HomeMy WebLinkAbout03/22/1993 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
V ik�O� REGULAR COUNCIL MEETING
PLACE: Council Chambers
%\A \S TIME: 7:00 P.M.
DATE: March 22, 1993
Present Ix Ix Ix Ix Ix Ix J x J ROLL CALL
Motion x
All Ayes
Ayes x
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Reading of Minutes of Regular Meeting of
March 8, 1993, was waived, approved as
written, and ordered filed.
Reading in full of all ordinances and
resolutions under consideration was waived and
the City Clerk was directed to read by titles
only.
PUBLIC HEARINGS
Mayor Turner opened the public hearing
concerning USE PERMIT NO. 3476 - REQUEST
TO PERMIT THE CONTINUED OPERATION OF AN
EXISTING INDEPENDENT MASSAGE
ESTABLISHMENT on property located in the
M -1 -A District. The proposal also
includes a request to waive the location
requirement which requires that
independent massage establishments be at
least 500 feet from another independent
massage establishment; located at 4301
Birch Street on the northwesterly side
of Birch Street, between Dove Street and
MacArthur Boulevard, across from the
Newport Place Planned Community.
Report from the Planning Department with
attachments and appeal application of
Candice H. Nguyen.
Robin Flory, Assistant City Attorney, in
response to issues raised in the subject
appeal, summarized as follows:
"With regard to proper
notification of hearing prior to
enactment of Ordinance No. 92 -2,
the notice that was provided,
other than the published notice
that was required by the Municipal
Code, was given to each of the
individual operators prior to the
time the Planning Commission met.
In that same notice, the operators
were also advised of a meeting to
be held with staff to discuss the
proposed ordinance. In addition,
copies of the ordinance were
mailed to all operators who had
requested same. Both the Planning
Commission and City Council held
public hearings on the ordinance
and many of the massage operators
were represented by Counsel at
those hearings.
"Chapter 20.68 of the Municipal
Code which requires the use permit
provisions, was adopted on
February 24, 1992 and effective
March 25, 1992. The ordinance
provides certain zoning districts
where massage establishments can
operate and a location restriction
that they cannot be within 500
feet of one another without
approval of a waiver. The
ordinance also provides one year
for all of the existing businesses
to terminate or come in compliance
with the ordinance.
Volume 47 - Page 41
MINUTES
INDEX
U/P 3476
Massage
Appeal/
4301 Birch
(88) —
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
March 22, 1993
ROLL CRLL
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MINUTES
T\RICY
"Pursuant to Municipal Code
4301 Birch
provisions contained in Chapter
20.68, the City is not required to
provide notice to the current
owner of prior acts, but it should
be noted that the applicant under
consideration in this hearing, was
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on notice for the use permit
requirement as well as the one
year requirement to come into
compliance.
"It has been raised that the
purpose of the ordinance is to put
massage establishments out of
business; however this is not
true, and Section 20.68.005
clearly sets forth the intent of
the ordinance. Information
regarding prior activities at a
massage establishment is available
for the asking from the License
Division or the Police Department,
and anyone who is going to
purchase a massage business would
want to exercise due diligence.
"It is up to the City Council to
determine the extent to which the
information provided constitutes
sufficient notice to the applicant
and whether or not those prior
activities affect the current
operation of the business."
George Grove, Attorney for the
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Applicant, 7095 Hollywood Boulevard,
Suite 773, Hollywood, stated that the
principle issue which he is concerned
about deals with proper notification.
It is true that there is no Code
requirement which states that the City
must give an operator notice of prior
activities in a particular location,
however, he felt the City is attempting
to impose strict liability on the
applicant that that party must know what
happened before. The applicant under
consideration (as well the the applicant
in public hearing No. 2) was not
involved in any prior commission of act,
had no knowledge of any prior commission
of act and do not condone such acts. The
City was aware at the time this
particular applicant applied for a
license that there were prior acts at
this location, and if the City wanted to
deny the application at that time, they
could have done so. With respect to the
current technicians who work for the
subject applicant, he stated that they
are all permitted and licensed. He
referenced a letter written to Revenue
Manager Glen Everroad dated February 11,
1992 regarding notification, and stated
that if the City is going to allow
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businesses, but require that the
applicants of those businesses have
knowledge of prior activities conducted
at those establishments, he felt that
was an overburden on the part of the
applicant.
Volume 47 - Page 42
CITY OF NEUORT BEACH
COUNCIL MEMBERS
C�
CRLL s' March 22, 1993
ROLL
MINUTES
TNTIFY
Mr. Grove further stated that if the
4301 Birch
City does not want the business because
of prior conduct, then why does the City
allow the applicant to obtain a business
license to operate the establishment,
and then deny the applicantion at a
later date because the operator is
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attempting to comply with the new law
relating to use permit application. To
deny the subject applicant a privilege
to operate would be a violation of
constitutional rights in his opinion.
With respect to Asiatic applications,
Mr. Grove commented that out of 23
applications, there were 12 of Western
descent and 11 of Asiatic descent, and
that no Western applications were
denied, but 3 Asiatic's were denied.
The denials of the Asiatics were based
upon alleged acts similar to acts which
occured in Western applications as well,
and he would question the Planning
Commission's approval of the Western
applications. With regard to the SP -6
zone which came into effect at the same
time Chapter 20.68 became effective, he
stated there were 3 Asiatic massage
establishments in operation, but as a
result of the SP -6 zone, they are now
out of business, as well as more than
50% of the Asiatic operators are out of
business.
Mr. Grove stated that until January
1993, the City provided massage tests in
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a translated version to Asiatics. Nov,
a translator must be hired by the
massage applicant, and it is his
understanding that this change in
testing came as a directive from the
Police Department. He suggested that if
there are translated versions of the
massage test available, they should be
given to the Asiatics, thus saving the
applicant the expense of a translator.
It is also his understanding that the
Clerk's office has been calling some of
the operators requesting proof of
malpractice insurance as a requirement
of the Municipal Code which, in his
opinion, is not the case after reading
the ordinance.
Assistant City Attorney stated that when
a new massage operator comes in to apply
for a license, the City cannot deny that
permit under the Code regulations,
unless it is based upon one of the
enumerated provisions in the Code. The
activities that occurred before that
with regard to the regulatory ordinance
are not one of those reasons.
In response to inquiry by Council Member
De ay, Mr. Grove stated that if an
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applicant were being brought before the
City Council with a violation of 647(b)
(prostitution), and there was a
conviction, the Council has every right
to revoke that applicant's license and
use permit; however, he does not feel
this is the situation in the application
under consideration.
Volume 47 - Page 43
COUNCIL MEMBERS
MWO' N\\CqL
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CITY OF NEWPORT BEACH
March 22, 1993
In reply to question raised by Council
Member Hedges, Mr. Grove stated that the
subject applicant took over the massage
business at 4301 Birch Street in July
1992, and that no one has been convicted
of prostitution since that July 1992
date; however, he does not deny that
there were parties arrested for
prostitution prior to that date under a
different ownership. The present
employees are all permitted and licensed
and none of those employees have ever
been convicted of prostitution.
Revenue Manager Glen Everroad, addressed
the Council and stated that to his
knowledge, following a criminal history
investigation, none of the current
massage technicians employed by the
subject applicant have ever been
convicted of prior prostitution.
Paul Ingels, 2405 Glendale Boulevard,
#217, Los Angeles, addressed the Council
and stated that he was a private
investigator hired by Mr. Grove to do a
preliminary investigation of the massage
establishments in the SP -6 zone (portion
of Cannery Village). He stated that
following his survey of the massage
businesses which were zoned -out, it was
his feeling the City is targeting
against Asiatics. Also, following a
record search of certain Council
Members, it was indicated there could be
some Council Members who may have a
business or financial interest in the
zoned -out area. In addition, regarding
the massage technician test given by the
City, he received information from the
Revenue Department that the instructions
to give the test in English only was
ordered by the Police Department.
The Revenue Manager advised that the
testing conducted by their office for
massage technicians since 1987, provided
that an applicant could bring a court
certified translator to the testing
process. In 1987 when they began the
testing, the intent was to confirm that
an applicant for massage had received
the training they represented they had
received by way of diploma and
transcript from a State certified
school. There are currently three State
certified schools of massage that are
under investigation for selling
diplomas, and as a result, about six
months ago, his office began revisions
to the test which was prepared by a
national certification examination
committee. The reason the new test was
not provided in Vietnamese or Korean is
because the previous test cost the City
$1200 for translation into Korean, and
translation into Vietnamese was somewhat
higher. They have not precluded access
to translators by the massage
applicant's. He also noted that the
Police Department has absolutely nothing
to do with the testing process.
Volume 47 - Page 44
MINUTES
4301 Birch
COUNCIL MEMBERS
MR0\1 VM*\k
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CITY OF NEWPORT BEACH
March 22, 1993
With regard to the Revenue Division
producing documentation to applicants
for massage operator permits, the
Revenue Manager stated this is done
freely, and pursuant to the Public
Records Act. In November 1991, their
office did transmit to 43 massage
establishments thoughout the City,
notification of proposed revisions to
Chapter 5.50 (Massage) and that a new
chapter to Title 20 was going to be
discussed. Several meetings were held
with the industry, as well as their
counsel, in the development of Title 20
regulations. With regard to malpractice
insurance as referenced by Mr. Grove, he
stated it is the Revenue Division who
collects insurance requirements (not the
City Clerk's office), and since 1986
they have required evidence of liability
insurance covering acts conducted by
massage service and not malpractice
insurance.
In response to question raised by
Council Member Hedges regarding Finding
for Denial No. 4, the Assistant City
Attorney advised that there had been a
typographical error and that the Finding
should read:
"On June 11, 1992, nine months
subsequent to the warrant, and
three months subsequent to the
effective date of Ordinance No.
92 -5, another undercover operation
resulted in arrest for
solicitation of prostitution."
Regarding Finding for Denial No. 8, the
Assistant City Attorney stated that the
technician license referenced in this
Finding expired in July 1992 and is not
currently employed by the current
applicant.
Sgt. Doug Thomas, Newport Beach Police
Department, addressed the Council and
stated that Asians are not being
targeted against as alluded to in
previous testimony, and that most of the
22 massage parlors within the City that
they are concerned about are Asian
staffed. He stated that everytime there
is trouble, massage operators change.
They have not been in the subject
business since June 1992; also, the
Police Department has nothing to do with
the massage testing process.
Hearing no others wishing to address the
Council, the public hearing was closed.
The Assistant City Attorney stated that
the report from the Planning Department
shows that 30 of the massage
establishments in the City are required
to obtain a Use Permit under the new
Ordinance No. 92 -5. As of this date, 23
Use Permit applications have been filed;
19 have been approved; 2 have been
denied and 2 are pending. Of the 23
applications filed, 12 of those approved
Volume 47 - Page 45
MINUTES
INDEX
4301 Birch
CITY OF NEWP0RT BEACH
[� o 1ll[1Ji =W1dWyl:l:[:�.�
S' March 22, 1993
ROLL CRLL
MINUTES
INDEX
are of Asian descent. The Planning
4301 Birch
Commission also approved a one -year
extension for each of the three massage
establishments located in the SP -6 zone.
The purpose for the SP -6 zoning was
because the area is a mixed - residential
use.
on
x
Mayor Turner stated that this particular
massage establishment is in his
Councilmanic District; he has seen it
grow over the past few years, and he
does not buy the allegation that the
City is targeting Asians. There is also
no question that this business has had
a history of arrests for prostitution,
and as a result, he will not support the
appeal for a Use Permit. Therefore, he
moved to sustain the decision of the
Planning Commission and deny the appeal,
based on the Findings for Denial as
revised In the foregoing.
Council Member Debay stated that having
been on the Planning Commission when the
subject ordinance was developed, it was
her understanding that the reason the
Commission went through this procedure
was so that a Use Permit could be put in
place, and if a massage technician or
operator were convicted of prostitution,
the City could revoke the Use Permit and
put the establishment out of business.
She stated she felt she must vote to
grant the Use Permit, but she must
caution the applicant that if the Use
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Permit is violated and the applicant is
convicted of prostitution, that Use
Permit will be revoked.
Motion
x
Council Member Hedges moved a substitute
motion to defer action on this item
until additional information is received
relative to the transfer of ownership of
this subject business.
The City Attorney stated that the City
Council is limited to the information in
the record and of any testimony
presented this evening, and he would
encourage the Council to not speculate
as to the nature of the transaction
which caused the present applicant to
come into ownership of the business,
unless the City were able to prove there
was some connection between the current
owner and prior owner which has not been
done.
In view of the foregoing, the substitute
motion was withdrawn.
Ayes
x
x
x
x
x
x
The motion made by Mayor Turner was
Noes
x
voted on and carried.
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2. Mayor Turner opened the public hearing
U/P 3478
concerning USE PERMIT NO. 3478 - REQUEST
Massage
TO PERMIT THE CONTINUED OPERATION OF AN
Appeal/
EXISTING INDEPENDENT MASSAGE
4222 Campus
ESTABLISHMENT on property located in the
(88)
M -1 -A District. The proposal also
includes a request to waive the location
requirement which requires that
Volume 47 - Page 46
COUNCIL MEMBERS
O,
:WILW L 1
CITY OF NEWPORT BEACH
March 22, 1993
MINUTES
Volume 47 - Page 47
INDEX
4222 Campus
independent massage establishments be at
least 500 feet from another independent
massage establishment; on property
located at 4222 Campus Drive, on the
southeasterly side of Campus Drive
between Dove Street and MacArthur
Boulevard, across from the John Wayne
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Airport.
Report from the Planning Department with
attachments and appeal application of
Myong Cha Drake.
Assistant City Attorney Robin Flory
requested the record show that her
introductory comments made in the
foregoing hearing will also apply to
this public hearing.
George Grove, Attorney for the
Applicant, 7095 Hollywood Boulevard,
Suite 773, Hollywood, stated that in the
previous hearing, it was mentioned that
the SP -6 zone implementation was made to
keep massage establishments out of
residential areas, which he felt was not
entirely accurate, inasmuch as there is
a western massage establishment in the
APF zone which also includes residential
properties. He stated the comments he
would make regarding the subject
applicant are the same as set forth in
the previous public hearing where the
applicant is being charged with the
liability of acts which occurred prior
to the applicant taking over the
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operation of the business. To deny this
applicant a Use Permit based on previous
conduct not under her jurisdiction is
nobnoxious" to the Constitution and to
him.
In response to question raised by
Council Member Hedges, Mr. Grove
indicated that possibly some massage
establishments could be fronts for
prostitution, but he did not feel these
types of businesses should all be lumped
into one category, but rather dealt with
on a fact -by -fact determination. If in
fact this particular location were a
front for prostitution prior to the time
the new owner took over the business,
then the operation should have been shut
down by the City at that time. He
reiterated that he felt his client
should not be punished for prior
improper activies conducted at this
location.
Council Member Debay noted for the
record that when this subject matter was
considered by the Planning Commission,
there was no discrimination against
Asians from the Commission's standpoint.
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Hearing no others wishing to address the
Council, the public hearing was closed.
The Assistant City Attorney pointed out
that two massage technicians who worked
for the previous owner at this location
still have active permits which have not
been returned to the City, and the City
Volume 47 - Page 47
INDEX
4222 Campus
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
Rill l ( R \ \�� \\ �o� \\ March 22, 1993
MINUTES
TNTIFY
has not received notice from the
4222 Campus
operator that they have been terminated
and no longer work at this location.
Mr. Grove stated that the above
referenced technicians do not work for
the applicant under consideration; the
applicant does not have their permits,
nor does she intend to ever hire them
back.
Motion
x
Hearing no additional remarks, Mayor
Turner moved to sustain the action of
the Planning Commission and deny the
subject appeal, based on the Findings
for Denial contained in the staff
report, and requested the record reflect
his same comments for opposing this
appeal as enumerated in the previous
hearing.
Council Member Debay stated she will
also vote against this motion for the
same reasons as stated in the foregoing
hearing.
Ayes
x
x
x
x
x
x
The motion was voted on and carried.
Noes
x
PUBLIC COMMENTS
1. The following persons addressed the
NOW /Sexual
Council regarding sexual harassment in
Harassment
the workplace and violence against
women, particularly in the Newport Beach
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Police Department:
Lisa McClanahan, Coordinator of Bayview
NOW
Helena Roberts, resident of Santa Ana
Billie Jean Thompson, member of Bayview
NOW
Tamara Mason, Chairman of NOW
Richard Riggs, resident of Newport Beach
Anita Astorga, 28001 Via Del Agua,
Laguna Niguel
Some of the concerns of the above
speakers were; 1) their desire for
freedom from discrimination, violence
and sexist terrorism, 2) how long it
took the City to implement an anti -
sexual harassment training program, 3)
Council Members' comments regarding the
sexual harassment issue for the past
seven months to the media, 4) the fact
that no fair offers have been made to
the plaintiffs, 5) the_ need for a
comprehensive sexual harassment policy,
and the importance to respond in a
proper manner to claims of sexual
harassment, and 6) that women be
actively recruited in the search for the
new Police Chief, and that the interview
panel that selects the new Chief include
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even numbers of men and women.
Capt. Jim Jacobs, Acting Chief of
Police, spoke in response to this issue,
and said the Newport Beach Police
Department met with NOW and thought they
had reached an agreement on most issues;
Volume 47 - Page 48
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
MINUTES
March 22, 1993
Volume 47 - Page 49
and therefore, he was surprised at the
speakers' comments. He said that he and
the Police Department are committed to
a workplace free of discrimination.
Mayor Turner commented that he has been
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very much involved in this issue since
it broke in September 1992, and he has
followed it very closely. However,
because of the lawsuits pending, he is
not in a position to disclose everything
that has taken place. The City has gone
out of its way to find out what the
facts are and it will continue to do so.
The City also has a sexual harassment
policy that was adopted in 1987 and an
anti - sexual harassment training program
is coming to all employees.
Council Member Sansone commented that
the day the sexual harassment
allegations appeared in the newspaper,
he contacted staff at City Hall to see
the complaints, but found that the women
involved had chosen to contact the media
first.
Council Member Debay commented that as
soon as she was seated on the City
Council in November 1992, she was
informed in full of this issue, and
since that time, it has been the No. 1
priority for the Council. She stated
they have all spent a great deal of time
reading up on this matter, as well as a
vast amount of hours discussing the
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subject in closed session. She also
felt that the comments quoted earlier by
Ms. Thompson were taken out of context
by the newspapers.
The City Manager gave a brief overview
of this issue for the benefit of those
not familiar with this case, noting that
in late August 1992, he received a
request for an independent investigation
by two female members of the Police
Department into allegations of sexual
harassment. An investigator was hired
and authorized to proceed within days
after this request. With respect to the
comments he made to the newspaper
regarding this issue, he felt they have
been taken out of context. He finds the
subject of sexual harassment very
disturbing, and no woman or man should
have to put up with it in the workplace.
With respect to the training program,
our first session will be on April 6.
Regarding the recruitment of a new
Police Chief, the Civil Service Board is
actively involved in this process and he
has met with them to discuss the
qualities the City is looking for in the
candidates.
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Council Member Hedges stated he felt the
Council's actions on this matter speaks
loud and clear, and from his standpoint,
he is not going to "rant or rave" about
an issue that is in litigation.
Volume 47 - Page 49
COUNCIL MEMBERS
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Motion
All Ayes
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x
CITY OF NEUORT BEACH
March 22, 1993
Dolores A. Otting, representing 5 Star
Rubbish, Costa Mesa, addressed the
Council and announced that tomorrow the
Board of Supervisors will be considering
the General Aviation Master Plan Study
for the Redevelopment of the General
Aviation Facility at John Wayne Airport.
She also distributed a copy of a map
depicting Works of Improvements -
Assessment District No. 92 -1 (Newport
Ridge), which was approved by the County
last week, and is an area which she felt
would sometime be annexed by either
Newport Beach or Laguna Beach. She
stated the area of concern is that the
County is proposing to build a wall that
backs up to Coyote Canyon to help
alleviate odor and the methane gas. She
felt that if Newport Beach were to annex
this land, she would suggest the
liability issue be investigated
thoroughly.
CONSENT CALENDAR
The following items were approved except for
those items removed.
ORDINANCES FOR 11MODUCTION
Pass to 2nd reading on April 12, 1993:
Removed from the Consent Calendar.
RESOLUTIONS FOR ADOPTION
Resolution No. 93 -12 requesting LAFCO TO
APPROVE THE SEAWARD 17 ANNEXATION AND
DESIGNATING THE TERRITORY AS UNDEVELOPED
PROPERTY PURSUANT TO THE MASTER PROPERTY
TAX TRANSFER AGREEMENT BETWEEN THE
COUNTY OF ORANGE AND THE CITY OF NEWPORT
BEACH. [Report from the Deputy City
Manager]
5. Resolution No. 93 -13 supporting FEDERAL
LEGISLATION ENDING THE PRACTICE OF
IMPOSING UNFUNDED FEDERAL MANDATES ON
LOCAL AND STATE GOVERNMENTS and to
ensure that the Federal Government pays
the costs incurred by those governments
in complying with certain requirements
under Federal Statutes and regulations.
[Report from the Deputy City Manager]
6. Resolution No. 93 -14 authorizing the
submittal of an application to CALTRANS
AND THE CALIFORNIA TRANSPORTATION
COMMISSION FOR THE FUNDING OF THE
PACIFIC COAST HIGHWAY/NEWPORT BOULEVARD
nMMCHANGE LANDSCAPING, BICYCLE AND
PEDESTRIAN FACILITIES PROJECT /1993 -94
TRANSPORTATION ENHANCEMENT ACTIVITIES
FUNDING PROGRAM in accordance with the
Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA). [Report
from the Public Works Department]
CONTRACTSLAGREEMENTS
7. Removed from the Consent Calendar.
Volume 47 - Page 50
MINUTES
INDEX
Wayne
Annexation/
Seaward 17
Res 93 -12
(21)
Legislation
Res 93 -13
(48)
CalTrans/
PCH -Npt
Intrchug
Lndscpg
Res 93 -14
(74)
COUNCIL MEMBERS
6"N
CITY OF NEWPORT BEACH
March 22, 1993
MINUTES
Volume 47 - Page 51
8. Authorize execution of cooperative
OCTA /Bal B1
agreement with ORANGE COUNTY TRANSIT
Rehab /23rd
AUTHORITY for BALBOA BOULEVARD
to 32nd/
REHABILITATION FROM 23RD TO 32ND
STREETS; PLACENTIA AND SUPERIOR AVENUES
Placentia '
REHABILITATION (CONTRACT N0. 2910).
& Superior
[Report from the Public Works
C -2910
•
Department]
(38)
9. CLAIMS - For Denial by the City Manager:
(36)
David Carlos alleging property damage to
Carlos
his truck on March 3, 1993 (between 7
a.m. and 2 p.m.) from explosion of a
transformer or electrical wires where
his truck was parked on Short Avenue and
Newport Boulevard.
Tom and Wanda Flynn alleging that on
Flynn
January 1, 1993, branches from
Eucalyptus tree on City median near 901
Sandcastle Drive in front of their house
fell and caused damage to parked car
belonging to Lene McKee.
Joaquin Garcia alleging claimant's
Garcia
vehicle was struck in the rear by
Newport Beach Police employee at
intersection of South Market Street and
Pierce Avenue in San Jose, Santa Clara
County on September 6, 1992.
Jake Patrick Malloy seeking
Malloy
indemnification from City as a result of
claim filed by Barbara Wright regarding
bicycle accident near Jamboree Road and
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Bristol on August 22, 1991.
Kim McClusky alleging damage to vehicle
McClusky
as a result of gate dropping onto car
when motorcycle Police Officer came on
right side of automobile at the parking
area near Balboa Pier on February 21,
1993.
Jennifer Pearlstein alleging her vehicle
Pearlstein
was damaged by City Police vehicle on
Pacific Coast Highway on February 19,
1993.
Peter James Piper alleging property
Piper
damage as a result of raw sewage
flooding into home at 1521 Kings Road on
December 20, 1992.
Michael Pule alleging City failed to
Pule
monitor the rising water level on
December 12, 1992 at intersection of
Grand Canal and Balboa, resulting in
property damage to his vehicle as the
rising water level (high tide) came up
above the hubs of his vehicle and
entered through the car door seams,
causing electrical shorts throughout the
vehicle.
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Ray Stubbs seeking reimbursement beyond
Stubbs
impound fee as a result of his vehicle
towed in error on September 11, 1992.
Volume 47 - Page 51
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
March 22, 1993
The following represent claims for
reimbursement of back pay allegedly as a
result of having to report for duty 30 minutes
earlier than regular Police Department shift
time for:
Don Richard Burdsall, Heil Harvey, Paul
K. Henisey, Richard T. Long, and Charles
"Todd" Wilkinson.
10. PERSONNEL VACANCIES - For approval:
[Memorandum from the Personnel
Department]
Removed from the Consent Calendar.
STAFF AND COMMISSION REPORTS
For Council information and approval:
11. Removed from the Consent Calendar.
12. Memorandum from Public Works/Traffic
Engineering, regarding amendment to
Council Policy S -1, ADMINISTRATIVE
PROCEDURES FOR IMPLEMENTING THE TRAFFIC
PHASING ORDINANCE.
13. Removed from the Consent Calendar.
14. Memorandum from the Deputy City Manager
regarding authorizing the Mayor and City
Clerk to execute leases for CITY -OWNED
TIDELANDS ABUTTING RESIDENTIAL TATS AT
16 HARBOR ISLAND AND 36 HARBOR ISLAND.
For Council information and filing:
15. Removed from the Consent Calendar.
16. RESUBDIVISION NO. 989 - Accept the offer
to release and relinquish all access
rights to Avocado Avenue to the City of
Newport Beach; located at 7 Corporate
Plaza, on the northwesterly side of
Avocado Avenue, between East Coast
Highway and Farallon Drive, in the
Corporate Plaza Planned Community.
[Report from . the Public Works
Department]
17. NEWPORT PIER AND BALBOA PIER REPAIR AND
ELECTRICAL SYSTEM REPLACEMENTS (CONTRACT
Ho. 2877) - Approve the plans and
specifications; and authorize the City
Clerk to advertise for bids to be opened
at 11:00 A.M. on April 14, 1993.
[Report from the Public Works
Department]
18. ENCROACHMENT AGREEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PRIVATE IMPROVEMENTS
WITHIN THE SECOND AVENUE PUBLIC RIGHTS -
OF- WAY ADJACENT TO 500 AVOCADO AVENUE,
CORONA DEL MAR - Approve the application
subject to conditions in the staff
report; and City Clerk to have the
agreement recorded with the Orange
County Recorder. [Report from the
Public Works Department]
Volume 47 - Page 52
MINUTES
PD
Council
Policy S -1
(69)
16/36 Har-
bor Is/
Tidelnds
Leases (73)
Resub 989
(84)
Npt /Balboa
Pier Rpr
C -2877
(38)
Permit /500
Avocado
(65)
COUNCIL MEMBERS
•
•
IN
CITY OF NEWPORT BEACH
March 22, 1993
19. ADOPTION OF PLAN PREPARATION AND PLAN
CHECK GUIDELINES - Approve the use of
ASCE Plan Preparation and Plan Check
Guidelines in processing plans and
specifications for public works
improvements. [Report from the Public
Works Department]
20. HARBOR PERMIT APPLICATION 113 -503 -
Approve, subject to conditions in the
staff report, request by Bud's Landing
at 503 Edgewater for an exception to the
Harbor Permit Policies regarding signs.
[Report from the Marine Department]
SPECIAL EVENTS APPLICATIONS - Uphold staff's
recommendation to approve the following
applications (attached with reports from the
Revenue Manager), subject to conditions in the
staff report:
21. Application 93 -046 by the Rancho del mar
District of the Boy Scouts of America
for use of amplified sound at the
Castaways site, between Dover Drive and
Upper Newport Bay, Saturday, April 17,
1993 from 7:00 - 9:00 p.m.
22. Application 93 -051 by the Newport Mesa
YMCA Indian Guides for use of amplified
sound at Buffalo Hills Park, Sunday,
March 28, 1993, from 12 Noon - 3:00 p.m.
23. Application 93 -079 by David Schultz of
D 6 D Farms to operate a strawberry
produce stand at the corner of Dover
Drive and 16th Street, from March 25 -
July 15, 1993, seven days a week, from
8:00 a.m. - 5:00 p.m.
24. COUNCIL TRAVEL AND EXPENSE CLAIM -
Approve travel expense claim for Council
Member Hart in the amount of $235, to
attend Governor Wilson's meeting in
Sacramento, March 8, 1993.
25.
RA-022, $4,500 - Increase Budget
Appropriations to provide for the
completion of the R/UDAT STUDY; Planning
Department /Professional Technical
Services account fund.
BA -023, $2,835 - Increase Budget
Appropriations to provide for special
refuse collection for HARBOR VIEW HOMES;
General Services Refuse Collection fund.
[Memorandum from the General Services
Director]
BA -024, $46,000 - Increase Budget
Appropriations to INSTALL METERS in the
median of Balboa Boulevard between
Alvarado and 15th Streets; Public Works -
Capital Projects fund. [Memorandum from
Offstreet Parking Committee]
BA -025, $50,000 - Increase Budget
Appropriations to provide for the
AIRPORT CONTROL GROWTH FOND; Non -
Departmental fund.
Volume 47 - Page 53
MINUTES
PW /Plan
Prep -Plan
Check Guide
lines
(74)
Harbor
Permit Apl
113 -503
(51)
Revenue/
License
Spcl Evnts
Apl
(27)
Apl 93 -046
Apl 93 -051
Apl 93 -079
Council/
Trvl /Expns
(33)
(40)
GS /Spcl
Trash P/U
(44)
Offstreet
Parking
Meters
(85)
COUNCIL MEMBERS
I :
so XL%
•
Motion
All Ayes
•
•
go
WE
CITY OF NEWPORT BEACH
March 22, 1993
ITEMS REMOVED FROM THE CONSENT CALENDAR
Agenda Item No.
3. Report from the Revenue Manager /Finance
Department & Supplemental report after
the agenda was printed regarding
introduction of proposed ORDINANCE,
being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING SECTIONS 5.13.020,
5.13.040, 5.13.070, 5.13.100 AND
5.13.150 OF CHAPTER 15.13 AND
SECTIONS 5.15.020, 5.15.040,
5.15.070, 5.15.100, 5.15.110 AND
5.15.120 OF CHAPTER 5.15 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO OPERATION OF TOW
TRUCES AHD OFFICIAL POLICE TOW
SERVICES.
Council Member Hedges moved to refer
this item to the Budget Committee for
report back on April 12, 1993.
Jody Campbell of Harbor Towing,
addressed the Council and stated he had
no objection to postponing this item for
three weeks.
The motion was voted on and carried.
13. Memorandum from the Parks, Beaches and
Recreation Director recommending that
PARRS, BEACHES AND RECREATION COMMISSION
decision be upheld to remove the Star
Pine planted in the public right -of -way
street end at M Street, together with
copy of letter from DuWayne and Elma
Ringstad in support of the Lindsays
appeal.
The City Clerk advised that after the
agenda was printed, the following
letters were received:
Lou Enriquez, 2105 Miramar Drive,
in support of the appeal.
Mrs. Annette Lindsay, appellant,
requesting this item be continued
to April 12, so that she can be
represented by her attorney.
Mr. & Mrs. Connolly, 2061 Ocean
Boulevard, requesting this matter
be acted upon at this time,
inasmuch as their legal counsel
will be present.
Cynthia Beck Paulsen, Attorney for the
Connollys, 2061 Ocean Boulevard,
appeared before the Council in favor of
removing the star pine tree planted in
the right -of -way at the street end of M
Street and Ocean Avenue. She stated
that Ms. Lindsay, her client's neighbor,
installed and maintained all the
landscaping at the subject street
without a City permit and are in
Volume 47 - Page 54
MINUTES
INDEX
Tow Truck
Ordinance
(27)
PB &R /M St
Star Pine
(62)
COUNCIL MEMBERS
I I N. WE %. VE
0
Motion
All Ayes
•
is
X
CITY OF NEWPORT BEACH
MINUTES
March 22, 1993
violation of the City's Local Coastal PB &R /M St„
Program. Further, Council Policy L -10 Star Pine
requires that any improvement in a
public right -of -way must be made
pursuant to a City permit. Lastly, the
star pine tree interferes with her
client's view, as well as the view of
the public. As a result, she urged that
the Council uphold the decision of the
Parks, Beaches 6 Recreation Commission
and direct that the star. pine tree be
removed.
Leonard Connolly, 2061 Ocean Boulevard,
addressed the Council and stated that
when he purchased his home five years
ago, the star pine tree had not been
planted, so in essence, it was not
already there when he moved in.
In view of the request for continuance
by Ms. Lindsay, motion was made by Mayor
Turner to continue this item to the
April 12, 1993 Council meeting.
10. Report from the Personnel Department Personnel
recommending approval of One Internal Vacancy
Review Technician to fill a new position (66)
in the Finance Department.
Frank H. Clarke III, Purchasing Manager
for the City, addressed the Council and
stated that during his employment he has
attempted to save tax payer dollars in
the purchasing of items for the City;
however, he was notified a few weeks ago
that he is one of the employees on the
layoff list. He has a 4 -year Bachelor's
Degree and completed a Purchasing
Executive Program at UCLA, and does not
think the proposed Internal Review
Technician in the Finance Department is
needed. He stated he also learned last
week that the City is proposing to add
a Purchasing Clerk to his office, but at
the same time eliminate his position.
In essence, two positions are being
added and one position deleted; the net
cost to the City being $16,000 per year.
He recommended that the Internal Review
Technician position be put on hold for
at least three to four months until the
projected budgetary situation is
solidified; thereby giving the employees
who are being laid off the opportunity
to apply for these new positions.
Mayor Turner advised Mr. Clarke that
City employees will be given the
opportunity to compete for the above
position.
Dennis Danner, Finance Director, stated
that the City is beginning its budget
review process and there will be a great
deal of difficult decisions to make over
the next month for the staff, as well as
for the City Council. In attempting to
reduce City expenditures, he has looked
at a lot of areas; one of them being the
reorganization of the department to
become more efficient. Purchasing is a
disbursed function at a number of
Volume 47 - Page 55
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL CfL
s' \\J March 22, 1992
MINUTES
TNr FY
locations and he felt it was the
Personnel
opportune time to combine several
Vacancy
functions and make more efficient use of
that time. With regard to the proposed
Internal Review Technician, he felt that
inasmuch as the City has been vunerable
to fraud and waste, the intention of
this position is to alleviate some of
that. This position has already been
approved in the current fiscal year
budget, but he has left the position
unfilled until now in order to achieve
some salary savings to help the City's
finances. The position will be open
internally to all City employees, and he
felt there were qualified applicants on
board who could fill the post.
The City Manager also added that the
City Council will be facing a lot of
very difficult decisions in the next few
months as to the future, size, shape,
and style of this organization. With
regard to what is being envisioned in
the Finance Department, it is being
recognized as a 90 million dollar
corporation, and due to the revenue and
expenditures handled and disbursed from
within this department, there are risks
involved. He is, therefore, attempting
to address those risks and believes this
particular position is a key to do that.
Motion
x
In view of the foregoing comments,
A.Ayes
motion was made to approve the
recommendation to recruit for one
Internal Review Technician.
7. Report from the Public Works Department
Npt Central
recommending approval of additional
Library/
ARCHITECTURAL SERVICES FOR CENTRAL
Arch Sry
LIBRARY (Simon -Vegue Winkelstein Moris
C -2778
(SMWM)) -
(38)
Council Member Hedges referenced the
$5,576 being requested for inspection of
slate at quarry, and indicated he felt
the City should not be responsible for
this additional charge. Further, he did
not feel that the Council should approve
the request for $14,000 as an allowance
for anticipated additional services
through end of construction, but
instead, the staff should come to the
Council when the funds are needed and
not before the fact.
Motion
x
In view of the above comments, Council
Member Hedges moved to approve
additional architectural services in the
amount of $100,000.
Motion
x
Mayor Turner moved a substitute motion
to approve this request as presented,
•
stating that having been in construction
most of his life, he knows that no
matter how hard one tries, there are
those additional items that come along
which are not always anticipated, but in
view of the fact that this is an 8 to 10
million dollar project, and it is moving
along, he will support the staff's
recommendation.
Volume 47 - Page 56
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
March 22, 1993
ROLL CRLL
0
Motion
All Ayes
Motion
All Ayes
i
Motion
All Ayes
•
MINUTES
INDEX
Council
Policy F -28
(69)
Planning_
(68)
PCA 777
Drd 93 -2
rrfc /Veh
(85)
PW/1993 -94
CTFndg Prg
(74)
With regard to the $14,000 requested for
allowance for additional services, the
Public Works Director noted that those
funds will not be disbursed unless
authorized through his department.
x
x
x
x
x
The substitute motion was voted on and
x
x
carried.
11. Report from the Deputy City Manager
regarding proposed draft Council
Policy,F -28, ECONOMIC DEVELOPMENT
POLICY.
x
Motion was made by Council Member Hart
to revise paragraph D on Page 3 to read
as follows:
"Consider a public relations plan
including advertising and
editorial placement, partipation
In conferences and trade shows,
media campaign, direct mail and
special events."
15. Report to the City Manager regarding
PLANNING COMMISSION ACTIONS OF MARCH 4,
1993.
x
Motion was made to schedule public
hearing on April 12, 1993 for Planning
Commission Amendment No. 777 relative to
fence heights, etc., and to receive and
file remaining reports.
NOTE: PCA 777 scheduled for study
session discussion on April 12, 1993;
legal noticing has therefore been
postponed for public hearing before the
City Council.
ORDINANCES FOR ADOPTION
26. PROPOSED ORDINANCE N0. 93 -2, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ADDING SECTION 12.24.130 OF THE
NEWPORT BEACH MUNICIPAL CODE
ESTABLISHING 15 MILES PER HOUR AS
THE SPEED I T FOR BACK BAY
DRIVE.
Recycled report dated March 8, 1993,
from the Traffic Affairs Committee.
x
Notion was made to adopt Ordinance No.
93 -2.
CURRENT BUSINESS
27. Report from the Public Works Department
concerning the 1993 /94 COMBINED
TRANSPORTATION FUNDING PROGRAM
APPLICATION.
The Public Works Director stated that
tonight's Council action represents the
start of the first full cycle of the
Measure M, non - freeway, non - transit
transportation funding program, dealing
with local and regional arterial highway
improvements. The application process
envisions a 5 -year planning time frame
Volume 47 - Page 57
INDEX
Council
Policy F -28
(69)
Planning_
(68)
PCA 777
Drd 93 -2
rrfc /Veh
(85)
PW/1993 -94
CTFndg Prg
(74)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
S March 22, 1993
ROLL CRLL
MINUTES
Twry
broken into Tier I and Tier II levels.
CTFndg Prg
With Tier I incorporating the first two
year's projects of specific funding
applications and specific funding
commitments, if approved. Each project
must have completed the bulk of the
preliminary planning and environmental
•
work and essentially be ready to
complete the final engineering work
followed by construction. Tier II is
essentially a planning program in which
projects are proposed for the latter
three years of the five -year program.
The Tier II project concepts are more
flexible than are the Tier I. In future
years, the Tier II projects would be
expected to and be eligible to advance
into Tier I to compete for specific
funding commitments. The application
process does include a new cycle of
applications for an updated five -year
program every two years rather than
yearly.
Steve Badum, Civil Engineer in the
Public Works Department, addressed the
Council and gave an overview of the
portions of Measure M program that the
City is concerned with, and detailed
some of the arterial I project
applications.
Motion
is
Motion was made by Council Member Hedges
to (1) Adopt Resolution No. 93 -15
Res 93 -15
approving the submittal of the CITY'S
1993/94 PROGRAM APPLICATION TO THE
•
ORANGE COUNTY TRANSPORTATION AUTHORITY
for funding under the Orange County
Combined Transportation Funding Program;
(2) Adopt Resolution No. 93 -16
Res 93 -16
supporting the submittal of the SR-
55/SR-73 Freeway Interchange Improvement
Projects to Orange County Transportation
Authority under the ORANGE COUNTY
COMBINED TRANSPORTATION FOLDING PROGRAM
AND THE REGIONAL SURFACE TRANSPORTATION
PROGRAM; and (3) Direct staff to apply
for funding the Orange
under County
Combined Transportation Funding Programs
for the various projects as included in
the City's application package.
In response to question raised by
Council Member Sansone, Mr. Badum
stated that the proposed project,
MacArthur Boulevard /PCH to Ford Road,
does include, as an eligible item,
pedestrian bridge; however, as
stipulated by the EIR, that issue is to
be resolved at the City Council level.
Regarding the MacArthur Boulevard /PCH to
San Joaquin Hills Road project, he
stated the design being proposed in the
next fiscal year includes all of
MacArthur Boulevard from PCH to the
Transportation Corridor, and that this
•
project would be a co -op with the City
of Irvine since Ford Road to the
Corridor is in their jurisdiction. The
plan is to finance the construction of
the first segment, which would be from
PCH to San Joaquin Hills Road, in the
second year of the Tier I program.
Volume 47 - Page 58
COUNCIL MEMBERS
NOVA\Ik`�\&
•
•
All Ayes
•
CITY OF NEWPORT BEACH
March 22, 1993
In reply to inquiry of Mayor Pro Tem
Watt, regarding funding program No. 4,
SR- 55/SR -73 Connector Roads, it was
stated that the CIOSA agreement
contemplates that the funds The Irvine
Company is committed to under that
agreement will be programmed in large
measure determined by the City. That
particular project was one that was
mentioned as being one for which funding
is needed. The incentive for this
particular set of improvements however,
relates primarily to concerns of the
cities of Costa Mesa and Newport Beach
and regional needs as well. The most
appropriate funding is regional funding
(RSTP), but it is felt that the real
responsibility belongs to CalTrans, and
it is hoped that by providing some early
money for both planning and design this
will cause that project to happen. The
other participants in this program are
the City of Irvine, TCA and the County
of Orange, with the bulk of the money
from the RSTP.
Pertaining to MacArthur Boulevard /Smart
Street, the Public Works Director
commented that MacArthur Boulevard is
already designated as a super
street /smart street, but this program is
dramatically underfunded by the portion
of Measure M that is directed to the
super streets. Four other super streets
in the County had advanced the programs
and projects in earlier years ahead of
MacArthur Boulevard, The OCTA has now
adopted a policy whereby there is a
priority for the super street program
and will be given to those four streets
(Imperial Highway, Beach Boulevard,
Golden Lantern, and Moulton Parkway),
which means that MacArthur Boulevard
will not be able to compete in the super
street program, but will be competing in
the MPAH program. Even if MacArthur
Boulevard would have been found to
qualify as a super street, the frontage
contributions of The Irvine Company and
others would have stil been required to
be paid.
Hearing no other comments, the motion
was voted on and carried.
28. Report from the Public Works Department
concerning ENCROACHMENT AGREEMENT FOR
CONSTRUCTION AND MAINTENANCE OF PRIVATE
IMPROVEMENTS WITHIN THE SANTA ANA AVENUE
PUBLIC RIGHTS -OF -WAY ADJACENT TO 3000
CLIFF DRIVE, NEWPORT HEIGHTS.
The City Clerk advised that after the
agenda was printed, a letter was
received from Brion S. Jeannette,
Architect for the applicant, requesting
this item be continued to April 12,
1993.
Volume 47 - Page 59
MINUTES
CTFndg Prg
Encroachmt
Santa Ana/
Cliff Dr
(65)
COUNCIL MEMBERS
Motion
All Ayes
•
•
x
CITY OF NEWPORT BEACH
MINUTES
March 22, 1993
INDEX
Hearing no objections, motion was made
by Council Member Hart to defer action
on this matter to April 12, 1993.
NOTE: The foregoing item has been
resolved in the interim; therefore it
will not be brought back on April 12,
1993.
29. Report from the Offstreet Parking
Balboa Pier
Committee regarding SCHEDULED PARKING
Pkg Lot/
PEE INCREASE AT BALBOA PIER PARKING LOT.
Fees
The City Clerk noted that after the
(40)
agenda was printed, a response to the
above recommendations was received from
the Marine Department, as well as a
letter from Salisbury Enterprises, Inc.,
representing Newport Landing.
Richard M. Edmonston, Traffic Engineer,
noted in his report that the City
Council approved a resolution in
September 1992 which raised the daily
maximum on parking fees for the Balboa
Pier Parking Lot. The approved
resolution calls for increasing the
daily maximum from $6 to $8, effective
3- 27 -93. The proposed increase has been
questioned by some business owners and
three options are presented for Council
action:
Leave fee increase in place
as currently scheduled;
2. Postpone increase to allow
staff to prepare validation
proposal; or
Rescind scheduled increase
and leave fee unchanged.
Council Member Debay, member of the
Offstreet Parking Committee, indicated
she was in favor of Option 2 (validation
program) because she did not want to
punish the surrounding businesses;
however, she was supportive of having
the beachgoers pay the $8 fee if they
parked all day in the lot.
In response to concern raised by Council
Member Hart regarding all night parking
in the lot, Mr. Edmonton stated that
the date is stamped on the parking
ticket and there is a maximum seven day
stay allowed which is enforced by the
Police Department. Also, overnight
permits can be purchased for $120 a
year. If the Council wants to discourage
overnight parking, then the higher rate
might accomplish this, as well as free
up more spaces in the lot for other
users.
The City Manager stated that if the
Council selects Option No. 2 (validation
program), he would suggest that the fee
of 6 remain in place for the Corona del
Mar lot. To implement a validation
program, it would have to be determined
what would be the threshold which
Volume 47 - Page 60
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL CALL S March 22, 1993
MINUTES
IM1 9A
entitles someone to validation, and it
Balboa Pier
is something the Council would have to
Pkg Lot/
take a "hard" look at.
Fees
Phil Tozer, owner of Balboa Pavilion,
addressed the Council and stated there
are 50 merchants in the Central Balboa
•
area and they are the largest users of
the Balboa Parking lot. There is also
some misunderstanding as to how much of
that lot is used by Marine recreation,
and in a study completed by the City in
1985, it was indicated the use as
follows:
(1) two sport fishing landings
- 17 -1/28
(2) beachgoers - 478
(3) residents - 2.88
(4) Catalina boat - 17.28
(5) shoppers - 15.58
Mr. Tozer stated he completed a similar
study just a few years ago and came up
with almost the same figures. He also
felt it was not equitible to leave the
Corona del Mar lot at $6 with only one
merchant, and increase the Balboa lot to
$8 with 50 merchants. The merchants in
Balboa probably had the worse year ever
economically, and January and February
of this year was even worse than last
•
year, and because of this, he felt it
was not the appropriate time to increase
the parking fee to $8.
Doug Ferrell, representing Davey's
Locker, stated that the price for a
half -day fishing trip is $20, and a
whale watch excursion is $12 and these
fees have not been raised in three
years. He felt the proposed $8 parking
fee would definitely have an adverse
effect on their business, as well as the
merchants.
Bob Black, President of Catalina
Passenger Service, stated that with
respect to overnight parking for persons
going to Catalina, they usually have
around 50 cars (sometimes 60 to 70) in
the lot, which still leaves
approximately 150 cars from somewhere
else. The overnight use of that lot is
primarily Catalina, the Balboa Inn and
the residents in the area, and the only
one that the rate increase is really
impacting is the Catalina users because
the residents can purchase a sticker and
the Balboa Inn has an agreement with the
City to pay a certain amount every year.
The proposed rate increase will not
•
"kill" them; however, it could effect
their business inasmuch as it is already
down from last year. They do produce a
lot of income for the City from that lot
because they are a large user and a lot
of that income is in the off season when
the lot doesn't fill up as rapidly. He
also noted that Dana Point will now be
offering trips to Catalina which could
Volume 47 - Page 61
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
s' t March 22, 1993
ROLL C LL
Motio n
•
•
MINUTES
alboa Pier
kg Lot
ees
effect their business. With regard to
B
the validation program, he does not feel
P
it would work because of the
F
complexities involved.
x
The City Manager recommended that the
X
x
x
x
x
x
Council leave the rate of $5 winter and
X
$6 summer for the Corona del Mar lot,
but that the Balboa lot be changed to $6
for the winter and $7 for the summer.
Following discussion, motion was made by
Council Member Sansone to approve the
City Manager's recommendation as set
forth in the foregoing.
Meeting adjourned at 9:55 p.m., in memory of
former Mayor and Council Member Donald A.
McIunis, who passed away on Saturday,
March 13, 1993. The Council went into closed
session, and adjourned at 11:00 p.m., with no
action taken.
* * *tt *t!r * *itiryrer
The agenda for this meeting was posted
on March 18, 1993, at 8:30 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
Mayor
ATTEST:
- SEW PC)V
°'
City Clerk p
PP
Volume 47 - Page 62
alboa Pier
kg Lot
ees