HomeMy WebLinkAbout11/12/1991 - Regular MeetingCITY OF NEWPORT BEACH
Present x x x x x x x A.
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REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:00 P.M.
DATE: November 12, 1991
ROLL CALL.
Reading of Minutes of Meeting of
October 28, 1991, was waived, approved
as written, and ordered filed.
Reading of all ordinances and
resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
HEARINGS:
Mayor Sansone opened the public hearing
regarding proposed ORDINANCE NO. 91 -41,
being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE SO AS TO
REVISE NOISE LEVEL STANDARDS FOR
MECHANICAL EQUIPMENT IN
RESIDENTIAL ZONING DISTRICTS
(PLANNING COMMISSION AMENDMENT NO.
736).
Report from the Planning Department.
The City Manager noted some concerns on
the part of the staff with. respect to
enforcement of the subject ordinance,
i.e., noise measurements, and therefore,
recommended the document be referred
back to staff until the City's Noise
Element has been approved in the Spring
of 1992.
During course of discussion, it was
pointed out that the subject ordinance
was prepared as a result of a Lido Isle
resident and air conditioning contractor
who went before the Planning Commission
and stated that the constraints of the
older, smaller residential lots make it
virtually impossible for air condition-
ing equipment to meet the current noise
standards. In response, the Planning
Commission directed staff to investigate
possible revisions to the Zoning Code.
Gordon Graham, 429 Via Lido Soud, air
conditioning contractor who requested
this issue be reviewed by the Planning
Commission, addressed the Council and
stated he had read the proposed
ordinance, but felt it was not yet
workable, inasmuch as it still does not
allow air conditioners to be installed
in side yards, and further restricts the
installation of equipment on top of
buildings. He stated he was in
agreement with the recommendation to
refer the ordinance back to staff.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to not adopt Ordinance
No. 91 -41, and refer it back to staff
for further study once the new Noise
Element is adopted in the Spring of
1992.
Volume 45 - Page 328
MINUTES
(94)
91 -41
736
L "11
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CITY OF NEWPORT BEACH
November 12, 1991
.WL11
CDBG /CHAS
(87)
2. Mayor Sansone opened the public hearing
regarding COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) 1992 -96 COMPREHENSIVE
HOUSING AFFORDABILITY STRATEGY.
Report from the Planning Department.
•
It was pointed out that for the last
nine years the major portion of the
City's CDBG funds were allocated to the
development of low income housing and to
assistance for the homeless. In
response to State housing requirements,
both of these activities are also
implementing actions for programs in the
Housing Element of the City's General
Plan. The specific objectives of the
City's CDBG activities have been to: 1)
maintain and expand the affordable
rental housing supply; 2) repay the
Section 108 loan which provided a
recreation facility in a low income area
and enabled the construction of seven
lower income housing units; 3) provide
aid to the homeless; and 4) provide
social services to low income families
and individuals. The priorities and
programs contained in the CHAS are
consistent with the Housing Element and
are a continuation of past CDBG
objectives,.
Craig Bluell, Principal Planner,
addressed the Council and cited the
following corrections to the CHAS
program since it was circulated in
September of this year:
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Page 15 - Market and Inventor
Conditions - added "and eight (8�
substandard ownership units ".
Page 16 - Housing Stock Inventory:
4. Standard - 13,608
5. Substandard - 45
8. Standard - 17,200
9. Substandard - 7
13. Standard - 1,581
14. Substandard - 5
15. Suitable for Rehab - 0
17. Standard - 307
18. Substandard - 1
19. Suitable for Rehab - 0
Page 26 - Resources - $30,050
changed to $35,000 and
$74,900 changed to $79,850.
Page 28 - Funding Source:
25. Rental Certification -
717
26. Rental Vouchers - 68
Page 30 - Goals for Families to be
Assisted with Housing:
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4. Rental Assistance - 115
Hearing no one wishing to address the
Council, the public hearing was closed.
Volume 45 - Page 329
.WL11
CDBG /CHAS
(87)
9TI
Motion
All Ayes
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Motion
All Ayes
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0
COUNCIL ME?BERS
x
x
CITY OF NEWPORT BEACH
November 1Z, 1993L
Motion was made to authorize the
City Manager to submit a five -year
and a one -year Comprehensive
Housing Affordability Strategy
(CHAS) to the U.S. Department of
Housing and Urban Development
(HUD) as required to receive the
next five years of Community
Development Block Grant (CDBG)
funds, with the corrections as
noted.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken, except for
those items removed:
1. ORDINANCES FOR INTRODUCTION - Schedule
for public hearing on November 25, 1991:
(a) Proposed ORDINANCE NO. 91 -44,
being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE SO AS
TO ALLOW REAL ESTATE SIGNS
TO EXCEED FOUR (4) FEET IN
HEIGHT SO AS TO BE
REASONABLY VISIBLE FROM THE
STREET (PLANNING COMMISSION
AMENDMENT NO. 727).
[Report from the Planning
Department]
2. RESOLUTIONS FOR ADOPTION:
(a)
Resolution No. 91 -106 approving
participation in the PUBLIC,AGENCY
RETIREMENT SYSTEM (PARS) for part -
time employees in place of Social
Security coverage. [Memorandum
from the Personnel Director]
(b)
Resolution No. 91 -107 amending the
BOARDS, COMMISSIONS AND COMMITTEES
MANUAL.
(c)
Removed from the Consent Calendar
(refer to agenda item 0.2 for City
Council action).
3. CONTRACTS /AGREEMENTS:
(a)
Authorize the Mayor and City Clerk
to approve Contract with BSI
Consultants, Inc., of Santa Ana in
the amount of $29,000 to provide
Assessment Engineering Services
for proposed ASSESSMENT DISTRICT
NO. X63; and appropriate the sum of
$30,000 from the General Fund as
an additional loan to pay for the
foregoing services to underground
utilities and construct a City -
owned street lighting system on
Newport Island. [Report from the
Public Works Department]
Volume 45 - Page 330
MINUTES
Ord 91 -44
Zoning
(94)
CA 727
ersonnel/
ARS Rtrm
ys
es 91 -106
66)
ds /Cmsn/
mts
es 91 -107
Asmt
;t 63/
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COUNCIL MDWN
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CITY. OF NEWPORT BEACH
MINUTES
November 12, 1991 INDEX`
(b) Authorize the Mayor and City Clerk
Costa Mesa
to execute an Amendment to the
Sanitary
1979 Agreement between Newport
Dist(CMSD)/
Beach and the Costa Mesa Sanitary
District (CMSD) CONTRACT NO 2100,
NB /Fee Sry
setting the fee for service at
C -2100
$17.01 per dwelling unit for those
(38)
areas within the City served by
(a)
CMSD. [Report from the Utilities
Lord-
Director]
personal injuries, false arrest,
4. COMMUNICATIONS - For referral as
-
indicated:
(a) To the Ocean Front Walk Ad Hoc
Ocean Fr.
City Council Committee for
Boardwalk
inclusion in the records,
(24)
suggestions from the Newport
Drive and Avocado.
Harbor Area Chamber of Commerce to
(b)
improve pedestrian safety on the
ejovin
OCEAN FRONT /BALBOA PENINSULA
towed in error from 38th Street on
BOARDWALK.
(b) To the Building Department for
Bldg
reply, letter from Al Palladino
(26)
with + suggestions for a Study
Session date to consider FAMILY
BACKYARD SWIMMING POOLS AND CHILD
Albert Ferdinand, Jr.
PROTECTION.
5. COMMUNICAT:ONS - For referral to the
City
Clerk for inclusion in the records:
None.
6. CLAIMS FOB. DAMAGES - For denial and
(36)
confirmation
of the City Clerk's
referral to the claims adjuster:
(a)
Euralis Lord- Butcher alleging
Lord-
personal injuries, false arrest,
Butcher
etc, by City Police Department on
July 26, 1991, at Pacific Coast
Highway between Newport Center
Drive and Avocado.
(b)
Nancy Dejovin alleging vehicle
ejovin
towed in error from 38th Street on
October 19, 1991.
(c)
Albert Ferdinand and the
Ferdinand
following: (refer to F -6(a) above.
(d)
Albert Ferdinand, Jr.
Ferdinand,
Jr., et al
(e)
Alison Ferdinand.
(f)
Cris Ferdinand.
(g)
Wendy Ferdinand.
(h)
Suzanne Finnamore alleging
Finnamore
personal injuries as a result of
negligent inspection or failure to
inspect the installation of an
outside shower and faucet at said
location.
(i)
Integrity 714 Salon alleging
Integrity
property damage, etc., as a result
714 Salon
of City water main break in front
of business at 2828 E. Coast
Highway on September 13, 1991.
Volume 45 - Page 331
9
CITY OF NEWPORT BEACH
MINUTES
November 12, 1991
INDEX
(j) Lo -el Fine Art alleging property
Lo -el Fine
damage as a result of City water
Arts
main break at 3431 Via Oporto
#100 -C, on October 31, 1991.
(k) Lido Brass and Copper, Inc.,
Lido Brass
alleging property damage as a
result of City water main break at
3431 Via Oporto, #100B, on October
31, 1991.
(1) Herbert Margulis alleging
Margulis
telephone cable was cut on October
16, 1991 to Slip C031 while dock
was being repaired; seeking
reimbursement of $65 for repair of
telephone cable.
(m) Gary S. Mobley alleging loose
Mobley
gravel from repaving project on
Jamboree Road near San Joaquin
Hills Road was thrown upward and
cracked his windshield on October
10, 1991.
(n) Dr. Carl Muglia alleging personal
Muglia
injuries as a result of accident
at Jamboree Road and Bristol
Street on April 15, 1991, (lights
at intersection went out without
precautionary flashing red
lights).
(o) Jill Robbins alleging personal
Robbins
injuries as a result of being
rear -ended by City employee on
October 16, 1991, on Newport
Boulevard, near 21st Street.
(p) State Farm Insurance
St Farm
Company/Robert K. Powers alleging
Ins /Powers
damages to their insured's
vehicle, as a result of collision
with City Police Patrol vehicle on
June 19, 1991.
(q) Pamela R. Vaughn alleging personal
Vaughn
injuries, loss of wages, etc., as
a result of trip and fall in
street on August 2, 1991, in front
of 726 Santana Drive, Irvine
Terrace.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
None.
8. REQUEST TO APPROVE /PILL PERSONNEL
(66)
VACANCIES: (Report from the City
Manager)
(a) One :Maintenance Worker I, General
Services Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Removed from the Consent Calendar
(refer to agenda item G.1 for City
Council action).
Volume 45 - Page 332
COUNCIL MEMBERS
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0
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Motion
All Ayes
CITY OF NEWPORT BEACH
x
November 12, 19911
For Council information and filing:
(b) Removed from the Consent Calendar
(refer to agenda item G. 3 for
City Council action).
10. PUBLIC HEARING SCHEDULING - November 25,
1991:
(a) Refer to agenda item F -1(a).
11. WATER MAIN RELINING PROGRAM (CONTRACT
NO. 2784) - Approve the plans and
specifications; and authorize the City
Clerk to advertise for bids to be opened
at 11:00 a.m., November 26, 1991.
[Report from the Public Works
Department:]
12. Removed from the Consent Calendar (refer
to agenda item G. 4 for City Council
action).
13. RESUBDIVISION NO. 867 - Approve the
improvement plans and specifications and
accept the public improvements
constructed in conjunction with
Resubdivis.ion No. 867 (3636 Birch Street
on the northeasterly corner of Bristol
Street North and Birch Street, in the
Newport Place Planned Community);
authorize the City Clerk to release the
Faithful Performance Bond and Labor and
Materials Bond (968330S) in six months
rovided no claims have been filed.
p[Report from the Public Works
Department.]
MINUTES
(84)
INDEX
Main
g Prg
E:IyI
14. CITY COUNCIL TRAVEL AUTHORIZATION AND Cncl Expns
EXPENSE RECORD - Approve expense record (33)
of Council Member Plummer in the amount
of $1,198.79 for attendance at the
Annual League of California Cities
Conference in San Francisco, October 12
- 17, 1991.
15. BUDGET AMENDMENTS - For approval: 1(25)
BA -033, $30,000 - Decrease in
Unappropriated Surplus and increase in
Budget Appropriations to provide for
ASSESSMENT DISTRICT NO. 63 (UNDERGROUND
UTILITIES ON NEWPORT ISLAND); General
Fund. [Refer to report w /agenda item F-
3(a)]
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Recycled report dated October 28, 1991 GS
from the General Services Director (44)
regarding DONATION OF CITY SURPLUS
ITEMS.
It was noted that this item had been
continued from the last meeting at the
request of Council Member Plummer who
wanted to investigate the possibility of
donating the surplus items to Cabo San
Lucas, a Sister City to Newport Beach.
Council Member Plummer advised that she
has not heard from her contact who
frequently visits Cabo San Lucas, and
therefore, made a motion to defer action
on this matter to January 13, 1992.
Volume 45 - Page 333
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Motion
.Motion
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Ayes
Noes
Motion
All Ayes
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A y `,
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CITY OF NEWPORT BEACH
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xl xi xl I xi xl x
x
November 12, 1991
2. Report from the Assistant City Attorney
regarding proposed resolution to impose
administrative fee on delinquent parking
fines.
Motion was made to adopt Resolution No.
91 -108 imposing administrative fee on
collection of DELINQUENT PARKING FINES,
with an amendment to Section 1, changing
the initial ten day notice period to 15
days.
3. Report From the City Manager regarding
ACTIONS TAKEN BY THE PLANNING COMMISSION
ON OCTOBER 24, 1991.
Motion was made by Council Member Watt
to schedule public hearing on
November 25, 1991 for Use Permit
1421(Amended) and Traffic Study No. 79
relative to Hoag Hospital Emergency
Room.
Council Member Watt indicated that her
reason for calling this item up was
because the Council will be discussing
Hoag Hospital's Master Plan in great
depth in the next few months, and
therefore, she felt it was "not any too
soon to start that dialogue."
Council Member Plummer stated she will
not be supporting the motion, inasmuch
as she felt this issue was adequately
covered when it was before the Planning
Commission as reflected in their
minutes. She also stated that if the
Council were to hear the matter again,
it would be redundant and only delay the
project, and therefore, she made a
substitute motion to not schedule a
public hearing on this issue, and to
receive and file the subject report.
Council Member Cox spoke in support of
the substitute motion, stating he felt
it would be too confusing to link the
emergency room issue to Hoag's Master
Plan, and that the Council should "leave
well enough alone."
The substitute motion was voted on and
carried.
4. Report from the Public Works Department
recommending approval of plans and
specifications for the BALBOA PARKING
LOT IMPROVEMENTS (CONTRACT No. 2881);
and authorizing the City 'Clerk to
advertise for bids to be opened at ll:00
a.m., November 27, 1991.
Council Member Hedges, Member of the
Balboa Specific Area Plan Committee,
stated that inasmuch as there may be
some improvements not contemplated as a
result of the proposed parking lot
improvements, he will make a motion to
refer this item to the Balboa Specific
Area Plan Committee for review and
report back..
Volume 45 - Page 334
MINUTES
Parking/
Fines
(40)
Res 91 -108
Planning
(68)
oa Pkg
Imprvm
C,: . +91x13 :zl
CITY OF NEWPORT BEACH
November 12, 1991.
MINUTES
i is
ROLL CHLL
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE N0. 91 -39, being,
Ord 91 -39
Noise/
AN ORDINANCE OF THE CITY COUNCIL
Zoning
OF THE CITY OF NEWPORT BEACH
(94)
AMENDING TITLE 15 OF THE NEWPORT
BEACH MUNICIPAL CODE SO AS TO
REVISE NOISE LEVEL STANDARDS FOR
MECHANICAL EQUIPMENT.
Report from the Planning Department.
Motion
x
Motion was made to not adopt Ordinance
All Ayes
No. 91 -39, and refer subject ordinance
back to staff for further study, once
the Noise Element is adopted in the
Spring of 1992.
2. Proposed ORDINANCE NO. 91 -40, being,
Ord 91 -40
Marine/
AN ORDINANCE OF THE CITY COUNCIL
Charter
OF THE CITY OF NEWPORT BEACH
Permit
AMENDING CHAPTER 5.18 REGARDING
(27)
MARINE CHARTER PERMIT.
Recycled report dated October 28, 1991
from the Revenue Manager /Finance
Department.
Motion
x
Motion was made to adopt Ordinance No.
91 -40.
All Ayes
3. Proposed ORDINANCE N0. 91 -42, being,
Ord 91 -42
Community
AN ORDINANCE OF THE CITY COUNCIL
Cable
OF THE CITY OF NEWPORT BEACH
Franchise
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AMENDING A NON - EXCLUSIVE FRANCHISE
(42)
WITH COMMUNITY CABLEVISION COMPANY
TO CONSTRUCT, MAINTAIN AND OPERATE
A COMMUNITY ANTENNA TELEVISION
SYSTEM WITHIN THE CITY; AND
Proposed ORDINANCE NO. 91 -43, being,
Ord 91 -43
ComCast
AN ORDINANCE OF THE CITY COUNCIL
Cable
OF THE CITY OF NEWPORT BEACH
AMENDING A NON- EXCLUSIVE FRANCHISE
Franchise
WITH COMCAST CABLEVISION TO
(42)
CONSTRUCT, MAINTAIN AND OPERATE A
COMMUNITY ANTENNA TELEVISION
SYSTEM WITHIN THE CITY.
Report from the Deputy City Manager.
The City (jerk advised that after the
agenda was printed, a letter was
received from Joan MaCaulay regarding
the renewal of franchise to ComCast.
The City Manager reported that at the
last City Council meeting, two
ordinances were introduced which, 1)
granted a 10 -year franchise extension to
the respective cable companies, 2)
within two years, provisions for a
dedicated educational channel to each of
the Newport -Mesa Unified School District
campuses, 3) a dedicated Fire Department
channel and additional video equipment
to enable Fire Department broadcasts,
and 4) within five years, expansion of
the system from approximately 40
channels to at least 54 channels.
Volume 45 - Page 335
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Motion
•
X
CITY OF NEWPOR r BEACH
November 12, 1991.
The City Manager further advised that
Community
Cat! and ComCast
Cablevision will accept the franchise
ordinances as written, with the
provision that the Franchise Acceptance
Agreement include a provision that
"highest and best standards" in the
Municipal Code refers to those standards
that comply with appropriate FCC rules.
He stated that staff had no objection to
the proposed amendment.
The City Attorney commented that the
proposed amendment would not affect
those provisions of the cable television
ordinance that require maintenance of
"efficient and high quality service to
CATV subscribers."
In response to question raised by
Council Member Hedges regarding the
dedicated educational channel, the City
Manager responded that the franchise
ordinance provides only one location at
each campus for the educational channel,
and if other rooms were wired within
that campus, that would be at the
expense of the school district.
Dave Barford, ComCast, addressed the
Council regarding the proposed amendment
to the Franchise Acceptance Agreement,
and stated that in the original proposed
franchise ordinance, there was a section
that stated there would be a reduction
in fees if they did not meet certain
technical standards as described in that
particular section. He stated that some
of those standards were out -dated and
subsequently replaced by language that
said, in essence, "the best available
technical standards within the
industry," which is somewhat nebulous
and really did not describe anything.
Essentially what they want to do is to
comply with FCC specifications for a
cable plan„ and it is those requirements
they have suggested be inserted in the
Franchise Acceptance Agreement.
There being no further discussion,
motion was made to adopt Ordinance No.
91 -42, and Ordinance No. 91 -43,
including approval of the amendment to
the Franchise Acceptance Agreements as
requested by the cable companies.
Council Member Cox also stated that even
though he made the motion to adopt the
above two ordinances, he still felt it
was unfair for the City to "not
negotiate in good faith" on some of the
items. He also indicated that the cable
companies should have gotten more in
return considering the kind of
investment they put in, but instead, the
City is deriving all the benefits
without granting a longer term than 10
years.
Volume 45 - Page 336
MINUTES
nity
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
November 12, 1991
All Ayes
Council Member Cox's motion was voted on
and carried.
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
1. Report from the Parks, Beaches and
Recreation Director regarding the
operation of the CONCESSION AT THE
CORONA DEL MAR STATE AND CITY BEACH
PARK.
The City Clerk advised that after the
agenda was printed, two letters were
received from Gordon Kilmer, Kilmer
Enterprises, dated November 5 and 12,
1991. In addition, a letter was
received from TG, Inc., offering to post.
a $50,000 performance bond prior to
first year of operation.
The City Clerk further reported that
letters were also received from Mr. &
Mrs. Matta of Matta's Mexican - American
restaurants, supporting the bid proposal
of TG, Inc., and from Sandy Nichols, in
support of retaining Kilmer Enterprises
as the concessionaire at Corona del Mar
_
State Beach..
The ' City Manager noted that bid
proposals were received from prospective
operators on October 21, 1991 by the
City Clerk, and the City Attorney's
office has determined that all bids are
responsive to the Notice to Prospective
Concessionaires, which Notice indicates
that criteria for making the award will
include, but not be limited to, the
following:
1. Past experience and
performance in operating
similar food and beverage
rental concessions.
2. Financial reliability.
3. Monetary return to the City.
Using the above criteria, the City
Manager referenced an analysis of the
top two bids as enumerated in the staff
report, noting that the monetary return
to the City by the two top bidders is as
follows:
1. TG, Inc.
488 of gross sales to
$225,000.00
408 of gross sales exceeding
$225,000.00
2. Kilmer Enterprises
458 of gross sales
Volume 45 - Page 337
MINUTES
"91i�
PB &R /CdM
Beach
Concession
COLMIL MEMBERS
i- ; a"
CITY OF NEWPORT BEACH
November 12, 1992.
Volume 45 - Page 338
MINUTES
?B &R /CdM
leach
:oncession
The City Manager also noted that the
City Council shall be the sole judge of
the best qualified bidder and will
determine who shall be granted the
concession agreement. The City Council
also reserves the right to reject any
•
and all proposals.
Council Member Hart referenced the
additional letters received from the two
respective bidders offering to "sweeten
the pot" so -to -speak after their bid
proposals were submitted, and questioned
whether or not the items mentioned in
the letters should be made part of the
Council's consideration in awarding the
subject contract.
The City Attorney advised that the
Council should not consider any proposal
not contained in the concessionaire's
bid submitted on October 22, 1991.
Jack L. G:riffitts and Terry Tuchman,
representing TG, Inc., addressed the
Council in support of their bid
proposal. They stated they did not
believe the food offered at the Corona
del Mar Beach stand is competitive, or
equal to what is served locally; the
selection is far too limited; the prices
are too high and the food is not good
quality. They plan to increase the
quality of the food by using fresh food
products; increase the limited menu by
adding fresh sandwiches, low -fat yogurt,
barbecued items, etc. Theyy also intend
to improve the marketing by contacting
local clubs, organizations, etc., who
hold events at the site. They have a
strong desire to succeed and will make
the City proud if they are awarded the
contract. The Tuchman family has been
in the retail food, catering, and
concession business for over 35 years.
Gordon Kilmer, Kilmer Enterprises,
addressed the Council in support of his
bid proposal and stated he hoped the
Council would find him the best
qualified bidder based on the criteria
enumerated in the staff report. He read
a prepared statement which, in part,
stated he is financially responsible as
reflected :in his financial statement; he
has been the current operator of the
concession stand for the past 22 years;
he has never made a late payment to the
City; his operation has recently
received high ratings from the Orange
County Health Department and from the
State Department of Parks & Recreation;
he has never had a complaint about the
operation :from adjoining residences, and
he has never received a complaint from
the City of Newport Beach, County of
Orange or the State. In conclusion, he
felt his experience far outweighs the
•
other factors involved, and he would
urge the Council to award the concession
agreement for the next five years to
Kilmer Enterprises.
Volume 45 - Page 338
MINUTES
?B &R /CdM
leach
:oncession
s" .'a1r.?a l
R—;"
E
is
Motion
X,
x
CITY OF NEWPORT BEACH
November 12, 1991
In response to questions raised by
Council Members, Mr. Kilmer stated he is
on the premises seven days a week from
9 a.m. to 6 p.m. during the busy season.
He stated that they will add requested
food items to the menu. He also feels
the quality of his food is the "best
money can buy," and as a result, he has
even initiated a "satisfaction
guaranteed" policy. He stated he has
invested $81,937.40 in restaurant
equipment over the past 22 years.
David Diffley, 1 San Mateo Way,
addressed the Council in support of the
bid submitted by Kilmer Enterprises. He
stated that as a teenager he worked at
the Corona del Mar Beach concession
stand, which he felt was a very
"positive" and learning experience. He
felt that Gordon Kilmer was a good and
fair boss, and that he should be awarded
the concession agreement.
Don Swanson, addressed the Council and
stated he went to school with Gordon
Kilmer, and that his son now works for
Mr. Kilmer at the concession stand. He
stated that Gordon has always been
interested in the community; that he is
very conscientious, and that he felt he
would be an asset to the City if he is
allowed to continue the concession
operation.
Gloria Matta Tuchman of TG, Inc.,
addressed the Council in support of
their bid. She stated their family has
been in the food business for almost 40
years, and that if they are awarded the
concession, she will work very closely
with the operation. She stated that the
City Council should not be afraid to
award the contract to a new bidder, as
they are very experienced in the areas
of retail food, catering and concession
business. She stated she is also
interested in nutrition, and feels that
new food items should be offered due to
the decline in food quality at the
concession stand.
Council Member Cox stated that he has
had conversations with both bidders
about their operation; however, when he
met with TG, Inc., the discussion
constantly went to criticizing Mr.
Kilmer. He stated he felt the
experience Mr. Kilmer has gained over
the years is a definite consideration
and one that is very significant. He
also felt Mr. Kilmer would provide the
City with a more "confident" return to
the City in terms of his experience and
revenues, and therefore, moved to
authorize the Mayor and City Clerk to
execute an agreement with Kilmer
Enterprises, Inc.
Volume 45 - Page 339
MINUTES
PB &R /CdM
Beach
Concession
(38)
CITY OF NEWPORT BEACH
>.
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V.
November 12, 1991
All Ayes
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IND(
Discussion ensued, wherein other Council
Memb'nrs expressed their support for
Kilmer Enterprises, Inc., due to past
lack etc.,
experience, of complaints,
and following consideration, the motion
was voted on and carried.
Meeting adjourned at 9:00 p.m.
Yr Yr xr ik Ye Yr * * fr �k etr at is
The agenda for this meeting was posted
on November 7, 1991, at 8:05 a.m., on
the City Hall Bulletin Board located
outside of the City of Newport Beach
Administration Building.
Mayor
ATTEST:
Poo�T
City Clerk e
O tc+
U
Cq -I FO VL
Volume 45 - Page 340
IND(