HomeMy WebLinkAbout02/27/1995 - Regular MeetingROLL
CALL
0
Present
Motion
Ayes
Abstained
yes
L
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING MINUTES
PLACE: Council Chambers
,o
N
J
TIME: 7:00 P.M.
af
>
w
w
r.
DATE: February 27, 1995
Q
3
H
H
Q
0
A
X
>
O
LJ
Z
w3A
=°U0
INL
4:00 P.M.. ADJOURNED MEETING WITH THE YOUTH COUNCIL
The City Council met in joint session with the Youth Council
at 4:10 p.m. Items of discussion were: I)Student
Questionnaire, 2) City Government Day, 3) Safe Ride
Program, and 4) Community Service Projects. This being
an informational meeting, the City Council took no action
and the meeting adjourned at 5:00 p.m.
CLOSED SESSION - 5:00 a.m. [Refer to separate agenda
from City Attorney]
CLOSED SESSION REPORT PRESENTED: None.
RECESSED AT 6:45 P.M.
RECONVENED AT 7:00 P.M. for reaular meeffna
x
x
x
x
x
x
x
ROIL CALL
x
Reading of Minutes of Special Meeting of February 9, and
x
x
x
x
x
Regular Meeting of February 13, 1995, was waived,
x
x
approved as written, and ordered filed.
x
Reading in full of all ordinances and resolutions under
consideration was waived, and City Clerk was directed to
read by titles only.
Mayor Hedges presented the DOROTHY PALEN AWARD to
City Employee of the Year recipient George Millildn,
Operations Support Supervisor, General Services
Department.
MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO
REPORT ON AT A SUBSEQUENT MEETING:
Mayor Pro Tern Debay requested a status report on
March 13, 1995 relative to WATER QUALITY
MONITORING.
MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE
ON A FUTURE AGENDA FO A: ACTION AND STAFF REPORT:
Mayor Pro Tern Debay requested staff report back
on March 13, 1995, if deemed appropriate, relative
to Conditions of Approval No. 8 (sewer laterals),
and No. 15 (damage to curb and gutter from City
tree) that were approved in connection with the
CONDO CONVERSION at 620 -620 1/2 Orchid
Avenue by the Modifications Committee on
February 15, 1995. She stated she was in
accordance with approval of the subject request,
but did want clarification of the two referenced
conditions.
Volume 49 - Page 66
EX
ROLL
CALL
•
CITY OF NEWPORT BEACH
MINUTES
U)
3
g
W
H
Q
3
M
W
g
U)
U
Q
W
2
X
O
0
0
J,
0
J
W
Z
0
February 27, 1995
INL T
Council Member Glover requested staff look into
the feasibility of eliminating outdoor dining areas in
calculating the GROSS FLOOR AREA AND FLOOR
AREA RATIO REQUIREMENTS FOR RESTAURANTS AND
SPECIALTY FOOD SERVICES, and report back at a
future meeting.
MATTERS WHICH A COUNCIL MEMBER HAS ASKED TO BE
PLACED ON THE AGENDA FOR DISCUSSION:
Council Member Watt's request regarding
report/planning study to regulate the number of
FOOD USES ON MARINE AVENUE, BALOA ISLAND.
The following persons addressed the Council and
expressed their concerns relative to the existing
Specialty Food Ordinance and its impact on the
businesses on Balboa Island:
John Noyes, President, Balboa Island Business
Association
Larry Cod, owner of 211 and 220 -1/2 Marine
Avenue
Kenneth Lindahl, 202 Grand Canal, representing
Little Balboa Island Property Owners
Association
Ralph Rodheim, Past President, Balboa Island
Improvement Association
It was noted by the above speakers that there are
62 businesses on Marine Avenue, of which, IS are
food establishments; the Specialty Food
Ordinance was amended last year, and as a result,
when the application by Starbuck's Coffee was
submitted to the Planning Department just
recently, a public hearing was not required, and
therefore, no community input was given; their
Association feels the subject permit should be held
until proper public testimony can be presented
from business owners on the Island; they also do
not feel that Starbuck's Coffee will generate the
amount of sales tax revenue it proposes; they feel
that the .recent amendment to the subject
Ordinance should be repealed and the prior
Ordinance reinstated; they also emphasized that
employee parking is a major issue on the Island, as
opposed to customer parking, and in conclusion,
they stated they would like to preserve their unique
lifestyle and maintain the current family
atmosphere on the Island.
The Planning Director pointed out that Specialty
Food Uses are processed by the Planning
Department and do not go before the
Modifications Committee, and the only person
who has the right to appeal is the applicant.
Volume 49 - Page 67
IEX
CITY OF NEWPORT BEACH
10 8 11"Nom 8M
ROLL
CALL
in
�
31--
W
3A=°Uo
�
rp
U
n
x
W
o
W
z
February 27, 1995
INDEX
Council Member Edwards stated that when he was
on the Planning Commission, the Specialty Food
Ordinance was considered on at least two
occasions, and as he recalls, there were a number
of people from the Island who spoke in favor of its
adoption; however, he is not opposed to revisiting
this subject again.
Mayor Hedges pointed out that pursuant to the
Brown Act, the City Council cannot take any
official action on the application of Starbuck's
Coffee at this time inasmuch as it is not a properly
noticed item on this Agenda.
Council Member Watt stated that when the
Specialty Food Ordinance was considered by the
City Council, she believes she voted against it, and
does not remember whether or not Balboa Island
was clearly represented at that public hearing;
however, she would like to see this Ordinance
brought back at a future meeting for
reconsideration.
•
Sid Softer, 900 Arbor Street, Costa Mesa, addressed
the Council and stated that he did not think the
City could legally legislate the number of similar
uses allowed in any one location, providing the
applicant met all code requirements, with the
exception of bars. He stated he felt the market
place designates what kind of businesses remain
operational, and if the local residents do not
support it, the business will fail.
Council Member Waft continued her remarks
indicating she would like the staff to initiate a
planning study which would culminate in an
amendment to the zoning ordinance that would
maintain a retail mix in the commercial area on
Balboa Island, and that during this interim study
period, Balboa Island commercial district be
exempt from the recently modified Specialty Food
Ordinance, and in this way, hearings of some type
will be held on all requests for food uses on the
Island.
Council Member Cox noted that representatives of
the Balboa Island Business Association had
addressed the Economic Development Committee
•
last week on this same subject, and he felt there
was a lot of different interpretations that could be
read into this situation. He pointed out that the
Specialty Food Ordinance was designed to help
small business owners ease through the
government process in obtaining their proper
permits, etc. He felt the subject Ordinance is very
desirable, but yet it does not speak to whether or
Volume 49 - Page 68
CITY OF NEWPORT BEACH
MI NTJTFfi
ROLL
CALL
Q
3
W
F'-QC
H
XMM000
>M
W7
M
x
>
O
W
z
February 27, 1995
INDEX
not the City should put quantities on the number of
•
businesses of a certain type in a specific area. He
stated that reference has been made to the type
of mix that should be allowed in this area, and he
agrees that this is a very valid issue; however, he
felt the City needs to move forward in a direction
of finding sources of better tenants which is
currently being pursued by the Economic
Development Committee and the City in their
desire to establish Business Improvement Districts
(BIDS).
In response to Council inquiry, the City Attorney
advised that the Starbuck's Coffee permit has
been issued and is final, and the Specialty Food
Ordinance specifically did not give the City
Council or Planning Commission the right of review
or repeal, and the Council cannot take any action
this evening or in the future that would rescind that
permit.
Discussion ensued wherein the Planning Director
stated that the Specialty Food Ordinance has
•
been before the City Council on two occasions,
i.e., when it was originally adopted and when it
was amended last year.
Council Member Glover indicated she felt that the
issue of a balanced retail mix could be
accommodated by a Specific Area Plan for
Balboa Island.
Following comments and further discussion,
Council Member Watt indicated in closing that she
will work with the Economic Development
Committee on the feasibility of initiating a Business
Improvement District for Balboa Island as well as
working with City staff regarding the possibility of
initiating a Specific Area Plan for this area.
CONSENT CALENDAR
:-,Lion
x
The following items were approved, except for those Items
11 Ayes
removed:
ORDINANCES FOR INTRODUCTION - Schedule for public
hearing on March 13,1995:
•
1. Proposed ORDINANCE NO. 95 -5, being,
Ord 95 -5
Zoning
AN ORDINANCE OF THE CITY COUNCIL OF
(94 )
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO THE PARKING OF
AUTOMOBILES, STORAGE OR PARKING OF
BOATS, CAMPERS, AND TRAILERS: AND
PROPERTY MAINTENANCE ON RESIDENTIAL
PROPERTIES (PLANNING COMMISSION
PCA 813
AMENDMENT NO. 813).
Volume 49 - Page 69
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
U)
c
3
w
'-
H
3
�
Pq
A
A
z°
X
W
0z
U
W
o
February 27, 1995 INDEX
2. Proposed ORDINANCE NO. 95 -6, being,
Ord 95 -6
Zoning
AN ORDINANCE OF THE CITY COUNCIL OF
(94)
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 20.69 OF THE NEWPORT BEACH
MUNICIPAL CODE WHICH IMPLEMENTS THE
PROVISIONS OF CALIFORNIA GOVERNMENT
CODE ARTICLE 10.7, CONCERNING LOW
AND MODERATE INCOME HOUSING WITHIN
THE COASTAL ZONE AND SECTION 20.81.020
WHICH DELINEATES THE POWERS AND DUTIES
OF THE MODIFICATIONS COMMITTEE, SO AS
TO ESTABLISH PROVISIONS FOR THE
MODIFICATIONS COMMITTEE TO TAKE
ACTION ON CONDOMINIUM CONVERSIONS
THAT REQUIRE A COASTAL RESIDENTIAL
DEVELOPMENT PERMIT (PLANNING
PCA 817
COMMISSION AMENDMENT NO. 817).
RESOLUTIONS FOR ADOPTION
3. Resolution No. 95 -28 establishing NO PARKING
Pkg Rstrctns
restrictions for street sweeping from 8:30 A.M. to
Res 95 -28
12:30 P.M., each Friday on PATRICE ROAD.
(85 )
•
[Memorandum from Traffic Affairs Committee]
4. Resolution No. 95 -29 approving a LEGISLATIVE
Legislation
ADVOCACY AGENDA for 1995 -96. [Report from
Res 95 -29
Assistant City Manager]
(4 8 )
5. Removed from the Consent Calendar.
6. Resolution No. 95 -31 approving "BIKE TO WORK
PW
DAY" and designating May 4, 1995 as "Bike to
Res 95 -31
Work" Day within the City of Newport Beach; and
(7 4 )
directing staff to coordinate with the Orange
County Bicycle Coalition to provide support for
"Bike to Work" Day. [Memorandum from Public
Works Department]
CONTRACTS AND AGREEMENTS
7. 1994 -95 SIDEWALK, CURB AND GUTTER
'94-95 Sdwlk/
REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK
"rb/Gtr Rplcm
REPLACEMENT, PHASE II CONTRACT NO. 3021 -
ido Is PhII
Approve two (2) budget amendments: and award
-3021
Contract No. 3021 to Los Angeles Engineering, Inc.,
(38 )
for the total bid price of $350,382.50. [Report from
•
Public Works Department]
8. Removed from the Consent Calendar.
Volume 49 - Page 70
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
Cn
¢
3~"'QXOZ
P
W
~
Cr
3
¢
g
M
W
2
OJ0
V
"'
>
(.7
J
W
O
February 27, 1995
INDEX
9. RIVERSIDE AVENUE, AVON STREET, L TUSTIN AVENUE
Riverside /Avc
•
WATER L SEWER PIPELINE CONSTRUCTION
& Tustin Wtr
CONTRACT NO. 3027 - Find that the lowest bidder,
Swr Pipeln
Ken Thompson, Inc., can meet the requirements for
C -3027
completing the proposed contract work and
(38 )
declare them the "low bidder," and award
Contract No. 3027 to Ken Thompson, Inc., in the
amount of $195,120. [Report from Utilities
Department]
10. GROUNDWATER DEVELOPMENT IMPROVEMENT
Grnwtr Dvlprr
PROJECT /REACH NOS. 1, 2, 3, 3a, 3b L 4, PIPELINE
Reach 1 -3b &
PROJECTS CONTRACT NO. 3004 -1 - Authorize
Pipeln
execution of a Professional Services Agreement on
C- 3004 -I
behalf of the City, with ALBA Construction
(38 )
Management, Inc., to provide construction
management services related to the six (6) pipeline
construction projects that are part of the
Groundwater Development Project for a fee not to
exceed $377,380. [Report from Utilities
Department]
11. CLAIMS - For Denial by the City Manager.
(36 )
•
Mikel and Margaret Baranyay alleging property
damage as a result of problems with City sewer line
at 1605 -07 Balboa Boulevard on January 17, 1995.
Arleen F. Cox seeking reimbursement for damage
to vehicle as a result of hitting large pothole at
MacArthur Boulevard, near Bison Avenue on
January 19, 1995.
Certain Underwriters at Lloyd's of London;
Lexington Insurance Company; Assicurazioni
Generall S.P.A. for indemnity as a result of
explosion at El Torlto Restaurant, Fashion Island on
August 1, 1993.
State Farm Insurance for Yang Lee for property
damage to his vehicle, alleging City Trash truck
struck his parked vehicle on December 12, 1994 at
Via Lido Nord and Via Lorca.
12. Removed from fhe Consent Calendar.
13. GENERAL PLAN AMENDMENT 95- 1(A -D), report from
GPA 95 -1 (A -E
Planning Department recommending that the
(45 )
•
Planning Commission recommendation be
sustained to initiate proposed amendments as
follows; and that staff be directed to proceed with
the preparation of any necessary environmental
documents and set for public hearing before the
Planning Commission:
A. Removed from the Consent Calendar.
Volume 49 - Page 71
ROLL
CALL
•
C J
CITY OF NEWPORT BEACH
In
��>
3
M
Lil
r
Q
3
M
Lil
q
g
W
2
x
O
V
Ww
O
J,
U
Z
O
February 27, 1995
B. Revisions to Calculated Density and
Intensity Policy - Request to amend the
General Plan Land Use Element and the
Local Coastal Program, Land Use Plan
allowing the City Council to determine
permitted residential density and
commercial intensity based on parcel size
prior to right -of -way dedications or
acquisitions, subject to specific findings of
public benefit; and
C. Commercial Policy - Request to amend
the General Plan Land Use Element and the
Local Coastal Program, Land Use Plan to
establish a policy to encourage the
revitalization of commercial districts and
land uses in the City; and
D. San Diego Creek North - Request to
amend the General Plan Land Use Element
and the Local Coastal Program, Land Use
Plan to change the designation of the San
Diego Creek North site from Administrative,
Professional and Financial Commercial to
Retail and Service Commercial, and to
change the development intensity
permitted from 112,000 sq. ft. to a Floor Area
Ratio of 0.5/0.75, in order to allow the
construction of an automobile dealership
on site; and
E. Ebell Club - Request to amend the
General Plan Land Use Element and the
Local Coastal Program, Land Use Plan to
change the designation from
Govemmental, Educational and
Institutional Facilities to a residential land
use classification.
14. LITTER FREE ZONES - Request from the Balboa Island
Business Association that the Litter Free Zone
designation and signage on Marine Avenue be
deleted. and removed. [Memorandum from
General Services Director]
15. STORM DAMAGE AND RECOVERY UPDATE - Report
from General Services Director.
16. Removed from the Consent Calendar.
18. UTILITIES /PUBLIC WORKS COMMITTEE MINUTES.
[Report from Utilities Department]
Volume 49 - Page 72
MINUTES
180
GS
(44)
(24)
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
In
¢�
3
LiMMMUCJ70
]I--
Cr w
Cn
n
x
'W
O
J
Z
February 27, 1995
INDEX
19. GROUNDWATER DEVELOPMENT IMPROVEMENT
Grndwtr Dvlpn
•
PROJECT REACH NO. 1 WATER TRANSMISSION
Reach 1 Wtr
PIPELINE CONTRACT NO. 3004 -J - Approve the
Trnsmsn Pipel
plans and specifications; and authorize the City
C- 3004 -J
Clerk to advertise for bids to be opened at 2:30
(3 8 )
p.m., Thursday, March 23, 1995 at the office of the
City Clerk. [Report from Utilities Department]
20. GROUNDWATER DEVELOPMENT IMPROVEMENT
Grndwtr Dvlprr
PROJECT REACH NO. 3 WATER TRANSMISSION
Imprvm
PIPELINE CONTRACT NO. 3004 -G - Approve pre-
Reach 3 Wtr
ordering pipe for the Reach No. 3 Pipeline Project
Trnsmsn Pipel
to allow the City to meet the critical schedule limits
C- 3004 -G
imposed by the Orange County Flood Control
(3 8 )
District on the project; approve the specifications
and direct staff to solicit sealed bid quotations for
pipe materials from pipe manufacturers; authorize
City Clerk to advertise for bids to be opened at
11:30 a.m., March 15, 1995, at the office of the City
Clerk; and authorize staff to award the contract
and issue a purchase order for the specified pipe
materials. [Report from [Utilities Department]
•
21. SPECIAL EVENTS APPLICATIONS - Approve the
following applications, subject to conditions in the
Special
Events
staff reports from the Recreation Superintendent,
(27 )
Community Services Department:
Application No. 94 -327 - 18th Annual FIBAR
Apl 94 -327
Human Race Triathlon by applicant Pacific
Sports Corporation, on Sunday, September
4, 1995, from 7 - 10 a.m., at Newport Dunes,
Back Bay Drive, Eastbluff Drive and
Jamboree Boulevard.
Application No. 94 -362 - Annual 2K /5K
Apl 94 -362
Harbor Heritage Run /Walk by applicant
Newport Harbor High School PTA on
October 7, 1995 from 5 a.m. - 12 p.m.,
utilizing residential streets surrounding
Harbor High School.
22. BUDGET AMENDMENTS
(40)
BA -026, $58,270 - Provide for increase to Newport
Beach Public Library Revenue Estimates for the
Workplace Literacy Program (books and computer
•
equipment).
BA -027, $350,382.50 - Provide for Public Works -
1994-95 Sidewalk Curb and Gutter Replacement
Program; and Lido Isle Sidewalk Replacement,
Phase II /Contract No. 3021. [Refer to agenda item
7]
Volume 49 - Page 73
ROLL
CALL
•
Motion
All Ayes
•
•
CITY OF NEWPORT BEACH
)UV 8 i1112liim
Q
X
ramWWO00
W
H
3g2UC7O
¢
M
M
>
0
w
Z
February 27, 1995
INDEX
ITEMS REMOVED FROM THE CONSENT CALENDAR
S. Report from the City Manager recommending
CIOSA Financin
adoption of proposed Resolution receiving and
District
filing the petition from The Irvine Company for
(68 )
establishment of the CIOSA FINANCING DISTRICT.
Larry Porter, 2712 Cliff Drive, addressed the Council
and asked for clarification of this item.
In response to Mr. Porter's concerns, the City
Manager and Council Member O'Neil summarized
the purpose and intent of the proposed Resolution
as referenced in the staff report, and emphasized
that the City will not be obligated at any point in
time to make any debt service payments if there is
any problem in retiring the bonds, and that no
City's assets are at risk whatsoever.
X
In view of the foregoing remarks, motion was made
Res 95 -30
by Council Member Edwards to adopt Resolution
No. 95 -30, as presented.
8. Report from City Manager recommending
O/C Lifeguard
approval of the AMENDED COUNTY LIFEGUARD
Subsdy Agm
SUBSIDY AGREEMENT CONTRACT NO. 2247 - for
C -2247
phasing out of the subsidy over a four fiscal year
(38 )
period.
Council Member Edwards stated that as part of the
approval of this contract, he would like to direct
staff to write a letter to Marian Bergeson and the
Board of Supervisors to see what can be done to
restore this subsidy inasmuch as this will be an
incredible burden on the City.
Council Member Watt stated that the Tidelands
budget subsidizes uses for people outside Newport
Beach and that the City should aim to have that
budget be balanced within itself and, therefore,
suggested staff review the Tidelands budget as to
expenditures vs. revenue inasmuch as it is the City's
goal to have that budget be self - supporting.
The City Manager noted that the annual lifeguard
subsidy for all the coastal cities in Orange County is
$250,000, but the City's portion is $110,000. He stated
he agrees with the sentiment of the City Council on
this issue; however, he felt it was in the best interest
of the City to approve the agreement at this time.
He also added that all the cities along the Coast
have already approved their agreements.
Volume 49 - Page 74
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
¢
Q¢w000z
W
~
X
¢
Q
0
U
w
U
W
o
February 27, 1995
INDEX
Moo
x
Following consideration, motion was made by
Council Member Edwards to approve the subject
agreement, but that the City Manager be directed
to send a letter to the County advising of the City's
concern in providing lifeguard services along the
Coast to County residents without receiving the
benefit of any subsidy or assistance in this regard,
and reiterating that the City would like to see this
program continued during the County's budget
process. Also included in this motion was a
direction to staff to continue to negotiate with the
County to seek full subsidy of this program, and to
review the Tidelands expenditures vs. income and
report back.
Sid Softer, 900 Arbor Street, Costa Mesa, addressed
the Council and discussed revenue generated by
the parking meters on Ocean Front; he also
questioned whether or not the City was responsible
for providing lifeguards on the beaches, and if not,
then why not give the beaches to the State to
maintain.
All yes
Hearing no further comments, the motion was
voted on and carried.
12. PLANNING COMMISSION AGENDA FOR FEBRUARY
Planning
23, 1995.
(68 )
Motion
x
Motion was made by Mayor Hedges to schedule
All Ayes
public hearing on Planning Commission
Amendment No. 816 to amend Title 20 of the
Newport Beach Municipal Code so as to establish
definitions for the terms "beauty parlor" and "nail
salon," and to establish parking requirements for
nail salons; and to receive and file the remaining
items.
13. GENERAL PLAN AMENDMENT 95 -1: - Report from
GPA 95 -1 (A)
Planning Department recommending the Planning
45)
Commission initiate proposed amendment and
that staff be directed to proceed with the
preparation of any necessary environmental
documents and set for public hearing before the
Planning Commission:
A. CalTrans West /CalTrans Residual Parcel -
Request to amend the General Plan Land Use
Element and the Local Coastal Program, Land Use
•
Plan to establish an area description for the
residual parcel owned by the State Department of
Transportation on the easterly side of Superior
Avenue, and redesignating the site to Recreational
and Environmental Open Space. In consideration
for this designation, the residential development
allocation for the CalTrans West site would be
increased by 8 dwelling units to 160 du's, subject to
the same provisions as the existing entitlement.
Volume 49 - Page 75
CITY OF NEWPORT BEACH
I58110141dw
ROLL
CALL
cn
Of
3
W
XM2:UUo
a w
Ld
g
x
LL)
O
W
Z
February 27, 1995
INDEX
In response to question raised by Council Member
GPA 95 -1 (A)
•
Watt regarding the residential development
CalTrans West
allocation for the CalTrans West site being
increased by 8 dwelling units to 160 du's, the
Planning Director stated this issue was also brought
up at the Planning Commission meeting, and that
in considering the initiation of the General Plan
Amendment it was the position of staff that some
entitlement should be given to this portion of the
site in order to encourage CalTrans to negotiate
with the City. If there is no entitlement to go with
the property, then there is no incentive for CalTrans
or the owner of the property to work with the City
in an attempt to come to some ultimate resolution
as to what happens to this property.
The City Attorney noted that the property is
currently designated as Governmental,
Educational and Institutional and could
conceivably be used in conjunction with the
expansion of Hoag Hospital, and staff believes the
Residential designation will make it more likely that
the development entitlement will be, in fact,
transferred from the site to another location. When
•
the 150 dwelling units were originally designated for
CalTrans, subsequent to that, the General Plan
Amendment in 1988 redesignated this site as
Governmental, Educational and Institutional, and
when that General Plan Amendment was
processed, staff was unaware of this remnant
parcel.
Motion
x
Hearing no further remarks, motion was made by
All Ayes
Council Member Waif to approve the
recommended action.
16. Report from Assistant City Manager recommending
(24 )
City Council review and approve staff report to
develop a resolution establishing a PENINSULA
PLANNING ADVISORY COMMITTEE.
Gus Chabre, 1130 E. Balboa Boulevard, addressed
the Council in support of the proposed committee,
but stated he is concerned as to the status of
proposed Underground Utility District No. 71 which
covers from A Street to D Street. He commented
that a grass roots committee was formed in 1992 to
initiate this project, but since that time, three other
underground utility districts have been processed
by City staff ahead of their project.
Mayor Hedges directed the City Manager to see
that Mr. Chabre is contacted regarding this
matter.
Volume 49 - Page 76
M
A
M o
A
CITY OF NEWPORT BEACH
AR T 11%Ti TrP V 0
ROLL ¢
¢�¢U W
It W
W W
W O
Ox J
WW
Z F
February 27, 1995
Curtis Herberts, 2290 Channel Road, also
• C
addressed the Council in support of the proposed
committee as well as the proposed Balboa
Business District to be considered later in the
meeting, but urged that consideration be given to
new sidewalks in the Balboa business district area.
He stated the sidewalks are over 60 years old and
are cracked and deteriorating, and he felt the City
owes this improvement to that area.
Tom Hyans, President, Central Newport Beach
Homeowners Association, addressed the Council
and stated he attended the last meeting of the
Economic Development Committee regarding the
proposed committee, and suggested at that
meeting that the Peninsula be defined as Balboa
Boulevard between 32nd Street and A Street and
Newport Boulevard between Coast Highway
bridge and McFadden Square.
otion x
x H
Hearing no further comments, motion was made
11 Ayes b
by Council Member Cox to approve the
recommended action.
• 1
17. Report from City Manager concerning COUNCIL C
Council
POLICY REVIEW. P
Policy
(69)
The City Manager recommended that all of the
revised policies contained in the Agenda packet
be approved, with the exception of H -1, regarding
Harbor Permits, and that it be referred back to the
Legislative Committee for further review.
Council Member Glover referenced Council Policy
A -9 wherein it states that "With the assistance of
the City Attorney, committees shall determine the
applicability of and comply with the Brown Act
and other open meeting laws." She states she is
concerned that all of the City's committees
understand the Brown Act and are complying with
it, and suggested staff reiterate to these
committees what they can and cannot do and
when they can and cannot go into closed session.
tion x
x T
The City Attorney indicated he would comply with
CITY OF NEWPORT BEACH
MTNTTTFIR
ROLL
CALL
in
3~
caXmmuu
¢
P°
W
M
x
W
o
W
z
- - -- - - --
February 27, 1995
INDEX
AN ORDINANCE OF THE CITY COUNCIL OF
Central Bal
THE CITY OF NEWPORT BEACH ESTABLISHING
Bus Dist
THE CENTRAL BALBOA BUSINESS
IMPROVEMENT DISTRICT.
Report from Assistant City Manager.
Ken Delino, Assistant City Manager, addressed the
Council and gave an overview of the proposed
Business Improvement District stating it is similar to a
mini - assessment district whereby the business
operators (those who have taken out business
licenses in this specific area), have agreed to
assess themselves in an amount equal to their
annual business license fee. That money will be
collected by the City and returned to an advisory
committee of the Board of Directors of the Balboa
Merchants and Owners Association. The sum of
money anticipated in the first year is
approximately $20,000 including $17,000 from
business operators and $3,000 from property
owners who rent commercial property. The list of
activities is included in the staff report and consists
®
of improvements, studies, cleaning, etc. With
respect to protests, he stated that he has received
a total of seven written objections; however, there
are qualifications on each of them. The "true"
protest amount is $195.00 from two property owners,
1) 502 E. Ocean Front for $95 and 2) EIMar
Apartments in the amount of $100. He noted that in
sending out notification within the district, the staff
"ovemoticed," and therefore, notices went to
property owners who staff did not know whether or
not that owner rented commercial establishments.
The individual assessments are thought to be
reasonable and the total amount is considered
sufficient for the first year of operation. The City
Council has the option of approving or
disapproving the District.
Richard Vogel, owner of the hardware building at
200 Main Street and 804 and 806 E. Balboa
Boulevard, addressed the Council and stated his
assessment is $128, and inquired as to where that
money will be spent. He discussed the need for
new sidewalks in the area inasmuch as they have
not been replaced since 1930 and stated he has no
objection to "kicking in his share" for
•
improvements, but does not want to carry the
entire burden. He also commented that he did not
want to see outside consultants change the
balance of the Balboa business community.
Volume 49 - Page 78
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
Of
3
w3q=u0o
w
Ld
A
x
W
o
W
z
February 27, 1995
INDEX
Jim West, 512 E. Ocean Front, addressed the
Central Bal
.
Council in support of the proposed District, but
Bus Dist
asked if City or Federal funds could be used for
some of the proposed improvements. He
questioned how many years the business owners
may be assessed, and urged that at least 51% of
the business and properly owners within the District
be in agreement before any of the plans are
implemented
Sid Soffer, 900 Arbor Street, Costa Mesa, addressed
the Council and stated that for years he has said
"put the product on the plate and not on the floor
and people will come." He discussed the
improvements to McFadden Square and the
declining businesses in that area. He indicated
that the secret to a successful business is "having
something that no one else has and something
that people will pass similar businesses to come to."
He also stated that, in his opinion, "this City does
not have a feel of welcome."
Bob Black, member of the Board of Directors for
•
Balboa Merchants and Owners Association,
addressed the Council and complimented the
Assistant City Manager for the efforts he has put
forth on this project. He stated they would like
more community involvement, and need the City
to continue to guide them through this process. He
discussed the events they have scheduled in an
attempt to promote the area and help the
merchants.
lotion
x
Hearing no one else wishing to address the
Council, the public hearing was closed, and
motion was made by Mayor Hedges to adopt
Ordinance No. 95 -4.
The City Manager described for the benefit of
those in the audience the difference between an
assessment district and a business improvement
district, and summarized the improvements and
activities to be funded by the assessments as
enumerated in Resolution No. 95 -13 that was
adopted by the City Council on February 13, 1995.
With respect to how long the assessment period will
be, he noted that pursuant to Section 10 of the
subject Ordinance, the City Council shall hold a
•
public hearing prior to the adoption of a resolution
confirming the Annual Report and Levy of
Assessments.
11 Ayes
The motion was voted on and carried.
Volume 49 - Page 79
ROLL
CALL
•
Motion
Ayes
•
CITY OF NEWPORT BEACH
q
Q
3
g
W
�QCW7
N
Q
X
M
W
M
g
W
M
X
O
0
>W
0
J,
0
Z
0
February 27, 1995
PUBLIC COMMENTS
Council Member Glover stated that she had been
requested by former Council Member Phil Sansone
to announce that on March 1 at 7 p.m., the
Corona del Mar Residents Association will be
holding a town hall meeting at the Central Library
for all residents in the City regarding the Orange
County Bankruptcy issue and that Marian
Bergeson, Mayor Hedges and the City Manager
will be the honored speakers.
Sid Soffer, 900 Arbor Street, Costa Mesa, addressed
the Council regarding City mailing of meeting
notices, and suggested consideration be given to
utilizing the local newspaper which could prove
less costly than postage.
CONTINUED BUSINESS
24. Appointments to the ECONOMIC DEVELOPMENT
COMMITTEE.
x
Motion was made by Mayor Hedges to confirm the
following appointments:
Council Member John C. Cox, Jr.
Council Member Norma J. Glover
Planning Commissioner Mitchell Brown
Local Organizations:
Representative from Newport Mesa
Association of Realtors: Gil Foerster
Representative from Newport Harbor Area
Chamber of Commerce: Richard Luehrs
Representative of the Building Industries
Association who conducts business within
the City: (deferred]
Representative from the Newport Beach
Conference and Visitors Bureau: Rosalind
Williams
Areas of Special Expertise:
Individual w /special knowledge in
community based marketing: Harold Parker
Individual w /special knowledge in strategic
organizational management: Michael
Stephens
Volume 49 - Page 80
MINUTES
INDEX
Economic
Dev Commit_.
ROLL
CALL
•
•
CITY OF NEWPORT BEACH
MINUTES
N
3
w3Wnz°0o
F -
H
>
¢
mm
LAJ
C 7
x
Lj
�
0Z
H
W
February 27, 1995
INS
Individual w /special knowledge in
financing public /private business ventures
including capital and operational activities:
(deferred)
Individual w /special knowledge in the
restaurant industry: deferred
individual w /special knowledge in the
boating and harbor industry: Gary Hill
Member at large: Christy McDaniel
Member at large: (deferred)
Member at large: (deferred)
City Business Districts: (A Member of the
Advisory Board of Business Improvement
Districts, the Board of Directors of an
Association, or member of other
organizations representing the following
areas.)
Airport Area: deferred
Balboa Island: Leroy Sutherland
Cannery: deferred
Central Balboa: Bob Black
Corona del Mar. deferred
Newport Center /Fashion Island: Jerry King
Newport Pier Area: Rush Hill
Mariners Mile: Stephen Sutherland
Old Newport BI Area: Gregg Schwenk
Lido District: (deferred)
Mayor Hedges stated that the remaining
appointments will be on the March 13, 1995
agenda.
Meeting adjourned of 9 P.M.
The agenda for this meeting was posted on February 22,
1995 at 10.50 a.m., on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration
Building.
I�
Mayor
ATTEST:
w
City Clerk Ir.
Volume 49 - P
SEX