HomeMy WebLinkAbout02/13/1989 - Regular MeetingCOUNCIL MEMBERS
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REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: February 13, 1989
Mayor Strauss and members of the City's
Sister City Committee welcomed
representatives from Okazaki, Japan, Sister
City to Newport Beach.
A. ROLL CALL.
MINUTES
B. Reading of Minutes of Meeting of
January 23, 1989, were waived, approved
as written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration, was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Strauss opened the public hearing
regarding proposed ORDINANCE NO. 89 -5,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADOPTING
AN AMENDMENT TO DISTRICTING MAPS
NO. 51 AND 52, RECLASSIFYING
PROPERTY KNOWN AS "UPPER BUCK
GULLY" FROM THE R -1 -B DISTRICT TO
THE 0 -S(P) DISTRICT (PLANNING
COMMISSION AMENDMENT NO. 6731,
was presented for second reading with
report from Planning Department.
Dave Dmohowski of The Irvine Company,
property owner for the subject
application, addressed the Council and
stated that they were in agreement with
the staff's recommendation and proposed
ordinance, and will work with staff
towards the ultimate dedication of the
property to an appropriate public agency
subsequent to the rezoning.
Hearing no one else wishing to address
the Council, the public hearing was
closed.
Motion was made to adopt Ordinance No.
89 -5, amending Districting Maps No. 51
and 52, reclassifying property known as
"Upper Buck Gully" from the R -1 -B
District to the 0 -S(P) District.
Ord 89 -5
Distr Mps
51/52 Upr
Buck Gully
Zoning (94)
PCA 673
2. Mayor Strauss opened the public hearing Variance
and City Council review of VARIANCE NO. 1148
1148, a request of HASEKO, INC., c/o Haseko, Inc.
Picker and Ruffing Architects, Newport (91)
Beach, approved by the Planning
Commission on January 5, 1989, to permit
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the construction of alterations and
additions to an existing building which
exceeds the basic 26 ft. height limit in
the 26/35 Foot Height Limitation
District. Said alterations include the
construction of a 9 -foot high screen
atop the existing 71 -foot high roof for
the purpose of screening mechanical
equipment. Also included is a request
for an exception to the Sign Code in
order to permit the installation of two
roof signs on the newly constructed
screening, and a modification to the
Zoning Code so as to permit the daytime
use of valet parking in addition to the
existing nighttime use of valet parking
and the use of an increased number of
tandem parking spaces for a portion of
the required parking. Property located
at 3127 West Coast Highway between
Newport Boulevard and Riverside Avenue,
in Mariners Mile; zoned SP -5.
Report from the Planning Department, was
presented.
The City Clerk advised that after the
agenda was printed, three letters were
received regarding the proposed variance
from Mr. and Mrs. Leo Roth, Newport
Heights Community Association and Dr.
Jan D. Vandersloot.
William D. Ficker, Architect
representing applicant, addressed the
Council and reviewed the request, noting
that it is their intention to refurbish
the subject building to a "first class"
structure with "first class" tenants.
They will also upgrade the landscaping
and marina. With regard to the
air - conditioning and electrical
machinery on top of the building, they
will screen as much of the equipment as
practical. He gave a slide presentation
depicting the building from various
areas of Cliff Drive Park, Ensign View
Park, and the vicinity of Santa Ana
Avenue and Cliff Drive. He displayed a
comparison of the existing and proposed
structure and stated the refurbished
building will be less "bulky" looking
than at present. He also discussed the
proposed landscaping surrounding the
building, the proposed bicycle trail and
sidewalk adjacent to the property and
the widening of the Arches bridge. With
respect to a pumpout station, he stated
that a pumpout facility will be
installed at the gas dock in the marina.
Volume 43 - Page 31
Variance
1148
Haseko, Inc.
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Mr. Ficker responded to Council inquiry
concerning the parapet around the
existing rooftop equipment and stated,
that if the air- conditioning and
electrical machinery was removed from
the roof, the cost would be between
$250,000 and $350,000 as air handling
units would be required on each floor,
which would also reduce the amount of
space available for rent, thereby
causing loss in revenue. If the .
equipment was relocated on the ground,
it would also be very expensive. He
stated that if all the equipment was
removed from the roof, the six foot
parapet wall will still remain around
the building.
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Dr. Jan Vandersloot, 2221 16th Street,
addressed the Council and referenced his
letter of February 12, 1989, wherein he
recommended that: 1) the parapet wall
and mechanical equipment be removed
from the roof of the building; and 2)
the Sign Code be upheld and the request
for two roof signs be denied. He felt,
however, that the request for
modification to the Zoning Code to allow
the use of daytime valet parking and the
use of increased number of tandem
parking spaces for a portion of the
required parking be allowed.
Dr. Vandersloot gave a slide
presentation indicating he felt the
ocean and Catalina views are impaired by
the parapet wall and the equipment
projecting above the wall. He stated
that if the parapet wall and equipment
are removed from the roof, there will be
a dramatic improvement of the view as
the ocean view over the building is
restored, and the equipment no longer
impacts the view of Catalina. He noted
that for the past 20 -plus years, the
equipment on top of the roof has
violated the original 1967 Planning
Commission conditions of approval, as
set forth in more detail in his letter.
In addition, the original conditions of
approval in 1967 specified that "all
signs on the premises shall comply with
the Sign Code and there shall be no
signs displayed above the roof of the
first story of the building." He
discussed the economics of removing the
equipment and loss of rental space as
referenced by Mr. Picker, and in
conclusion, stated that over the past
several years, there has been
progressive loss of water views from
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Variance
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CITY OF NEWPORT BEACH
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Cliff Drive Park, as Mariner's Mile has
been extensively redeveloped. The
present project gives the City a chance
to improve the view dramatically while
• still permitting some intensification of
use, as reflected in the request for
nonconforming parking arrangements and
marina.
Dr. Vandersloot submitted a petition
containing 34 signatures requesting the
removal of the rooftop equipment from
the Tokai Bank building and to uphold
the City's Sign Ordinance.
In response to Council inquiry, the City
Attorney advised that the building
currently exceeds the height limit that
was imposed after its construction. The
Municipal Code gives the Council the
power to impose as conditions of
approval to the variance, such
conditions as deemed necessary to insure
that all the purposes of the Zoning
Ordinance are protected and complied
with. He stated that those conditions
have to be "reasonable," and in this
particular instance, reasonably related
to the excess height. In terms of
• requiring relocation of equipment which
could cost between $250,000 and
$350,000, the power to require that
condition has to be measured as to
whether the City Council considers that
to be a reasonable condition to satisfy
the provisions of the Zoning Code.
With regard to the request for exception
to the Sign Ordinance, Bill Laycock,
Current Planning Manager, advised that
the Sign Code does provide roof signs to
be approved, subject to approval of an
exception permit. The exception permit
procedure has been used for other roof
signs throughout the City and is
something that can or cannot be approved
by the City Council.
With regard to removal of rooftop
equipment and alleged past violations;
the City Attorney stated that, in his
opinion, after 22 years of City
knowledge of the nature of the
violation, the City would have a very
difficult time convincing a superior
• court judge to require the property
owner to remove the mechanical equipment
from the roof or reduce it in height.
Volume 43 - Page 33
Variance
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Jim Clarkson, 237 Santa Ana Avenue,
addressed the Council and stated he is
in support of remodeling the Tokai Bank
building, but is opposed to 9 feet of
rooftop equipment, and suggested this
hearing be continued in order to review
alternative locations.
Gail Demmer, 2812 Cliff Drive, President
of Newport Heights Community
Association, addressed the Council and
referenced her letter of February 13,
1989. She stated it was their
recommendation to deny the variance or
to include the removal of all rooftop
equipment; and further, to deny the
request for an exception to the Sign
Code in order to remove signs from the
top floor. She stated they believe the
applicant's statements of support for
granting the variance to increase
height are invalid for the reasons as
enumerated in their letter. They also
felt that while the applicant should not
be penalized for prior mistakes, he
should also not benefit by prior
mistakes. However, they are supportive
of beautification, modifications and
changes that are inevitable for the
growth of Mariners Mile.
Nancy Chocek, 233 Santa Ana Avenue,
addressed the Council and stated she was
in favor of the proposed remodel, but
only to the extent as outlined by Dr.
Vandersloot, and recommended delay of
final decision before allowing the
applicant to exceed the height limit.
Hearing no others wishing to address the
Council, the public hearing was closed.
Discussion ensued, wherein Council
Member Hart stated that in all the years
she has been on the Council, she has
never heard any comments about the
equipment on the roof until this
variance was requested, and indicated
she did not feel it was "reasonable" to
request that the equipment be relocated
to another floor with the cost being so
high. She stated she also inquired as
to the density of the subject building
and what type of square footage would be
allowed if it is constructed in the
present, and was informed that the
building calculates at less than .4 x
buildable, and therefore, it could be a
larger structure.
Volume 43 - Page 34
Variance
1148
Haseko, Inc.
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In view of the foregoing, motion was Variance
made to sustain the decision of the 1148
Planning Commission, but deny exception Haseko, Inc.
to Sign Ordinance, which would place the
sign in the area of the first floor.
Council Member Watt directed a question
to Mr. Picker regarding the
air - conditioning equipment, and
therefore, the public hearing was
reopened.
Mr. Picker stated that if the electrical
and mechanical equipment was moved into
the top floor, he felt it would not be a
practical solution; however, he stated
anything can be done at any cost. He
also stated that structurally the floors
in the building are not reinforced to
handle this type of equipment as is the
rooftop.
Council Member Watt indicated she felt
that due to the development in Mariner's
Mile the past few years, the impact on
the residents in Newport Heights has
been substantial, and she felt that
granting any additional height would be
detrimental to the general welfare of
the residents in the area. She,
therefore, made a substitute motion to
deny the variance, not allow any
increase in height as requested, and
that the exception to the Sign Ordinance
for two roof signs be denied.
Council Member Cox expressed his reasons
for opposing the substitute motion,
indicating he felt the impact will be
much less than exists at present, and
therefore, he will support the original
motion made by Council Member Hart.
Council Member Sansone reported that in
driving on Cliff Drive and viewing
photographs taken in the Newport Heights
area, he noticed that the trees and
bushes are blocking more of the view
than the building itself.
Council Member Turner stated he would be
opposing the substitute motion, and
supporting Council Member Hart's motion;
however, he did have a concern regarding
the lowering of the sign, to which Mr.
Ficker stated that, if their request is
approved, it is their desire to hang the
sign on the railing which is on the
roof.
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Hearing no further comments, the hearing
was closed.
The substitute motion was voted on and
FAILED.
The motion on the floor was restated as
follows:
Approve Variance 1148 and the
modification for tandem spaces and
valet parking, as well as the
denial to the exception to the Sign
Code, accompanied by Findings 1
through 4 in Exhibit "A," and
findings 4 through 6 in Exhibit
nB "
In addition, the following finding
be added: Finding 8: Roof level
signage currently affixed to the
building tends to focus attention
on the visual obstructions
resulting from the existing parapet
and mechanical equipment, and
removal of roof or upper level
signage supports the conclusion
that the proposed revisions will
reduce the visual bulk of the
structure.
Further, the conditions of approval
are those specified in Exhibit "A,"
however, Condition No. 5 should be
amended to read as follows:
Condition 5: Notwithstanding the
provisions of Use Permit No. 1302,
all signs shall be installed at or
below the top of the first floor of
the building and all signs must
strictly conform to Title 20 of the
Newport Beach Municipal Code.
The motion, as restated above was voted
on and carried.
E. PUBLIC COMMENTS:
1. Ronald Rarick, 890 W. 15th Street,
representing Seacliffe Mobile Home
residents, addressed the Council and
submitted a prepared statement
summarizing the problems they have
encountered with the property owner of
the mobile home park. He stated that
last year they were without gas for
almost two months, and that on
February 1, a $60 per coach increase
went into effect. This raises the
Volume 43 - Page 36
Variance
1148
Haseko, Inc.
Seacliffe
Mobile Home
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average space rental to $535. They also
do not have use of the pool and Jacuzzi
six months out of the year. Be stated
it is their request the City Council
establish an impartial arbitration
committee to handle special situations
such as theirs.
It was indicated by Mayor Strauss that
the City Council is not in the position
to arbitrate this issue, inasmuch as it
is a matter between the property owner
and the tenant; however, he was
appreciative of the information being
brought to their attention, and he would
discuss it further with the City Manager
and City Attorney.
2. Patty Rowan, representing Laguna Beach Specia
Chamber of Commerce, addressed the Event
Council regarding a fund - raising project Permit
that has been held in the City of Laguna
Beach for the past 24 years. She stated
they have plans for a 30 -mile bicycle
ride this weekend through a portion of
the City of Newport Beach, but were
notified on February 3 that their
request was denied; and because they
were not aware of the denial until
that date, they proceeded with their
marketing plan and distributed 2,000
posters, 150,000 entry forms, and
published four quarter -page ads in the
Los Angeles Times. She also stated that
the City of Irvine has never denied them
participation through their City. She
added that as a result of the lateness
of the February 3 notification to
schedule the item for this agenda, she
is before the Council as a last
alternative.
The City Manager advised that both the
Licensing Division and Police Department
recommended denial of this event due to
the number of bicyclists involved,
problems experienced in the past as to
failure to comply with stop signs,
traffic signals, etc., however, if Ms.
Rowan would contact his office he
will review the request further.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on February 27, 1989:
(a) Proposed ORDINANCE NO. 89 -6, being, Ord 89 -6
Bus /License
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AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION
5.28.070 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
APPEALS FROM ACTION OF THE
CITY MANAGER ON ENTERTAINMENT
ESTABLISHMENTS. (Report from
Business License Supervisor)
(b) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 89 -6 requesting the
Traffic
Orange County Transportation
Signal /Inter
Commission to include TRAFFIC
SJoaquin H1
SIGNAL INTERCONNECT PROJECTS ON
& Jamboree
IRVINE AVENUE, SAN JOAQUIN HILLS
Res 89 -6
ROAD, AND JAMBOREE ROAD in the
(85)
Orange County Transportation Trust
Fund Program for Fiscal Year
1989/90. (Report from Public
Works /Traffic Engineering
Department)
3. CONTRACTS/AGREEMENTS:
(a) Removed from the Consent Calendar.
(b) Authorize the Mayor and City Clerk
to execute cooperative agreement
with the County of Orange for
LANDSCAPE PROJECT IN TRAFFIC MEDIAN
ON IRVINE AVENUE FROM UNIVERSITY TO
SANTA ISABELLA. (Report from
Parks, Beaches and Recreation
Director)
C/O Coop Ago
Lndscp /Medn
Irvine/
University -
Santa Isbla
C -2738
(38)
(c) Authorize,the City Manager to sign Drvwy Clsg
a letter of Agreement with Maurice btw PCH/
Turbow for closing of driveway from Snd W1 /Hghld
Pacific Coast Highway regarding & Fern St
SOUND WALL ADJACENT TO TRAILER PARK C -2739
BETWEEN HIGHLAND STREET AND FERN (38)
STREET. (Report from Public Works
Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Marine Department for reply, Marine Dpt
letter from Bruce A. Bevan, Jr., (51)
regarding alleged application for
enlargement of slip at One Collins
Island.
Volume 43 - Page 38
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(b) To Public Works Department for Balboa Pnsla
response, letter dated January 24, Seawl /Is Av
1989 from Dora Nell Hedrick to Adms St
regarding BALBOA PENINSULA C -2662
SEAWALL - ISLAND AVENUE TO ADAMS (38)
STREET (CONTRACT NO. 2662).
(c) To Planning Department for Planning
inclusion in the records, letter (68)
from Bruce M. Holloman expressing
denial regarding request from Kirby
and Patricia Galt of 120 Coral
Avenue, Balboa Island, who have
applied for a MODIFICATION OF THE
ZONING ORDINANCE.
(d) To Public Works for inclusion in PW
the records, petition signed by (74)
June Lee O'Connor protesting
funding "public improvements"
needed at the MCFADDEN SQUARE PLAZA
by SPECIAL ASSESSMENT imposed on
property owners; and letter from
Balboa Peninsula Point Association
expressing approval of the
establishment of the proposed
assessment district.
(e) To Public Works Department for PW
response, letter from Camilla (74)
Wallis regarding FURTHER GEOLOGIC
EVALUATION OF 2919 CLIFF DRIVE
AREA.
(f) To Planning Department /Code Planning
Enforcement, letter of thanks from (68)
Thomas L. Herron of 238 Cedar
Street, regarding ZONING CODE
VIOLATION.
(g) To Marine Department for response, Marine Dpt
suggestions from Richard Lawrence (51)
Ralls regarding program to cleanup,
the California waters by usittg
Newport Beach as an example.
(h) To Building Department for reply, Building
letter from Jerry Wills of Classic (26)
Roofing Company, regarding BUILDING
CODE requirement for roofing
inspections.
(i) To Public Works /Traffic Engineering PW, /Traffic
for reply, letter from Warren E. Engr
Clendening regarding BALBOA ISLAND (85)
PREFERENTIAL PARKING PROPOSAL.
Volume 43 - Page 39
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February 13, 1989
(j) To Traffic Affairs Committee for TAC
inclusion in the records, letter (85)
from Bill Bennett expressing
objection to placement of SPEED
HUMPS /BUMPS in his neighborhood of
226 Lugonia.
(k) To Planning Department for Planning
response, letter from Gene (68)
Birkeland regarding incident with
CITY VEHICLE #2705 on January 25,
1989, at 2:00 p.m., while driving
on 17th and Westcliff. (Attached)
(1) To Environmental Coordinator for
response, letter from Laura B.
Kellogg regarding LITTER of
bottles, as well as papers on the
beaches.
Environment-
al Quality
(24)
(m) To Parks, Beaches and Recreation PB &R
Commission for response, letter (62)
from Dan Rabun suggesting an
architectural change to the
recreation building at BONITA CREEK
PARK.
(n) To Traffic Affairs Committee for TAC
response, letter from Deborah E. (85)
Allen, Chairman of Corona Del Mar
Residents Association requesting
that the City ask CalTrans to study
the possibility of RELOCATING
TRAFFIC LIGHT AT POPPY STREET TO
ORCHID STREET.
(o) To Environmental Coordinator for Environment -
response, letters from Milton Klein, al Quality
Marueen Klein, Joyce W. Stokes, and (24)
Jim Jennings regarding the City's
position against THE VILLAGE INN.
ALLEGED NOISE DISTURBANCE
COMPLAINT.
(p) To City Attorney for inclusion in Misc Rqsts/
the records, letter from Ficker & Monorail Sy
Ruffing Architects concerning (52)
MONORAIL SYSTEM.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from Jim and Bettymae
Wharton to Parks, Beaches and
Recreation regarding VIEW
PRESERVATION suggestions by Harbor
View Hills Community Association.
Volume 43 - Page 40
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(b) Copy of letter from Richard D.
Gorris, DDS, regarding HUD GRANTS
FOR SENIOR CITIZENS' MEALS and
reply from Marilyn L. Ditty, South
County Senior Services.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
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(36)
(a) James W. Ailes for property Ailes
damage /personal injuries, alleging
stop sign hidden by tree caused
traffic accident at Ruby and Balboa
Avenues on November 11, 1988.
(b) Carolyn Alden for property damage, Alden
alleging contractor doing work for
City put holes in seawall to do
repairs and did not plug holes at
140 S. Bay Front in March, 1988,
thereby causing flooding to subject
property.
(c) Arthur C. DeMaria alleging damage DeMaria
to side of house due to Refuse
truck compressing trash and engine
oil sprayed two -story side of home
at 2520 First Avenue, Corona del
Mar, on January 19, 1989.
(d) Farmers Insurance Group for Dave
Walhood for property damage to
claimant's car and tires, allegedly
caused by cover left off of manhole
by Orange County Sanitation
District work crew at Michelson and
Carlson, City of Irvine, on
October 26, 1988.
(d) Barbara Freeman alleging trash
container taken with trash from
alley behind 519 Jasmine Avenue on
December 31, 1988, seeking
reimbursement.
(e) Vicky Gutierrez for June Gutierrez
alleging personal injuries as a
result of falling on bleacher steps
during Summer Parks, Beaches and
Recreation Swim Program at Newport
Harbor High School on August 3,
1988.
Volume 43 - Page 41
Farmers Ins
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February 13, 1989
(f) Charles W. Masters alleging damage
to property as a result of sewer
backup caused by tree roots at 2700
E. Coast Highway on December 8,
1988.
(g) Tino Pontrelli for reimbursement,
alleging damage to art frames/
paintings, while being hung in
Newport Center Library Community
Room on January 3, 1989.
(h) Rafael Ruiz -Tagle for personal
injuries sustained while swimming
in ocean at public beach between
Balboa Pier /Jetty on August 13,
1988, and as a result the injuries
rendered him a quadriplegic.
(1) Michael C. Sprague alleging
personal injuries as a result of
incident which took place at
Newport Harbor High School on
December 6, 1988, while tightening
tension on volleyball net.
(j) Sterling Motors seeking indemnity
from alleged slip and fall of William
Calhoun on public sidewalk on
Jamboree Road near Sterling Motors
on September 2, 1988.
(k) Gregory P. Sullivan's original
claim and amended claim alleging he
was terminated from his position as
law clerk from City Attorney's
office, City Hall, on January 9,
1989, without just cause or without
notice or hearing.
(1) Barry and Debra Zaslav for property
damage alleging raw sewage leaked
into furnace room and into yard at 432
Serra Drive, due to clogged main
City Sewer Line on December 30,
1988.
For rejection:
(m) LATE claim of Michael J. Schroeder
alleging items of personal property
unlawfully seized without justifi-
cation from his home at 2109 #A
Edinger, Santa Ana, on March 19,
1985, by Newport Beach Police
Department.
Volume 43 - Page 42
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7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Charles H. Walks for personal Walke
injuries and damages, Orange County
Superior Court, Case No. 579624.
Claim was denied by City Council on
November 28, 1988.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Groundsworker I, Parks, Beaches
and Recreation Department.
(b) Two Police Officers, Police
Department.
(c) One Computer Operator, Finance
Department.
(d) One Assistant Planner, Planning
Department.
(e) One Building Maintenance Worker II,
General Services Department.
(f) One Senior Equipment Operator,
General Services Department.
9. STAFF AND COMMISSION REPORTS - For
Council information and filing:
(a) Copy of letter to Ernest W.
Schroeder from Arts Commission
regarding "CHINA HOUSE" Roof Tiles,
Decorative Corbels and Roof Beacon.
10. PUBLIC HEARING SCHEDULING - March 13,
1989:
(a) Direct staff to use the procedure
of Chapter 27 of the Improvement
Act of 1911 to complete the
CONSTRUCTION OF CURBS AND GUTTERS
ON THE EASTERLY SIDE OF BROAD
STREET BETWEEN WESTMINSTER AVENUE
AND BOLSA AVENUE; and set a public
hearing.for 7:30 p.m., March 13,
1989, to hear from anyone
who desires the improvements,
and /or protests. (Report from
Public Works Department)
Volume 43 - Page 43
(66)
PB &R /China
House Tiles
(62)
PW /Crbs,
Gutters/
Broad St
btw Westmstx
Bolsa
(74)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES .
tp
9
��t+�� ®�� ;'Jj� \%pqp February 13, 1989
ROLL CALL INDEX
11; COUNCIL TRAVEL AUTHORIZATION /EXPENSE
Council
RECORD - Approve expense record of
Expense
$540.00 for Council Member Evelyn R.
(33)
Hart; and Mayor Donald A. Strauss of
$560.78, to attend League of California
•
Cities Meeting in San Jose, January 26 -
27, 1989.
12. SPECIAL EVENT PERMIT NO. 88 -078 - Uphold
Permit/
staff's recommendation for approval of
Apli #88 -078
temporary street closure at Newport
(65)
Center Drive on Sunday, February 26,
1989, 7:00 - 11:00 a.m., for Anderson
School P.T.A. 5K and 10K "Spirit Run,"
subject to conditions listed in the
staff report. (Report from Business
License Supervisor)
13. HARBOR PERMIT APPLICATIONS: Uphold
Harbor Per-
staff's recommendation for approval of
mit Apli
the following applications, subject to
(51)
conditions of approval in the staff
reports. (Reports from Marine
Department)
(a) Removed from the Consent Calendar -
Application No. 130 -2686
(b) Application No. 18 -0056 - by Newport
Apli #18 -
•
Dunes to revise the existing
commercial docks at the Dunes and
0056
to add additional docks;
(c) Application No. 109 -428 - by Newport
Apli #109 -
Aquatic Center to build a new ramp
428
and float at the Aquatic Center,
bayward of 428 North Star Lane.
14. RESUBDIVISION NO. 883 - Approve a
Resub 883
subdivision agreement guaranteeing
(84)
completion of the public improvements
required with Resubdivision No. 883
(located at 3235 -3245 Clay Street); and
authorize the Mayor and City Clerk to
execute the agreement. (Report from
Public Works Department)
15. USE PERMIT NO. 3279 - Approve a use
U/P 3279
permit agreement guaranteeing completion
(88)
of the public improvements required with
Use Permit No. 3279 (located at 351
Hospital Road); and authorize the Mayor
and City Clerk to execute the agreement.
(Report from Public Works Department)
•
Volume 43 - Page 44
C
•
•
CITY OF NEWPORT BEACH
.USERS MINUTES
9 y9� �0 a
G
;P February 13, 1989
.gyp N
INDEX
16. RESUBDIVISIO14 NO. 861 - Approve a
Resub 861
subdivision agreement guaranteeing
(84)
completion of the public improvements
required with Resubdivision No. 861
(located at 3841 Ocean Birch Drive); and
authorize the Mayor and City Clerk to
execute the agreement. (Report from
Public Works Department)
17. RESUBDIVISION NO. 824 - Accept the
Resub 824
public improvements constructed in
(84)
conjunction with Resubdivision No. 824;
and authorize the City Clerk to release
the Faithful Performance Bond (Bond No.
35M69620500) and release the Labor and
Material Bond (Bond No. 35M69620500) in
six months provided no claims have been
filed. (Report from Public Works
Department)
18. PERMIT /ENCROACHMENT AGREEMENT - Approve
Permit/
encroachment agreement allowing the
Encrchm
construction of improvements over an
(65)
existing City sewer easement at 709
Jasmine Avenue; and authorize the Mayor
and City Clerk to execute the agreement.
(Report from Public Works Department)
19. FUEL TANK REPLACEMENT CONTRACT NO. 2679
Fuel Tank
- Accept the work; and authorize the
Rplcm
City Clerk to file a Notice of
C -2679
Completion and release the bonds 35 days
(38)
after Notice of Completion has been
recorded in accordance with applicable
portions of the Civil Code. (Report
from Public Works Department)
20. BUDGET AMENDMENTS - For approval:
(25)
(a) BA -039, $450 - Transfer in Budget
Appropriations to replace
secretary's typewriter;
Nondepartmental Fund.
(b) Mid -Year Budget Adjustments for the
(40)
following: (Report from Finance
Director)
BA -040, $1,080,085 : Increase in
Budget Appropriations and Revenue
Estimates; General Fund.
BA -041, $169,895 - Increase in
Budget Appropriations and Revenue
Estimates; Park and Recreation
Fund.
Volume 43 - Page 45
CITY OF NEWPORT BEACH
MINUTES
o� p�
February 13, 1989
BA -042, $189,390 - Net Increase in
Unappropriated Surplus (decrease in
Budget Appropriations and increase
in Revenue Estimates); State Gas
Tax Fund 18.
BA -043, $60,000 - Net Increase in
Unappropriated Surplus (decrease in
Budget Appropriations); State Gas
Tax Fund 19.
BA -044, $99,260 - Decrease in
Unappropriated Surplus (decrease in
Revenue Estimates); Parking Meter
Fund 22.
BA -045, $336,815 - Decrease in
Unappropriated Surplus (increase in
Budget Appropriations and decrease
in Revenue Estimates); Tide and
Submerged Lands Fund 23.
BA -046, $1,025,000 - Decrease in
Unappropriated Surplus (decrease in
Revenue Estimates); Contributions
Fund 23.
BA -047, $2,000,000 - Increase in
Unappropriated Surplus (increase in
Revenue Estimates); Circulation and
Transportation Fund 26.
BA -048, $1,128,890 - Decrease in
Unappropriated Surplus (increase in
budget Appropriations and decrease
in Revenue Estimates); Water Fund
50.
BA -049, $9,960 - Net Decrease in
Unappropriated Surplus (increase in
Budget Appropriations and Revenue
Estimates); Marinapark Fund 52.
(c) BA -050 - Removed from the Consent
Calendar (refer to agenda item
F- 3(a)).
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Proposed ordinance pertaining to
restrictions on persons living aboard
off -shore moorings, was presented with
report from the Harbor Quality
Committee.
Council Member Turner indicated he felt
the purpose of the subject ordinance was
to eventually eliminate all live -
aboards, and stated he felt, "we are
heading in the wrong direction."
Volume 43 - Page 46
Ord 89 -7
Live -abrd
Ofshr Mrgs
(51)
ROLL
•
•
CITY OF NEWPORT BEACH
MINUTES
00?�
�'�{►� February 13, 1989
David Harshbarger, Marine Director,
addressed the Council and stated that
the Harbor Quality Committee, in
discussing this issue, took a 7% figure
which translates to 51% live- aboard
permits that would be issued, which is
basically what other marinas have done
with the live- aboard situation from San
Diego to Santa Barbara. He also stated
that they do not know the exact number
of the existing live - aboards; the
estimate is 30 to 35, but it could be
higher.
Council Member Turner asked if the
Committee considered "grandfathering" in
the existing permits, and not issue any
new permits, to which Mr. Harshbarger
replied in the affirmative, but stated
that the Committee felt that no more
than 50 permits should be issued unless
there is substantial proof in a 90 -day
period that there was more than that
existing at the time the ordinance is
adopted.
The City Attorney stated it was the
intent of the Harbor Quality Committee
to establish regulations on those
persons living aboard to insure their
use of vessels, as residences, did not
degrade water quality in the bay, and
the best method to do that is to put
restrictions on the type of vessels that
people can live- aboard and establish
regulations that require the maintenance
of discharge logs. He felt it was the
desire of the Committee to "grandfather"
in all those persons who are presently
living aboard, and if that number
exceeds 50, no permits would be issued
to persons not currently living aboard.
If the number is less, the Committee
felt that an appropriate number of
live- aboards in the bay, a number that
would not have adverse water quality,
parking or litter impacts, would be
approximately 7% of the number of
moorings out in the bay. He advised
that the purpose of the waiting list is
that there is a possibility that more
than 51 permits will be issued based
upon persons currently living aboard.
The Marine Director pointed out that
live - aboard permits are restricted to
the current mooring permit holders.
Volume 43 - Page 47
Live -abrd
Ofshr Mrgs
•
Motion
All Ayes
•
1 1
L J
x
CITY OF !NEWPORT BEACH
EMBERS MINUTES
i Hof �9A
A
GtA A February 13, 1989
Lo N INDEX
The City Manager advised that the
Live -abrd
Committee has met with a number of the
Ofshr Mrgs
off -shore mooring permit owners for the
past several months, and that the
subject ordinance was prepared as a
result of negotiations between the
Committee and those permit holders.
Following consideration, motion was made
to introduce and pass to second reading
on February 27, 1989, proposed ORDINANCE
NO. 89 -7, as presented, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADDING
CHAPTER 17.23 TO THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
RESTRICTIONS ON PERSONS LIVING
ABOARD OFF -SHORE MOORINGS.
2. Report from Public Works Department
McFdn Sq
regarding the MCFADDEN SQUARE ASSESSMENT
Asmt Dist 59
DISTRICT NO. 59, was presented.
Engr /Lgl
Cnsl Agm
The City Clerk advised that after the
C -2737
agenda was printed, 10 additional
(38)
protest letters were received from the
following:
George Dussin, owner of the Old
Spaghetti Factory
John /Marjorie Shea, 2214 W. Ocean
Front
Richard Lawrence, 2102 W. Ocean
Front
i
John Kuhta, 119 23rd Street
Uberto Autore, 2204 W. Ocean Front
Michael Potoma, 114 23rd Street
Mary Naegeli, 2206 W. Ocean Front
Roy Kouchi, Lot 21 /Block 23
Eileen Rapp, 2108 W. Ocean Front
Victor Swanson, 221 21st Street
The Public Works Director was asked if
there were still enough signatures in
favor of the assessment district to
proceed, to which he advised that as of
this date 58% of the property owners are
still in support of the district, and
Volume 43 - Page 48
C
•
Motion
•
X
CITY OF NEWPORT BEACH
MINUTES
4
o� 9�
�e�'��'4 February 13, 1989
that if an exact figure is desired, this
item can be referred back to the staff
for recalculation of the petitions and
placed on the February 27 agenda.
John Shea, 2214 W. Ocean Front,
addressed the Council in opposition to
the project, indicating he felt the City
has been negligent in maintaining the
area, and that the cost of replacement
improvements should be borne by the City
and not assessed to the property owners
in the area. He stated that the public
plaza is for everyone and individual
property owners should not be taxed. He
also felt that the large amount of
11concrete" area near Newport Pier should
be replaced due to deterioration.
Sid Soffer, 900 Arbor Street, Costa
Mesa, owner of property at 107 W. 21st
Place in McFadden Square, addressed the
Council in opposition to the proposed
assessment district. He also submitted
a protest letter from Harry K. Yee, 112
22nd Street. He stated it was his
understanding that the purpose of the
assessment district was for a "special"
treatment of sidewalk, street lights,
and trees, which is over and above the
improvements the City intends to make in
the area, i.e., curb, gutter, streets
and sidewalk. He indicated he felt the
additional improvements should be paid
for out of the City's off - street parking
fund. He also noted that McFadden
Square area was designated as a
"blighted" area some 30 years ago, and
in his opinion, the area has not
improved that much.
Hearing no further comments, motion was
made to refer this item back to the
staff to determine exact amount of
property owners opposing the assessment
district with report back on
February 27.
In response to comments made by Mayor
Pro Tem Plummer, the Public Works
Director gave a brief description of the
proposal, noting that the City has
committed to, and intends to spend in
upgrading the area, approximately
one -half million dollars in sidewalk,
curb and street repairs. It is also
proposed to spend another one -half
million dollars to replace the restroom,
and $300,000 for plaza improvements.
Volume 43 - Page 49
McFdn Sq
Asmt Dist 59
COUNCIL
•
All Ayes
•
CITY OF NEWPORT BEACH
MINUTES
February 13, 1989
The Public Works Director added that the
assessment district proposal is for
decorative sidewalk above and beyond
normal sidewalk replacement, and the
district would be credited with any
sidewalk repairs of a conventional type
that would have otherwise been
necessary, thus reducing the cost of the
decorative sidewalk to the district.
Secondly, the district proposes the
installation of new street lights, which
is normally anywhere in the City the
responsibility of the adjacent
properties. Thirdly, the district
proposes to increase the amount and
magnitude of the architectural and
landscaping improvements in the plaza
above and beyond the level proposed by
the City.
In response to question raised by
Council Member Watt regarding a gated
parking lot at McFadden Square as
referenced in the Ruder Study, the City
Manager indicated this subject had been
considered by the Council, and if it was
their desire, the issue could be
reviewed again, and considered
independently from the assessment
district.
Bill Schonlau, 408 -A E. Ocean Front,
addressed the Council and stated that
petitions were circulated on three items
to property owners within the proposed
assessment district, i.e., decorative
sidewalks, decorative street lights, and
plaza improvements, and subtracting the
amount of protests received, he felt
there was still sufficient signatures
favoring the district.in order to
proceed. He also noted that the Balboa
Peninsula Point Association, West
Newport Beach Association, Central
Newport Beach Association, and Newport
Harbor Area Chamber of Commerce have
endorsed the proposed assessment
district.
Hearing no additional comments, the
motion on the floor was voted on and
carried.
3. Report from the Marine Department
recommending approval, subject to
conditions in the staff report, of
Harbor Permit Application No. 130 -2686
by Robert Cohen to revise the
residential pier and float bayward of
2686 Bayshore Drive, was presented.
Volume 43 - Page 50
Sq
Dist 59
Harbor Perm
Apli#130-
2686 /Cohen
(51)
L
•
Motion
All Ayes
:7
Won
CITY OF NEWPORT BEACH
0
� y9� G�
L ''�
C'040 A February 13, 1989
x
x
MINUTES
Frank Celiberti, 2692 Bayshore Drive,
addressed the Council and spoke against
granting the subject permit. He stated
that his home is adjacent to the
property in question and if the pier is
revised to accommodate a 125' yacht., as
requested, it will obstruct his view and
open space, and decrease his property
value. He felt that because of the size
of the vessel, it could cause a serious
problem if unpredictable winds occur and
cause the yacht to break from the pier.
Following consideration, motion was made
to refer this item to the Tidelands
Affairs Committee for review and report
back.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 88 -47, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
SECTION 12.44.125, COMMERCIAL IN
LIEU PARKING FEES,
was presented for second reading with
report from the Planning Department.
The City Manager stated that the subject
ordinance comes as a recommendation from
the Off- Street Parking Committee and was
revised at the last City Council
meeting, wherein the language was
revised in Item B -3, and also.the fee
for 1989 was changed from $225 to $150.
Mayor Pro Tem Plummer, member of the
Off- Street Parking Committee, suggested
this item be tabled for the time being
as there are provisions in the ordinance
that she and Council Member Turner (also
a member of the subject Committee) do
not agree on. She stated new
information has been given the Committee
recently, and had the Committee received
this information earlier, their
recommendation may have been different.
She also felt the Specific Area Plan for
Central Balboa needs to be completed
before the Committee can accurately
assess the parking situation in the
area.
In view of the foregoing, motion was
made to table this item at the present
time, and direct staff to make as a
first priority, the completion of the
Specific Area Plan for Central Balboa
Volume 43 - Page 51
Ord 88 -47
Cmcl In Lieu
Pkg Fees
(40)
All Ayes
•
Motion
All Ayes
•
CITY Of NEWPORT BEACH
MINUTES
o�
\G� A February 13, 1989
X
area, so that the Committee can review
it by the end of Summer.
Council Member Turner amended the motion
to include a request for a resolution at
the next meeting placing a "freeze" on
the issuance of any additional in lieu
parking permits until this matter is
resolved, to which Mayor Pro Tem Plummer
had no objections.
Council Member Hart also requested that
staff report back as to the number of in
lieu parking fees which have not yet
been paid.
The motion, as amended, was voted on and
carried.
2. Proposed ORDINANCE NO. 89 -3, being,
Ord 89 -3
Zoning /Off-
AN ORDINANCE OF THE CITY COUNCIL OF
St Pkg Fee
THE CITY OF NEWPORT BEACH ADDING
Z -Distr
SECTION 20.30.040 C.(5) TO THE
(94)
NEWPORT BEACH MUNICIPAL CODE TO
ESTABLISH BY RESOLUTION OF THE CITY
COUNCIL A FEE FOR PROCESSING
REQUESTS FOR OFF- STREET PARKING ON
A SEPARATE LOT IN "Z" COMBINING
PCA 662
DISTRICTS,
0
3. Proposed ORDINANCE NO. 89 -4, being, Ord 89 -4
Zoning /Off-
AN ORDINANCE OF THE CITY COUNCIL OF St Pkg Fee
THE CITY OF NEWPORT BEACH ADDING H- Cmb /Distr
SECTION 20.30.040 D.(5) TO THE (94)
NEWPORT BEACH MUNICIPAL CODE TO
ESTABLISH BY RESOLUTION OF THE CITY
COUNCIL A FEE FOR PROCESSING
REQUESTS FOR OFF - STREET PARKING ON
A SEPARATE LOT IN "H" COMBINING PCA 662
DISTRICTS,
were presented for second reading and
adoption with recycled report from the
Planning Department, dated January 23,
1989.
Motion was made to adopt Ordinance No.
89 -3; and Ordinance No. 89 -4.
I. CONTINUED BUSINESS:
1. Report from City Manager regarding
OLYMPIC POOL AGREEMENT, was presented
Volume 43 - Page 52
(62)
High
Olympc
Agm
COUNCIL MEMBERS
Ae ® N
Motion
C
All Ayes
Motion
All Ayes
•
x
x
CITY OF NEWPORT BENCH
MINUTES
February 13, 1989
The City Manager outlined the three
alternatives as enumerated in his
report, and following, motion was made
by Council Member Turner to approve the
agreement with the five changes
(initiated by the City) and transmit it
to the School District for action.
Council Member Hart stated that it is
her understanding the School Board would
like the opportunity of meeting with
Council Members of their choice to
review some of their concerns and the
City's position.
Mayor Strauss recommended the Budget
Committee (Council Members Cox and
Turner), along with Council Member
Sansone meet with members of the School
Board and report back as soon as
possible.
The motion was voted on and carried.
2. BICYCLE TRAILS CITIZENS ADVISORY
COMMITTEE:
Motion was made to confirm (District 1)
Mayor Strauss's appointment of Jim
Dalton terminating December 31, 1989.
J. CURRENT BUSINESS:
1. Report from Public Works Department
regarding PRIVATE ENCROACHMENTS IN
PUBLIC RIGHTS -OF -WAYS, was presented.
The City Clerk advised that after the
agenda was printed, a letter from Nancy
Foster, 229 Opal Avenue, Balboa Island,
was received withdrawing her application
for an encroachment permit and regarding
the proposed revised Council Policy L -6.
The City Manager advised that the
subject policy was prepared in response
to Council's request when it considered
recently an encroachment regarding a
raised patio on Balboa Island. The
revised policy does not permit raised
patios, and specifies that encroachments
of landscaping, etc., be on grade.
The Public Works Director reported that
the text copy of the policy indicates
the proposed deletions and additions,
and pointed out that listed under
Section A are the categories of
encroachments which are prohibited. He
Volume 43 - Page 53
BT /CAC
Council
Policy L -6
Private
Encr /Pblc
r -o -w
(65/69)
COUNCIL MEMBERS
yea' � � lnfl �tp
Motion
•
CITY OF NEWPORT BEACH
x
MINUTES
February 13, 1989
stated that the changes will clarify the
intent of the policy and reduce the
number of applications coming before the
Council.
Discussion ensued, wherein it was noted
that the subject policy applies only if
the area in question is in the public
right -of -way.
The Public Works Director, in reviewing
the policy, also advised that one
category of allowable encroachment was
added, designated as D -2, which pertains
to fences on South and North Bay Fronts
on Balboa Island. He stated the Balboa
Island Improvement Association has also
written a letter dated January 17, 1989,
expressing the Association's views with
regard to encroachments on the Island
and what they felt should be included in
the policy, to which he responded.
Council Member Watt indicated the
proposed policy change was an acceptable
method in dealing with the situation,
but she felt there were still a few
issues of concern raised by Nancy Foster
in her letter of February 9, 1989, that
the Council may wish to consider.
Reference was made to the Balboa Island
Improvement Association policy regarding
this issue, wherein the Public Works
Director advised that in the case of
6 -foot parkways, no encroachments above
grade would be allowed pursuant to the
Association's policy, to which the City
concurs. In the case of an 8 -foot
parkway, the City's policy would allow
for an encroachment up to one foot
within the right -of -way, not exceeding
three feet in height. Also, in areas
where there is a large volume of
pedestrian traffic, he felt the required
5 -foot sidewalk width should be
maintained.
In view of the foregoing comments,
motion was made to adopt revisions to
Council Policy L -6, "Private
Encroachments in Public Rights -of- Ways,"
which will:
I. Make it clear that all private
structural encroachments in public
rights -of -ways are prohibited when
said encroachments are permanent to
nature and constructed above the
natural grade; except:
Volume 43 - Page 54
Council
Policy L -6
"I �
COUNCIL MEMBERS
G OA S Co 4
Z� O� �i�
g{o February 13, 1989
AI 9 to
•
All Ayes
•
MINUTES
1. Exceptions to the general
rule specifically listed
in the policy.
2. Exceptions permitted by
the Building Code.
3. Exceptions to the general
rule that will permit
fences of open type
construction at grade to
encroach to within 2' -6„
of the back of the public
sidewalk on North Bay
Front and South Bay
Front.
The Public Works Director recommended
paragraph "G" of Council Policy L -6 be
amended to read as follows:
"G. Variances from the strict
application of this policy
shall not be granted unless
individual circumstances
establish that approval will
be consistent with the public
interest."
The motion, as amended, was voted on and
carried.
2. REQUEST OF HAL AND KATHLEEN BAERG FOR
PARKING IN THE ALLEY AT REAR OF 400
CLUBHOUSE AVENUE, was presented.
Report from Traffic Affairs Committee,
was presented.
The City Manager summarized the subject
report, noting that the Traffic Affairs
Committee had considered this request
and recommended denial. The Committee
is aware of the parking shortage in the
vicinity of 400 Clubhouse Avenue, but
believes that the creation of a single
space in the alley is an undesirable
solution to the problem.
Hal Baerg, 400 Clubhouse Avenue,
addressed the Council in favor of his
request, stating that Clubhouse Avenue
dead -ends at the bay, but three homes
wrap around and face the bay and the
rear of these homes are on the alley;
therefore, no street is actually
available to them. He stated that his
house is one of the few in the City that
"does not have a street to go with his
address." He discussed the problems he
Volume 43 - Page 55
Council
Policy L -6
(63)
Rqst
COUNCIL MEMBERS
®
ALL Cy 0 9
Motion
All Ayes
•
•
Ix
CITY OF NEWPORT BEACH
AN
MINUTES
February 13, 1989
and his guests have had with regard to
parking, and asked that the alternatives
suggested in his letter of February 3,
1989, be considered. He stated he was
requesting the Council to help in
solving a very frustrating, expensive
and hazardous situation.
Council Member Turner expressed empathy
to Mr. Baerg, but stated if the request
were granted, it could set a precedent
for future requests; and therefore,
moved to sustain the action of the
Traffic Affairs Committee and deny the
request.
3. Report from the City Attorney regarding
proposed EXTENSION OF THE LEASE OF THE
CITY /COUNTY DOCK PROPERTY, was
presented.
The City Manager referred to a map of
the subject parcel, noting the areas
owned by the County and those owned by
the City. The City receives 35% of the
revenue derived from the property and
the property is managed by the County.
Haseko, Inc., applicant who received
approval from the Council earlier in the
meeting to remodel the Tokai Bank
Building (which sits on said parcel),
have requested a 6 -year extension of
their lease, which expires June 30,
2008. The request for extension of the
lease has raised a question as to the
interpretation of the City's Charter,
and it is the City Attorney's opinion,
that the City Council cannot grant the
extension without a vote of the
electorate. The City /County lease
provides that any lease to a third
party:
"...shall be for a term not to
exceed (50) years, and in any
event, shall terminate not later
than June 30, 2008.^
John Gamble, Attorney representing the
applicant, 18400 Von Karman, Irvine,
addressed the Council and stated that in
reviewing the findings of the City
Attorney, he felt it would also enable
the Council to make findings in support
of a decision to approve their request,
within reason. He noted that the
subject City /County lease document is
30 -years old and he felt the intention
of the voters in 1958 was to create a
Volume 43 - Page 56
0/C City
Dock Prpty/
Haseko, Inc.
Lease Extnsn
C -910
(38)
COUNCIL MEMBERS
\11\\\00 7Z ypFebruary 13, 1989
0
•
Motion
All Ayes
x
MINUTES
vehicle to generate income for the City. 0/C City
However, he felt that due to the Dock Prpty
six -year lapse between 1958 and 1964
when the property was not leased,
subject lease to Haseko, Inc., was cut
short; and therefore, the economic
benefit to the City was also cut short.
Mr. Gamble stated that the actual
transaction of entering into the lease
did not occur until 1964, and he felt
the intent of the electorate was for the
lease to begin "running" immediately
(1958) and not six years later. He also
felt that if this issue was to be
decided by a judge, the court would
favor the lease extension due primarily
to the revenue benefit the City would
receive for the additional six years.
Steve Blanchard, County General Services
Real Estate Department, addressed the
Council and stated that with respect to
"fair market value" of the parcel, they
feel the property has been
under - utilized, and has fallen into a
period of disrepair, which the lessee
has now proposed to upgrade. They have
also negotiated with the City a rent
formula which they feel will result in
the City and County receiving fair
market value.
In response to Council Member Turner's
inquiry regarding any prior lease on the
subject parcel before 1964, the City
Attorney advised that a lease was
entered into; however, the lessee did
not pay any rent and defaulted with
respect to the remaining performance of
the lease after efforts to get the
County and City to agree to an
assignment of the lease. The lease was,
therefore, terminated by the City
Council and Board of Supervisors in
1961.
In view of the foregoing comments,
motion was made to deny the request and
make the findings for denial, as set
forth in Exhibit "C."
4. Report from the City Manager concerning NB Conf/
CONFERENCE AND VISITORS BUREAU, was Visitors Bu
presented. C -2638
(38)
Newport Center Association letter in
support of the Conference and Visitors
Bureau, was presented.
Volume 43 - Page 57
•
Motion
•
Motion
Ll
CITY OF NEWPORT BEACH
MINUTES
9 y9� O'7�'
February 13, 1989
x
x
The City Clerk reported that after the
agenda was printed, 13 additional
letters in support of the City Council
continuing to fund a marketing program
for the Conference and Visitors Bureau,
were received and on file.
The City Manager advised that this item
had been placed on the agenda at the
request of the City Council to determine
if the "service feet ordinance should be
continued. He stated that the City has
been collecting a 1% service fee for
almost two years which, in turn, is
transmitted to the Bureau, minus the
City cost of collecting said fee.
Council Member Hart stated that she had
met with several of the Board members of
the Bureau to discuss concerns, and it
Is her understanding that there is some
"restructuring" going on within the
organization; and therefore, she would
move to disallow first reading of the
proposed ordinance repealing the
Visitor's Service Fee at this time, but
that this issue be brought back to the
City Council on May 8, 1989, for
reconsideration along with a report from
the Bureau as to their completed budget,
plans for fiscal year, goals and past
accomplishments.
Council Member Cox disagreed with the
motion, stating that when this issue was
last discussed, it was his thought that
the Council was in agreement to "set it
straight once and for all" what the
future of the Bureau was going to be at
this time, rather than continuing the
matter again. The Bureau has made their
presentation as to their business plan,
goals, etc., and if this item is
postponed again, this would also defer
the trolley issue for another year. He
stated he would like the Council to
"make up their minds tonight" as to
whether it believes in the Bureau or
not; and therefore, moved a substitute
motion to disallow first reading of the
proposed ordinance and permit the Bureau
to continue their present operation.
Mayor Strauss stated it is felt by many
individuals interested in this issue
that the trolley should not be part of
the Bureau and they should not have that
responsibility, particularly since they
have no expertise in that area.
Volume 43 - Page 58
Conf/
Bu
•
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r�
u
..��MI,' -.j l,' A
cf� 9 y9A n0'lt
'p �f February 13, 1989
Council Member Turner stated he will not
be supporting the substitute motion, and
felt the City could gain by waiting the
90 days as suggested by Council Member
Hart; and therefore, review the
"complete picture" for the last year.
He also felt the Council make a mistake
in "saddling11 the Bureau with the
responsibility of a workable trolley.
Council Member Watt indicated she would
not support the substitute motion, but
will reluctantly support the original
motion, as she felt the Bureau should be
more in the context of private
enterprise as the visitor's service fee
is the wrong type of application of a
service fee in that it promotes
visitors, instead of "doing what it's
supposed to do, which is deferring the
cost of serving visitors." Also, she
felt the Bureau was an inappropriate
agency to handle the trolley issue. In
addition, she felt the Council should
not be involved in the Bureau's budget
and that it should be a private budget
the Bureau works out among themselves.
Lastly, she felt that in reviewing some
of the Bureau's recent publications, it
is very clearly spelled out that it is
most convenient for the visitor to get
to Newport Beach via John Wayne Airport,
and until that issue is resolved she
felt it was inappropriate to support
that type of publicity.
Jim Dale, 118 Apolena Avenue, member of
the Board of Directors of the Conference
and Visitors Bureau, addressed the
Council and urged them to vote against
the proposed ordinance, stating that in
so doing, it would allow the Bureau to
continue operating in support of the
Newport Beach hospitality industry. He
stated this issue was very important to
the small businesses in the community;
that the Bureau has made great strides
in generating new business for the
hotels and restaurants in the City; and
the Bureau is committed to being more
involved in community activities and
becoming a more recognized and respected
spokesman for the hospitality industry.
He summarized some of the Bureau's
strengths and accomplishments; noting
they are a self- funding organization
which collects revenues from an
additional 1% assessed by each hotel;
and pay the City for that collection
cost. The visitor's service fee is in
addition to the 8% Transient Occupancy
Volume 43 - Page 59
NB Conf/
Visitors Bu
Al
ROLL
•
•
•
f141NUTF`,
February 13, 1989
Tax (TOT) which the City keeps entirely
for itself, and he pointed out that the
revenue received from the TOT has
increased 19%. In addition, the Bureau
has in just the past six months, booked
over one million dollars in future
business and are working on an
additional five million dollars of
business for Newport Beach.
Jim Roberts, 1975 Port Locksligh, owner
of Balboa Beach Company on Balboa
Island, addressed the Council in support
of the Bureau, and stated he felt the
Council would be remiss in not
continuing its support of the Bureau
as it creates business for him, as well
as other businesses in the community
when hotels are occupied.
Bill Hamilton, 3620 Fifth Avenue, owner
of the Cannery Restaurant and Malarky °s
Pub, addressed the Council in favor of
the Bureau. He stated he had a great
concern for the quality of life in the
City; is very "attached" to Newport
Beach; active in civic affairs; felt the
Bureau was good for the small
businessman and would like to see it
continue.
Phil Tozier, 901 Kings Road, President
of Balboa Pavilion Company, addressed
the Council in support of the Bureau,
stating that the small businesses in the
City receive tremendous benefits from
hotel guests, and urged the Council to
continue its support of the Bureau.
Eric Hansen, owner of Little Inn on the
Bay, addressed the Council and stated
that the Bureau means a great deal to
him in his business; that everyone
benefits from the visitors, and would
urge its contunued support.
Jeff Morse, President of the Conference
and Visitors Bureau, addressed the
Council and stated they have no problem
with the 90 —day termination clause;
however, it is difficult to motivate a
group of people and make plans when it
all could end in 90 days. He would hope
over the next 90 days they could work
with the City in developing a plan the
Council would be confortable with and
support.
Volume 43 — Page 60
NB Conf/
Visitors Bu
CITY OF ,NEWPORT BEACH
MINUTES
S1
0 4
o� y�
February 13, 1989
NB Conf/
Visitors Bu
Mayor Strauss stated he felt Council
Member Hart's motion to continue for 90
days is well considered and he will
support it.
Council Member Plummer indicated she had
mixed emotions with regard to the
Bureau, as she was very disappointed
with the lack of competance demonstrated
by the organization during the last
year, specifically the trolley issue,
which is a year behind. She expressed
her concerns and stated she basically
supports the concept, but is not totally
in favor of giving "carte blanche" for
the next two years.
The substitute motion made by Council
Member Cox was restated as follows:
That the City Council give the
Conference and Visitors Bureau a
vote of confidence for their "great
job" and allow them to continue
with their operation.
Ayes
x
The substitute motion was voted on and
Noes
x
x
x
x
x
x
FAILED.
Council Member Plummer stated she felt
it would be appropriate to put the
•
responsibility of the trolley project
back into the City's hands at this time.
Council Member Cox commented that the
Bureau should not be in the trolley
business, but was given to the Bureau at
the City's request. The objective of
the organization is to increase room
occupancy of the hotel rooms already
existing. He also felt the Bureau
should run their operation as they see
fit, and the City Council not question
how they spend their funds.
There being no objections, the trolley
issue was placed on the March 13 study
session.
Ayes
x
x
x
x
x
x
The motion, as made by Council Member
Noes
x
Hart, set forth in the foregoing, was
voted on and carried.
•
Volume 43 — Page 61
NB Conf/
Visitors Bu
CITY OF NEWPORT BEACH
MINUTES
t0�yC
\�'��� February 13, 1989
Meeting adjourned at 11:35 p.m.
The agenda for this meeting was
posted on February 9, 1989, at 8:30
A.m., on the City Hall Bulletin
Board located outside of the City
of.Newport Beach Administration
Building.
Mayor
ATTEST::
City Clerk