and costs. Director Walker will check with City Staff on power to the Gateway
Island Median.
I. Marketing and Administration Report (Linda Leonhard)
1. Explore CdM Banner Program: Ms. Leonhard gave an updated timeline on the “Explore
CdM” Streetlight Banner Program. If the item gets put on the September Council
Agenda and is approved, the banners will be able to be installed for October.
2. Explore CdM Sidewalk Sales have been approved and permitted through the City to
become a monthly event on the First Saturday of each month. Ms. Leonhard is
working with the merchants to get the word out to the businesses and the public.
Associated reimbursement costs were also discussed and Ms. Leonhard requested
reimbursement from the BID for $154.00 for printing and banner graphics.
MOTION: Director Hanley made a motion that the BID reimburse the Chamber $154.00
for the printing and banner graphic changes for the Explore CdM Sidewalk Sale Program.
Director Walker seconded the motion.
The motion carried by the following roll call vote:
Ayes: Svalstad, Dawson, Walker, Lim, Hanley, Laidlaw
4
3. Gateway Project Community Block Celebration: Ms. Leonhard discussed the Sept 29th
event to celebrate the new outdoor dining in the village and the project completion while
at the same time acknowledging those involved and gathering the merchants and residents
for a block celebration. Ms. Leonhard requested the BID allocate $700 for associated cost
from the Marketing Campaign budget.
MOTION:
Director Hanley made a motion to approve $700 from the Marketing Campaigns budget to
be allocated to the Gateway Community Block Celebration. Director Laidlaw seconded the
motion.
The motion carried by the following roll call vote:
Ayes: Svalstad, Dawson, Lim, Hanley, Laidlaw. Director Walker abstained.
4. Merchants & retailers monthly meeting was reviewed and Ms. Leonhard reported that
the attendees are very appreciative but attendance has been low.
5. Website-project status and timeline was reported and the Agreement with the City has
been fully executed and Ms. Leonhard has begun working on the technical shifts to
begin the project.
6. Business Beautification Award: Ms. Leonhard reported that a celebration ceremony
and event is planned for Tuesday, August 30 from 5:30-7:30 at the Five Crowns and
suggested the Board attend. Event will include other awards, networking, legislative
offices in attendance. Five Crowns is celebration their 50th Anniversary as well as
receiving the BID Award.
J. Corona del Mar Chamber of Commerce Report
1. Good Morning CdM-Council Candidate Forum will take place on Thursday, September
8th from 7:30-9:00 at the BCYC.
2. Holiday Flag Program is looking for volunteers and offers community services.
3. Christmas Walk updates & planning were discussed.
V. BOARD/COMMITTEE/COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-
DISCUSSION ITEM)
Director Svalstad talked about the City discussions involving the elimination or reduction of the
business license fees which under the BID’s current structure would not suffice the BID’s
existence.
Director Walker requested the trash can located on Carnation be moved back to Coast Highway
due to trash problems caused by Golden Spoon customers.
VI. ADJOURNMENT
Meeting Adjourned: 9:20am. Motion to adjourn was made by Director Walker
and seconded by Director Laidlaw.
Next meeting scheduled for Sept 29, 2016
5
Aug 31, 16
ASSETS
Current Assets
Checking/Savings
Bill.com Money Out Clearing 30.00
Bank Balance 118,237.77
Total Checking/Savings 118,267.77
Accounts Receivable
1200 · Accounts Receivable -558.89
Total Accounts Receivable -558.89
Total Current Assets 117,708.88
TOTAL ASSETS 117,708.88
LIABILITIES & EQUITY
Equity
3900 · Retained Earnings 85,599.56
Net Income 32,109.32
Total Equity 117,708.88
TOTAL LIABILITIES & EQUITY 117,708.88
2:07 PM Corona del Mar Business Improvement District
09/08/16 Balance Sheet
Cash Basis As of August 31, 2016
Management use only. Not prepared according to GAAP.Page 1
2:14 PM
09/08/16
Cash Basis
Corona del Mar Business Improvement District
Budget vs. Actual
July 2016 through June 2017
Jul '16 - Jun 17 Budget $ Over Budget
Ordinary Income/Expense
Income
City Matching Funds 40,000.00 40,000.00 0.00
Late Fees 127.50 0.00 127.50
Member Assessment 895.75 107,000.00 -106,104.25
Total Income 41,023.25 147,000.00 -105,976.75
Expense
Highway Decor - Dekralite
Contigency 0.00 3,000.00 -3,000.00
Holiday Decor (Contract)0.00 21,000.00 -21,000.00
Banner Program (Lite Pole)0.00 5,178.00 -5,178.00
Total Highway Decor - Dekralite 0.00 29,178.00 -29,178.00
Website - Development
Contingency 0.00 1,000.00 -1,000.00
Website - Dev. & Project Mgmt.0.00 9,100.00 -9,100.00
Total Website - Development 0.00 10,100.00 -10,100.00
Marketing & Administration
Website - Maintenance 0.00 7,200.00 -7,200.00
Contingency 0.00 5,000.00 -5,000.00
Consulting (Reporting)2,907.69 23,000.00 -20,092.31
Website - Hosting/Tech Support 450.00 1,500.00 -1,050.00
Membership decals 0.00 1,200.00 -1,200.00
Annual Meeting 0.00 1,000.00 -1,000.00
Social Media/Communications 115.00 1,200.00 -1,085.00
Office Facilities/Storage/Phone 900.00 3,500.00 -2,600.00
Beautification Award Program 112.50 1,000.00 -887.50
Dolphins 42.50 1,000.00 -957.50
Christmas Walk 0.00 4,000.00 -4,000.00
Directory 0.00 7,500.00 -7,500.00
Collateral/Brochures 1,131.60 1,600.00 -468.40
Marketing Campaigns & Programs 256.25 15,000.00 -14,743.75
Total Marketing & Administration 5,915.54 73,700.00 -67,784.46
Streetscape
Street Furniture (Benches)0.00 5,000.00 -5,000.00
Street Furniture (Maintenance)0.00 1,000.00 -1,000.00
Total Streetscape 0.00 6,000.00 -6,000.00
Landscaping
Landscaping Contingency 0.00 6,000.00 -6,000.00
Landscaping/Tree Wells - Pinn.2,824.00 12,480.00 -9,656.00
Page 1 of 2 Management use only. Not prepared according to GAAP.
2:14 PM
09/08/16
Cash Basis
Corona del Mar Business Improvement District
Budget vs. Actual
July 2016 through June 2017
Jul '16 - Jun 17 Budget $ Over Budget
Backflow Valve 0.00 2,000.00 -2,000.00
Total Landscaping 2,824.00 20,480.00 -17,656.00
6100 · Administration
Account. & Fin. Reporting Svcs.0.00 15,600.00 -15,600.00
Mailings 0.00 1,400.00 -1,400.00
Total 6100 · Administration 0.00 17,000.00 -17,000.00
Improvements
News Racks 0.00 20,000.00 -20,000.00
Gateway Electrical Maintenance 0.00 1,000.00 -1,000.00
Consulting / Studies 0.00 2,800.00 -2,800.00
Parking 0.00 3,000.00 -3,000.00
Marguerite Project (Landscape)0.00 22,000.00 -22,000.00
Total Improvements 0.00 48,800.00 -48,800.00
Outreach
Community Workshops 174.39 842.00 -667.61
Contributions (Sherman Gardens)0.00 500.00 -500.00
Total Outreach 174.39 1,342.00 -1,167.61
Total Expense 8,913.93 206,600.00 -197,686.07
Net Ordinary Income 32,109.32 -59,600.00 91,709.32
Other Sources/Uses
Other Sources
Retained Earnings (Carryover from Prior Years) 85,599.56 64,000.00 21,599.56
Total Other Sources 85,599.56 64,000.00 21,599.56
Net Other Sources/Uses 85,599.56 64,000.00 21,599.56
Total Equity 117,708.88 4,400.00 113,308.88
Page 2 of 2 Management use only. Not prepared according to GAAP.
Date Source Name Memo Account Paid Amount
Corona Del Mar Chamber
07/01/2016 Corona Del Mar Chamber Contract for Professional Marketing & Administrative ...Office Facilities/Storage/Phone 300.00
07/01/2016 Corona Del Mar Chamber Contract for Professional Marketing & Administrative ...Website - Hosting/Tech Support 150.0007/01/2016 Corona Del Mar Chamber Contract for Professional Marketing & Administrative ...Consulting (Reporting)876.44
07/01/2016 Corona Del Mar Chamber Contract for Professional Marketing & Administrative ...Community Workshops 174.39
07/01/2016 Corona Del Mar Chamber Contract for Professional Marketing & Administrative ...Marketing Campaigns & Progr...131.25
08/03/2016 Corona Del Mar Chamber CDM BID Tri-Fold Brochures (Qty. 1000)Collateral/Brochures 1,131.60
08/03/2016 Corona Del Mar Chamber Contract for Professional Marketing & Administrative ...Office Facilities/Storage/Phone 300.00
08/03/2016 Corona Del Mar Chamber Contract for Professional Marketing & Administrative ...Website - Hosting/Tech Support 150.00
08/03/2016 Corona Del Mar Chamber Contract for Professional Marketing & Administrative ...Consulting (Reporting)1,181.25
08/03/2016 Corona Del Mar Chamber Contract for Professional Marketing & Administrative ...Beautification Award Program 112.50
08/03/2016 Corona Del Mar Chamber Contract for Professional Marketing & Administrative ...Marketing Campaigns & Progr...125.00
08/03/2016 Corona Del Mar Chamber Contract for Professional Marketing & Administrative ...Social Media/Communications 93.75
08/31/2016 Corona Del Mar Chamber Contract for Professional Marketing & Admin Service...Office Facilities/Storage/Phone 300.00
08/31/2016 Corona Del Mar Chamber Contract for Professional Marketing & Admin Service...Website - Hosting/Tech Support 150.00
08/31/2016 Corona Del Mar Chamber Contract for Professional Marketing & Admin Service...Consulting (Reporting)850.00
08/31/2016 Corona Del Mar Chamber Contract for Professional Marketing & Admin Service...Social Media/Communications 21.25
08/31/2016 Corona Del Mar Chamber Contract for Professional Marketing & Admin Service...Dolphins 42.50
Total Corona Del Mar Chamber 6,089.93
Pinnacle
08/04/2016 Pinnacle Installation of Fill-In Plant Materials Per 3/22/16 Walk...Landscaping/Tree Wells - Pinn.744.00
08/17/2016 Pinnacle Monthly Maintenance Service (July 2016)Landscaping/Tree Wells - Pinn.1,040.00
08/17/2016 Pinnacle Monthly Maintenance Service (June 2016)Landscaping/Tree Wells - Pinn.1,040.00
Total Pinnacle 2,824.00
TOTAL 8,913.93
2:11 PM Corona del Mar Business Improvement District
09/08/16 Expenses by Vendor Detail
Cash Basis July through August 2016
Page 1
Type Num Date Name Item Account Paid Amount Original Amount
Bill Pmt -Check Bill.c...08/03/2016 Corona Del Mar C...Bill.com Money O...-1,962.50
Bill 16858 07/01/2016 Office Facilities/St...-300.00 300.00
Website - Hosting/...-150.00 150.00
Consulting (Reporti...-1,181.25 1,181.25
Beautification Awa...-112.50 112.50
Marketing Campai...-125.00 125.00
Social Media/Com...-93.75 93.75
TOTAL -1,962.50 1,962.50
Bill Pmt -Check Bill.c...08/03/2016 Corona Del Mar C...Bill.com Money O...-1,131.60
Bill 16868 08/01/2016 Collateral/Brochures -1,131.60 1,131.60
TOTAL -1,131.60 1,131.60
Bill Pmt -Check Bill.c...08/04/2016 Pinnacle Bill.com Money O...-744.00
Bill 37907 08/02/2016 Landscaping/Tree ...-744.00 744.00
TOTAL -744.00 744.00
Bill Pmt -Check Bill.c...08/17/2016 Pinnacle Bill.com Money O...-1,040.00
Bill 37278 08/15/2016 Landscaping/Tree ...-1,040.00 1,040.00
TOTAL -1,040.00 1,040.00
Bill Pmt -Check Bill.c...08/17/2016 Pinnacle Bill.com Money O...-1,040.00
Bill 37653 08/15/2016 Landscaping/Tree ...-1,040.00 1,040.00
TOTAL -1,040.00 1,040.00
Bill Pmt -Check Bill.c...08/31/2016 Corona Del Mar C...Bill.com Money O...-1,363.75
Bill 16859 08/30/2016 Office Facilities/St...-300.00 300.00
Website - Hosting/...-150.00 150.00
Consulting (Reporti...-850.00 850.00
Social Media/Com...-21.25 21.25
Dolphins -42.50 42.50
TOTAL -1,363.75 1,363.75
2:26 PM Corona del Mar Business Improvement District
09/08/16 Check Detail
August 2016
Management use only. Not prepared according to GAAP.Page 1
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
Chapter 5.70
NEWSPAPER RACKS AND STANDS*
Sections:
5.70.010 Intent and Purpose.
5.70.015 Definitions.
5.70.020 Freestanding Newsrack Permits.
5.70.025 Requirements and Duties.
5.70.030 Special Requirements for Newsracks Along Marine Avenue on Balboa
Island.
5.70.032 Designation of a Fixed Pedestal Zone in Corona del Mar.
5.70.035 Display of Certain Matter Prohibited.
5.70.040 Display of Harmful Matter.
5.70.045 Costs.
5.70.050 Removal of Freestanding Newsracks.
5.70.055 Appeals and Calls for Review.
5.70.060 Severability; Supplemental Provisions.
5.70.010 Intent and Purpose.
The City Council of the City of Newport Beach hereby finds that Freestanding Newsracks,
have proliferated and increased in certain areas of the City of Newport Beach to the
extent that in some instances they constitute a threat to public health, safety and welfare
by impeding pedestrian traffic and interfering with ingress and egress to and from
buildings, vehicles and public modes of transportation.
The City of Newport Beach finds Marine Avenue, on Balboa Island, to be an extremely
popular tourist destination with unusually high pedestrian and vehicular traffic volumes in
the summer months and holidays. There is a proliferation of Freestanding Newsracks
along Marine Avenue on Balboa Island resulting in undue interference with pedestrian
and traffic circulation and increased safety hazard. Due to unique problems along Marine
Avenue on Balboa Island, it is necessary to specifically limit the number of locations and
spaces for Freestanding Newsracks.
The City of Newport Beach further finds that Corona del Mar is an extremely popular
destination with unusually high pedestrian and vehicular traffic volumes, year round.
There is a proliferation of Freestanding Newsracks in Corona del Mar which has caused
congestion of public sidewalks, impeded the flow of pedestrian traffic, interfered with the
use of Public Rights-of-Way, presented hazards to persons and property, and contributed
to the litter problems of public sidewalks and streets. In addition, the City of Newport
Beach finds that the proliferation of Freestanding Newsracks has resulted in visual blight,
based on the large number and varying design of the Freestanding Newsracks, the poor
maintenance of Freestanding Newsracks and the virtually unrestricted placement of
Freestanding Newsracks on the Public Right-of-Way in Corona del Mar. To promote the
public health, safety and welfare and the aesthetic qualities of Corona del Mar, it is
necessary to eliminate Freestanding Newsracks and utilize Fixed Pedestal Units.
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
The purpose of this chapter is to promote the public health, safety, and welfare through
the regulation of placement, appearance, number, size, and servicing of Freestanding
Newsracks on the Public Right-of-Way so as to:
A. Provide for pedestrian and driving safety and convenience;
B. Insure no unreasonable interference with the flow of pedestrian or vehicular traffic
including ingress into, or egress from, any residence or place of business, or from the
street to the sidewalk, by persons exiting or entering parked or standing vehicles;
C. Provide reasonable access for the use and maintenance of sidewalks, poles, posts,
traffic signs or signals, hydrants, mailboxes, and access to locations used for public
transportation services;
D. Reduce visual blight on the Public Right-of-Way, and protect the aesthetics of store
window displays, public landscaping and other improvements;
E. Maintain and protect the value of surrounding properties;
F. Reduce exposure to the City related to personal injury or property damage claims;
and
G. Protect the right to distribute and disseminate Publications as protected by the
State and Federal constitution.
It is not the intent of this chapter to in any way discriminate against, regulate, or interfere
with the printing, circulation, distribution, or dissemination of any Publication.
5.70.015 Definitions.
A. “Corona del Mar” means the Public Right-of-Way within fifty feet (50’) of both sides
of East Coast Highway from Avocado Avenue to Poppy Avenue.
B. “Director” means the Director of the Department of Public Works or his or her
designee.
C. “Fixed Pedestal Unit” means an assembly which is of a type, design or model
approved by the Director and which contains one (1) or more self-service or
coin-operated boxes, containers, storage units or other dispensers installed, used or
maintained for the display, vending, sale or distribution, with or without charge, of any
Publication, and which is attached to the Public Right-of-Way in accordance with the
provisions of this chapter and provided and maintained by the City.
D. “Fixed Pedestal Zone” means any area designated in this chapter as a Fixed
Pedestal Zone where the distribution of Publications is restricted to Fixed Pedestal Units
installed in a style and manner approved by the Director.
E. “Freestanding Newsrack” means any self-service or coin-operated, freestanding
box, stand, container, storage unit or other similar newspaper or vending dispenser or
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
device placed, installed, used or maintained on any Public Right-of-Way for the display,
vending, sale or distribution, with or without charge, of any Publication, and which is not a
Fixed Pedestal Unit authorized under this chapter.
F. “Historically Present Publication” means a Publication that, according to the survey
completed prior to Initial Implementation of a Fixed Pedestal Zone, was identified as
being located in the Fixed Pedestal Zone, and was distributed from at least one (1)
Freestanding Newsrack situated in the Fixed Pedestal Zone.
G. “Initial Implementation” means the transition period from Freestanding Newsracks
to Fixed Pedestal Units and shall include the selection of locations for initial Fixed
Pedestal Units in the Fixed Pedestal Zone; the allocation of Newsrack Box space within
those Fixed Pedestal Units to persons or entities that have had Historically Present
Publications and, if possible, to other interested persons or entities; the installation of the
Fixed Pedestal Units, and the removal of all Freestanding Newsracks from the Fixed
Pedestal Zone.
H. “Newsrack Box” means the individual space within a Fixed Pedestal Unit that
dispenses one (1) or more Publications, including the door, coin return mechanism and
associated hardware which is maintained by the permit holder.
I. “Public Right-of-Way” means any public property, such as public streets,
highways, roadways, sidewalks, parkways or alleys, used or intended for use, by the
travelling public, whether vehicular or pedestrian, located within the City of Newport
Beach.
J. “Publication” means any newspapers, periodicals, publication or other printed
material.
5.70.20 Freestanding Newsrack Permits.
A. A Freestanding Newsrack permit issued in accordance with this chapter shall be
required prior to the installation, placement or maintenance of any Freestanding
Newsrack which in whole or in part rests upon, in or over any Public Right-of-Way. No
Freestanding Newsrack Permit shall be issued for any Freestanding Newsrack proposed
to be located in a Fixed Pedestal Zone. Unless located in a Fixed Pedestal Zone, a new
Freestanding Newsrack permit shall not be required for any Freestanding Newsrack that
complies with the provisions of this chapter and has a valid permit in effect on the
adoption date of the ordinance codified in this chapter.
B. A written application for a Freestanding Newsrack permit shall be filed with the
Director, and shall contain the following information:
1. The name, address, and telephone number of the applicant and owner of the
Freestanding Newsrack.
2. The name, address, and telephone number of a representative or other
responsible person whom the City may notify or contact at any time concerning the
applicant’s Freestanding Newsrack.
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
3. The number of Freestanding Newsracks at the street address of the proposed
location of each as shown on a scaled drawing of the proposed location.
4. A diagram of the location proposed for the installation of the Freestanding
Newsrack(s).
5. Names of the Publications to be contained in each Freestanding Newsrack.
6. Type or brand of Freestanding Newsrack, including description of the
Freestanding Newsrack and mount, if other than K-Jack Style Mount Model 100.
C. Each application for a Freestanding Newsrack permit shall be accompanied by an
application fee as established by resolution of the City Council.
D. Upon a finding the applicant is in compliance with the provisions of this chapter, the
Director may issue a Freestanding Newsrack permit at a location approved by the Traffic
Engineer. If a permit is denied, the applicant shall be notified in writing of the specific
cause of such denial by the Director and the right to appeal in accordance with Section
5.70.055 of this chapter.
E. An application for a Freestanding Newsrack permit shall be approved, or
conditionally approved, unless:
1. The Freestanding Newsrack is located in a Fixed Pedestal Zone.
2. The proposed Freestanding Newsrack projects onto, into or over any part of the
roadway or public street, or which rests, wholly or in part, upon, along or over any
portion of the roadway or public street;
3. The proposed Freestanding Newsrack is to be installed in whole or in part, in or
over any sidewalk or parkway; and
a. The Freestanding Newsrack, in its proposed location, would endanger the
safety of persons or property; or
b. The proposed location is used for public utility purposes, public
transportation purposes or other public use; or
c. The proposed Freestanding Newsrack would unreasonably interfere with or
impede the flow of pedestrian or vehicular traffic, the ingress into or egress from
any residence, place of business, or any legally parked or stopped vehicle, or the
use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects
present at or near said location; or
d. The proposed Freestanding Newsrack would interfere with the cleaning of
any sidewalk by the use of mechanical sidewalk cleaning machinery.
F. In addition to the provisions of this chapter, the Director is authorized to place any
necessary conditions which promote the public health, safety and welfare on the approval
of a Freestanding Newsrack permit.
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
5.70.025 Requirements and Duties.
A. Any Freestanding Newsrack which, in whole or in part, rests upon, in or over any
sidewalk, shall substantially comply with the following:
1. Freestanding Newsracks located near a curb shall be placed not less than
eighteen (18) inches nor more than twenty-four (24) inches from the edge of the curb.
Freestanding Newsracks placed adjacent to the rear of the sidewalk shall be placed
parallel to the wall and at least six (6) inches from the wall.
2. Freestanding Newsracks shall not be chained, bolted or otherwise attached to
any private property without the consent of the property owner.
3. Freestanding Newsracks may be attached to one another. Each group of
attached Freestanding Newsracks shall be separated by eighteen (18) inches or
more. The Traffic Engineer shall determine the number of Freestanding Newsracks
that can be bolted, attached or grouped on a location by location basis.
4. Freestanding Newsracks shall not be placed, installed, used or maintained:
a. Within fifteen (15) feet of any marked crosswalk;
b. Within twenty (20) feet of the curb return of any unmarked crosswalk;
c. Within ten (10) feet of any fire hydrant, fire call box, police call box or other
emergency facility;
d. Within (10) ten feet of any driveway;
e. Within ten (10) feet ahead, and forty (40) feet to the rear of any sign marking
a designated bus stop;
f. Within ten (10) feet of any bus bench;
g. At any location whereby the clear space for the passageway of pedestrians
is reduced to less than four (4) feet;
h. Within one hundred (100) feet of another Freestanding Newsrack or Fixed
Pedestal Unit containing the same Publication except where separated by a street
or corner, or except where a person or entity demonstrates that: there is
insufficient room in one (1) machine for the Publication which may be sold in one
(1) day, or it publishes more than one (1) edition of the Publication for sale or
distribution at the same time;
i. Facing another Freestanding Newsrack, divided only by the width of a public
sidewalk or public pedestrian wall.
B. The name, address, and telephone number of a responsible person who may be
contacted at any time concerning the Freestanding Newsrack shall be displayed on the
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
hood of a Freestanding Newsrack in such manner as to be readily visible to and readable
by a prospective customer.
C. Freestanding Newsracks shall carry no advertising except:
1. The name of the person, entity or Publication being dispensed on the bottom
one-third (1/3) of the plastic hood; and
2. Advertising rack cards contained in card pans which are attached to and located
on the front of the Freestanding Newsrack and do not exceed fifteen (15) inches in
height and twenty-two (22) inches in length. The rack cards shall be limited to the
display, sale or purchase of the Publication being dispensed.
D. Freestanding Newsracks shall be kept clean and maintained in good working order
at all times, freshly painted and with unbroken hoods.
E. Frames and racks for Freestanding Newsracks shall be K-Jack Style Mounts
Model 100 or approved equal with a height not to exceed forty (40) inches. Mounts shall
be bolted in place in accordance with specifications provided by the City.
F. Freestanding Newsracks shall have woodgrain panels or be painted brown on all
sides and the mount shall be painted gloss black.
G. No person, association, firm or corporation shall place, locate or maintain a
Freestanding Newsrack on the Public Right-of-Way unless there is on file with the
Director, in full force and effect at all times, a document issued by an insurance company
authorized to do business in the State of California evidencing that the permittee or owner
is insured under a liability insurance policy providing minimum coverage of five hundred
thousand dollars ($500,000.00) for injury or death to persons arising out of the location,
placement or operation of the Freestanding Newsrack on the Public Right-of-Way.
H. Every permittee of a Freestanding Newsrack located upon the Public Right-of-Way
must comply with the provision of Newport Beach Municipal Code, Business Licenses
and Regulations, Section 5.04.020.
5.70.030 Special Requirements for Newsracks Along Marine Avenue on Balboa
Island.
In addition to all other applicable provisions of this chapter, the following rules shall apply
to Freestanding Newsracks along Marine Avenue on Balboa Island;
A. Freestanding Newsracks shall be permitted at only four locations: 201 Marine
Avenue (Location One); 206 Marine Avenue (Location Two); 300 Marine Avenue
(Location Three); and northern twenty-five (25) percent of 301 Marine Avenue and 305
Marine Avenue (Location Four).
B. Each location shall accommodate up to a maximum of eight (8) Freestanding
Newsrack spaces. The eight (8) Freestanding Newsrack spaces shall be divided into two
(2) groups with a maximum of four (4) Freestanding Newsrack spaces in each group.
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
Each group shall be separated by forty-eight (48) inches or more. Freestanding Newsrack
space is defined as that surface area in the Public Right-of-Way sufficient to
accommodate a Freestanding Newsrack.
C. Priority shall be given to existing vendors of Publications at these locations and any
new space that becomes available shall be allocated on a first-come, first-served basis to
any new vendors.
5.70.032 Designation of a Fixed Pedestal Zone in Corona del Mar.
The proliferation of Freestanding Newsracks in Corona del Mar, and the particularly poor
maintenance or abandonment of Freestanding Newsracks, have contributed to the
congestion of public sidewalks, impeded the flow of pedestrian traffic, interfered with the
use of Public Rights-of-Way, presented hazards to persons and property, contributed to
the litter problems of public sidewalks, and resulted in visual blight. Therefore, Corona del
Mar shall be designated as a Fixed Pedestal Zone and the following rules shall apply in
said zone:
A. The Director is hereby authorized to select and enter into an agreement to provide
for the installation and maintenance of Fixed Pedestal Units in accordance with this
section. The Director, in consultation with the City’s Traffic Engineer, is further
authorized and directed to promptly promulgate guidelines consistent with the provisions
of this section controlling the selection of locations for, as well as the placement, size,
construction, design, methods of attachment, appearance, and maintenance and repair
of Fixed Pedestal Units and Newsrack Boxes to be contained therein in Corona del Mar.
B. The locations of Fixed Pedestal Units in Corona del Mar shall be selected by the
Director so that, to the extent reasonably possible, (i) Historically Present Publications in
Corona del Mar may receive space in Fixed Pedestal Units located close to their former
Freestanding Newsracks; and, (ii) the number of Newsrack Boxes at each Fixed Pedestal
Unit location is equal to or greater than the number of Freestanding Newsracks
containing Historically Present Publications at each such location.
C. Except where this section or the Director’s guidelines expressly provide otherwise,
no person may place any Publication in any Newsrack Box in a Fixed Pedestal Unit
without having first obtained from the Director a Fixed Pedestal Permit authorizing
placement of the Publication in that Newsrack Box.
1. Each person or entity seeking access to a Newsrack Box shall apply to the
City, on forms provided by the Director, for a Fixed Pedestal Permit for each Newsrack
Box in each Fixed Pedestal Unit to which the person or entity seeks space.
2. A written application for a Fixed Pedestal Permit shall be filed with the
Director and shall contain the following information, as well as any other information
deemed reasonably necessary by the Director:
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
a. The name, address, and telephone number of the applicant and
owner of the Publication seeking a Newsrack Box.
b. The name, address, and telephone number of a representative or
other responsible person whom the City may notify or contact at any time concerning
the space granted the applicant in a Newsrack Box.
c. A diagram of the installation of the person or entities equipment in the
Newsrack Box.
d. Name of the Publication to be contained in the Newsrack Box.
3. Each application for a Fixed Pedestal Permit shall be accompanied by an
application fee as established by resolution of the City Council. No Fixed Pedestal
Permit fee shall be charged to a Historically Present Publication during the Initial
Implementation and the City shall pay the direct cost associated with the initial installation
of any Historically Present Publication including, the door, coin return mechanism and
associated hardware, in the Newsrack Box.
4. Upon a finding the applicant is in compliance with the provisions of this
chapter, the Director shall issue a Fixed Pedestal permit for use of the space in the
designated Newsrack Box. If a Fixed Pedestal permit is denied, the applicant shall be
notified in writing of the specific cause of such denial by the Director and the right to
appeal in accordance with Section 5.70.055 of this chapter.
5. Approval. An application for a Fixed Pedestal Permit shall be approved
unless:
a. The application is incomplete.
b. There is no available space Newsrack Box in the Fixed Pedestal
Unit.
6. An applicant shall be responsible for the payment of all fees due or imposed
under this section with respect to that permit holder's Newsrack Box. Once a Fixed
Pedestal permit has been granted pursuant to this section and the requirements of the
guidelines, and if the Fixed Pedestal permit has not subsequently been revoked, the
Fixed Pedestal permit holder shall not be required to renew or reapply for another Fixed
Pedestal permit for the same Newsrack Box.
D. Each person or entity granted a Fixed Pedestal permit shall comply with the
following:
1. The name, address, and telephone number of a responsible person who
may be contacted at any time concerning the Newsrack Box shall be displayed on the
face of the Newsrack Box in such manner as to be readily visible to and readable by a
prospective customer.
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
2. A Newsrack Box shall carry no advertising except the name of the person,
entity or Publication being dispensed on the bottom one-third (1/3) of the face of the
Newsrack Box.
3. The Newsrack Box shall be kept clean and maintained in good working
order at all times.
4. Each person or entity granted a Fixed Pedestal Permit shall maintain on file
with the Director, in full force and effect at all times, a document issued by an insurance
company authorized to do business in the State of California evidencing that the
permittee is insured under a liability insurance policy providing minimum coverage of five
hundred thousand dollars ($500,000.00) related to the exercise of permittee’s rights
under the Fixed Pedestal Permit including, but not limited to, the injury or death to any
person related to the operation of the Newsrack Box.
5. Every permittee of a Freestanding Newsrack located upon the Public
Right-of-Way must comply with the provision of Newport Beach Municipal Code,
Business Licenses and Regulations, Section 5.04.020.
E. If Newsrack Boxes in a Fixed Pedestal Unit located at a particular location have
been abandoned or have otherwise become available for reallocation, and the Director
has made reasonable efforts to reallocate such Newsrack Boxes, the Director may
consolidate the Fixed Pedestal Units, modify the size of the Fixed Pedestal Unit to reduce
the number of Newsrack Boxes it contains, and reallocate Newsrack Box space among
existing permit holders. If the City reallocates Newsrack Box space as provide in this
section, the City shall pay the direct costs to convert the newly assigned Newsrack Box
space to the same level as the permit holders’ existing Newsrack Box space.
F. Except as otherwise provided for in this chapter, no Publication that has obtained a
Newsrack Box in a Fixed Pedestal Unit may receive a second space in that Fixed
Pedestal Unit, until all other Publications that have applied for space in that Fixed
Pedestal Unit have had the opportunity to select a space.
G. During Initial Implementation, space in each Fixed Pedestal Unit in that zone shall
be allocated as follows:
1. To Publications that have applied for space in such a Fixed Pedestal Unit
based on the following priorities:
a. First priority shall be given to Historically Present Publications in the
Fixed Pedestal Zone based on their distance from the historical location of the
Freestanding Newsrack and the Fixed Pedestal Unit.
b. Second priority shall be given to all other Publications that have
applied for space in the Fixed Pedestal Unit.
H. The Director is instructed to promptly move forward with the Initial Implementation
by establishing dates by which all Fixed Pedestal Units in the zone shall be in compliance
with the requirements of this subsection, and by which all Freestanding Newsracks shall
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
be removed from the Fixed Pedestal Zone. The deadlines for compliance with this
section shall be prominently posted at the location of each Freestanding Newsrack in the
Fixed pedestal Zone, and notice, along with a copy of the guidelines, shall be mailed to
each Historically Present Publication in the Fixed Pedestal Zone, to the extent the
Director can determine the identity of the Publication, not less than thirty (30) days prior to
the date for Initial Implementation specified in the Director’s guidelines. Each Historically
Present Publication shall, within thirty (30) days of receiving said notice, inform the
Director of the cost of removing the Freestanding Newsrack. The City shall pay the
direct cost associated with removing the Freestanding Newsrack if the Freestanding
Newsrack is removed within ninety (90) days after the effective date of this ordinance.
Any Freestanding Newsrack not removed within ninety (90) days of the effective date of
this ordinance shall be subject to removal in accordance with Section 5.70.050.
I. Unless otherwise provided, any person who is aggrieved by any decision made
under this section may file a written request for review of the decision pursuant to section
5.70.055
J. No person shall place or maintain a Freestanding Newsrack in Corona del Mar
ninety (90) days after the effective date of this ordinance.
5.70.035 Display of Certain Matter Prohibited.
Any Publication offered for sale in a Freestanding Newsrack placed or maintained on a
Public Right-of-Way or Newsrack Box shall not be displayed or exhibited in a manner
which exposes to public view, from any public place, any of the following:
A. Any statement or word describing explicit sexual acts, sexual organs or excrement
where such statements or words have as their purpose or effect, sexual arousal,
gratification or affront; or
B. Any picture or illustration of genitals, pubic hair, perineums, anuses or anal regions
of any person where such picture or illustration has as its purpose of effect sexual
arousal, gratification or affront; or
C. Any picture or illustration depicting explicit sexual acts where such picture or
illustration has as its purpose or effect, sexual arousal, gratification or affront.
For the purpose of this section the term “explicit sexual acts” means the depiction of
sexual intercourse, oral copulation, anal intercourse, oral-anal copulations, bestiality,
sadism, masochism, or excretory functions in conjunction with sexual activity,
masturbation or lewd exhibition of the genitals, whether any of the above is depicted or
described as being performed alone or between members of the same or opposite sex, or
between humans and animals, or other act of sexual arousal involving any physical
contact with a person’s genitals, pubic region, pubic hair, perineum, anus or anal region.
5.70.040 Display of Harmful Matter.
A. Definitions. For the purposes of this section, the terms “harmful matter,” “matter,”
“person,” “distribute,” “knowingly,” “exhibit,” and “minor” shall have the meanings
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
specified in the Penal Code of the State of California. For the purposes of this chapter, the
term “blinder rack” shall mean opaque material placed in front of, or inside, the newsrack
and which prevents exposure to public view.
B. Prohibition. No person shall knowingly exhibit, display, or cause to be exhibited or
displayed, harmful matter in any Freestanding Newsrack located on a
Public-Right-of-Way, or public place or Newsrack Box from which minors are not
excluded, unless blinder racks have been installed so that the lower two-thirds (2/3) of the
matter is not exposed to public view.
5.70.045 Costs.
Except as expressly provided in this chapter, the costs of installation, maintenance,
replacement, removal, and relocation of Freestanding Newsracks or Newsrack Boxes
shall be at the sole expense of the permittee or owner. Upon removal of any Freestanding
Newsrack or Newsrack Box, the permittee or owner shall, at his or her sole expense,
cause the Public Right-of-Way or Newsrack Box to be repaired to a condition in
conformity to the surrounding area. Upon failure of the permittee or owner to make such
repairs, the work may be done by the City and charged to the permittee or owner.
5.70.050 Removal of Freestanding Newsracks.
A. Commencing ninety (90) days after the effective date of the ordinance codified in
this chapter, any Freestanding Newsrack in violation of any provision of the ordinance
codified in this chapter will be deemed nonconforming.
B. In the event that the Director determines that a Freestanding Newsrack does not
comply with the provisions of this chapter, he or she shall provide written notice of such
determination to the permittee or owner. The notice shall specify the nature of the
violation, the location of the Freestanding Newsrack which is in violation, the intent of the
Director to remove the nonconforming Freestanding Newsrack in the event a hearing is
not requested, and the right of the permittee to request a hearing, before the Director,
within fifteen (15) days from the date of the notice. If the Freestanding Newsrack is one
which has not been authorized by the Director and ownership is not known, nor apparent
after inspection, a notice complying with this section shall be affixed to the Freestanding
Newsrack.
C. In the event that a hearing is held pursuant to this section, the Director shall render
a decision, in writing, within ten (10) days from the date of the hearing, and the decision
shall advise the permittee or owner of his or her right to appeal to the City Council,
pursuant to the provisions of Section 5.70.055. Notice of the decision shall be mailed to
the permittee or owner and shall be considered effective on the date mailed provided that
the notice is properly addressed and placed in the U.S. Mail with first-class postage
prepaid.
D. The Director may take possession of a Freestanding Newsrack and, upon the
expiration of thirty (30) days, dispose of the Freestanding Newsrack as required by law, if:
1. No hearing is requested by the permittee or owner within fifteen (15) days as
provided in Section 5.70.050(B); or
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
2. The appeal period specified in Section 5.70.055 has expired; or
3. In the event that an owner or permittee fails to remove the rack within ten (10)
days from the date of the decision of the City Council, that the Freestanding Newsrack
is not in compliance with the rules, regulations and standards established by this
chapter.
E. The Director shall inspect any Freestanding Newsrack reinstalled after removal
pursuant to this chapter. The permittee of the Freestanding Newsrack shall be charged a
fee for this reinspection as established by resolution of City Council.
F. In the event that any Freestanding Newsrack is abandoned, the Director may
remove it pursuant to the procedures set out in this section. For the purposes of this
section, the term “abandonment” shall mean no publication has been displayed in the
Freestanding Newsrack for a period of fifteen (15) consecutive days, no prior written
notice has been given by the permittee to the Director specifying the reason(s) for
nonuse, and the condition of the rack and related circumstances indicate it will not be
actively used within a reasonable period of time.
5.70.055 Appeals and Calls for Review.
The City Council shall have the power to hear and decide appeals based upon the
enforcement or interpretation of the provisions of this chapter. Any permittee or owner
who is aggrieved by any decision of the Director may appeal that decision by submitting a
written notice of appeal to the City Clerk within twenty-one (21) days of the date on which
notice of the decision was mailed. A member of the City Council, in their official capacity,
may call for review any action of the Director under this chapter for the purpose of bringing
the matter in front of the entire body for review. A call for review shall be filed with the City
Clerk, on a form provided by the City Clerk, within twenty-one (21) days of the date on
which the notice of the decision was mailed. The City Council may preside over the
hearing on appeal or may designate a hearing officer to take evidence and submit a
proposed decision together with findings, within fifteen (15) days from the date of the
hearing. The City Council shall preside over the hearing for a call for review. The City
Council shall, within thirty (30) days from the date of the hearing, render its decision on
the appeal or call for review, together with findings. The decision of the City Council shall
be final.
5.70.060 Severability; Supplemental Provisions.
If any provision of this chapter as herein enacted or hereafter amended, or the application
thereof to any person or circumstances, is held invalid, such invalidity shall not affect the
other provisions or applications of this chapter (or any section or portion of section hereof)
which can be given effect without the invalid provision or application, and to this end the
provisions of this chapter are, and are intended to be, severable.
The provisions of this chapter are intended to augment and be in addition to other
provisions of the Municipal Code. Whenever the provisions of this chapter impose a
greater restriction upon persons, premises, or practices than is imposed by other
provisions of this Municipal Code, the provisions of this chapter shall control.
The Newport Beach Municipal Code is current through Ordinance 2015-23, pa ed July 28, 2015.
If any sentence, clause or phrase of this chapter is, for any reason, held to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining provisions of this chapter. The City Council hereby declares that it would have
passed the ordinance codified in this chapter, and each sentence, clause, and phrase
thereof irrespective of the fact that any one (1) or more sentences, clauses or phrases be
declared unconstitutional or otherwise invalid.
Guidelines for the Fixed Pedestal Zone in Corona del Mar
1) All Fixed Pedestal Units (FPU) will be placed and installed per the City of Newport Beach
(City) Municipal Code Section 5.70.025 (A) as the standard, with the exception that one
FPU cannot be attached to another FPU or located within the same location or zone (see
item four below).
2) FPUs will be purchased by the Corona del Mar Business Improvement District (CdM BID).
All FPUs will be installed, repaired and maintained by a City approved contractor. All
costs associated with the purchase, installation, repair, and maintenance will be funded
by the Corona del Mar Business Improvement District.
3) All FPUs shall be either a “3-tower Modular Newsrack” constructed by City Newsracks
LLC, 12574 Promise Creek Lane, Suite 100, Fishers, IN 46038, or a City approved
equivalent. The color of the FPU shall be dark green.
4) One FPU may be located at each of the following locations or zones:
East Coast Highway at Acacia Avenue
East Coast Highway at Carnation Avenue
East Coast Highway at Goldenrod Avenue (north)
East Coast Highway at Goldenrod Avenue (south)
East Coast Highway at Iris Avenue
East Coast Highway at Orchid Avenue
East Coast Highway at Poinsettia Avenue
The FPU shall be installed on side streets wherever feasible. The exact location of
installation shall be predetermined and approved by the City.
5) ADD THE DATE FOR INITIAL IMPLEMENTATION per Section 5.70.032 (H).
PINNACLE LANDSCAPE MANAGEMENT, INC Date of Proposal:September 6, 2016
2200 South Fairview Street Proposal Submitted By:Richard
Santa Ana, CA 92704
714-581-4930 phone
714-581-4941 fax
Job Name:
Job Number:
Contact:Customer # *existing
Customer Name *new
Email
Address
Billing Instructions
Quantity Size Description Unit Price Extension
4 1 gal Mexican feather grass $9.00 $36.00
4 1 gal Mexican feather grass $9.00 $36.00
1 flat Blue finger ground cover $25.00 $25.00
1 flat Blue finger ground cover $25.00 $25.00
1 flat Blue finger ground cover $25.00 $25.00
1 flat Blue finger ground cover $25.00 $25.00
1 flat Blue finger ground cover $25.00 $25.00
2 flats Blue finger ground cover $25.00 $50.00
1 flat Blue finger ground cover $25.00 $25.00
4 1 gal Rosemary $9.00 $36.00
10 1 Gal Mexican feather grass $9.00 $90.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$398.00
WORK HAS BEEN 100% COMPLETED AND WE ARE SATISFIED WITH THE JOB; amounts will be paid in full without any offset.
COMPLETED & APPROVED BY:Buyer/Agent's Name
Print Name
Title
Date
Pinnacle Landscape Management Inc is hereby authorized to furnish all materials and labor required to complete the work stated for which
customer agrees to pay the amount mentioned above and in accordance with the terms and conditions of this contract between the customer
or it's agents and Pinnacle Landscape Management, Inc. PAYMENT IS DUE 30 DAYS AFTER RECEIPT OF INVOICE. A service charge may be
added to accounts past due at the rate of 1.5% per month, 18% per annum. Both parties of this contract agree to binding arbitration as a
method of settling any dispute resulting in the lack of payment. Should it be necessary for either party to file suit to enforce the provisions of
this contract, or breach hereof or if the matter is arbitrated, the party prevailing in such action shall be entitled to reasonable attorneys fees
and costs as part of any judgments rendered therein. The Customer may request additions, alterations, omissions or other modifications in the
above stated scope of work, such changes shall be valid only upon written Change Order, executed by both parties acknowledging said change
and the agreed upon price for performing the extra work. There is no warranty or guarantee on Annual Color.
NON-CONTRACT SALES ORDER
Fill in plant materials for tree wells
Pinnacle Landscape Management will furnish all labor and materials to complete the work described below:
Description and
Location of work
Area
2305 PCH
2333 PCH
2515 PCH
3049 PCH
3135 PCH
3333 PCH
3707 PCH
5 Crowns p-lot
3700/3636 PCH
3222 PCH
Proposal Total
Corona Del Mar tree wells
MOC 794
2610 PCH
PINNACLE LANDSCAPE NON CONTRACT EXTRA
2200 SOUTH FAIRVIEW STREET
SANTA ANA, CA
92704