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*NEW FILE*
C.V/MCF.S S.A.P MISC STAFF
REPORTS & MEMOS
` CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CAL
ROLL Gas � y�9 June 24, 1985 INDEX
, BEACHES AND RECREATION
PB&R Cmsn
SSION
Green
x
x
x
x
x
xnger
was assigned the green
and -
\Robe
Cooper was assigned the red
Springer was reappointed for
ear term ending June 30, 1989.
Green
x
x
x
ed the green
Janie Arno\appointme
light; and
Red
x
x
x
Clyda Brenned the red
light. .
As a ie vote,
.abovedeferred to July
8, 19
ISSION
Planning
i
Cmsn
Green
x
x
x
x
een
Rena Koppelman was assign\thred
light; and
Red
x
x
Harry Merrill was assignelight.
Rena Koppelman was rd to a
4-year term ending June 30, 1�89.
Green
x
x
x
x
x
Joan Winburn was assigned the green
light; and
Red
x
Gary Pomeroy was assigned the red light.
Joan Winburn was reappointed for a ,_
4-year term ending June 30, 1989.
J. CURRENT BUSINESS:
1. Report from the Executive Assistant to
Npt Pier
the City Manager regarding NEWPORT PIER
Cncsn
CONCESSION AGREEMENT.
C-1901
S`
RECEI`lED
(38)
n
nir:;t
g
Letter from Rick Lawrence regarding
b L`eP=in`"n
interest in bidding/acquiring the
FEB G
Newport Pier Concession lease agreement,
Ci
was Ore sente .
The City Manager, in summarizing the
background of this proposal, stated that
Newport
the existing concession on the
�--
Pier consists of a sit-down restaurant
serving fish and chips, hamburgers,
etc.; a take-out window; an ice cream
only take-out window; a T-shirt shop;
and a tackle and bait shop. The current
Volume 39 - Page 245
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
00f ��\,P\�p
y9�.� y9c�F
y�� June 24, 1985 INDEX
Rkj" WAL.
concessionaires William and Erika
Npt Pier
Merting, together with Hal E. Griffith
Cncsn
have proposed to the City a complete
renovation of the existing building
Mr. Griffith has a •similar operan tio
ne=-Ehe San Clemente pier and comes
highly recommended from that City. An
overview of the proposal was presented
to the City Council at the Study Session
of October 9, 1984, and a more precise
proposal was presented at the February
25th Study Session.
Discussion ensued with respect to some
of the provisions.contained in the
lease, wherein Council Member Hart
expressed her concerns regarding the
Right of First Refusal (Page 11), and
Initial Term (Page 3).
Council Member Strauss stated that he
agreed with Council Member Hart's
comments regarding the above provisions,
and indicated he felt they were
undesirable and should be amended.
In response to Council Member Heather,
the City Attorney stated the staff will
be reviewing the provision regarding
Damage or Destruction of Pier (Page 30)
to determine if it needs to be
strengthened.
Reference was made to Page 5 of the
lease by the Public Works Director,
which states: "The Public Works
Department, at its reasonable
•discretibn, may require Concessionaires,
as a condition of approval, to improve
or reinforce the structure of the Pier
to accommodate any additional loads,
beyond that created by the existing
structure, created by any improvements
constructed by Concessionaires," wherein
he commented that this also was an area
that he felt needed some revision of the
language, inasmuch as it will be very
difficult to replace timber piles for
the pier because of the 2—story
structure.
In response to Council Member Plummer
regarding the Extended Term provision,
the City Manager noted that on Page 18
�t states, "This Agreement shall not be
sold, assigned, transferred, mortgaged,
pledged or hypothecated by
Concessionaires without the prior
written consent of City, nor........"
Volume 39 — Page 246
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\,,A,
onei Gsd 3�P �� y�� June 24, 1985 INDEX
Hal E. Griffith, developer for the
Npt Pier
Fisherman's Galley, addressed the
Cncsn
Council and stated that it is not their
intention to impose on the people I
utilizing the pier;• however, they ao
feel( -they can be instrumental in
upgrading the pier area. Their
1
restaurant will emphasize seafood with
fY
local catch, as -well as fish from the
northwest. It will be -a "casual" dining
atmosphere for all walks of life.
Mr. Griffith referred to the drawings on
display, and in response to Council
Member Hart, stated that the overhang
could be reduced to 4-feet on three
sides, leaving the front at 7-feet, if
that was the desire of the City Council.
Mr. Griffith responded to the concerns
expressed by some Council Members
regarding certain provisions in the
lease, stating that the Right of First
Refusal is not uncommon in leases of
this type in order to protect their
investment. With regard to the term of
the lease, their lease in San Clemente
is for 40 years, and all other leases he
has had in Seattle have been for 30
years.
Council Member Strauss emphasized again,
that he would like to see the provision
regarding Extended Term (Page 3)
" amended to read as follows:
"Concessionaires may, by mutual
consent, extend the term of this
Agreement for two (2) additional
periods of five years each,
provided that Concessionaires
notify the City in writing of their
desire to extend at least six
months prior to expiration of the
term of .the Agreement."
In response to the foregoing suggestion
of Council Member Strauss, Mr. Griffith
stated that if it becomes a "mutual
consent," then they cannot count on
anything more than 15 years, the term of
the lease, and they would have to spread
their investment over the 15 year
period. If the City is concerned that
he may not be a "good" operator, he felt
there were many other provisions in the
lease which protect the City from that
standpoint.
Volume 39 - Page 247
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
c+ s .o g y\\�1%1
OCGgU13�9 June 24, 1985 INDEX
RVLL I.AL
Reference was made to Page 3 of the
Npt Pier
staff report by Council Member Plummer
Cncsn
regarding the recommendation to charge
$1,000 a month for in -lieu parking fees
And
which will be placed in a parking
to-be'used for Tidelands parking
improvements, to which tije City Manager
responded should be taken into
consideration in evaluating the proposed
lease. He pointed out that everything'
contained in the lease is negotiable.
Motion
x
Following discussion, motion was made to
approve the conditional Concession
Agreement for reconstruction of Newport
Pier Concession and authorize the Mayor
and City Clerk to execute said
agreement, with modification that the ,
word "Tidelands" be stricken from the
summary proposal in the staff report
(Page 3); that the developer reduce the
overhang -to 4 feet on three sides; that
the provisions regarding insurance be to
the satisfaction of the City Attorney;
and the provisions regarding the
maintenance of structural improvements
be to the satisfaction of the Public
Works Director.
Motion
x
Substitute motion was made to approve
Ayes
x
x
x
the foregoing, with the addition that
Noes
x
x
x
Page 3 regarding Extended Term be
amended to read as set forth in the
aforementioned, which motion FAILED.
Ayes
x
x
x
x
x
The motion on the floor was voted on and
Noes
x
carried:
Orange County Housing Authority -M
Request to reappoint or newly appoint
one Representative and one Alternate to
rve on the Advisory Committee of the
Or ge County Housing Commission, was
pres red.
Motion
x
Motion w s made to appoint Lucille Kuehn
All Ayes
as the Rep esentative, and Robert
Brockman as he Alternate.
Volume 39 - Page 248
C
REC C��'a
n:
1986,
' �'evrc, • �:
\,' �.
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
June 24, 1985
TO: f _ T !MAYOR AND CITY COUNCIL
FROM: Executive Assistant
SUBJECT: NEWPORT PIER CONCESSION C -i90/
COUNCIL AGENDA
ITEM N0, J-1
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JUN 24 19085
APPROVED
ACTION: If desired, approve the conditional
Concession Agreement with Wolfgang Merting
and HEG Enterprises for the reconstruction
of the Newport Pier Concession and
authorize the Mayor and City Clerk to
execute the Agreement..
Background: -The existing concession on the Newport Pier consists
of a sit-down restaurant serving fish and chips, hamburgers, etc.;
a take-out window; ari ice cream only take-out window; a T-shirt
shop; and a tackle and bait shop. The current concessionaire's
William and Erika Merting together with Hal E. Griffith have pro-
posed to the City a complete renovation of the existing building.
Mr. Griffith has a similar operation near the San Clemente pier
and comes,highly recommended from that City.
An overview of the proposal was presented to the City
Council at the Study Session of October 9, 1984, and a more precise
proposal was presented at the February 25th Study Session.
Summary of Proposal A Concession Agreement and plans and specifi-
cations are attached. A 'summary of the major provisions and
responses to previous City Council inquiries follows:
1) The concession would include a•sit-down
casual restaurant with a take-out window and
bait sales. The concession building would be
modeled similar to the building located at the
base of the San Clemente Pier. The size of
the structure has been scaled down from previous
submittals. If the Council desires further
reductions, the 7-foot cantilevered overhang
provides a convenient opportunity to reduce
net public area. The overhang contains approxi-
mately 1050 square feet of net public area.
c c.
TO: MAYOR AND CITY COUNCIL - Page 2
2) The term of the agreement would begin
C only after necessary permits have been issued
and the concessionaires have demonstrated
financial responsibility. The existing
agreement would remain in effect until then.
The agreement therefore is conditional and
will not be effective until all conditions
are met. The length of the term would be
15 years, with two five-year option periods
for a total of 25 years.
3) The concessionaires, at their sole cost
and expense, would completely renovate the
existing building. This will probably include
complete demolition and reconstruction. The
concessionaires, at their sole cost and expense,
would reinforce and/or reconstruct the pier
as required by the Public Works Department
to support the additional weight of the reno-
vated structure. The concessionaires would be
required to construct a handrail around the
end of the pier where the deck widens and along
50 feet of.the pier i+herefthe deck is narrow.
C The agreement will not be effective unless
the Public Works Department approves all struc-
tural plans.
4) The concessionaires, at their sole cost
and expense, would provide all utility trans-
mission lines to the new building.
A sanitary sewer line will be installed.
5) The renovated building would immediately
become property of the City.
6) Only beer and wine sales will be permitted,
and only within the restaurant. The conditions
imposed are similiar to those imposed on RUBY'S
on the Balboa Pier including a sixty(60) day
review period and continued monitoring. If
any alcohol -related problems are detected, the
City may revoke its permission for beer and
wine sales.
RUBY'S has served beer and wine without
incident since July 1, 1983.
TO: MAYOR AND CITY COUNCIL - Page 4
C 13) Concessionaires would hold the City
harmless from all liability and, should
the pier be destroyed, the City would have
no further obligation to concessionaires.
14) Concessionaires would maintain sufficient
insurance for fire, destruction, and other
liability.
RECOMMENDATION: This proposal presents the City with an
opportunity to rebuild the concession on the Newport Pier
with no cost or risk to the City. It is recommended that
the City Council review, modify as desired; and approve
a new concession agreement to renovate and upgrade the
structure and the service to the public on the Newport -Pier.
I KENNETH b'cl DELINO
KJD ; mm
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I
MODIFICATION OF CONCESSION AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH,
WOLFGAN13 AND ERIKA MERTING
BEG ENTERPRISES
C
C..
MODIFICATION OF CONCESSION AGREEMENT
TABLE OF CONTENTS
Section
Pepe
RECITALS
I
1.
CONCESSION
1
2.
LOCATION
2 '
3.
TERM
2
A. Effective Date
2
B. Initial Term,
3
C. Extended Term
3
D. Construction and Approvals
3
4.
RENOVATION OF PREMISES
4
A. Renovation
4
B. Time
4
C. Handrail and Fixtures
4
D. Required Approvals
5
E. Additional Alterations
6
F. Melchanics' Liens
6
5.
UTILITIES' •. .• q `• i
7
A. Water Service
7
B. Sewer Service
7
C. Refuse Service
7
D. Gas Service
7
' s
E. MIscellaneous
7
6.
USE OF THE PREMISES
6
A. General
6
B. Hours of Operation
9
C. Prohibitions
9
D. Parking
9
E. Rates and Signs
9
F. Independant Contractor
10
G. Alcoholic Beverages
10
H. Right of First Refusal
11
7.
COMPENSATION TO CITY
11
A. Monthly Payment
11
B. Percentage Payment
13
(I) Gross Sales
13
(2) Exclusion from Gross Sales
14
(3) Computation
15
(4) Method of Payment
15
(5) Sales and Charges
15
C. Yearly Reconciliation of Rent
15
D. Late Charges
16
�a
Section
page
8.
MAINTENANCE AND REPAIR
16
A. City to Maintain Pier
16
C
B. ConcessIonaires to Maintain Premises
17
C. Costs of City Maintenance
18
9.
PROHIBITION AGAINST TRANSFER
18
10.
EQUIPMENT AND FURNISHINGS
19
11.
TAXES
20
12,
INSURANCE
20
13.
SAFETY REQUIREMENTS
23
14.
COMPLIANCES
23
15.
PERMITS AND LICENSES
24
16.
HOLD HARMLESS
24
17.
SUBORDINATION
25
18.
DEFAULTS
25
19.
DEFAULT BY CITY
28
20.
CONDEMNATION
27
21.
NOTICES
28
22.
PRODUCTION OF STATEMENT, RECORDS AND AUDIT
29
23.
DAMAGE OR DESTRUCTION
29
A. Repair
29
C
B. Damage Near End lot Term ' i
30
C. Concessionaires' Remedies
30
D. Termination - Advance Payments
30
E. Waiver
30
F. Damage or Destruction of Pier
30
i
G. Restoration
30
24.
INTEREST ON PAST -DUE OBLIGATIONS'
31
25.
TIME OF ESSENCE
31
26.
WAIVERS
31
27.
RECORDING
31
28.
CUMULATIVE REMEDIES
31
29.
SECURITY MEASURES
32
30.
EASEMENTS
32
31.
HOLDOVER
32
32.
COSTS OF LITIGATION
32
33.
ADMINISTRATION OF AGREEMENT
32
34.
CAPTIONS FOR CONVENIENCE
33
35,
GOVERNING LAW
33
36.
MERGER OF NEGOTIATIONS
33
MODIFICATION OF CONCESSION AGREEMENT
C This Modification of Concession Agreement, entered into
this day of June, 1985 by and between the CITY OF NEWPORT
BEACH, a municipal corporation (hereinafter "City") and WOLFGANG
and ERIEA MERTING, husband and wife, and BEG ENTERPRISES, a
California Corporation, a Joint Venture, (hereinafter
collectively "Concessionaires"), is made with reference to the
following:
R E C I T A L Ss
A. The City is the owner and is In possession and
control of a certain pier known as the Newport Pier, located in
the City of Newport Beach, which extends into and over the water
of the Pacific Ocean, at the extension of McFadden Place
(hereinafter "Pier"). The Pier is used by the general public for
the purpose of fishing and other recreation.
B. It is the opinion of the City Council that it is
advisable that the operation and maintenance of the concession on
said Pier be continued for use and convenience of the public and
C: all persons using the Pier for fijhing�add recreational purposes.
C. The City Council desires that bait be sold on the
Pier.
D. The City by agreement dated May 31, 1977, granted to
Wolfgang and Erika Merting, husband and wife, a concession on the
Pier which concession expires on January.1, 1988 (hereinafter
"Concession Agreement"). The Concessionaires jointly have made a
proposal to the City to upgrade and reconstruct the concession on
the Pier.
F. The proposed arrangement is mutually agreeable to the
City and Concessionaires upon the terms and conditions herein.
NOW, THEREFORE, the undersigned parties do hereby mutually
agree as follows:
1. CONCESSION.
City
hereby
grants to Concessionaires the exclusive
right, privilege
and concession
to construct, operate, and
maintain a full
service
restaurant, a take out, and bait sales on
the Newport Pier
for the.
purpose of providing sitdown, casual,
ly
food service In addition to takeout food and sale of bait to
users of the Pier.
City hereby warrants that it has the authority to
enter Into this Agreement and to Allow Concessionaires to use and
operate the Premises which its consistent with the trust under
which the Premises are held by City pursuant to the Grant from
the State of California. It is expressly understood and agreed
that in the event this Agreement hereunder Is or becomes
inconsistent with the trust under which the Premises are held by
City pursuant to the Grant from the State of California, the
rights and obligations of the parties hereto will be governed
solely and exclusively by the applicable laws of the State of
California and City shall incur no liability to Concessionaires.
2. LOCATION.
The location of the Newport Pier is depicted on the
Districting Map of the City of Newport 9each attached to this
Agreement as Exhibit A and incorporated herein by this
reference. The Concession hereafter referred to in this
Agreement as "Premises" is located on the southerly end of the
Pier where the deck widens, as depletedion the plans attached to
this Agreement as Exhibit C and incorporated herein by this
reference.
3. TERM.
A. Effective Date.
The term of this Agreement shall comnence upon
written certification by the City Manager that all necessary
permits allowing construction of the renovations described in
Section 4 of this Agreement have been received by Concessionaires
and upon certification by the City Manager of evidence of
Concessionaires acquisition of sufficient funds to pay for all
Improvements to be constructed or Installed by Concessionaires at
the Premises pursuant to Section 4A of this Agreement (herein-
after "Effective Date"). This evidence may, at Cityfs reasonable
discretion, consist of one or more of the following:
(1) A written comfittment by a local instutional
lender to fund all estimated cost of renovating the premises.
(2) Evidence that Concessionaires have funds on
account In certificates of deposit or otherwise at a bank located
In the County of Orange, State of California, not pledged or
otherwise encumbered for use other than for purposes of improving
the premises.
' 2
IT
(3) Delivery of performance and material payment
bond naming City as Insured by a reputable bonding company in an
amount sufficient to cover all estimated costs for such
improvements.
(4) Other evidence aeeeptable -to the City.
City shall review, and in its reasonable discretion,
approve such evidence within thirty (30) days of receipt
thereof. If City fails to object to the evidence presented by
Concessionaires within said thirty (30) day period, the condition
shall be deemed approved. -
In the event that such written certification is not
received on or before January 1, 1988, this Agreement shall be
deemed terminated. The existing Concession Agreement dated May
31, 1977 between City of Newport Beach and Wolfgang and Erika
Merting, husband and wife, shall remain in effect until the
effective date in this Agreement and in no event, terminate later
than January 1, 1988.
B. Initial Term.
.The term of this(Agreemelnt shall commence on the
Effective Date and shall continue for an initial term of fifteen
(15) years subject to termination as herein set forth.
C. Extended Term.
r Concessionaires may, at their option, extend the term
of this Agreement for two (2) additional periods of five years
each provided that Concessionaires notify the City In writing of
their election to extend at least six months prior to expiration
of the term of the Agreement ("Extended Term"). Notwithstanding
anything to the contrary herein, if Concessionaires are in
default of their obligation under this Agreement on the date the
Notice to Extend is given or the date the Extended Term Is to
commence, the Extended Term shall not commence and this Agreement
shall expire at the end of the last term in effect.
D. Construction and Approvals.
CIty and Concessionaires agree that this Concession
Agreement is conditioned upon Concessionaires obtaining necessary
approvals for the initial construction described in Exhibits "B"
and "C" which are attached hereto and incorporated herein by this
reSer¢nce and the initial use as described in Section 6A of the
Premises from the City of Newport Beach and its Boards and
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>✓ 6
Commissions having jurisdiction of the Premises and aII other
governmental permits necessary to operate the Premises as
contemplated by the parties in Section eA. In the event that
C such approvals are not received on or before January 1, 1888,
this Agreement shall be deemed terminated.
Upon expiration or termination of the Term, or any
extensions thereof, Concessionaires shall immediately surrender
possession of the Premises to Lessor.
4. RENOVATION OF PREMISES.
A. Renovation.
Concessionaires shall at their sole cost and
expense, construct or cause to be constructed certain exterior
and interior improvements to the building now located on the
Premises and substantial conformance with the description set
forth in the Plans and Specifications attached to this Agreement
as Exhibits B and C and incorporated herein by this reference.
It is understood that such improvements may require substantial
or complete demolition of the existing structure on the Premises.
B. Time. ( c 1
Concessionaires shall comnence renovation within
sixty (60) days of the Effective Date, in accordance with Section
2 of this Agreement, and shall complete renovations within one
hundred eighty (180) days thereafter. An extension of time may
be granted by the City Manager, in writing, upon receipt and
approval of a written request from Concessionalres. Concession-
alres shall complete renovations and open the concession for
business within three hundred (800) days of the Effective Date of
this Agreement unless extension of time shall have been granted
by the City Manager, Concessionaires may close off from public
access, the southerly end of the Pier where the deck widens
during construction of renovations. It is the intent of the City
and Concessionaires to minimize the time during which the
Premises 14 closed to the public.
C. Handrail and Fixtures.
As part of the renovation of the Premises,
C
Concessionaires shall construct, at their sole cost and expense,
a handrail around the southerly and of the Pier where the deck
widens and along both sides of the southerly 50 feet of the Pier
where the deck is narrow. Design and construction of the hand-
rail shall be approved In advance by the Public Works Deport-
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/7
ment. Concessionaires may, as part of the renovations of the
Premises, replace and relocate the fish cleaning sinks from their
present location to another area on the Pier upon prior approval
of such new location by the Public Works Department of the City.
Concessionaires may, as part of the renovations of the Premises,
replace or provide new lighting fixtures on the Pier upon prior
approval of the Public Works Department and Utilities Department
of the City.
D. Required Approvals.
only first class materials shall be used and all
work must be performed and completed in a good workmanlike
manner. All work shal•1 be subject to the prior approval of the
Building Department and the Public Works Department and, if any
such are disproved, they shall be reconstructed or replaced as
necessary to obtain said approval. Concessionaires shall be
responsible for obtaining all permits and approvals required for
any renovation, alteration or improvement of the Premises
including, but not limited to, City of Newport Beach Building
Permits and California Coastal Commission approval.
The Public Works DepirtmentI at its reasonable
discretion, may require Concessionaires, as a condition of
approval to improve or reinforce the structure of the Pier to
accomodate any additional loads, beyond that created by the
existing structure, created by any Improvements constructed by
Concessionaires.
In the event that either prior to or during the
Term hereof any alteration, addition, or change or otherwise to
the Improvements, or any portion thereof, is required by law or
regulation or rule, the same shall be made by Concessionaires, at
Concessionaires' sole cost and expense.
Notwithstanding an to the contrary set
forth in this Agreement, nothing shall be interpreted or
construed as City, by reason of Its being a municipal corpora-
tion, waiving or depriving itself of any regulatory or police
power of the City in its governmental capacities. It is intended
hereby that the Concessionaires shall be obligated to fulfill
such requirements as may be imposed by any governmental agency or
authority of the City of Newport Beach having or exercising
jurisdiction over the Premises or of any construction to be
undertaken by Concessionaires therein.
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I21
C' C
E. Additional Alterations.
Subject to obtaining all requisite governmental
permits and authorisations, Concessionaires shall have the right
to make nonstructural alterations to the interior of any building
located upon the Premises, provided that the same when complete
are of a character so as not to adversely affect the value of the
Improvements or the Promises. Concessionaires shall not make or
permit any structural or exterior alterations, additions,
Improvement or signage to be mad* to or upon the Premises without
first obtaining the written consent of City. City shall not,
however, arbitrarily withhold consent to any requested
alteration, additions, signs or Improvements to the Premises.
Any alterations, additions or improvements made by
Concessionaires shall be diligently constructed, at no cost or
expense to City, in a good and workmanlike manner according to
and in conformity with any laws, rules and regulations of all
governmental bodies and ageneles, and in compliance with the
requirements applicable to the original renovation of the
Premises.
At least twenty (10) days prior to Concession-
aires placing .any materials upon the Promises or causing any
labor or work or construction of any alterations, additions or
Improvements or repairs having a cost in excess of TWENTY
THOUSAND DOLLARS ($20,000.00) to be performed, Concessionaires
shall deliver to City notification thereof specifying the nature
and location of the Intended work and the expected date of
commencement thereof. All construction to be performed by
Concessionaire& or performed by or under Concessionaires shall be
performed without cost or expense to City.
F. Mechanics' Liens.
Concessionaires agree that they will pay or cause
to be paid all costs for work done by them or cause to be done by
them on the Premises and Concessionaires will keep the Premises
free and clear of all mechanic's liens or other liens on account
of work done or alleged to have been done by or for Concession-
aires or persons clalming'under them. City and its representa-
tives shall have the right to post and keep posted on the
Premises such notices as City may deem necessary for the protec-
tion of its Interest in the Premises.
-a-
�9
5. UTILITIES
A. Water Service.
Newport Beach water is available to the buildings
on the Pier. Concessionaires shall be entitled to water service
under the same terms as any other water user of the City and
shall pay the same fees, rate or rates as any other user. If, as
a result of renovation of the Premises, water transmission
facilities need to be improved, Concessionaires may request City
to make such improvements at the Concessionaires' expense.
B. Sewer Service.
Newport Beach sewer service is not available to
the Pier. Concessionaires, as part of the renovation of the
Premises, and at their expense, shall construct sewer service
facilities for the Premises, such service shall be reviewed and
approved by the Public Works Department. Concessionaires shall
provide and maintain at their sole cost and expense, any
appurtenant equipment for sewage disposal required by the Orange
.County Health Department.
CC.- Refuse Service. = i. City will provide garbage and refuse service to
the Pier. Concessionaire shall provide, maintain, and utilize
trash compactors in the operation of the Concession.
Concessionaires shall provide a refuse storage bin as part of the
renovations, of sufficient size to acepmodate the needs of the
Concession and the refuse pickup schedule of the City.
D. Gas Service.
No comnercial gas is available on the PIer.
Concessionaires may use bottled gas or may request the City to
have a gas line constructed on the Pier at the Concessionaires,
expense.
E. Miscellaneous.
Concessionaires shall make arrangements for such
other utility services as are necessary for the operation of the
Concession and shall promptly pay all charges for utilities when
due.
7 -
S. USE OF THE PREMISES.
A. General.
C The Premises covered by this Concession Agreement
shall only be such as described in Section 2 above. Lessee is
required to use the Premises for a take-out restaurant and sale
of bait and, at its option, may maintain a full -service
restaurant. Losses shall not use any part of the premises or
Pier that is not specifically depicted in Exhibits B and C which
are attached hereto without the prior written consent of the
City.
Concessionaires agree to assume said right,
privilege and concession hereby granted and to operate the
Premises for the purposes and in the manner and according to the
terms and conditions herein stated, reserving, however, to City
the right of ingress and agrees to inspect the Pier and all
buildings, equipment and fixtures thereon, as deemed necessary by
City.
In accepting the concession hereby granted,
Concessionaires understand that the volume of business to be done
C , and the quantity offood, beverages and ferviee to the public to
be required are subject to fluctuation and depend upon season and
the weather and other unpredictable factors. Notwithstanding the
uncertainties Involved, Concessionaires agree to supply the
demand as it arises and to maintain an adequate supply of labor,
food, beverages and equipment to do to. Concessionaires further
agree to use their best effort to upgrade and encourage business
and public use of the Pier.
Concessionaires agree that all operations or
activities and the operations and activities of its sub -
concessionaires, if any, shall be conducted In compliance with
all applicable statutes, ordinances, orders, laws, rules and
regulations, and the requirements of all federal, state and
municipal governments and appropriate departments, commissions,
boards and offices thereof, which may be applicable to the
Premises or to the use or manner of use of the Premises.
Concessionaires shall indemnify and save City and the Premises
harmless against all actions, claims and damages by reason of
Concessionaires nonobservance or nonperformance of any statute,
ordinance, order, law, rule, regulation and/or 90vernm6ntal
requirement.
C
B. Hours,of Operation.
During the term of this Agreement,
Concessionaires may remain open for business daily at any time,
C • but shall be open for business on every day, at least from 10:00
a.m. to 6:00 p.m., from June 15 to September 30, school vacations
and legal holidays, all dates Inclusive, during each year.
Different dates and hours may be fixed by Concessionaires with
the prior approval of the City. Concessionaires shall use their
best efforts to open during the winter months, weather and other
conditions permitting.
C. Prohibitions.
City reserves the right to prohibit the use,
display, sale or rental of any machine, item or article which it
deems objectionable or beyond the scope of merchandise deemed
necessary by City for proper service to the public. This
Includes but is not limited to the right to restrict or prohibit
vending machines of all kinds and machines producing music or any.
other noise or sound. All food and beverage products sold shall
be of high quality, and failure to maintain quality deemed
C satisfactory by_ City shall be deemed a;breaeh of this Agreement.
Concessionaires shall not do or permit anything
to be done In or about the Premises nor bring or keep anything
therein which will In any way obstruct or interfere with the
rights of visitors of the Pier or•injure or annoy them or use or
allow the Premises to be used for any unlawful purpose, nor shall
Concessionaires cause, maintain or permit any nuisance in, on or
about the Premises.
D. Parking.
Concessionaires shall not be allowed to park any
vehicle on the Pier. Vendors and delivery serving the concession
may drive vehicles on the Pier. The City will not provide
parking spaces for the Concessionaires or their employees. Blue
stickers for preferred parking In the City -operated parking lots
are available to the Concessionaires and their employees at the
standard cost.
E. Rates and Signs.
Concessionaires shall post rates and prices on
the Pier at such places as may be designated by City.
Concessionaires shall not place or allow any signs, placards, or
advertising matter to be placed or maintained on, or attached to,
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;Z2
C
the buildings or elsewhere on said Pier without the prior written
consent of City, which shall not be unreasonably withheld. Such
business signs shall be placed, maintained and attached in such
manner as City prescribes prior to such placing. Concessionaires
shall not use any trade name, style or title In any Way in the
conduct of the business without the same having been approved by
City in writing. Concessionaires shall protect and hold City
harmless against all claims and actions arising from use of any
name, style or title even though the same has received prior
approval of Clty.
P. Independent Contractor.
City shall have no interest in the operation of
the restaurant, takeout or bait concessions. It Is understood
and agreed that Concessionaires operate both the restaurant,
take-out, and bait concessions as Independent contractors.
0. Alcoholic Beverages
Concessionaires shall have ther right to seek a
liquor license from the Alcoholic Beverage Control Board granting
the right to sell beer and wine on Premises. In the event that
Concessionaires obtain such a license,- Cbneasslonaires shall be
entitled to sell beer and wine only within the confines of the
restaurant. Concessionaires shall comply with all of the rules
and regulations of the Alcoholic Beverage Control Board and
comply with all of the terms and conditions of any license
granted by that Board. Concessionaires shall take all steps
necessary to ensure that no alcoholic beverages leave the
Premises or are dispensed through any take-out window.
Concessionaires shall strictly supervise all sale of beer and
wine to ensure that there to no excessive consumption of alcohol
on Premises. Concessionaries understand and agree that City will
review the business practices of Concessionaires with respect to
the sale of alcohol, the review to occur within sixty (60) days
from the date on which such sale commences, and thereafter will
continually monitor any sale of alcoholic beverages by
' Concessionaires, pursuant to license, to determine if there is
any substantial, continual increase in alcohol -related criminal
incidents in and around the Pier which result directly from, the
sale of alcoholic beverages by Concessionaires.
In the event the City determines that there is
evidence of a substantial, continual increase In alcohol -related
criminal Incidents in and around the Pier, that result directly
from, the sale of alcoholic beverages by Concessionaires, the
City shall give written notice to Concessionaires of its inten-
tion to amend the terms of this Agreement to prohibit the sale of
alcoho,lie beverages, and within ten (10) days from the date of
that notice Concessionaires shall cease the sale of alcoholic
beverages. At the conclusion of the ten (10) day period this
Agreement shall be deemed amended such that the sale of alcoholic
beverages by Concessionaires is prohibited. Concessionaires
understand and agree that the City, is empowered, pursuant to this
Agreement, to prohibit Concessionaires from selling or dispensing
alcoholic beverages, notwithstanding the fact that Concession-
aires may have a license or permit issued by the Alcoholic
Beverage Control Board which permits the sale of beer and wine.
Concessionaires also understand and agree that they acquire no
rights to receive compensation from the City, with regard to any
expenses incurred in obtaining a liquor license, should the City
determine to prohibit the sale of alcoholic beverages by further
amendment of this Agreement.
Prior to exercising its right to prohibit sales
of alcoholic beverages, the City shall afford the Concessionaires
a hearing before the City Council to allow Concessionaires to
present evidence defending their desire to serve alcoholic
beverages. The_decision of the C ty Council shall be final.
H. 'Right of First Refusal.
City agrees for the benefit of Concessionaires,
not to enter into a lease or concession agreement for the use of
public property owned by City and located within a one hundred
(100) foot radius of the boundaries of,the Pier, for food or
beverage use unless City has first notified Concessionaires of
such use and Concessionaires have failed to agree to undertake
such food, beverage on the same terms as a proposed concession-
aire. Concessionairest right of first refusal to provide any new
food or beverage business within one hundred feet of the Pier
must be exercised by Concessionaires in writing within thirty
(30) days after City submits to Concessionaires in writing the
terms on which a proposed Concessionaire is willing to operate
"
such food or beverage business.
7. COMPENSATION TO CITY.
C, A. Monthly Payment.
Commencing with the third month after the opening of
the Concession in accordance with Section 4B Concessionaires
shall pay the sum set as the monthly payment to Lessor for each
and every calendar month of the Term ("monthly payment").
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2y
a
M
On the twentieth (30th) day of each and every calendar
month of tar the Compensation Commencement Date during the term of
this Agreement, Coneessionaires shall pay monthly rent to City
for the proceeding month.
Monthly payment shall be computed as follows:
(1) The fixed monthly payment shall be $10000.00
per month subject to adjustment as provided below.
(3) The monthly payment shall be subject to
adjustment as of July 1, of the year following the Effective Date
and as of July Ist of every fourth year thereafter during the
initial and any extended term of this Agreement. In no case
shall the adjusted monthly payment be less than the current
monthly payment. The adjustment shall be in accordance with the
cumulative increase, If any, in the consumer price index all
urban consumers all Items -base year 1987 equal 100 for the Lot
Angeles, Long Heath, Anaheim, California area published and
released by the Department of Labor, Bureau of Labor Statistics
("CPI") for the proceeding four years. The adjustment shall be
computed for each of the proceeding four years pursuant to the
following formula:
PMP equals $1,000.00 times X
dP1 Index
In such formula "PMP" represents the fixed
monthly payment to be paid following the adjustment date then
donsideredl X represents the Index figure of the CPI published
for the month of January, during the same calendar year as the
adjustment date for which rent is being computed. The figure
appearing in the above formula represents the Index figure of the
CPI published for the month of the Effective Data of this Agree-
ment per Section 3A.
In the event that no such Index Is Issued or
published within one year previous to an adjustment date or that
said bureau should cease to publish said Index figure, then any
similar index published by any other branch or department of the
U. S. government shall be used. If none is so published, then
another Index generally recognizes authoritative shall be
substituted by agreement,
(3) It shall be the duty and obligation of
Concessionaires to make the computations and determinations
pursuant to this Section and to deliver the results to City
together with working papers to support the computation on or
- 12 -
before March loth of each year of the Term in which an adjustment
occurs commencing March 10, of the year following the Effective
Date. The results shall be subject to City approval, which
Capproval shall not be unreasonably withheld.
(4) If Concessionaires are prevented from
operating the premises during any month or during any part of any
month by any cause beyond its control, the required monthly
payment shall be prorated in the ratio which the actual operating
period bears to,the full month for which said month fixed monthly
payment is required. City shall be the sole judge as to whether
the cause preventing operation is beyond the control of
concessionaires.
(5) Monthly payment for any fractional part of
any month between the commencement date and the first date of the
first full calendar month within the Term shall be prorated, and
paid by Concessionaires to City along with the first full month
of monthly payment due hereunder.
B. Percentage Payment.
In addition to the Monthly Payment specified above,
C Concessionalre.shall pay to City g sum..equal to five percent (5%)
of Concessionairest Gross sales during each month after the
Compensation Commencement Die, as defined herein made from or
upon the Premises ("Percentage Payment").
(1) Gross Sales. The term "Gross Sales" as used
in this Agreement shall be construed to mean -
(I) the entire amount of the actual sales
price, whether wholesale or retail, and whether wholly or partly
for cash or on credit or in exchange for any other product,
commodity, service, eomnercial paper or forebearance, of all
sales of merchandise and al-1 charges made by Concessionaires or
its employees or others acting on its behalf for the rendition of
services of any kind whatsoever;
(11) all other receipts of all business
conducted in, at or from the Premises, including all deposits not
refunded to purchasers, proceeds, receipts or any revenue derived
C . whatsoever from the use of Premises by or for any television,
radio, movie, studio, photograph promoter or any other such
activity, on or near the Premises;
011) orders taken in or from the Premises
although said orders may be filled elsewhere, and sales by any
- 13 -
sublessee in or from the Premises, and all without credit to
Lessee for uncollected or unoolleetible credit accounts;
O v) gross receipts of all cotn-operated
devices which may be placed In the Premises by Lessee or under
any rent concession, pereentage or other arrangement including,
without limitation, such devices as pinball machines, vending
machines, video games and similar devices (but excluding revenue
from telephone that Is collected by a public utility), except
that nothing set forth herein shall be construed as
Coneessionalrest consent to the use of same in the Premises to
the extent this Agreement otherwise required Concessionaires,
consent thereto; and
(v) all other revenues or receipts generated
by or arising from the use of the Premises.
All sales originally made in, at or for the
Premises shall be considered as made and completed therein, even
though the payment of the account may be transferred to some
other office of Lessee for collection, or although delviery of
merchandise sold in, at or from the Premises may be made from a
Cplace other than the Premises. (2) 8xcluslon from dross galas. There shall be
excluded from Gross salesi
(I) any sums collected and paid out for any
sales tax or tax based upon the sale or sales of merchandise and
required by law, whether now or hereafter in force, to be paid by
Concessionaires or collected from its customers, to the extent
that such taxes have been added to exchange of merchandise and
Included in the Gross sales pries;
(11) the transfer or exchange of merchandise
between the Stores of Concessionaires, if any, where such
transfers or exchanges or merchandise are made solely for the
convenient operation off Concessionaires' business and not for
the purpose of consummating a sale which has theretofore been
made in, at or from the Premises or for the purpose of depriving
Concessionaires of the benefit of a sale which otherwise would be
made in, at or from the Premises;
(ill) the amount of returns to shippers or
manufacturers; and
(lv) the amount of any cash or credit refund
made upon any sale where the merchandise sold or some part
- 14 -
thereof is thereafter returned by the purchaser. Each sale upon
installment or credit shall be treated as a sale for the full
price in the month during which such sale shall be made,
C irrespective of the time when City shall receive payment (whether
In full or partial) from its customers.
(3) Computation. Percentage Payment shall be
computed and paid for each calendar month during each year of the
Term commencing with the Compensation Commencement Date. Any
sales made during the first Lractional'calendar month following
Compensation Commencement Date shall be added to the first full
calendar month. The last month for computation and payment of
Percentage Rent shall end on the date the Term expires or
terminates.
(4) Method of Payment. within twenty (20) days
of the end of each calendar month after the rent commencement
date during the Term, Lessee shall submit an itemized statement
of Lessee's dross Sales as defined herein for the preceding
calendar month and the computation of Percentage Payment due
City. Together with said statement, Concessionaires shall pay
City the Monthly Payment and the -Percentage Payment. Notwith-
standing the above, the Pereentage Payment due City for the
C calendar month, or fraction thereof, -shall be due and paid on the
date the term expires or terminates.
(,5)- Sales and Charges.
All sales and charges shall be recorded by means
of cash registers which display to the customers the amount of
the transactions certifying the amounts recorded. The register
shall be equipped with devices which log -in daily sales totals,
and which shall record on tapes the transaction numbers and sales
details. At the end of each day the tape will record the total
sales for that day and Concessionaires will verify the total
gross sales each day by signing his or her name to the tape.
C. Yearly Reconciliation of Rent.
r
Within fifteen.(15) days of the end of each year -of
the Term, Concessionaires shall submit to City an itemized
statement of Gross Sales, Monthly Payment and Percentage Payment
due City during the preceding year that has been certified to be
correct by an accountant and an itemization and computation of
the Monthly Payment and Percentage Payment actually paid to City
during the preceding year.' Within thirty (30) days after receipt
of Concessionaires' certified yearly statement, City shall
furnish to Concessionaires a written statement ("Reconciliation")
reconciling the amount of Monthly Payment and Percentage Payment
paid by Concessionaires for each quarter during the prior Lease
C Year with the yearly rent due therefor. In the event that the
Reconciliation shows that additional Percentage Payment is due
from Concessionaires, Concessionaires shall pay the amount due
within ten (10) days of the receipt of the Reconciliation. In
the event that the Reconciliation shows that a credit Is due
Coneessionairea, such credit shall be credited against the next
sums becoming due from Concessionaires hereunder or in the event
of expiration or termination of the Term, the amount due shall be
promptly returned to Concessionaires.
D. Late Charges.
Concessionaires hereby acknowledges that late payment by
Concessionaires to City of Rent and other suns due hereunder will
cause City to Incur coats not contemplated by this Agreement, the
exact amount of which Will be extremely difficult to ascertain.
Such costs include, but are not limited to, processing and
accounting charges, and late charges which may be Imposed on City
by terms of any obligations covering the Premises.
t �•i
Accordingly, If any Installment of rent or any other sum
due from Concessionaires shall not be received by City or City's
designee within ten (10) days after such amount shall be due,
then, without any requirement for notice to Concessionaires,
Concessionaires shall pay to City a late charge equal to 7% of
such overdue amount, The parties hereby agree that such late
charge represents a fair and reasonable estimate of the costs
City will incur by reason of late payment of Concessionaires.
Acceptance of such late charge by City shall in no event
constitute a waiver of Coneessionaireat default with respect to
such overdue amount, nor prevent City from exercising any of the
other rights and remedies granted hereunder.
8. MAINTENANCE AND REPAIR.
A. City to Maintain Pier.
Except as provided In Section 8B, City shall maintain in
good condition and repair, at City's expense, the piles, caps and
related support members of the Pier on which the Premises are
located on which Concessionaires improvements are made, and the
walkway and public area located immediately adjacent to the
Premises. City reserves the right to enter upon the Premises If
necessary for the performance of Its obligations hereunder. City
.2q
agrees that any such entry shall be In a manner designed to
minimize Interference with Concessionaires' business. City shall
not be responsible to Concessionaires for interruption of
Concessionaires' business if necessary to perform ClAy's
obligations hereunder. City shall have no responsibility or
obligation of any nature to repair, maintain or improve any other
portion of the Premises or surrounding property-
B. Concessionaires to Maintain Premises.
Concessionaires shall maintain in good condition and
repair, at Concessionaires' expense, all portions of the Premises
and all improvements of whatsoever kind that may be now erected
thereon or hereafter erected, installed or otherwise made thereon
by Concessionaires in good condition and repair. Concessionaires
shall make any and all necessary repairs to or replacement of any
equipment, structures or other physical improvements on the
Premises to comply with any and all applicable regulations, laws
or ordinances of the state of California, County of Orange, or
other governmental body. Concessionaires hereby expressly waive
any and all right or privilege under statute or otherwise to
require that repairs to the Premises be performed by City or at
the expense of'Clty: t-, i
C Concessionaires shall keep the southerly 80 feet of the
Pier (the area where the deck widens) all benches and areas set
aside for fish cleaning on the Pier and the interior and exterior
of the Premises clean and sanitary and free from rubbish, debris
and garbage of any kind at all times throughout the Term of this
Agreement, to the satisfaction of the City Manager.
Concessionaires' obligation includes, but is not limited
to, the exterior walls and roof, Interior partitions of the
building, window frames, doors, Interior and exterior painting,
and repair and replacement of windows In the building. The
exterior color scheme and signs on'or about the Premises shall be
subject to the prior approval of the City Manager.
If any exterior or interior painting or repair is required
and Concessionaires fall dr refuse to so paint or repair, City
shall cause the painting or repair to be done at the expense of
Concessionaires after thirty days prior written notice from the
City, to do specific Items of maintenance or repair as required
herein. Concessionaires' shall reimburse the City for such cause
within thirty (30) days after being billed therefor by the
City. In the event of an emergency, City may immediately enter
the Premises to remedy an unsafe, unclean, unwholesome or
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30
unsanitary condition and charge the cost to Concessionaires.
City shall notice by Concesssionalres of such emergency as soon
as reasonably possible.
C. Costs of City Maintenance.
In the elvent Concessionaires desire to perform
maintenance, alterations or repairs which, in accordance with
this agreement, are the responsibility of City, Concessionaires
may, upon prior written approval from the City Manager, perform
such maintenance, alterations, or repairs and deduct the cost of
such work from the compensation due City as computed In Section
7.
9. PROHIBITION AGAINST TRANSFER.
This Agreement shall not be sold, assigned,
transferred, mortgaged, pledged or hypothecated by
Concessionaires without the prior written consent of City, nor
shall Concessionaires sublet the premises or any part thereof or
permit the same to be occupied by any other person whomsoever
without the prior written approval of City. Any attempted
assignment, transfer, mortgage, encumbrance or subletting without
such consent shall.be void and consti-tute a breach of this
Agreement.
In the event Concessionaires desire to assign or
sublet their interest In this Agreement to a person or entity,
Concessionaires shall submit In writing to City (1) the name of
the proposed subtenant or assignee; (11) the nature of the
proposed assignee's or subtenant's business and experience with
same; (III) the proposed sublease or assignment; and (iv) such
financial and other Information as City may reasonably request
concerning the proposed subtenant or assignee. City agrees not
to unreasonably withhold Its consent to an assignment or
subletting provided that the proposed assignee or subtenant has
suitable financial strength, experience and character for
operation and control of the Premises.
If an entity succeeding to Concessionaires' Interest
hereunder
Is deemed a public corporation under the then current
guidelines
of the California Corporations'
Commissioner or Is an
unincorporated association or partnership,
the transfer,
assignment
or hypothecation of any stock or
interest in such
corporation,
association or partnership In
the aggregate of more
than fifty
percent (50%) shall be deemed an
assignment with the
meaning of
provisions of this Section,
- 18 -
3j
I
The consent of City given pursuant to the terms
hereof shall not relieve Concessionaires from their oblIgatIons
or liabilities under this Agreement nor act as a waiver of the
C requirement that such consent be obtained to any subsequent
assignment or sublease.
In the event Concessionaires request the consent of
City, or City's consent is required for a proposed assignment or
subletting of the Premises, then Concessionaires shall pay City's
reasonable attorneys' fees incurred in' connection therewith, such
attorneys' fees not to exceed FIVE HUNDRED DOLLARS ($500.00) for
each such request.
Notwithstanding anything to the contrary herein, City
agrees that Concessionaires may encumber Concessionaires interest
in the Premises without the City's prior written consent provided
no interest of City in the Premises shall be subject to such
lien.
10. EQUIPMENT AND _FURNISHINGS.
1 The renovations made to the Premises by
Concessionaires shall Immediately become -property of the City
Cwithout expense to'the City. 1 t All fixtures and equipment installed by
Concessionaires shall remain the property of Concessionaires,
except to the extent any such fixtures or equipment are attached
to and made a part of the building, in which case they shall
become property of the City, at no expense to City. Upon
termination of this Agreement all rights of Concessionaires shall
end and Concessionaires shall, within ten (10) days after the
date of termination, remove all equipment and materials belonging
to them and, in the event they fail to do so, all equipment and
materials remaining shall be deemed abandoned by them and shall
become the property of City, with full power and authority to
control, use or dispose of same.
' Notwithstanding the provisions above, all trade -
fixtures, equipment and signs installed by Concessionaires shall
be and remain the property of the person, firm or corporation
Installing the same and shall be removable at any time during the
term of this Agreement so long as Concessionaires shall not be in
default under the terms hereof. The removal of any such
fixtures, equipment and signs shall be at Concessionaires sole
expense and Concessionaires shall repair any damage or injury to
the Premises or any building or structure located thereon
occasioned by the installation or removal thereof.
19 -
-1
Upon termination of this Agreement whether by lapse
of time or by forfeiture by reason of default, any improvements
constructed, in stalled or placed upon the Premises by
Conessionalres, other than movable trade fixtures, shall remain
on the Premises and become the absolute property of the City
without any cost to City upon the termination of this
Agreement. Upon the end of the term of the Agreement as provided
herein, or any extension therof, or sooner termination of the
Agreement, Concessionaires shall surrender to City the Premises
together with all improvements as heteinabove provided, in good
condition and repair, reasonable wear and use thereof excepted.
11. TAXES.
Concessionaire shall exonerate, indemnify, and hold
City harmless from and against, and shall assume full responsi-
bility for, payment of sll wages or salaries and all federal,
state, and local taxes or contributions imposed or required under
the Unemployment Insurance, Social Security, Income Tax, and
Worker's Compensation laws, or under other laws respecting
Concessionaires' employees engaged ill the performance of Conces-
sionaires' obligations her
This Agreement may create a possessory Interest in
public property which is subject to taxation. In the event such
Interest is created, Concessionaire shall pay any and all taxes
levied on such interest.
f Concessionaire shall pay any and all taxes upon
personal property and Improvements belonging to Concessionaire
and upon its possessory interest, it any, In property of City,
and Concessionaire shall pay all sales and other taxes levied
against the operation of Its business.
12. INSURANCE.
Prior to the Effective Date of this Agreement,
Concessionaires shall furnish the City with cart-Ifleates showing
the type, amount, class of operations covered, Effective Dates
and dates of expiration at Insurance policies. Such
certificates, which do not limit Concessionaires'
indemnification, shall also contain substantially the following
statements "The insurance covered by this certificate will not be
cancelled or materially altered, except after thirty (30) days'
written notice has been received by the City."
It is agreed that Concessionaires shall maintain in
force at all time during the performance of this Agreement all
20 -
33
appropriate policies of insurance, and that said policies shall
be secured from a good and responsible company or companies,
acceptable to City, doing insurance business in the state of
California.
Concessionaires shall maintain the following
insurance coverage,
A. Liability Insursnce. The general liability
coverage shall provide the following minimum limitsc
Bodily Injury $2so,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage $100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate
limits in the amount of $1,000,000 will be considered equivalent
to the required minimum limits. All said coverage to include
liability for occurrences on the Premises. City may,
at its
option, require product liability insurance.
C : B. Worker's Compensation. All employees of the
Concessionaires must be included nder_ sgch policy in an amount
requirements of the Labor Code of
and with coverage to moat all
the state of California.
C. Property Insurance. Concessionaires shall obtain
and keep in force during the term of this Agreement a policy of
policies of insurance covering loss or damage to the Premises,
and covering loss or.damago to Concessionaires' fixtures,
equipment, improvements and personal property ("personal
property") in the amount of at least 100% of the full replacement
value thereof, as the same may exist from time to time, against
all perils included within the classification of fire, extended
coverage, vandalism, malicious mischief, flood, wave wash and
special extended perils.
Any damage or destruction resulting from said
I' risks shall nevertheless be deemed to be insured for purposes of
this Agreement despite any election by Concessionaires to self -
Insure. Each year during the term of this Agreement,
Concessionaires shall provide City with appropriate amended
Insurance endorsement which reflects the current full replacement
value of the Premises and the full replacement value of
Concessionaires' personal property. Said Insurance under this
- 21 -
3y
'•V ��; ....,.c•,:.�,.nw;r,.rrvl,:•.:-=R...•....+n,..«. ....-...,.x<.-v.+-e •..c'' i. �M: i •'n%tF'x;'^•Yl =dY, t;=:''i••5...:e �.r.:wa 'i � ~
Subsection C shall provide for payment of all structural loss or
structural damage to the Promises directly to City and all other
payment& directly to Concessionaires.
C
D. Builder's Risk Insurance. Before commencement of
any construction or demolition, Concessionaires shall procure and
shall keep in force until completion and acceptance of work, "all
risks" builder's risk insurance including vandalism and malicious
mischief, covering Improvements in place and all material and
equipment at the jobsite furnished under contract, but excluding
contractor's, subcontraotor's and construction manager's tools
and equipment and property owned by contractor's or
subcontractor's employees, with limits In accordance with project
value.
E. Boiler Unusual Hazards and Other Insurance.
Concessionaires shall procure and keep in foroa, in coverage
satisfactory to City,
l
(1) B�iler and machinery insurance If at any
time from time to time Isuch equipment Is located on the Premises.
(2) I1 Concessionaires commit, permit or cause
C
the conduct of any activity or the bringing or operation of any
equipment on or about the Premises creating unusual hazards,
Concessionaires shall, promptly on notice of demand from City,
procure and maintain in force, during such activity or operation,
insurance suffiaient to cover the risks represented thereby.
City's demand for unusual hazard insurance shall not constitute a
waiver of City's right, if City would otherwise have that right,
to demand the removal, cessation or abatement of such activity or
operation.
P. Business Interruption Insurance. Concessionaire
shall provide and keep in force during the term of this
Agreement, business Interruption insurance insuring that the
Minimum Annual Rent will be paid to City and all Insurance and
real estate taxes shall be paid for a period up to six (6)
months.
G. Subrogation Waiver. Concessionaires and City
C each hereby Waive any and all rights of recovery against the
other, or against the employees, agents and representatives of
the other, for loss of or damage to such waiving party or Its
property or the property of others under Its control, where such
loss or damage Is insured against under any Insurance policy,
whether or not required by this Agreement, in force at the time
of such loss or damage.
yg
c �c
H. Failure to Secure. If Concessionaires at anytime
during the term hereof, should fail to secure or maintain the
foregoing insurance, City shall, after two (2) days, notice, be
C permitted to obtain such insurance in the Concessionaires` name
or as an agent of the Concessionaires and shall be compensated by
the Concessionaires for the costs of the insurance premiums.
Concessionaires shall pay City interest on paid insurance
premiums at the maximum rate permitted by law computed from the
date written notice is received that the premiums have been paid.
I. Additional Insured. City, its City Council,
boards and commissions, officers, agents, servants, and employees
shall be named as an additional insured under the policies of
insurance required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not
named as such additional insured; and an additional insured named
herein shall not be held liable for any premium or expense of any
nature on this policy or any extension thereof. Any other
insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the
insurance provided by this policy,
C13. SAFETY REQUIREMENTS.
All work performed under this Agreement shall be
performed in such a manner as to provide safety to the public and
to meet or exceed the safety standards outlined by the State of
California safety regulations. The City reserves the right to
issue a restraint or cease and desist orders to the
Concessionaires when unsafe or harmful acts are observed or
reported relative to the performance of the work under this
Agreement.
Concessionaires shall maintain Premises free of
hazards to persons and/or property resulting from its
operations. Any hazardous condition noted by the
Concessionaires, which is not a result of its operations, shall
lnmediately be reported to the City.
14. COMPLIANCES.
Concessionaires shall conduct all operations in
accordance with all laws uhd comply with all laws, state or
federal, ordinances, rules and regulations applicable to such
business, in effect or hereinafter adopted by the City of Newport
Beach, County of Orange, State of California or the United
- 23 -
3
States, including compliance wlth nil teehuloal construction
codes adopted by the City of Newport Beach.
15. PERMITS AND LICENSES.
Concessionaires shall obtain And maintain during the
term of this Agreement, all appropriate licenses, permits and
certificates that may be required in connection with the
operation of its facility and for the Provision of services
hereunder and such licenses, permits, and certificates shall be
obtained without additional expense to City.
l5. HOLD 1LARMESS,
Concessionaires shall Indemnity and hold harmless
City, its City Council, boards and comnlssiohs, officers, agents,
servants and employees from and against any and all actions,
causes of action, obligations, costs, damages, losses, claims,
liabilities and demands of any nature whatsoever, including
reasonable attorneys' fees, regardless of the merit or outcome of
any such claim or suit, arising from or to any manner connected
to the use.of equipment, consumption of food or drink or the use
or occupancy of the Premifes by Concessionaires or by any person
clat,ning under Concessionaires. i
Concessionaires shall indemnify and hold harmless
City, Its City Council, boards and commissions, officers, agents,
servants and employees from and against any and all actions,
causes of action, obligations, costs, damages, losses, claims,
liabilities and demands of any nature whatsoever, including
reasonable attorneys' fees, accruing or resulting to any and all
persons, firms or corporations furui.thing or supplying work,
services, materials, equipment or supplies in connection with
services or work conducted or performed pursuant to this
Agreement and arising out of such activities or work, and trom
any and all claims and losses whatsoever, including reasonable
attorneys' fees, accruing or resulting to any person, firm or
corporation for darnage, injury or death arising out of
' Concessionaires' use and posses^.ion of the Premises.
without itmiting the generality or the foregoing,
Concessionaires hereby agree that the City, its rity Council,
boards and commissions, officers, agents, servants and employees,
shall not be liable for injury to Coneessionalrest business or
any loss of income therefrom or for damage to the goods, wares,
merchandise, Improvements or other property of Concessionaires,
ronaessionaires' empleyc,•s, invitee::, cu;tomers, or any other
21 .
person in or about the Premises, nor shall City, its City
Council, boards and commissions, officers, agents, servants and
employees be liable for injury to the person of Concessionaires.
Concessionaires' employees, agents or contractors, whether such
damage or injury is caused by or results from fire, steam,
electricity, gas, water or rain, or from the breakage, leakage,
obstruction or other defects of pipes, sprinklers, wires,
appliances, plumbing, air conditioning or lighting fixtures,
crime, or from any other cause, whether the said damage or injury
results of the building of which the Premises are a part, or from
other sources or places and regardless of whether the cause of
such damage or Injury or the means of repairing the same Is
inaccessible to Concessionaires. City, its City Council, boards
and commissions, officers, agents, servants and employees shall
not be liable for any damages arising from any act or neglect of
any other Concessionaires, If any, of the building in which the
Premises are located.
17. SUBORDINATION.
This Agreement is and shall be subordinate to any
encumbrance now of record or recorded by City after the date of
this Agreement -affecting the Premises.. i
C; Such subordination is effective without any further
act of Concessionaires. Concessionaires shall from time to time
on request from City execute and deliver any documents or
instruments that may be required by a lender to effectuate any
subordination. If Concessionaires fail to execute and deliver
any such documents, or Instruments, Concessionares irrevocably
constitutes and appoints City as Concessionaires' special
attorney -in -fact to execute and deliver any such documents or
instruments.
18. DEFAULTS.
a
The occurrence of any one or more of the following
events shall constitute a material default and breach of this
' Agreement by Concessionaires:
A. The vacating or abandonment of the Premises by
Concessionaires.
B. The failure by Concessionaires to make any
payment of any payment required to be made by Concessionaires
hereunder, as and when due, where such failure shall continue for
a period of three (3) business days after written notice thereof
from City to Concessionaires.
- 25 -
C. Except as specified in subsection B, the failure
by Concessionaires to observe or perform any of the covenants,
conditions or provisions of this Agreement to be observed or
performed by Concessionaires where such failure shall continue
for a period of ten (10) days after written notice hereon from
City to Concessionaires: provided, however, that if the nature of
Concessionaires' default is such that more than ten (10) days are
1 reasonable required for its cure, then Concessionaires shall not
be deemed to be In default If Concessionaires commenced such cure
within said ten (10) day period and thereafter diligently
prosecutes such cure to completion.
D. The making by Concessionaires of any general
arrangement or assignment for the benefit of creditors.
E. Concessionaires become a "debtor" as defined in {
11 U.S.C. Section 101 or any successor statute thereto (unless, tj
In the case of a petition filed against Concessionaires, the same
Is dismissed within 60 days).
F. The appointment of a trustee or receiver to take
possession of substantially all of Concessionaires' assets
C located at the Premiss or of ConcessIonaj-res' Interest In this
Agreement, where such seizure is not discharged within thirty
(30) days.
G. The attachments execution or the judicial seizure
of substantially all of Concessionaires' assets located at the
Premises or of Concessionaires' interest in this Agreement, where
such seizure Is not discharged within thirty (30) days.
H. The discovery by City that any financial
statement given to City by Concessionaires was materially false.
19. DEPAUUr BY CITY.
3 City shall not be in default unless City falls to
perform obligations required by City within a reasonable time,
but in no event later than thirty (30) days after written notice
by Concessaionres to City specifying wherein City has failed to
perform such obligations. 'if the nature of City's obligation is
such that more than thirty (30) days are required for performance
then City shall not be in default if City comnences performance
within such thirty (30) day period and thereafter diligently
prosecutes the same to completion.
Nothing contained hereon shall be construed as
limiting the right of Concessionaires to pursue any legal
remedies it may have in the event of a default by City.
- 26 -
I
C
C.
20. CONDIMNATION. '+ -
.tt '
A. In the event proceedings are taken pursruant to an
exercise of the power of eminent domain by any lawful authority
to condemn or otherwise acquire in excess of ten percent (10%)-91
re
the floor area within the Premises and in the further event that
the Premises will no longer be suitable for the permitted uses
hereunder as a result of such taking, Concessionaires shAJ1 have'
the option, by written notice to City at any time pri.orito the d
date of the taking by the condemning authority, to terminate this
Agreement effective as of the date of possession. In the event
of such termination, rent shall be prorated to the date of
termination and any unearned rent shall be refunded to - -
Concessionaires. Concessionaires shall not grant a right of
entry to any condemnor without the written consent of Cit-
B. Should Concessionaires not elect to so termInat'e ' -
i
this Agreement, or should any such taking not be sufficient to
allow such option to terminate, this Agreement shall terminate as
to the portion of the Premises taken upon the date which
possession of said portion is taken, but this Agreement shall ,
i continue in force and effect as to the remainder of the Premises
' and Concessionaires, at its own Costs and expense, shall promptly
restore the remaining.portions of the,improvements as nearly
comparable as practicable to the unit existing just prior to such
taking. Concessionaires shall, in the event of a taking of any
portion of the Premises, be entitled to a reduction in the
Monthly Payment payable pursuant to Section 7A above thereafter
required to be paid, such that the reduced Monthly Payment will
be in the same proportion to the Monthly Payment theretofore
required to be paid that the fair rental value of the Premises
following such a taking and restoration and reapir by City bears
to the fair market value of the Premises immediately prior to
such taking.
e
C. In the event that an award is made for an entire
or partial taking or for damage to the Premises or any interest
therein in any action in direct or inverse condemnation or in the
,• event of a taking under the power of eminent domain, the parties
hereto agree that their respective rights to the award or
compensation paid shall be as follows: •�
.a
(1) City shall be entitled to that portion of
the award received for the taking of the real propert-9ithin the
Premises, including all buildings and other improvements to which ,f
City is entitled on expi.r-ation or termination of the Ureement.
27
C
C'
(2) Concessionaires shall be entitled to any
award that may be made for the taking of or Injury to
Concessionaires' business and profits or on account of any cost
of loss Concessionaires or its subtenants may sustain In the
removal of Its or their merchandise, fixtures, equipment and
furnishings from the Premises.
(3) Any severance damages and Interest payable
on the total award shall be divided between City and
Concessionaires In the same ratio as are the awards granted to
them pursuant to the other provisions of this paragraph.
(4) Concessionaires shall not be entitled to any
portion of the award on the basis that Concessionaires' interest
In this Agreement has a bonus value (i.e., that the fair rental
value of the Premises for all or any portion of the remainder of
the term hereof exceeds the rental reserved under this Agreement
for such period).
21. NOTICES.
All notices, demands, requests or approvals to be
given under this Agreement shall be given in writing and shall be
deemed served when delivered personally, or seventy-two (72)
hours after the deposit thereof in the United States mail,
postage prepaid, registered or certified, addressed as herein-
after provided.
All notices, demands, requests or approvals from
Concessionaires to City shall be addressed to:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92883
Attention: City Manager
All notices, demands, requests or approvals from the
City to Concessionaires shall be addressed to:
HEG Enterprises
Miners Landing
1301 Alaskan Way
Seattle, WA 98101
with copies to:
t
Wolfgang and Erika Merting
2900 East So. Greenville
Santa Ana, California 92704
22. PRODUCCION OF STATEMENT RECORDS AND AUDIT.
Concessionaires agree to make available for
Inspection by City at the Premises a full, permaneht, and
- 28 -
m
SL.t
G
rort
accurate set of books and records of all sales of merchandise and
revenue derived from the conduct of business in, at or from the
Premises from which Gross Sales can be determined and all
supporting records, including all federal, state and .local tax
returns. Concessionaires agree to furnish to City copies of its
quarterly California sales and use tax returns at the time that
each is filed with the State of California.
City shall approve the method, manner and procedure for
preparation and maintenance of the financial records pertaining
to the Premises. All such records shall be maintained in
accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible.
Concessionaires further agree that it will keep, retain,
and preserve for at least three (3) years all records, books,
bankbooks, or duplicate deposit books,, and other evidence of
Gross Sales for such year. Concessionaires agree to install in
the Premises a cash register, or registers, approved by City,
equipped with a cumulative total, and sealed and maintained in a
manner approved by City. Concessionaires agree to register, or
cause to be registered upon such cash register, or registers, all
amounts required to be included in Gross Sales.
City shall have the right, upon riasonable notice and at
City's expense, to inspect and audit, Concessionaires' books and
records and to make transcripts therefrom to verify the payment
due City. Such audit may be made at any time during normal
business hours without prior notice by City. If City's audit
discloses an error if five percent (5%) or more in Gross Sales as
reported by Concessionaires which results in an underpayment
specified in section 3 and City's audit is correct,
Concessionaires shall pay the cost of City's audit computed on
the basis of the direct payroll of the audit staff completing the
i audit and audit report. Concessionaires shall immediately pay
all deficiencies to City.
City shall keep any information gained from such
statements, inspection, or audit confidential and shall not
�• disclose it other than to carry out the purposes of this
Agreement, except that City shall be permitted to divulge the
contents of any statements in connection with any financing
arrangements or sale of City's interest in the Premises.
23: DAMAGE OR DESTRUCTION.
A. Repair. If at any time during the term of this
Agreement there is damage —to the Premises, the Premises shall be
repaired with due diligence by Concessionaires. From six months
29 _
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after the occurrence of the damage to the completion of the
repairs, the Monthly Payment shall be abated In the proportion
that the untenantable portion of the Premises bears to the whole
thereof.
E. Damage Near End of Term. If at any time during
the last twelve (12) months of the Term of this Agreement, which
is determined for the purposes of this paragraph as including any
extended term of this Agreement, there is damage to the Premises
to the extent that the cost of repair if fifty percent (50%) or
more of the full insurable value of the Premises and the
repairing and rebuilding of the Premises would exceed ninety (90)
days, Concessionaires may at Concessionaires' option cancel and
terminate this Agreement as of the date of occurrence of such
damage by giving written notice to City of Concessionaires'
election to do so within thirty (30) days after the date of
occurrence of such damage.
C. Concessionalres' Rembdi.es. Concessionaires shall
have no claim against City, Its City Council, boards and
commissions, officers, agents, servants and employees for any
damage, loss of business or good will, alterations, Improvements,
fixtures, furnishings, equipment, buildings, structures, vehicles
and inventory suffered by reason of any such damage, destruction,
repair or restoration. { . I
D. Termination - Advance Payments. Upon termination
of this Agreement pursuant to this Station, an equitable
adjustment shall be made concerning advance rent and any advance
payments made by Concessionaires to City. City shall, in
addition# return to Concessionaires so much of Concessionaires'
security deposit, including any accrued Interests thereon, as has
not theretofore been applied by City.
E. waiver. City and Concessionaires waive the
provisions of any statutes which relate to termination of
Agreement when leased property is destroyed and agree that such
event shall be governed by the terms of this Agreement to the
extent of any conflict between said statutes and this Agreement.
P. Damage or Destruction of Pier. Should the Pier
C be demolished, or destroyed for any reason, City shall not be
obliged to Concessionaires, In any fashion, for any loss of
trade, business, goodwill, fixtures, equipment or other property
of Concessionaires resulting from such demolition or destruction;
nor shall the City be obligated to rebuild or repair the Pier.
G. Restoration. In the event of damage or
destruction to the Pier which Is not repaired by either party and
30 -
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.`.n '.1.. t u. r Iri ✓.1 i W:n.:avi�.. �-•�. �-i d rl
which further results in the termination of this Concession
Agreement as provided herein, then in the further event the
Premises (excluding Concessionaires' improvements) are restored
C within five years of the date of said damage or destruction to
substantially the same condition as that which exists prior to
said damage or destruction, then City shall be prohibited for a
period of five (5) years from the date of such termination from
granting a concession for the use of any part of the Premises
herein to any third party without first offering the same to
Concessionaires herein on the same terms and conditions as exist
in this Agreement.
24. INTEREST ON PAST -DUE OBLIGATIONS.
Except as expressly herein provided, any amount due
to City not paid when due shall bear interest at the maximum rate
then allowable by law from the date due. Payment of such
Interest shall not excuse or cure any default by Concessionaires
under this Agreement, provided, however, that interest shall not
be payable on late charges incurred by Concessionaires or on any
amounts upon which late charges are paid by Concessionaires.
25. TIME OF ESSENCE.
CTime.is of the essende.
26. WAIVERS.
No waiver by City or any provision hereof shall be
deemed a waiver of any other provision hereof or of any
subsequent breach by Concessionaires of the same or any other
provision. City's consent to, or approval of, any act shall not
be deemed to render unnecessary the obtaining of City's consent
to or approval of any subsequent act by Concessionaires. The
acceptance of rent hereunder by City shall not be,a waiver of any
preceding breach by Concessionaires of any provision hereof,
other than the failure of Concessionaires to pay the particular
rent so accepted, regardless of City's knowledge of such
preceding breach at the time of acceptance of such rent.
0 27. RECORDING.
Either City or Concessionaires shall, upon request of
the other, execute, acknowledge and deliver to the other a "short
form" memorandum of this Agreement for recording purposes.
28. CUMULATIVE REMEDIES.
No remedy or' -"election hereunder shall be deemed
exclusive, but shall, wherever possible, be cumulative with all
other remedies at law or in equity.
I J - 31 -
29. SECURITY MEASURES.
Concessionaires hereby acknowledges that the rental
r payable to City hereunder does not include the cost of guard
l service or other security measuers and that City shall have no
obligation whatsoever to provide same. Concessionaires assume
all responsibility for the protection of Concessionaires, Its
employees and agents, Invitees, customers, and property from acts
of third parties.
30. EASEMENTS.
Concessionaires reserve to itself the right, from
time to time, to grant such easements, rights and dedications
that City deems necessary or desirable, and to cause the
recordation of parcel maps and rstrietions so long as such
easements, rights, dedications, parcel maps and restrictions do
not unreasonably interfere with the use of the Premises by
Concessionaires. Concessionaires shall sign any of the
aforementioned documents upon request of City and failure to do
so shall constitute a material breach of this Agreement.
31. HOLDOVER.
Any holding over by Concessionaires after the
expiration or any termination of this Agreement shall not
constitute a renewal or extension of the term of this Agreement.
32. COSTS OF LITIGATION.
s
If any legal action is necessary to enforce any
provision hereof or for damages by reason of an alleged breach of
any provisions of this Agreement, the prevailing party shall be
entitled of receive from the losing party all costs and expenses
and such amount as the court may adjudge to be reasonable
attorneys' fees for the costs Incurred by the prevailing party in
such action or proceeding.
33. ADMINISTRATION OF AGREEMENT.
For the purpose of the administration of this
Agreement by City, "City" shall mean the City Manager and any
officer and employee of the City authorized by him to administer
to contract. If Concessionaires are dissatisfied with any actton
or decision of the City, Concessionaires may take the matter to
the City Council for rview. The decision by the City Council
i�— - 32
f l
shall be final.
34. CAPTIONS FOR CONVENIENCE.
shall be final.
34. CAPTIONS FOR CONVENIENCE.
The captions herein are
for convenience
'and reference
only and are not a part of this Agreement and do not
in any way
limit, define, or amplify the terms
and provisions
hereof.
35. GOVERNING LAW.
This Agreement has been
made and shall
be construed
and interpreted in accordance with
the laws of the
State of
California.
C
36. ILMGER OF NEGOTIATIONS.
This Agreement represents the full and complete
understanding of every kind and nature whatsoever between the
parties hereto and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant shall be held to vary the provisions hereof.
v
1v - 33 -
3
c
0
Y7
AGS:HEG
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed the day and year first above written.
CITY OF NEWPORT BEACH
a municipal corporation
By
Mayor
ATTEST
APPROVED AS TO FORM:
City Attorney
- 34-
City Clark
CONCESSIONAIRES:
Hi E. G. ENTERPRISES,
a California corporation
By
eTi� eMM ffiw��
ERIKA aRTING
PAGE 2—MAY 1. I=THE NEWPORT ENSIGN/COSTA MESA NEWS/IRVINE TODAY
$13.5 million •for Cannery facelift
continued lrom•pago 1 more competing retail shops "Businesses that serve the com-
major projects in the 40-acre
area, to be phased in over the
next ten years. Each project
would have to be approved by
the City Council, said Mayor
Philip Maurer.
With approval from the Coas-
tal Commission for the zone
changes, the first of the projects
could begin in six months to
a year, city planning staffers
reported.
The first of the changes are
for a parking structure and in-
stallation of curbs, gutters and
sidewalks in the Cannery area,
restroom relocation for the
ocean -facing McFadden"Square
and a parking management pro-
gram for both areas. The es-
timated cost of those projects
is about $2.3 million, with nearly
$1.6 of the money to come from
the city's general fund.
Maurer was elated by the
council's quick action, coming
ater the planning commission
had studied the issue during
public hearings for two months.
"We're making some strides
to improve a terrible mess,"
he said. "If you've ever walked
through there on a Sunday af-
ternoon, you've had to wonder
why something hasn't been done
about it before this:"
Not all those in attendance
agreed.
Judy Rosener, a 25-year res-
ident of Lido Isle and a former
member of the Coastal Com-
mission, argued that the' city
was turning from a resort com-
munity to a commercial center.
She said the Lido Isle business
districi has a one-third vacancy
rate, a situation that figures
to worsen with the addition of
so close.
Rosener also disputed city
planning findings that traffic
in the area would be reduced
by street improvements accom-
panying the development.
"Have you ever seen more
development cause less traffic?
It's a joke," she said.
Bruce Blackman, a jewelry
business owner on Lido since
the retail center opened in 1959,
noted, "Only three businesses -
have been there since the be-
ginning and others have had
eight to ten turnovers.
"Are we doing those people
a service or not?" he asked.
munity seem to survive, those
that serve tourists don't. We
tried busing in tourists from
Disneyland, too, but it didn't
succeed."
Others though, like Tom Or-
lando and Tom Kendall, urged
the council to quickly approve
plans and make street improve-
ments. The "mixmaster" inter-
section at Balboa and Newport
boulevards drew most of the
attention.
The realignment of that in-
tersection is planned for com-
pletion within two years at an
estimated cost of $780,000.
I NB Council okays
Cannery Village
development plan
i
Big changes are in store for the
Cannery Village and McFadden Square
waterfront areas after the Newport
Beach City Council adopted a massive
development plan for the area.
The zoning changes given the green
light Monday must be approved by
the state Coastal Commission before
I going into effect.
About a dozen citizens spoke during
a public hearing that lasted nearly
I three house. Many of those speaking
represented struggling merchants from
nearby Lido Isle and were opposed
to the council's action.
Calling for $13.5 million in improve-
ments to one of the oldest parts of
the city, the council voted favorably
6-1, with Donald Strauss, a member
of Lido Isle Community Association,
i casting the dissenting vote.
About half of the money that would
be spent on the plan—$6.6 million —
would come from assessment districts
for the property owners that would
a benefit, A 51 percent majority is re-
quired'to form such a district.
r The plan includes zoning for 20
continued on page 2
CONCESSION AGREEMENT,
BETWEEN THE CITY OF NMVORT BEACH AND
'WOLFGANG AND ERIKA MERTING
AND
BEG ENTERPRISES
1
TABLE OF CONTENTS
CONCESSION AGREEMENT BETWEEN THE
CITY OF NEWPORT BEACH,
'WOLFGANG AND ERIKA MERTING
AND HEG ENTERPRISES
Section
Headings
Page
RECITALS...........................
1
Section
1.
CONCESSION... .................
1
Section
2.
LOCATION/PREMISE'S..................
1
Section
3.
TERM.. ............
............... .
2
Section
4.
RENOVATION OF PREMISES .............
3
Section
5.
UTILITIES.. ...............
5
Section
6.
USE OF THE PREMISES ................
5
Section
7.
COMPENSATION TO CITY ...............
8
Section
8.
MAINTENANCE AND REPAIR..............
11
Section
9.
PROHIBITION AGAINST TRANSFER.......
12
Section
10.
EQUIPMENT AND FURNISHINGS..........
13
Section
11:
TAXES.. .........................
13
Section
12.
INSURANCE.. ...............
14
Section
13.
SAFETY REQUIREMENTS ................
16
Section
14.
COMPLIANCES.. ..............
16
Section
15.
PERMITS AND LICENSES ...............
16
Section
16.
..................
HOLD HARMLESS.. ..
16
Section
17.
DAMAGE OR DESTRUCTION TO PIER OR
PREMISES.. .....................
17
Section
18.
SUBOR•DINATION......................
19
Section
19.
DEFAULTS. ...................
20
Section
20.
DEFAULT BY CITY ....................
20
Section
21.
CONDEMNATION .......................
20
Section
22.
NOTICES.. ••
........................
21
Section
23.
PRODUCTION OF STATEMENT, RECORDS
AND AUDIT.. ..
......................
22
Section
24.
INTEREST ON PAST -DUE OBLIGATIONS...
23
Section
25.
WAIVERS ...... 1......................
23
Section
26.
RECORDING.. ...............
23
Section
27.
CUMULATIVE REMEDIES ................
23
Section
28.
SECURITY MEASURES ..................
23
Section
29.
HOLDOVER.. ...............
23
Section
30.
COSTS OF LITIGATION.. ....... .
23
Section
31.
ADMINISTRATION OF AGREEMENT........
24
Section
32.
CAPTIONS FOR CONVENIENCE...........
24
Section
33.
GOVERNING LAW.. ............
24
Section
34.
MERGER OF NEGOTIATIONS .............
24
Signatures
............................ .....
24
CONCESSION AGREEMENT
This Concession Agreement, entered into this /�, day
of1985 by and between the CITY OF NEWPORT BEACH,
a mun,dcipal corporation (hereinafter "City") and MLFGANG and
ERIKA MERTING, husband and wife, and HEG ENTERPRISES, a Cali-
fornia Corporation, a Joint Venture, (hereinafter collectively
"Concessionaires"), is made with reference to the following:
L ,9
R E C I T A L S: M
A. The City is the owner, and is -n possession and con-
trol of the Newport Pier, located in the City of Newport Beach,
which extends into and 'over the water of ,the Pacific, Ocean, at
the extension of McFadden Place (hereinafter "Pier"). The Pier
is used by the general public for the purpose of fishing and
sightseeing and houses a restaurant currently operated by
Wolfgang and Erika Merting ("Merting").
B. The City Council finds that it is in the interest of
the citizens of Newport Beach that the concession on said Pier be
continued, and upgraded, for the use and convenience of all
persons using the Pier for fishing and recreational purposes.
C. The City Council finds that the restaurant concession
should continue to sell bait for the convenience of those using
the Pier for fishing.
D. The City by agreement dated May 31, 1977, granted to
Wolfgang and Erika Merting, husband and wife, a concession on the
Pier which concession expires on January 1, 1988 (hereinafter
"Old Concession Agreement"). The Concessionaires jointly have
made a proposal to the City to upgrade and reconstruct the
concession on the Pier.
E. The proposed agreement is consistent with the provi-
sions of the public trust imposed upon tidelands and all ordi-
nances, plans and policies of the City of Newport Beach related
to the operation of concessions upon publicly -owned property.
F. The proposed arrangement is mutually agreeable to the
City and Concessionaires upon th�'terms and conditions herein.
NOW, THEREFORE, the undersigned parties do hereby mutually
agree as follows:
1._ CONCESSION.
City hereby grants to Concessionaires the exclusive
right, privilege and concession to construct, operate, and main-
tain a full service restaurant, a take out restaurant and bait
sales on the Newport Pier for the purpose of providing sitdown,
casual, food service, takeout food service and sale of bait for
the convenience of persons using the Pier.
2. LOCATION/PREMISES.
The location of the Newport Pier is depicted on the
Districting Map of the City of Newport Beach attached to .this
Agreement as Exhibit "A" and incorporated herein by this refer-
ence. The Concession granted by this Agreement shall be operated
on the southerly end of the Pier where the deck widens, and as
more specifically depicted on the plans attached to this
Agreement as Exhibits "B and C" and incorporated herein by this
reference (hereinafter "Premises").
-1-
r- . rr
3. TERM.
A. Effective Date.
The term of this Agreement shall commence (hereinafter
"Effective Date") upon written certification by the City Manager:
(1) that all necessary permits allowing
construction of the renovations and improvements described in
Section 4 of this Agreement ,,("required improvements") have been
received by Concessionaires;
Lf
(2) that all pd.rmits necessary to the operation of
the premises as contemplated bvy this Agreement have been obtained
by Concessionaires; and
(3) that Concessionaires have acquired sufficient
funds to pay for all required improvements. Concesssionaires may
demonstrate acquisition of sufficient funds to pay for required
improvements by submitting, to the City Manager, one or more of
the following:
(a) An unconditional written commitment by a
local institutional lender to fund all estimated costs of the re-
quired improvements.
(b) Evidence that Concessionaires have funds
on account in certificates of deposit or otherwise at a bank
located in the County of Orange, State of California, which are
pledged solely for the purpose of constructing the required
improvements.
(c) Delivery of performance, labor and ma-
terials and payment bonds, naming City as insured issued by a
bonding company in an amount sufficient to cover all estimated
costs for such improvements..
(d) Other evidence acceptable to the City.
City shall review and, in its reasonable discretion, ap-
prove such evidence within thirty (30) days of receipt. If City
fails to object to the evidence presented by Concessionaires
within thirty (30) days, the condition shall be deemed satisfied.
Concessionaires shall use
required permits, approvals and
ble. Concessionaires are solely
sary permits and approvals.
their best efforts to obtain all
cetifications as soon as possi-
responsible for obtaining neces-
In the event that all necessary permits, approvals and
certifications are not received on or before July 1, 1987, this
Agreement shall be deemed terminated.
B. Initial Term.
The term of this Agreement shall commence on the
Effective Date (but not later than July 1, 1987) and shall
continue for an initial term of fifteen (15) years subject to
earlier termination as specified in Section 19.
C. Extended Term.
Concessionaires may, at their option, extend the term
of this Agreement for two (2) additional periods of five years
each provided that Concessionaires notify the City in writing of
their election to extend at least six months prior to expiration
of the term, or any extension of the term, of the Agreement
-2-
r
0
("Extended Term"). If Concessionaires are in default of their
obligation under this Agreement on the date the Notice to Extend
is given or the date the Extended Term is to commence, the
Extended Term shall not commence and this Agreement shall expire
at the end of the last term in effect.
D. Upon expiration or termination of any Term or in
the event of early termination, Concessionaires shall immedi-ately
surrender possession of the Premises to Lessor.
M
4. RENOVATION OF PREMISES.
A. Required Improvements. Concessionaires shall, att
their sole cost and expense, construct, or cause' to be`l
constructed the following ("required improvements"):
(1) Certain exterior and interior improvements to
the structure now located on the Premises all in substantial
conformance with the Plans and Specifications attached as
Exhibits "B" and "C." It is understood that construction of the
required improvements may necessitate substantial or complete
demolition of the existing structure on the Premises;
(2) Such improvements as the Public Works Director
and/or the Building Department may require to improve or rein-
force the Pier and related structure including piles, pile caps,
cross bracing, stringers, railings and deck (hereinafter "Pier")
to accommodate loads imposed by construction on the Premises;
provided, however, Concessionaires shall not be required to make
any improvements necessary to correct any current deficiency in
the condition of the Pier, and, further, that improvements
required of Concessionaires shall assume the Pier is in good
condition and repair. Such improvement or reinforcement of the
Pier shall also be designed to minimize the need for future
maintenance and/or replacement of piles and other elements of the
Pier and to make practical such maintenance or replacement when
necessary. The design of required improvements and the structure
on the Premises shall also take into account the need for
periodic maintenance of the Pier under and adjacent to
Premises. Concessionaires shall retain a qualified consultant,
experienced in marine construction, to prepare an analysis and
recommendations for the above improvements and reinforcements to
the Pier. The Public Works Director shall approve the consultant
to be utilized for this work prior to retention. All costs for
the structural analysis, design and construction shall be borne
by Concessionaires.
(3) Handrail and Fixtures. A handrail shall be
constructed around the southerly end of the Pier where the deck
widens and along both sides of the southerly 50 feet of the Pier
where the deck is narrow. City may elect to construct this
portion of the handrail and, in such event, Concessionaires agree
to reimburse City for the cost thereof. Concessionaires agree to
reimburse City for the cost of construction in an amount not to
exceed Three Thousand Dollars ($3,000.00). Design and
construction of the handrail shall be approved in advance by the
Public Works Department.
B. Time.
Concessionaires
required improvements within
Date, and shal'1 complete sam
days of the effective date. I
by the City, in writing, upon
extension from Concessionaire
shall commence construction of
sixty (60) days of the Effective
e within one hundred eighty (180)
Ln extension of time may be granted
receipt of a written request for an
Concessionaires shall open the
-3-
r �r
concession for business within three hundred
Effective Date of this Agreement unless a written) extension tof
time has been granted by the City Manager. Concessionaires may
close off, and prevent public access to, the southerly end of the
Pier where the deck widens during construction of required
improvements. It is the intent of the City and Concessionaires
to minimize the time during which the Premises is closed to the
public.
C. Required Approvals.
required improvementsS3oraadditionalll�alterations, the construction
ouse first
tructioro
class material and complete construction in a good and
workmanlike manner. The Building Director and
Director shall approve all rethe Public Works
alterations requid improvements and additional
if constructed in conformance with a
lle
ordinances, codes, rules or regulations and in conformancecwith
the recommendations of any consultant retained pursuant to this
Agreement.
alteration, addition
tiond orinchanQ a term of this Agreement, any
thereof, is required by thechangeto ein raanysor'or any dinance) portion
regulation or rule, adopted subsequent to the effective datecof
this Agreement, the same shall be made by Concessionaires at
their sole cost and expense.
D. Additional Alterations.
constructing Concessionaires
improvements
y, during the course of
ovatinor
reconstructing the structure on the Premises, and/or ren replace and
relocate the fish cleaning sinks, with the prior approval of the
Public Works Director, and replace or
fixtures with the prior approval of the Publiic irectortand
Utilities Director.
Works D
governmental Subject to obtaining all required
permits and authorizations, Concessionaires shall
have the right to make nonstructural alterations to the interior
Of any building located upon the Premises, provided that the
same, when complete, are of a character so as not to adversely
affect the value 'o•f- the improvements or
Concessionaires shall not the Premises.
exterior make or permit any structural or
alterations, additions, improvement or signage to be
made to or upon the Premises without first obtaining the written
consent of City .which shall not unreasonably be withheld'. Any
alterations, additions or improvements made by shall be diligently constructed, at no cost Concessionaires
or expense to City,
in a good and workmanlike manner according to and in conformity
with any laws, rules and regulations of all governmental bodies
and agencies, and in compliance with the requirements applicable
to the original renovation of the Premises.
At least twenty (20) days prior placing any materials upon the Premises to Concessionaires
work on, or construction of, any or causing any labor or
es
alterations, additions,
improvements or repairs having a cost in excess of TWENTY
shall
de DOLLARS Cl'000.00) to be performed, Concessionaires
shall deliver to ity notification thereof specifying the nature
and lo'6ation of the intended work and the expected date of
commencement thereof. A1'1 construction performed by, or on
behalf of, Concessionaires shall be at their sole cost and
expense.
-4-
E. Mechanics' Liens.
Concessionaires agree that they will pay, or cause
to be paid, all costs and expenses in any way related to the
construction of required improvements or other work done on the
Premises and Concessionaires will keep the Premises free and
clear of all mechanic's liens or other liens on account of work
done by or for Concessionaires. City and its representatives
shall have the right to post, and keep posted on thv Premises,
such notices as City may deenecessary for the protection of its
interest in the Premises.
5. UTILITIES
A. Water Service.
4'
City water is available to the buildings on the
Pier. Concessionaires shall be entitled to water service under
the same terms as any other water user of the City and shall pay
the same fees, rate or rates as any other user. If, as a result
of the construction of required improvements or other work done
to the Premises, water transmission facilities need to be
improved Concessionaires may request City to make such improve-
ments at the Concessionaires' expense.
B. Sewer Service.
Sewer service is presently not available to the
Pier. Concessionaires, as part of the construction of required
improvements or renovation of the Premises, and at their expense,
shall obtain Public Works Department approval of, and construct,
sewer service and facilities for the Premises. Concessionaires
shall provide, and maintain at their sole cost and expense, any
appurtenant equipment for sewage disposal required by the Orange
County Health Department.
C. Refuse Service.
City will provide garbage and refuse service to
the Pier. Concessionaire shall provide, maintain, and utilize
trash compactors in the operation of. the Concession. Conces-
sionaires shall prbvld-e-a refus2 s6Age bin of sufficient size
to accommodate the needs of the Concession and the refuse pickup
schedule of the City.
D. ,Gas Service.
No commercial gas is available on the Pier.
Concessionaires may use bottled gas or may request the City to
have a gas line constructed on the Pier at the Concessionaires'
expense.
E. Miscellaneous.
Concessionaires shall make arrangements for such
other utility services as are necessary for the operation of the
Concession and shall promptly pay all charges for utilities when
dµe.
6. USE OF THE PREMISES.
A. General.
Lessee shall not use any part of the Premises or
Pier that is not specifically depicted in Exhibits B and C with-
out the prior written consent of the City.
-5-
business and the understand that the volume of
quantity of food, beverages and service to be
sold to the
Public are subject to fluctuation and depend the
season, the weather and other factors beyond the controluofnCity
or Concessionaires. Concessionaires agree to supply the demand
as it arises and to maintain adequate labor, food, beverages and
equipment to do so. Concessionaires further agree to use their
best effort to upgrade and encourage
the Pier. business and public use of
as well as the l operationsactivitiesd daactivitiesctivities off itscassionaires,
ployees, or representatives, shall be conducted i, gents, em-
with all governmental statutes, ordinances, orders n compliance
and regulations, and requirements applicable to Premisesor
to the use of the Premises. the
B. Hours of Operation.
Concessionaires shall be open for business from
Period
A.M, d from June 15th to 6:00 P.M., or longer: (1) each day during the
those periods s
perioto September 30th; (2) each day during
pecified as school vacation by the Governing Board
Of the Newport Mesa Unified School District; and (3) each day
during legal holidays as determined by federal, state or local
governments. Different dates and hours may be
Concessionaires with the prifixed by
or approval of the City.
Concessionaires shall use their best efforts
weather and other conditions to remain open,
obligation to supply demand fpoe'rmitting, consistent with their
in the event City reserves the right to restrict nighttime service
er vic an bait
sales.
,affects the nearby cresidential'neighborhood a Premises
use of Aeration
adversely
C. Prohins.
display, sale City rental reserves the right to prohibit the
finds objectionable or beyond themachlscopet f merchandise em or article hdich it
eemed
necessary by City for p
includes, but qsnot proper service to the public. This
prohibit vending m ehineslmoged to the right to restrict or
music or any other noise or all liihds and machines producing
products sold shall be of hi h sound. All food and beverage
quality deemed satisfactoryb g Cquality, and failure
Y to maintain
this Agreement. ity shall be a material breach of
. X
res
all not
anything to be done, in or l about hthe Prema esanything,oingror keep
anything in or around the Premises permit
ll
obstruct or interfere with the rights of visitorstotin he Pier,wa
injure or annoy them, or use the Premises or allow it to be usor
ed,
for any unlawful purpose, nor shall Concessionaires
cause,
maintain or permit any nuisance in, on or about the Premises.
D. Parking and Deliveries
Concessionaires shall not be allowed to
vehicle on the Pier. Vendors serving the concession may drive
vehicles on the Pier, park any
for the Concessionairesortheirwemployees.not providelue parking
stickersafor
preferred parking in the City -operated parking lots are available
to the Concessionaires and their employees at the standard cost.
a maximum P Vehicles operating on the Pier
dross weight of 10,000 pounds and a
shall be limited to
maximum axle weight
r
of 3,000 pounds. If construction equipment or construction
materials delivery vehicles exceed this weight limitation,
Concessionaires shall be responsible for providing temporary or
permanent reinforcing to the Pier sufficient to accomnodate the
loads without damage to the Pier. Concessionaires shall be
responsible for repair of any damage caused by vehicles serving
the Premises.
E. Rates and Signs.
t TM:
Concessionaires .shall post ,.rates and prices on the
Pier at such places as may be designated by City. Concession-
aires shall not place or allow any signs, placards, or advertis-
ing matter to beplacedor maintained on,, or attached to, the
buildings or elsewhere on said Pier without the prior written
consent of City, which shall not be unreasonably w1thheld. Such
business signs shall be placed, maintained and attached in such
manner as City prescribes prior to placement. Concessionaires
shall not use any trade name, style or title in any way in the
conduct of the business without the same having been approved by
City in writing. Concessionaires shall indemnify, defend and
hold City harmless against all claims and actions arising from
use of any name, style or title even though the same has received
prior approval of City.
F. Independent Contractor
City shall have no interest in the operation of
the restaurant, takeout or bait concessions. It is understood
and agreed that Concessionaires operate the restaurant, take-out
restaurant, and bait concessions as independent contractors.
G. Alcoholic Beverages
Concessionaires shall have ther right to seek a
license from the Alcoholic Beverage Control Board granting the
right to sell beer and wine on Premises. In the event that
Concessionaires obtain such a license, Concessionaires shall be
entitled to sell beer and wine only within the confines of the
restaurant. Concessionaires shall comply with all of the rules
and regulations of the Alcoholic Beverage Control Board and
comply with all dV 'the terms and` bonditions of any license
granted by that Board. Concesisionaires shall take all steps
necessary to ensure that no alcoholic beverages leave the
Premises or are dispensed through any take-out window. Conces-
sionaires shall strictly supervise all sale of beer and wine to
ensure that there is no excessive consumption of alcohol on
Premises.
In the event the City determines Concessionaires
have failed to comply with the provisions of this gubparagraph or
determines that there is evidence of a substantial and continual
increase in alcohol -related criminal incidents in and around the
Pier that result directly from the sale of alcoholic beverages by
Concessionaires, then, for each of the first three of such
failure to comply and/or an increase in alcohol -related criminal
incidents, Concessionaires shall, upon ten days' written no-tice
fxom City, cease to sell alcoholic beverages for a period of
thirty (30) days from the date specified in the notice.
Upon the fourth incidence of Concessionaires'
failure to comply with the provisions of this subparagraph and/or
a determination of a substantial and continual increase in
alcohol -related criminal incidents, City shall give written
notice to Concessionaires of its intention to amend the terms of
this Agreement to prohibit the sale of alcoholic beverages. At
-7-
the conclusion of the ten (10) day period this Agreement shall be
deemed amended such that the sale of alcoholic beverages by
Concessionaires is prohibited. Concessionaires understand and
agree that the City is empowered, pursuant to this Agreement, to
prohibit Concessionaires from selling or, dispensing alcoholic
beverages, notwithstanding the fact that Concessionaires may have
a license or permit issued by the Alcoholic Beverage Control
Board which permits the sale of beer and wine. Concessionaires
waive, and give up, any right they may have to contend that the
sale of alcoholic beverages is under the exclusive jurisdiction
and control .of the Alcoholic Beverage Control Board, or other
state agency, and Concessionaires shall not make such claim or
contention in any administrative or legal proceeding arising out
of, or in any way related, to the provisions of this subsection
6(G).
Prior to exercising its right to prohibit sales of
alcoholic beverages, the City shall afford the Concessionaires a
hearing before the City Council to allow Concessionaires to
present evidence defending their desire to serve alcoholic bever-
ages. The decision of the City Council shall be final.
H. Right of First Refusal.
City agrees, for the benefit of Concessionaires,
not to enter into a lease or concession agreement for the use of
public property owned by City and; located within a one hundred
(100) foot radius of the boundaries of the Pier, for restaurant
purposes or the service of food and beverages, unless City has
first notified Concessionaires of the proposed restaurant use and
Concessionaires have failed to agree within 30 days of written
notice to operate the proposed restaurant on the same terms as
those proposed.
7. COMPENSATION TO CITY.
As partial consideration for the rights granted by
City, Concessionaires shall pay monthly and percentage rent as
provided in this Section.
The obligation to pay rent shall commence on the
sixtieth day aftdr' the concession `is open as provided in
paragraph 4B. Rent shall be due on the twentieth (20th) day of
each and every month.
A. Monthly Rent.
Concessionaires shall pay monthly rent which shall
be computed as follows:
(1) The fixed monthly rent shall be $1,000.00 per
month subject to adjustment as provided below.
(2) The monthly rent shall be subject to adjust-
ment as of July 1, of the year following the Effective Date and
again on July 1st of every fourth year during the initial and any
extended term of this Agreement. In no case shall the adjusted
monthly payment be less than the current monthly payment. The
adjustment shall be in accordance with the cumulative monthly
percentage i•norease, if any, in the consumer price index (all
urban consumers all items) for the Los Angeles, Long Beach,
Anaheim, California area published and released by the Department
of Labor, Bureau of Labor Statistics ("CPI") for the proceeding
four years, except for the initial adjustment which will be based
upon the increase from the date on which this agreement is
signed.
me
In the event no such index is issued or published
within one year previous to an adjustment date or the bureau
ceases to publish index figures, then any similar index published
by any other branch or department of the U. S. government shall
be used. If none is published, then another index generally
recognized as authoritative shall be substituted by agreement.
(3) Monthly Rent for any fractional part of any
month between the commencement date and, the first d+pte of the
first full calendar month wi,111in the Term shall be•prorated,, and
paid by Concessionaires to City along with the first full month
1 of monthly rent due hereunder.
(4) City 'shall place all funds received as• Monthly
Rent in an In Lieu Parking Fund Account to be used, at its
discretion, to provide automobile parking.
B. Percentage Rent.
In addition to the Monthly Rent specified above,
Concessionaire shall pay to City a sum equal to five percent (5%)
of Concessionaires' Gross Sales during each month after the
obligation to pay rent commences ("Percentage Rent").,
(1) Gross Sales. The term "Gross Sales" as used
in this Agreement shall be construed to mean:
( i ) the entire amount of the actual sales
price, whether wholesale or retail, and whether wholly or partly
for cash or on credit or in exchange for any other product, com-
modity, service, commercial paper or forbearance, of all sales of
merchandise and all charges made by Concessionaires or its
employees or others acting on its behalf for the rendition of
services of any kind whatsoever, made from or upon the Premises;
(ii) all other receipts of all business
conducted in, at or from the Premises, including all deposits not
refunded to purchasers, proceeds, receipts or any revenue derived
whatsoever from the use of Premises by or for any television,
radio, movie, studio, photograph promoter or any other such acti-
vity;
(ill) orders taken in or from the Premises
although said orders •may be filled elsewhere, and sales by any
sublessee in or from the Premises, and all without credit to
Lessee for uncollected or uncollectible credit accounts;
(iv) gross receipts of all coin -operated
devices which may be placed in the Premises by Lessee or under
any rent concession, percentage or other arrangement including,
without limitation, such devices as pinball machines, vending
machines, video games and similar devices (but excluding revenue
from telephone that is collected by a public utility), except
that nothing herein shall be construed as City's consent to the
use of same in the Premises; and
(v) all other revenues or receipts generated
by or arising from the use of the Premises.
All sales originally made in, at or for the
Premises shall be considered as made and completed therein, even
though the payment of the' account may be transferred to some
other office of Lessee for collection, or although delivery of
merchandise sold in, at or from the Premises may be made from a
place other than the Premises.
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Z_
(2) Exclusion from Gross Sales. There shall be
excluded from Gross Sales:
(i) any sums collected and paid out for any
sales tax or tax based upon the sale or sales of merchandise and
required by law, whether now or hereafter in force, to be paid by
Concessionaires or collected from its customers, to the extent
that such taxes have been added to exchange of merchandise and
included in the Gross Sales price;
(ii) the transfer or exchange of merchandise
between the stores or businesses of Concessionaires, if' any,
where such transfers or exchanges of merchandise are made solely
for the convenient operation of a business owned and operated by
Concessionaires or any member of Concessionaire's family and not
for the purpose -of consummating a prior sale made in, at or from
the Premises or for the purpose of depriving City of the benefit
of a sale which otherwise would be made in, at or from the
Premises;
( i i 1 ) the amount of returns to shippers or
manufacturers; and
(iv) the amount of any cash or credit refund
made upon any sale where the merchandise sold or some part there-
of is thereafter returned by the purchaser. Each sale upon
installment or credit shall be trea.ted as a sale for the full
price in the month during which such sale shall be made, irrespe-
ctive of the time when Concessionaires shall receive payment
(whether in full or partial) from its customers.
(3) Method of Payment.
On or before the twentieth day of each
calendar month after the date on which the obligation to pay rent
commences, Lessee shall submit an itemized statement of Lessee's
Gross Sales for the preceding calendar month and the computation
of Percentage Rent due City. Percentage rent based upon gross
sales made during the first fractional month, after the date on
which the obligation to pay rent commences, shall be added to and
paid with the first full month's rent. Notwithstanding the
above, the Percentage 'Rent due 6ity4 flor the last calendar month
of the term, or fraction thereof, shall be due and paid on the
date the term expires or terminates.
(4) Sales and Charges.
All sales and charges shall be recorded by
means of cash registers which display to the customers the amount
of the transactions certifying the amounts recorded. The
register shall be equipped with devices which log -in daily sales
totals, and which shall record on tapes the transaction numbers
and sales details. At the end of each day the tape will record
the total sales for that day and Concessionaires will verify the
total gross sales each day by signing his or her name to the
tape.
C. Yearly Reconciliation of Rent.
Within fifteen (15) days of the end of each
calendar year during the Term of this Agreement, Concessionaires
shall submit to City an itemized statement of Gross Sales,
Monthly Payment and Percentage Payment due City during the
preceding year that has been certified to be correct by an
accountant and an itemization and computation of the Monthly
Payment and Percentage Payment actually paid to City during the
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preceding year. within thirty (30) days after receipt of Conces-
sionaires' certified yearly statement, City shall furnish to
Concessionaires a written statement ("Reconciliation")
reconciling the amount of :Monthly Payment and Percentage Payment
paid by Concessionaires for each quarter during the prior Lease
Year with the yearly rent due therefor. In the event that the
Reconciliation shows that additional Percentage Payment is due
from Concessionaires, Concessionaires shall pay the amount due
within ten (10) days of the receipt of the Reconciliation. In
the event that the, Reconciliation shows that a credit is due
Concessionaires, such amount shall be credited against the next
sums becoming due from Concessionaires hereunder or, in the event
of expiration or termination of the Term, the amount due shall be
promptly returned to Concessionaires.
D. Late Charges.
Concessionaires hereby acknowledge that late
payment by Concessionaires to City of rent, or other sums due,
will cause City to incur costs not contemplated by this
Agreement, the exact amount of which will be extremely difficult
to ascertain. Such costs include, but are not limited to,
processing and accounting charges, and late charges which may be
imposed on City by terms of any obligations covering the
Premises.
Accordingly, if any installment of rent or any
other sum due from Concessionaires is not received by City or
City's designee within ten (10) days after such amount is due,
then, without any requirement for notice to Concessionaires,
Concessionaires shall pay to City a late charge equal to 7% of
such overdue amount. The parties hereby agree that such late
charge represents a fair and reasonable estimate of the costs
City will incur by reason of any late payment. 'Acceptance of any
late payment or late charge by City shall in no event constitute
a waiver of Concessionaires' default with respect to such
payment, nor prevent City from exercising any of the other rights
and remedies granted hereunder.
8. MAINTENANCE AND REPAIR.
A. Ci-ty to Maintain Pier.
Except as otherwise provided in Section 17, of
Agreement, City shall maintain, in good condition and repair, and
at City's expense, the piles, caps and related support members of
the Pier;on which the Premises are located and the walkway and
public area located immediately adjacent to the Premises. City
reserves the right to enter upon the Premises if necessary for
the performance of its obligations hereunder. City agrees that
any such entry shall, when feasible, be in a manner designed to
minimize interference with Concessionaires' business. City shall
not be responsible or liable to Concessionaires for interruption
or reduction of Concessionaires' business in any way related to
City's performance of its obligations hereunder. City shall have
no responsibility or obligation of any nature to repair, maintain
or improve any other portion of the Premises or surrounding
property.
B. Concessionaires to Maintain Premises.
Concessionaires shall maintain in good condition
and repair, at Concessionaires' expense, all portions of the
Premises and all improvements erected, installed or otherwise
made by Concessionaires. Concessionaires shall make any and all
necessary repairs to, or replace if necessary, any equipment,
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structures or other physical improvements on the Premises in
order to comply with any regulations, laws -or ordinances of the
State of California, County of Orange, the City or other govern-
mental body. Concessionaires hereby expressly waive any and all
right or privilege under statute or otherwise to require that
repairs to the Premises be performed by City, or at City's
expense.
Concessionaires shall keep the southerly 80 feet
of the Pier (the area where the deck widens), including all
benches and areas set aside for fish cleaning, and the-,
interior/exterior of the Premises, clean and sanitary and free-P
from rubbish, debris and garbage of any kind at all times. 1
Concessionaires' obligation to maintain includes,
but is not limited to, the exterior walls and roof, interior
partitions of the building, window frames, doors, interior and
exterior painting, and repair and replacement of windows in the
building. The exterior color scheme and signs on or about the
Premises shall be subject to the prior approval of the City
Manager.
If any exterior or interior painting or repair is
required and Concessionaires fail or refuse to'so paint or repair
after thirty days' prior written notice specifying items of
maintenance or the painting or repair required, City shall cause
the painting or repair to be done at the expense of
Concessionaires. Concessionaires shall reimburse City for all
costs and expense incurred within thirty (30) days after being
billed therefor by the City. In the event of an emergency, City
may immediately enter the Premises to remedy an unsafe, unclean,
unwholesome or unsanitary condition and charge the cost to
Concessionaires. City shall be notified by Concesssionaires of
such emergency as soon as reasonably possible.
9. PROHIBITION AGAINST TRANSFER.
This Agreement shall not be sold, assigned, trans-
ferred, mortgaged, pledged or hypothecated by Concessionaires
without the prior written consent of City, nor shall Concession-
aires sublet the Premises ox any part thereof or permit the same
to be occupied by any other person whomsoever without the prior
written approval of City; provided, however, the City shall
permit Concessionaires to encumber their interest in the Premises
for financing purposes provided no interests of the City in the
Premises is in any way subject to, or affected by, any such lien
or encumbrance. Any attempted assignment, transfer, mortgage,
encumbrance or subletting without such consent shall be void and
constitute a breach of this Agreement.
In the event Concessionaires desire to assign or
sublet their interest in this Agreement to a person or entity,
Concessionaires shall submit -in writing to City (i) the name of
the proposed subtenant or assignee; (ii) the nature of the pro-
posed assignee's or subtenant's business and experience with
same; (iii) the proposed sublease or assignment; and (iv) such
financial and other information as City may reasonably request
concerning the proposed subtenant or assignee. City agrees not
to unreasonably withhold its consent to an assignment or sub-
letting provided that the 'proposed assignee or subtenant has
suitable financial strength, experience and character for opera-
tion and control of the Premises.
If an entity succeeding to Concessionaires' interest
hereunder is deemed a public corporation under the then current
guidelines of the California Corporations Commissioner or is an
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unincorporated association or partnership, the transfer, assign-
ment or hypothecation of any stock or interest in such corpo-
ration, association or partnership in the aggregate of more than
fifty percent (50%) shall be deemed an assignment within the
meaning of provisions of this Section.
City's consent to assignment shall not relieve
Concessionaires from their obligations or liabilities under this
Agreement nor act as a waiver of the requirement that such
consent be obtained to any subsequent assignment or sublease.
In the event Concessionaires request the consent of
City, or City's consent is required for a proposed assignment or
subletting of the Premises, then Concessionaires shall pay City's
reasonable attorneys' fees incurred in connection therewith, such
attorneys' fees not to exceed FIVE HUNDRED DOLLARS ($500.00) for
each such request.
10. EQUIPMENT AND FURNISHINGS.
The improvement's made to the structure on the Premises
by Concessionaires shall immediately become property of the City
upon termination or expiration of this Agreement.
Notwithstanding the foregoing, all trade fixtures,
equipment and signs installed by Concessionaires shall be and
remain the property of Concessiionaires and shall be removeable at
any time during the term of ;this Agreement or immediately upon
the termination or expiration of this Agreement so long as
Concessionaires shall not be in default under the terms hereof.
The removal of any such fixtures, equipment and signs shall be at
Concessionaires' sole expense and Concessionaires shall repair
any damage or injury to the Premises to any building or structure
located thereon occasioned by the installation or removal
thereof. In the event Concessionaires fail to remove any fixture
or equipment within sixty (60) days from the date on which this
Agreement terminates or expires, such fixtures or equipment shall
be deemed abandoned, shall become the property of the City and
the City shall have the full power and authority to control, use
or dispose of same. In the event Concessionaires fail, all
equipment and materials remaining shall be deemed abandoned and
shall become the prop'er-ty of City, with full power and authority
to control, use or dispose of same. -
The removal of any such fixtures, equipment and signs
shall be at Concessionaires' sole expense and Concessionaires
shall repair any damage or injury to the Premises or any building
or structure occasioned by the installation or removal thereof.
Upon expiration of this Agreement or any extension
thereof, or upon earlier termination, Concessionaires shall
surrender, the Premises in good condition and repair, reasonable
wear and use excepted.
b 11. TAXES.
+ Concessionaire shall pay all wages or salaries and all
federal, state, and local taxes or contributions imposed or
required under the' Unemployment "Insurance, Social Security,
Income Tnx, and Worker's Compensation laws, or under other laws
respecting Concessionaires' employees engaged in the performance
of Concessionaires' obligations hereunder, and shall indemnify,
defend and -hold City harmless with respect to any such
obligation.
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This Agreement may create a possessory interest in
public property which is subject to taxation. In the event such
interest is created, Concessionaire shall pay any and all taxes
levied on such interest.
Concessionaire shall pay any and all taxes upon per-
sonal property and improvements belonging to Concessionaire
based, in any way, upon Concessionaires' use of the Premises,.
12. INSURANCE.
It is agreed that Concessionaires shall maintain in
force at all times subsequent to the effective date of this
Agreement all policies of insurance required by this agreement,
and that said policies shall be secured from a good -and responsi-
ble company or companies, acceptable to City, and authorized as
an insurance carrier in the State of California.
Concessionaires shall maintain the following insurance
coverage:
A. Liability Insurance.
The general liability coverage• shall provide the
following minimum limits:
Bodily Injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage $100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate
limits in the amount of $1,000,000 will be considered equivalent
to the required minimum limits. The policy shall provide
liability coverage for all occurrences on the Premises, including
the sale of food, beverage or other product or merchandise.
B. Worker's Compensation.
All employees of, the Concessionaires must be
included under such••policy inl'an amount and with coverage
sufficient to meet all requirements -of the California Labor Code.
C. Property Insurance.
Concessionaires shall obtain and keep in force
during the term of this Agreement a policy or policies of insur-
ance covering loss or damage to the Premises, and covering loss
or damage to Concessionaires' fixtures, equipment, improvements
and personal property ("Personal Property") in the amount of at
least 100% of the full replacement value thereof, as the same may
exist from time to time, against all perils included within the
classification of fire, extended coverage, vandalism, malicious
mischief.
Each year during the term of this Agreement,
Concessionaires shall provide City with appropriate amended
insurance endorsement which reflects the current full replacement
value of the Premises and the full replacement value of
Concessionaires' Personal Property.
D. Builder's Risk Insurance.
Before commencement of any construction or
demolition, Concessionaires shall procure and shall keep in force
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until completion and acceptance of work, "ail risks" builder's
risk insurance including vandalism ---and -malicious mischief,
covering improvements in place and all material and equipment at
the jobsite furnished under contract, but excluding contractor's,
subcontractor's and construction manager's tools and equipment
and property owned by contractor's or subcontractor's employees,,
with limits in accordance with project value.
E. Boiler Unusual Hazards and Other Insurance.
Concessionaires sha,11 procure and keep in force,
in coverage satisfactory to City:
(1) Boile'r and machinery insurance if at any time
from time to time such equipment is located on the Premises.
(2) If Concessionaires commit, permit or cause the
conduct of any activity or the bringing or operation of any
equipment on or about the Premises creating unusual hazards,
Concessionaires shall, promptly on demand from City, procure and
maintain in force, during such activity or operation, insurance
sufficient to cover the risks represented thereby. City's demand
for unusual hazard insurance shall not constitute a waiver of
City's right, to demand the removal, cessation or abatement of
such activity or operation.
F. Business Interruption Insurance.
Concessionaire shall provide and keep in force
during the term of this Agreement, business interruption
insurance insuring that monthly rent, and all insurance premiums
and taxes, shall be paid for a period of at least six (6) months.
G. Subrogation Waiver.
Concessionaires and City
all rights of recovery against the
employees, agents and representatives
or damage to such waiving party or its
of others under its control, where such
under any insurance policy, whether
Agreement, in force at the time of'such
H. Failure to Secure.
each hereby waive any and
other, or against the
of the other, for loss of
property or the property
loss or damage is insured
or not required by this
loss or damage.
If Concessionaires should fail to secure or
maintain .the foregoing insurance, City shall, after ten (10)
days' notice to do so, be permitted.to obtain such insurance in
the Concessionaires' name or as an agent of the Concessionaires.
Concessionaires shall pay all costs of the insurance premiums to
City within ten days of notice specifying the suns due.
Concessionaires shall pay City interest on paid insurance
premiums at the maximum rate permitted by law computed from the
date premiums are paid.
I. Additional Insured.
City, its City Council, boards and commissions,
officers, agents, servants, and employees shall be named as an
additional insured under the policies of insurance required by
this Agreement. Any other insurance held by City shall not be
required to contribute toward any loss or expense covered by the
insurance provided by this policy.
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J. Notice of Cancellation.
All policies of insurance required by this Para-
graph shall contain a provision which obligates the carrier to
give City at least thirty (30) days' written notice prior to
cancellation or amendment of the policy.
13. SAFETY REQUIREMENTS. 11
All work performed .under this Agreement, shall,_ be per-
formed in a manner which maximizes' public safety and meets or
exceeds, state and/or local safety rules or regulations.
Concessionaires shall maintain Premises- free of
hazards to persons and/or property resulting from its operations.
14. COMPLIANCES.
Concessionaires shall conduct all operations in accor-
dance with all laws and comply with all federal, state or local
laws, ordinances, rules and regulations applicable to such
business, in effect or hereinafter adopted.
15. PERMITS AND LICENSES.
Concessionaires shall obtain, and maintain during the
term of this Agreement, all appropriate licenses, permits and
certificates that may be required in connection with the
operation of its facility and for the provision of services here-
under and such licenses, permits, and such certificates shall be
obtained at the sole cost of Concessionaires.
16. HOLD HARMLESS.
Concessionaires shall indemnify, and hold harmless,
City, and its officers, employees, agents and representatives,
from any and all claims, liabilities, loss, damage or expenses
which arise out of, or in any way related to, the following: (a)
the use of the premises by Concessionaires; (b) any act or
omission of Concessionaires, or their officers, agents,
employees, representatives or contractors; and (c) any work or
services performed on or to the premises or any material,
equipment or supplies furnished to the premises by
Concessionaires or their officers, employees, agents,
representatives or contractors.
The duty of Concessionaires to indemnify, defend and
hold harmless pursuant to this Section shall include, without
limitation, claims, liability, losses, damages or expenses
arising out of the death of, or injury to, any person or persons
including Concessionaires, or their officers, employees, agents,
representatives or contractors, and any damage to, or destruction
of, any property, including that owned by Concessionaires or
their officers, employees,' agents, representatives or
contractors.
The duty of Concessionaires to indemnify, defend and
hold harmless pursuant to this paragraph shall not extend to any
claim, liability, loss, damage or expense that results from. the
death or injury of any person, or the damage or destruction of
any property, that is caused by the negligent act or omission,
intentional act, or fraudulent act of City, or any of its
officers, employees, agen-ts or representatives.
Except as provided in Paragraph 17, and except as to
claims filed by Concessionaires, or their employees,
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r
representatives or agents, the City shall indemnify and hold
Concessionaires harmless from any claim, liability, loss or
expense proximately caused by the negligent act or omission of
the City or its employees, officers or agents.
17. DAMAGE OR DESTRUCTION TO PIER OR PREMISES.
An overriding consideration for City's approval of
this Agreement is the commitment by Concessionairesh,'that City
shall not be liable for apy loss of income, trade, business,
goodwill or property damage -that is in any way related to the
destruction of, damage to, structural instability of, or closure
of the Pier, and further, that City shall not be required to make
any repairs to, or reconstruct any portion of, the Pier, in the
event of damage, destruction or unstability which requires
closure. This commitment is significant because, given the
investment by Concessionaires and the potential success of the
restaurant operation, the liability of the City could, in the
event of such damage, destruction or closure, exceed the revenue
derived from this Agreement and, further, that the cost of repair
or reconstruction may be significant.
Concessionaires, given the significant investment
required by this Agreement, the potential success of the
restaurant operation, and the significant rent required by this
Agreement, have a substantial interest in acquiring the right to
make repairs to the Pier in the event of a closure caused by
damage, destruction or instability, and in the event City is
unwilling or unable to -make such repairs. Concessionaires also
has a significant interest in obtaining the right to promptly
terminate its obligation to pay rent in the event the Pier is
closed due to damage, destruction or instability and
Concessionaire is unable or unwilling to make necessary repairs.
The provisions of this Section shall be interpreted
and construed in a manner which is consistent with the interests
of the parties as expressed above.
A. Damage or Destruction to Pier Structure.
(1) City reserves'theright to close the Pier, or
any portion thereof;- at any time during the term of this
Agreement if, in the opinion of the Public Works Director, the
Pier is unsafe for use due to damage, destruction, instability,,
weather conditions, or other reason. In the event of such
closure, City may grant Concessionaires access to said Premises,
for the limited purposes of moving material or securing Premises
and upon "such condition as may fully protect the City from any
liability for death, personal injury or property damage stemming
from Concessionaires' activities.
(2) If City closes the Pier, or any portion
thereof, for any reason, or any structure or improvement thereon,
or property of Concessionaires is damaged or destroyed as a
result of damage to, or the destruction or instability of the
Pier, City shall not be liable to pay, and Concessionaires shall
not be entitled to receive, from the City, compensation for any
lgss or damage sustained by Concessionaires that is in any way
related to the closure of the Pier or the damage or destruction
or instability of the Pier; including, without limitation, any
loss of income, trade, business, goodwill or damage to Premises
or fixtures or equipment located therein.
(3) In the event City closes the Pier, or some
portion thereof, pursuant to the rights reserved in this
paragraph, city shall not be obligated to reopen the Pier, nor
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shall City be obligated to repair, reconstruct or rebuild the
Pier or any portion thereof. In the event of damage to the
premises or property of Concessionaires caused by damage to, or
destruction or instability of, the Pier, City shall not be
obligated to repair or reconstruct the Premises or any structure
or improvement thereon, nor shall City be obligated to repair or
replace any property or equipment of Concessionaires.
(4) In the event City closes the Pier pursuant to
this section, Concessionaires shall have the right to make
repairs to the Pier, at their sole cost and expense, if:.
(a) Concessionaires have received written
permission from City to make such repairs; and
(b) Concessionaires have submitted, to the
Public Works Director, a report from a qualified consultant or
consultants, experienced in marine construction, describing the
repairs necessary to make the Pier safe for public use, together
with plans and specifications to be used in making the repairs;
and
(e) The Public Works Director has approved the
report, plans and specifications submitted by Concessionaires;
and
(d) All repairs are made in conformance with
the report, plans and specifications submitted by Concession-
aires.
(5) In the event the Pier is closed for a period
of ninety (90) consecutive days, or longer, during the term of
this Agreement, Concessionaires may terminate this Agreement upon
thirty (30) days' written notice of their election to terminate.
(6) In the event Concessionaires elect to
terminate this Agreement due to closure of the Pier for ninety or
more consecutive days, and the Pier is made safe for public use
within five years from the date of termination, City shall, prior
to offering use of the Premises to another party, extend to
Concessionaires the right to use the Premises on the same terms
and conditions as exist in th-Is.Agreement) provided, however,
monthly rent shall be adjusted to reflect any increase in the CPI
between the date of termination and the date on which the offer
is extended, Concessionaires shall have no duty to make required
improvements, and Concessionaires shall provide all necessary
policies of insurance, obtain all necessary permits and
approvals, and commence operation within one hundred fifty (150)
days from the date on which Concessionaires accept City's
offer. Concessionaires shall have thirty (30) days within which
to accept the offer of a new Concession Agreement.
(7) In the event the Pier is closed pursuant to
this section or if the Premises are rendered unusable owing to
damage or destruction beyond the control of the Concessionaires,
Concessionaires shall not be obligated to pay Monthly Rent for
such period..
B. Damage Near End of Term. If at any time during
the last twelve (12) months of the Term or extended term of this
Agreement, there is damage to the Premises to the extent that the
cost of repair is fifty (50°6) percent or more of the full insur-
able value of the Premises and the repairing and rebuilding of
the Premises would exceed ninety (90) days, Concessionaires may
terminate this Agreement as of the date of occurrence of such
damage by giving written notice to City of Concessionaires' elec-
tion to do so within thirty (30) days after the date of
occurrence of such damage.
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C. Damage or Destruction to Premises.
(1) in the event of damage or destruction to the
Premises, other than that caused by City as provided in
subsection (2), Concessionaires shall commence repairs within
thirty (30) days and thereafter proceed with due diligence to
complete repairs. All repair work shall be done at the sole cost
and expense of Concessionaires. Concessionaires shall be
responsible for obtaining all necessary permits prior to
proceeding with required repairs.
(2) In the event of damage to, or destruction of,
the Premises resulting from the acts or omissions of City, or its
employees, officers, agents, representatives, or contractors,
which occur in the course of maintaining the Pier, the Premises
shall be repaired or restored by City, and at its expense. City
shall obtain all necessary permits and approvals, shall commence
repair or restoration within thirty (30) days from the date of
damage, and shall diligently pursue repairs to completion.
Monthly rent shall be abated in the proportion that the
untenantable portion of the Premises bears to the entire
Premise. Except for the abatement in rent, Concessionaires shall
not be entitled to receive any form of compensation or
consideration for any loss or damage caused; or alleged to be
caused, by the damage to, or destruction of the Premises,
including, without limitation, loss of income, loss of business,
loss of goodwill, or damage to fixtures or equipment.
(3) If, at any time during the last twelve (12)
months of the term, or any extended term, of this Agreement, the
Premises are damaged to the extent that the cost to repair is
fifty (5006) percent or more of the full replacement value of the
Premises, or repair of the Premises would exceed ninety (90)
days, Concessionaires may terminate this Agreement as of the date
of the occurrence by giving written to City of their election to
do so within thirty (30) days after- the occurrence.
Notwithstanding the provisions of subsection 16C.(2) if, during
the last twelve (12) months of the term of any extended term or
this Lease, there is damage to the Premises to the extent that
the cost of repair is fifty percent (50%) or more of the full
replacement value of the Premises, and the damages caused or
alleged to be caused,' by the act 'or omission of the City or its
officers, employees, agents, representatives or contractors, City
shall have no duty to repair or rebuild the Premises, but rather
Concessionaires may elect to repair or rebuild the Premises or
terminate this Agreement as of the date of damage by giving
written notice to the City of their election to do so within
thirty (30) days from the date of damage.
18. SUBORDINATION.
This Agreement is and shall be subordinate to any
encumbrance now of record or recorded by City after the date of
this Agreement affecting the Premises.
Such subordination is effective without any further
act of Concessionaires. Concessionaires shall from time to time
op request from City execute and deliver any documents or instru-
ments that may be required by a lender to effectuate any
subordination. If Concessionaires fail to execute and deliver
any such documents, or instruments, Concessionares irrevocably
constitute and appoint City as Concessionaires' special attorney -
in -fact to execute and deliver any such documents or instruments.
-19-
10. DEFAULTS.
The occurrence of any one or more of the following
events shall constitute a material default and breach of this
Agreement by Concessionaires:
A. The vacating or abandonment of the Premises by
Concessionaires.
B. The failure by Concessionaires to make any payment
required by this Agreement, as and' when due, when such failure
shall continue for a period of three (3) business days after
written notice thereof from City to Concessionaires.
C.' Except as specified in subsection B, the failure
by Concessionaires to observe or perform any of the covenants.,
conditions or provisions of this Agreement to be observed or
performed by Concessionaires where such failure shall continue
for a period of ten (10) days after written notice thereof from
City to Concessionaires; provided, however, that if the nature of
Concessionaires' default is such that more than ten (10) days are
reasonably required for its cure, then Concessionaires shall not
be deemed to be in default if Concessionaires commenced such cure
within said ten (10) day period and thereafter diligently prose-
cutes such cure to completion.
D. The making by Concessionaires of any general
arrangement or assignment for the benefit of creditors.
E. Concessionaires become a "debtor" as defined in 11
U.S.C. Section 101 or any successor statute thereto (unless, in
the case of a petition filed against Concessionaires, the same is
dismissed within 60 days).
F. The appointment of a trustee or receiver to take
possession of substantially all of Concessionaires' assets
located at the Premises or of Concessionaires' interest in this
Agreement, where such seizure is not discharged within thirty
(30) days.
G. The attachment, execution or the judicial seizure
of substantially a-11'of Concessionaires' assets located at the
Premises or of Concessionaires' interest in this Agreement, where
such seizure is not discharged within thirty (30) days.
H. The discovery by City that any financial statement
given to City by Concessionaires was materially false.
20. DEFAULT BY CITY.
City shall not be in default unless City fails to
perform obligations required of City within a reasonable time,
but in no event later than thirty (30) days after written notice
by Concessionaires to City specifying the nature of the alleged
failure to perform such obligations. If the nature of City's
obligation is such that more than thirty (30) days are required
for performance then City shall not be in default if City
commences performance within such thirty (30) day period and
thereafter diligently prosecutes the same to completion.
21. CONDEWTAT I ON.
A. In the event proceedings are taken pursuant to an
exercise of the power of eminent domain by any lawful authority
to condemn or otherwise acquire in excess of ten percent (10%) of
the floor area within the Premises and in the further event that
-20-
the Premises will no longer be suitable for the permitted uses
h-ereunder as a result of such taking, -Concessionaires shall have
the option, by written notice to City at any time prior to the
date of the taking by the condemning authority, to terminate this
Agreement effective as of the date of possession. In the event
of such termination, rent shall be prorated to the date of
termination and any unearned rent shall be refunded to Conces-
sionaires. Concessionaires shall not grant a right of entry to
any condemnor without the written consent of City.
B. Should Concessionaires not elect to so terminate
this Agreement, or should any such taking not be sufficient to
allow such option to terminate, this Agreement shall terminate as
to the portion of the Premises taken upon the date which posses-
sion of said portion is taken, but this Agreement shall continue
in force and effect as to the remainder of the Premises and
Concessionaires, at its own cost and expense, shall promptly
restore the remaining portions of the improvements as nearly
comparable as practicable to the unit existing just prior to such
taking. Concessionaires shall, in the event of a taking of any
portion of the Premises, be entitled to a reduction in the
Monthly Payment payable pursuant to Section 7A above thereafter
required to be paid, such that the reduced Monthly Payment will
be in the same proportion to the Monthly Payment theretofore
required to be paid that the fair rental value of the Premises
following such a taking and restoration and repair by City bears
to the fair market value of the Premises immediately prior to
such taking.
C. In the event that an award is made for an entire
or partial taking or for damage to the Premises or any interest
therein in any action in direct or inverse condemnation or in the
event of a taking under the power of eminent domain, the parties
hereto agree that their respective rights to the award or
compensation paid shall be as follows:
(1) City shall be entitled to that portion of the
award received for the taking of the real property within the
Premises, including all buildings and other improvements to which
City is entitled on expiration or termination of the Agreement.
(2)"Concessionaires sha'•11 be entitled to any award
that may be made for the taking of or injury to Concessionaires'
business and profits or on account of any cost of loss
Concessionaires or its subtenants may sustain in the removal of
its or their merchandise, fixtures, equipment and furnishings
from the Premises.
(3) Any severance damages and interest payable on
the total award shall be divided between City and Concessionaires
in the same ratio as are the awards granted to them pursuant to
the other provisions of this paragraph.
(4) Concessionaires shall not be entitled to any
portion of the award on the basis that Concessionaires' interest
in this Agreement has a bonus value (i.e., that the -fair rental
value of the Premises for all or any portion of the remainder of
the term hereof exceeds the rental reserved under this Agreement
for such period).
22. NOTICES.
All notices, demands, requests or approvals to be
given under this Agreement shall be given in writing and shall be
deemed served when delivered personally, or seventy-two (72)
hours after the deposit thereof in the United States mail,
-21-
r'
r
postage prepaid, registered or certified, addressed as herein-
after provided.
All notices, demands, requests or approvals from
Concessionaires to City shall be addressed to:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 9.2663
Attention: City Manager I n
All notices, demands, requests or approvals froril
the City to Concessionaires shall be addressed to:
with copies to:
HEG Enterprises
Miners Landing
1301 Alaskan Way
Seattle, WA 98101
Wolfgang and Erika Merting
2900 East So. Greenville
Santa Ana, California 92704
23. PRODUCTION OF STATEMENT, RECORDS AND AUDIT.
Concessionaires agree to make available for inspection
by City at the Premises a full, permanent, and accurate set of
books and records of all sales of merchandise and revenue derived
from the conduct of business in, at or from the Premises from
which Gross Sales can be determined and all supporting records,
including all federal, state and local tax returns. Concession-
aires agree to furnish to City copies of its quarterly California
sales and use tax returns at the time that each is filed with the
State of California.
City shall approve the method, manner and procedure
for preparation and maintenance of the financial records
pertaining to the Premisies. AIA such records shall be
maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily
accessible.
Concessionaires further agree that it will keep,
retain, and preserve for at least three (3) years all records,
books, bankbooks, or duplicate deposit books, and other evidence
of Gross Sales for such year. Concessionaires agree to install
in the Premises a cash register, or registers, approved by City,
equipped with a cumulative total, and sealed and maintained in a
manner approved by City. Concessionaires agree to register, or
cause to be registered upon such cash register, or registers, all
amounts required to be included in Gross Sales.
City shall have the right, upon reasonable notice and
at City's expense, to inspect and audit Concessionaires' books
and records and to make transcripts therefrom to verify the
payment due City. Such audit may be made at any time during
normal business hours without prior notice by City. If City's
audit discloses an error of five percent (5%) or more in Gross
Sales as reported by Concessionaires which results in an
underpayment in the percentage rent owed by Concessionaires, and
City's audit is correct, Concessionaires shall pay the cost of
City's audit computed on the basis of the direct payroll of the
-22-
r
audit staff completing the audit and audit report.
Concessionaires shall immediately pay all deficiencies to City.
City
om such
statements, inspeeition,'ieoraudit confidential agnditshallaedfrnot dis-
close it other than to carry out the purposes of this Agreement,
except that City shall be permitted to divulge the contents of
any statements in connection with any financing arrangements or
sale of City's interest in the Premises.
24. INTEREST ON PAST,DUE-OBLIGATIONS. M'
Except as expressly herein provided, any amount due to
City not paid when due -shall bear interest at the maximum rate
then allowable by law from the date due. Payment of such
interest shall not excuse or cure any default by Concessionaires
under this Agreement, provided, however, that interest shall not
be payable on late charges incurred by Concessionaires or on any
amounts upon which late charges are paid by Concessionaires.
25. WAIVERS.
No waiver by City of any provision hereof shall be
deemed a waiver of any other provision hereof or of any
subsequent breach by Concessionaires of the same or any other
provision. City's consent to, or approval of, any act shall not
be deemed to render unnecessary the obtaining of City's consent
to or approval of any subsequent act by Concessionaires. The
acceptance of rent hereunder by City shall not be a waiver of any
preceding breach by Concessionaires of any provision hereof,
other than the failure of Concessionaires to pay the particular
rent so accepted, regardless of City's knowledge of such
preceding breach at the time of acceptance of such rent.
26. RECORDING.
Either City or Concessionaires shall, upon request of
the other, execute, acknowledge and deliver to the other a "short
form" memorandum of this Agreement for recording purposes.
27.•CUMULATIVE REMEDIES.
'
No remedy or election hereunder shall be deemed exclu-
sive, but shall, wherever possible, be cumulative with all other
remedies at law or in equity.
28. SECURITY MEASURES.
Concessionaires hereby acknowledge that the rental
payable to City hereunder does not include the cost of guard
service or other security measures and that City shall have no
obligation whatsoever to provide same. Concessionaires assume
all responsibility for the protection of Concessionaires, its
employees and agents, invitees, customers, and property from acts
of third parties.
29. HOLDOVER.
Any holding over by Concessionaires after the expira-
tion or any termination of this Agreement shall not constitute a
renewal or extension of the term of this Agreement.
30. COSTS OF LITIGATION.
If any legal action is necessary to enforce any provi-
sion hereof or for damages by reason of an alleged breach of any
-23-
1.
provisions of this Agreement, the prevailing party sha11 be
entitled to reasonable costs and expenses, including attorneys'
fees, in such action or proceeding.
31. ADMINISTRATION OF AGREEMENT.
For the purpose of the administration of this Agree-
ment by City, "City" shall mean the City Manager and any officer
and employee of the City authorized by hkm to admin!A er to con-
tract. If Concessionaires are dissatisfied with any action or
decision of the City Manager, Concessionaires may take the matter
to the City Council for review. The decision by the City Council
shall be final.
32. CAPTIONS FOR CONVENIENCE.
The captions herein are for -convenience and reference
only and are not a part of this Agreement and do not in any way
limit, define, or amplify the terms and provisions hereof.
33. GOVERNING LAW.
This Agreement has been made and shall be construed
and interpreted in accordance with the laws of the State of Cali-
fornia.
34. MERGER OF NEGOTIATIONS.
This Agreement represents the full and complete under-
standing of every kind and nature whatsoever between the parties
hereto and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant shall be held to vary the provisions
hereof. In the event this Concession Agreement does not become
effective on or before January 1, 1987, the Old Concession
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed the day and year first above written.
%POVED ASi TOFOEIVI;
ity Attorn'y
(wh G`
WOLF,)
G MVRTINU
so-t 't LIPs_t-n,
ERIIfA MERTING
-24-
A`1"1'�ti'1�
City C 'k
CONCESSIONAIRES:
HEG ENTERPRISES,
a Califo is corporation
By
S
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OHO 5421
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cI fY ^-.it41 LC PA K
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wf Gn
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-
• .Ig1 onl rcw Li lu U N W )ill
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Sr1 [,IO.e ..IR 1{t'C[ Il, l.Y. 1! IV 1C0 `i Yli,
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b-ALE OF Full
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iili��JP.}I\MIh1Y,i��iHlywSJ(LIII(1'�(M^•1{Y�J�'('.aliAirlAl(,�:f�.•'i^`�•�E+4'�i Af�l'lFib.�,ai♦;♦�YW��)iY.��{TY•M„1i['•1K Ii�)�^1.LLi' ll[h:�IJ,-L'%iC;NaLC11Y •i i
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DISTRICTING
NEWPORT BEACH — CALIFORNIA
_ •�,
AGRICULTURAL RESIDENTIAL
SINGLE FAMILY 9EAOEtlidl [_C-F-T
MULTIPLE RESIDENTIAL ,
LIGHT COMMERCIAL
DUPLEX RESNENELSL C-C
AEei6 MULTIPLE FVAla RESIDEMW,
GENF'14L COKNERLIAL'
NaNUFACTURWO
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UNCUSSIFIED
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ORD. N0. GSS n sL_
CC_ N, IgSD MAP NU,O
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. JEAN W.FRALEY•ARCHITECTS
002 LAKESIDE AVENUE SOUTH
I FISHERMAN'S GALLEY NEWPORT • BEACH,' CALIFORNIA FOR H. E. G. ENTERPRISES SEATTLE, WA. SBt44 • 024 aB00
I
�r r }.� �.:, ..H! . ' !." _ _ : j. .j r. §.'Tat �a••!� r Y K•)!„i ^qi+ Av l nor R:5'..':: ^�•� 1 ��{��: �Iu � _ ., ' I '•�'+�(X:. _ :1Y"•R�F+�': ;;A .r ,0}s7�py c., �•^�.�. t"; fqy i.+r �i�: t"�. :l w'r.f,�'x�i'4 T'T_.'.�.. r.e;�^v �,*r •�-.. ....t.T..,.. .t.
: �. ..'R •1 .i :1''r. r .l(: •rt�.F.•�: f, >�,SL: rrpd�l. 1.�1� {i :•.�5: .l, .� � .)t. :_•^ r, �� •
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Mal
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9� F� ••>�'� psi• i
tdip..
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11•rY is ow
•fd-e•
c '
Floor Plan Deck Level
wt. va--Y4 1•a Pm3 pp
Edp of 5 t1aY H _
FISHERMAN'S GALLEY NEWPORT BEACH. CALIFORNIA
,•TY OF NEUT;%T H_ iCH
-??RGVAL 1'1 MX,-i T Co 177 —FC _
.his to a aCp'icaaa ptandno r.}ut3tions
•ud Potic;-S m E'.i.Cl0n Li'S d3i?
In[Le pt� p;E r': to ha L'-d t:: M_S:!:UU•Cn purrCS¢S. 110
is fCaACd from
' TIAT;N�1td 5C :..iTi �E7T
I JAMS ] H.Lt'IDZI). o.mctcr II
North Elevation . -
k.» vi -, 14 e� 56
:,,y DF n-wrc T EEICFI
:racvA,
h!s prolcal cc„ .c to all apc!Ic 2WO p!pna,ng rejulahons
n _. ..: 4:y dine.
aec pls a.z r It t; to teed le: c^ec:vcncn purposes. No
,Z rg P.M. A. .. ae IpLu:! oatl!Is icc i'ed from
• ca!iforr'n C: -s:a Gma:;aan
;JAI. t ]. fiMifCl ". Difr t11cr —
DJ ti ,x4 Data:
East Elevatll
C..b
t of ES-5 ,
FISHERMAN'S GALLEY NEWPORT BEACH. CALIFORMA.
it
;r
4
If
South Elevation
'Y OF NSIT ST EACH
PRO.IAL Pl^:tic-n NO, /7rz iX i
.- a .e .: i app..aotle,!enning regulations
d pcB::c .a .K :t an L'at daia.
re r:: to Le u: cd U: ca!:ucNen purposes. NO
tfog p.rn1. .' _e iss.r'rv,l approval Is received imm
calitarr,.a Cc ems! Unasc.on
ANNINc
M S J. HE:rIC T C_Ic ' �° I
L i
West Elevation
ecw try=1'-✓Tc !S Pv e '
FISHERMAN'S GALLEY NEWPORT BEACH, CALIFORNIA
North Elevation
scar va--t• 14 FED 96
East Elevation
F� ASS
5 NnJ e0s ,
FISHERMAN'S GALLEY
NEWPORT BEACH. CALIFORNIX
ITTY OF VPAPORi BEACH
APPROM IN MICEPT NO, J I I — Eg%—
Trns projc:t c::'-rrs to a!I a;p:tcab:k p!cnracg r;u!alions
,.,d poles a cC,:t w tr a date.
lines: Ttaaa are not to _e used to c:,struclloa perposes. No t
••u.!dvq pp: ntt AT to Is :cJ •.ati! M10al Is MMIled born t
:ee Cdglc—:v Ce, SIL! C:,'nni!s::an.
I. LAtR11 .G D- AF.i .".EMT
I JAM S I NEtt7C"'R, •e`tar
By ' Date.'
2310-12-84
CL 'MP
10: N rt/Costa Mesa/W.Irvine
$33 ,500 (c) 31-C/6
` 16191296-6391
•v„ 60MpS INCOHPORATED 814 Morena 81vd., Suite 101 San Diego• CA 92110
COMMERCIAL LAND
BUYER: (714) 774-9350
Feverstein, Fainbarg, et al
c/o Arnold Feverstein
2293 West Ball Road
Anaheim, CA 92804
SELLER: (714) 542-0051
M/H ECcle6S V. Carlton
1225 S. Broadway
1 Santa Ana CA 92701
'l
:i VITAL DATA:
Closing Date: September. 28 '84
:.;Document A: 404940
Sales Price: $334,500 (c)
Down Payment: $134,500/40%
"''Zone: ml, City of Newport Beach
_.l intended Use: Unknown
,Acres : .15 (gr) .15
(nt)
, $/Acre: N/Ap (gr) N/Ap
(nt)
Sq.Ft.: 6r342 (gr) 6,342
(nt)
$/SgFt: $52.74 (gr) $52.74
(nt)
;Existing Loans: None
Seller Carried: $200,000 5 yrs
12%
Topography: Level
Existing Improvements: 1 sty
metal
butler+FAS office bldg-poor cond
Offsites Required: All appear
to
'.�..be in
Traffic -Front: N/Av
Traffic -Side: N/Av
" ^Direct Exchan a?: No
NI ZONED LOT
512 30th Street
AREA MAP: 31-C/6
PLAT MAP: 047-033-01
rLegal:Lot 8,9 Blk 329 Bk 5 P14
o �
o o a
� y woo E
VILL4 „r
Title Co.:Safeco Title
nes plat map Is danved from currant tat assessors mops No damsels expressed
concenuna the accuracy of try Information contained harem.
LISTING; BROKERAGE SELLING:
None Involved Per Principal None Involved Per Principal
ition contained herein has been received from what are believed to be reliable sources but no guarantee as to its accuracy is expressly
tmade ten consent f COMPS INCORPORATED s iprohibited. All rights reOserved INCORPORATED.
Copyright1983 byaCOMPS INCORPORATED without the
I 50 — — O 50 100
1{1 MON M NT NOT _ -
1. OO FO. C/TY OF NENPoRT BEACH STO. WELL MOH. fp.P
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CURVE DATA
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R/W ACQUISITION
- - WILLOANASSOCIATTU -
,azoso.a,r.upal.a..aleaoo • ar�.x�.ul;eszeos FIR�AILf wREcrd NEWPORT BOULEVARD ..
nwn.+.wamm«mi _ d - ULTIMATE CONDITION
sow /son' dM !9 R/ dTL n ocvuwrMx L+�n rcsxa® oRR.n -
Lk�n CRY OF NEWPORT F
CH
REVISIONS PYfXO dTF AW1L WORNS OEPMTMfNT M¢Ei l Of j'
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CITY OF NEWPORT BEACH
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May 25, 1984
PLANNING DEPARTMENT
TO: Chris Gustin, Senior Planner
FROM: Bob Lenard, Advance Planning Administrator
SUBJECT: Cannery Village/McFadden Square Specific Area Plan
Following are some suggestions for the information that should be contained
and changes that should be made to the report that will go to the City
Council at their meeting of June 11, 1984:
1. Background. You should mention in the Background section of the staff
report the City Council's request that the Request for Proposal be
reviewed by the Planning Commission and the City Council. I am not sure
when this occurred or whether it was in conjunction with the Newport
Shuttle Study or some other matter.
2. Redevelopment Agency. You need to add language that would require the
consultant to research the possible use of a redevelopment agency, and
also add some discussion in your staff report.
3. Citizen Input. The RFP should be revised to add a section discussing
citizen input and indicating that there would not be any formalized
citizen's committees. However, there would be several interim study
sessions held with the Planning Commission and interested members of the
community in order to provide early citizen input. This should be
discussed in the staff report and indicate to the Council that the
Commission discussed the possibility of using a more formalized citizen
input process, but felt that the Commission could have better control over
the project and would be able to prepare the plan faster using the study
session alternative.
4. Boundaries and Sub -boundaries. The RFP should be revised to indicate that
although there is to be prepared an overall specific area plan that the
project is to be easily visible into two sub -areas (Cannery Village and
McFadden Square) for ease of understanding. You should emphasize the
importance of the area as a single entity and their importance as
individual entities, both in the staff report and in the RFP.
5. Notification for June 11, 1984 Meeting. Please make sure that former
R/UDAT members and other potentially interested parties are notified.
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CITY OF NEWPORT BEACH
• PLANNING DEPARTMENT
February 28, 1985
TO: Councilman Strauss
FROM: Planning Director
SUBJECT: Meeting of March 7, 1985
area
As a follow-up to your meeting with myself and Chris Gustin in the City
Manager's Office yesterday afternoon, February 27, 1985, I met with the City
Attorney and both the Chairman and First Vice -Chairman of the Planning
Commission. I have been informed that neither myself nor any member of the
Planning Commission has the authority to cancel, change, reschedule or
otherwise redirect any task, direction or assignment which has been given to
the staff by the Planning Co ission at large. I am, therefore, proceeding
with the meeting as originally �irected.
• However, in order to address the concerns which you shared with Chris and me, I
have written a second letter as a follow-up to our letter of February 21, 1985,
which is intended to show the relationship between Task 5 and the other six
tasks contained in the consultant's scope of Services. This letter also
explains that the direction to hold the meeting has come from the Planning
Commission and not the City Council or the Ad Hoc Citizens' Committee.
In addition, I have written a letter to the Ad Hoc Citizens' Committee advising
them of what is occurring and inviting them to attend the meeting.
I hope the steps outlined above have addressed your concerns and that you will
understand the rather unusual position in which I find myself.
row
JAMES D. HEWICKER
Planning Director
Attachments: Letters of February 21st and 28th (2)
CC: City Council
Planning Commission
• City Manager
City Attorney
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CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
February 28, 1985
TO: Citizens Ad Hoc Cannery Village/McFadden Square
Specific Area Plan Committee
FROM: Planning Department
SUBJECT: Meetina of March 7, 1985
At the Planning Commission Study Session of February 7, 1985, the Planning
Commission, Staff and Pat Mann of the Arroyo Group, met to review the progress
and issues which had been discussed to date on the Cannery Village/McFadden
Square Specific Area Plan. At that meeting the issue of redevelopment was
discussed at some length, and the Commission expressed a general feeling that
this was an issue that might have some merit and should be discussed in more
detail before the Specific Area Plan is presented formally to the Commission.
Therefore they have directed the Staff and our Consultant to meet with those
persons in Cannery Village/McFadden Square who would be most directly affected
by such a proposal.
The purpose of this letter is to advise you of the direction which has been
given to staff by the Planning Commission and to invite the members of the
Committee to attend the meeting even though it is not one of your regularly
scheduled gatherings. If there is sufficient interest and support, a second
meeting can be scheduled at a later date.
The meeting will be held at 9:00 a.m. on Thursday, March 7, 1985, in the City
Council Chambers.
Very truly yours,
0. 4j
J S D. HEWICKER
P anning Director
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Attachments: Letters of February 21 and February 28, 1985
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
February 28., 1985
TO: Recipients of Letter dated February 21, 1985
FROM: Newport Beach Planning Department
SUBJECT: Meeting of March 7, 1965 regarding potential redevelopment area
within Cannery Village
The purpose of this letter is to further expand and clarify our communication
of February 21, 1985, regarding the meeting to be held in the Council Chambers
at 9:00 a.m. on Thursday, March 7, 1985, for the purposes of discussing
potential redevelopment opportunities in Cannery Village.
• First of all, you should be aware that the exploration of feasible methods to
accomplish redevelopment in Cannery Village/McFadden Square is not the only
task under contract to the Arroyo Group. The Scope of Services approved by the
City and attached to the Agreement for Professional Services dated September 7,
1984, is an eleven page document which in outline format describes the follow-
ing seven tasks:
1. Inventory and Analysis
2. Concept Alternatives
3. Alternative Development, Analysis and Selection
4. Preliminary Draft Specific Area Plan
5. Redevelopment Analysis
6. Draft Plan Documentation
7. Hearings.and Adoption
A copy of the agreement between the City and the consultant is on file with the
Planning Department. We will be happy to make copies available to you on
request.
Secondly, you should know that the meeting on March 7, 1985, with the
consultant and staff, is being held at the request of the Planning Commission
and not the City Council or the Ad Hoc Citizens' Committee. Redevelopment with
the study area is a subject which has been touched upon many times by the
consultant, members of the Ad Hoc Citizens' Committee, and citizens and
property owners at large. It is also a subject which generally has not been
• looked upon favorably and is currently being considered only as an alternative
to other methods of upgrading the study area. Nonetheless, it is a subject
which the Planning Commission identified at its Study Session of February 7,
1985, as a subject which should be examined at least one more time.
4
In conclusion, I hope this letter will better explain what the Planning
Commission and the City are trying to accomplish. We look forward to meeting
with you on March 7th.
Very truly yours,
S
Q4At; ..
D. HEWICKER
Planning Director
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PLANNING DEPARTMENT (714) 644-3225
February 21, 1985
Dear
The City of Newport Beach has retained the services of The Arroyo
Group, a consulting firm, to prepare a Specific Area Plan for the
Cannery village/McFadden Square area. It is the intent of the Specif-
ic Area Plan to implement the policies and objectives of the 'General
Plan and adopted Local Coastal Program Land Use Plan, as they apply to
the study area. The primary issues to be addressed in the Specific
Area Plan are land use, density, parking and circulation, and aesthet-
ics. j
• The Newport Beach City Council and Planning Commission have directed
the consultant to also explore the feasibility of establishing a
redevelopment agency within the study area, with an analysis of the
need for and potential effectiveness of a redevelopment agency as a
means of implementing the Specific Area Plan.
The consultant has identified an area within Cannery Village that
could benefit from the establishment of a redevelopment agency. This
area is bounded by Thirtieth Street on the north, LaFayette Avenue on
the east, Twenty-sixth Street on the south, and Balboa Boulevard on
the west. This area also includes the "islands" between Balboa and
Newport Boulevards.
As a property owner within the area defined as having the potential
for redevelopment, the City and its consultant are interested in
hearing your opinions on this proposal. On Thursday, March 7, 1985, a
meeting will be held in the City Council chambers at 9:00 a.m. At
this meeting the city's consultant will discuss redevelopment agencies
and their activities in general and how the establishment of such an
agency may affect you as a property owner. This meeting is intended
to be an open forum for the exchange of ideas and to provide the City
with your views of such an action. Your attendance at this meeting
will provide you an opportunity to participate in the planning process
and to be a part of the success of the Cannery Village/McFadden Square
Specific Area Plan.
4
February 21, 1985
Page two
Should you have any questions or desire additional information, please .
do not hesitate to call me at any time.
very truly yours,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By
Chris Gustin
Senior Planner
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Planning Commission Meeting March 4, 1982
Agenda Item No. 6
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Specific Plan Areas (Discussion)
Review of Specific Area Plan designations on the General Plan,
and discussion of priorities of beginning studies in each of said
areas.
INITIATED
BY: The City of Newport Beach
.Background
At -the meeting•of December 14, 1982, the City Council directed the Planning
Department to review the specific area plan designations on the General
Plan with the Planning Commission in order to set priorities on starting
specific area plan studies. When a priority list is established, it will
be reviewed by the City Council. on February 4, 1982. The Planning
Commission requested staff to estimate the time necessary to develop.
existing and permitted land use information for each specific plan area.
It was also requested that the Hoag Hospital/West Newport Triangle area be
'included.
Discussion
The areas designated €or.specific area plans -'are discussed below. Also
discussed is the area •westetly of Newport Boulevard in'the Hoag Hospital
and West Newport` Triangle area.
Beeco Ltd. (Banning) Property
This plan is to study the feasibility of a small craft harbor as well as
residential development in the area. The Beeco property is unincorporated
and currently an active oil operation. The Newport Beach General Plan
allows a total of 2,994 dwelling units plus an unspecified amount of
residential support commercial facilities. (shopping -centers),.
Balboa Bay Club
The General Plan indicates a specific area 'plan for the Balboa Bay Club
with no underlying land••use designation. The Local Coastal Program shows
the site for "Recreational 'and Marine Commercial". It is suggested that
the General Plan be amended to reflect' this designation and remove the
specific area plan designation. ;
TO: Planning Commission -2.
Beacon Bay
The General Plan indicates a specific area plan for Beacon Bay with no
underlying land use designation. The Local Coastal Program shows the area
for "Low -density Residential", "Two-family Residential" and "Recreational
and Marine Commercial" consistent with the existing zoning and land uses.
It is suggested that the General Plan be amended to reflect these
designations and remove the specific area pian designation.
Cannery Village/McFadden Square
This plan is to resolve existing orientation; access, and parking problems,
and to improve the visual environment. Substantial work on the Cannery
Village/McFadden Square specific plan (including the Central Newport
Parking Study) was completed in 1975. The study information does include
existing intensity and land use data, but the information would have to be
updated to current conditions. It is estimated that this study would
require 40 man hours.
Mariner's Mi
The Mariner's Mile Specific Area Plan 'was adopted in 1977. The Plan
currently limits the intensity of development to .5 FAR but permits an
increase in the allowable intensity to 1.0 with the 'provision of certain
preferred uses. It is estimated that 20 man hours are necessary to
develop existing land -use an development intensity data.
Newport Shores
The Newport Shores' Specific Area Plan was adopted in 1973.' The Plan
permits a development intensity of 2 times the buildable akea. It is
estimated that 10 man hours are necessary to develop existing land use and
development intensity data.
Central Balboa
This specific area plan is to resolve problems of access, orientation, and
parking and to enhance the visual environment. Due to the general age of
structures in the Central Balboa area, and the many small lots; it 'is
anticipated that 50 man hours are necessary to' develop existing land use
and development intensity data.
Corona del Mar
This plan will address the preservation and enhancement of the commercial
strip, including appropriate architectural design criteria and offstreet
parking standards. It is estimated that 30 man hours are needed to develop
existing land use and development intensity data for the Corona -del Mar
commercial strip. • I
TO: Planning Commission -3.
Old Newport Boulevard
This plan is to study problems of poor orientation and access, to encourage
redevelopment of existing uses to retail, service, administrative, and
professional uses; possibly related to Hoag Hospital. It is estimated that
20 man hours are necessary to develop existing land use and development
intensity data.
Hoag Hospital/West Newport Triangle (Commercial/Office/Industrial Areas)
This area consists of the M-1-A (Industrial), A-P (Administrative/
Professional), C-1 and C-2 (Commercial), and U (Unclassified) areas of Hoag
Hospital, the West Newport Triangle and adjacent areas. The General Plan
could be amended to designate this area for a specific area plan. it is
estimated that 40 man hours are necessary to develop existing land use and
development intensity data.
It is estimated that the land use surveys for the seven areas listed above
is 210 man hours. Based on current Departmental workloads it is estimated
that the study could be completed in approximately 2 months.
Suggested Action
If desired; direct staff to prepared land use surveys for the commercially
zoned specific plan areas and the Hoag Hospital/West Newport Triangle area
and continue the discussion of Specific Area Plan priorities to May 20,
1982.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By
Patricia Temple YY
Senior Planner
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Attachment: Specific Area Plan and Study Area Boundaries
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PREPARED BY COMMUNITY DEVELOPMENT DEPARTMENT
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June 23, 1983
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CITY OF NEWPORT BEACH
P.U. BOX 1768, NE%�'PORT BEACH. CA 92(,63.3884
TO: City Council
FROM: Ad Hoc Steering Committee for R/UDAT
SUBJECT: City Council Review of R/UDAT Report
Background
On February 14, 1963, the City Council adopted Resolution No. 83-20
establishing the Ad Hoc Steering Committee for R/UDAT (Regional/Urban Design
Assistance Team). The Committee was charged with coordination of the R/UDAT
program including budgeting, publicity, and citizen participation. The R/UDAT
Team came to Newport Beach from June 9-13 and presented their final report and
recommendations at the City Council meeting of June 13, 1983. Upon
presentation of the Team's report to the City Council, the Ad Hoc Steering
Committee was officially dissolved.
Discussion
The report submitted to the City Council by the R/UDAT Committee makes a wide
range of recommendations involving circulation system improvements, public
transportation, streetscape and public amenities, parking, and development
standards. Although the Ad Hoc Steering Committee focused the study area to
the McFadden Square/Cannery Village Area (as defined by the City's Specific
Area Plan boundary), the R/UDAT Team made proposals for other areas, notably
the Marinapark.and Lido Peninsula.
Now that the work of the Steering Committee is complete, a few observations
can be made. It is apparent that the primary objective in bringing a R/UDAT
to Newport Beach has been accomplished. That is, the recommendations made by
the team has stimulated considerable interest and dialogue concerning the
future of the study area. With the local community "awakened", the time is
right for commencement of detailed planning for the McFadden Square/Cannery
Village area.
The R/UDAT occurred at a time when a number of related studies are underway or
about to commence. These include the Transit/Shuttle Study, the Specific Area
Plan program, and the implementation of the Local Coastal Program. The R/UDAT
proposals draw on all of these projects, and are the R/UDAT's vision of a way
these various components could be drawn together in a comprehensive planning
program. The Steering Committee believes that, as such, the report and the
3300 Newport Boulevard, Newport Beach
city Counc! 2
proposals it contains can be used' as a "jumping off point", from which the
City can develop the comprehensive plan for the revitalization of the area.
The Steering Committee wishes, therefore, to make the .following
recommendations.
1. That primary focus of analysis be limited to the defined study
area, (that is, the Cannery Village/McFadden Square area).
2. That priorities be established for the study area, as follows:
A. Traffic and Circulation, as the primary problem of the
area, should be addressed immediately. Analysis of
R/UDAT proposals for circulation system improvements
should be included in any current and future traffic
and circulation system reports and should also be
analyzed by the Public Works Department staff as soon
as possible.
B. Urban Design proposals should be investigated. These
include streetscape amenity proposals, immediate focus
on the design of McFadden Square and the "Mixmaster"
traffic/parking problem, and the use of remote or pool
parking concepts to aid private redevelopment in the
area.
C.- The City should immediately commence work on the
Specific Area Plan (as shown in the current City
Budget) to define use and development standards for
the area.
The Steering Committee wishes to thank the City Council for the support given
to bring a R/UDAT to Newport Beach. The process was exciting to watch and be
involved in, and we feel the community has benefited by the process.
Respectfully subr,
AD HOC STEERING C
WLZ11,A
WILLIk BLUROCK,
Chairman
WB:PLT:nma
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CITY
1 0
CbUNCIL MEMBERS
C� O• f 9G 9� �y G P
TyFpi�F9G'p
CONEWPORT BEACH
June 27, 1983
MINUTES
I.InC Y
R
Motion
All Ayes
x
Th lerk tallied the votes and advised that
John ander and James Person had been
selected.
J. CURRENT BU>Co=ittee.
1. Letter of SUE SIMPSON, Member
of the Avi
Motion was the reeig ion
with regret and direct the City Clerk t
prepare the appropriate letter for the
May
a or's signature.
Aviation Cmte
(24)
'
R. ADDITIONAL BUSINESS:
1. Letter from the Ad Hoc Steering Committee
Steering Cmte
for.R/UDAT reg'acding CLTY COUNCII: REVIEW
R/UDAT
OF R/UDAT REPORT.
(24)
Notion
x
Motion was made tg accept_ the. -subject -let ter
'
All Ayes
of June.23,•1983, and refer the same to the
'
•
Planning Commission"for establishment of
priorities and _Preparation_of scope•of work
for Specific Area Plan for Cannery yillage
and McFadden_Square-only.
L. ADJOURNMENT: /
• The meeting was adjourned at 2115 .m.
7
Volume 37 - Paee 219
City Council Meeting February 27, 1984
Study Session Agenda Item No. 4(c)l
CITY OF NEWPORT BEACH
TO: City Council
FROM: Planning Department
SUBJECT: BALBOA PENINSULA TRANSIT STUDY
Background
In the approval of the Balboa Fun Zone project (Use Permit No. 2080), the City
Council required a contribution of $15,000.00 to study the feasibility of
creating a shuttle system for the Balboa Peninsula. Subsequent to that action,
the Citizens' Traffic Advisory Committee recommended to the City Council that
the City proceed immediately with this study. At the December 17, 1982 Study
Session, the City Council reviewed the proposed scope of work and cost
estimates for the study. On February 28, 1983, the City Council reviewed the
proposal submitted by Van Dell and Associates, Inc. and on March 28, 1983, the
Mayor and City Clerk were authorized to execute a contract with Van Dell and
Associates, Inc.
Discussion
The study authorized by the City Council on March 28, 1983 was Phase I of a
proposed two-phase program. The Phase I study is intended to provide the City
Council the information needed to determine the feasibility of a transit system
and to recommend a preferred alternative system on which a detailed
implementation plan could be developed (Phase I1). Phase I not only analyses
various transit system alternatives but also analysis a) development on the
Peninsula, b) the amount of trips which will result, and c) trip market
segment which can be captured by transit. Phase I includes the following
specific tasks:
1. Land Use Scenario Assessment
2. Estimation of Trips for Land Development Alternatives
3. Definition of Transit System Alternatives
4. Right-of-way and Parking Assessment
5. Development of Alternatives
6. Evaluation and Recommendation of Preferred Alternative
Phase II of the study will provide a program for implementing the City's goals
and identify a transit system matched with an acceptable growth and land use
mix and will also provide necessary environmental documentation to assess the
impact of implementation of the preferred alternative.
TO: City Council - 2.
The Phase I report completed by the consultant assesses the feasibility of
implementing a transit system for the Balboa Peninsula. It provides an
evaluation of planned and projected development on the Peninsula, the number of
auto trips which will result from this development, and the alternative transit
systems which could be implemented in this area. Each of the transit systems
is described in terms of right-of-ways, -type of vehicles used, and fixed
facilities required (such as transit terminals and parking lots). The report
concludes with a recommendation on a preferred alternative system and a program
for future actions.
The recommended transit system alternative is a program which involves many
components. Central to the recommendation is the identification of the "trend
growth" land use alternative as the policy of the City. Trend growth is a land
use intensity which will likely occur if the trend in recent development
approvals continues, and represents a reduction of approximately 75% from the
development currently permitted under the General Plan and Zoning Code. It is
necessary for this land use alternative to be adopted and implemented in the
General Plan and Zoning Code in order for the recommended transit system to
adequately serve the projected demand.
The transit system recommended is divided into two programs for summer and
winter. The winter transit system will require remote parking facilities with
a shuttle bus service to the Central Newport Beach area (Cannery Village/
McFadden Square) . The summer transit program requires a combined program of
remote -parking, shuttle transit services, and a parking management program.
The shuttle bus service will run from the Coast Highway along Balboa and
Newport Boulevards to the Central Balboa (Balboa Pier) area. The shuttle route
may extend as far as "G" Street on the Balboa Peninsula. The Parking
Management Program involves revisions to the parking meter program by reducing
time limits and increasing costs along with a residential parking permit
program in all residential areas of the Peninsula from 46th Street to Peninsula
Point. Both the winter and summer transit programs propose the CalTrans East
site as the location for the remote Qarking facility. If this site is not
available, another remote parking facility in the area is necessary for the
implementation of the recommended alternative. If the City determines to
proceed with Phase II of the Transit Study, it is also recommended that a trial
implementation program be developed for the summer of 1985.
Transit Study Issues
At this point in the study of transit alternatives, the City Council must
determine whether a shuttle program is appropriate and desirable in the City of
Newport Beach. Phase II of the program should be authorized only if the City
is able to commit to the whole concept, with all of the components described
previously. The major issues associated with implementation of a shuttle
system are:
1) LAND USE. The recommended alternative is based on the Trend Growth land
use assumption. This land use alternative represents a significant (75%)
decrease from the development currently permitted under the General Plan
and zoning. If the City Council chooses to proceed with further studies,
it should be concurrent with actions to reduce the permitted intensities
of development on the Balboa Peninsula.
1 . r, ♦ 0 0
TO: City Council - 3.
2) PARKING MANAGEMENT PROGRAM. The Parking Management Program proposed is a
program affecting the total parking system on the Balboa Peninsula.
Included in the program are a decrease in allowed meter times, expansion
of metered areas, and institution of a residential parking permit program
from 46th Street to Peninsula Point. The residential parking permit
program will limit all non -metered parking on the Balboa Peninsula to
residents only. The City has implemented such a program on a small scale
on Newport Island.
3) COMMITMENT TO TRANSIT PROGRAMS. Implementation of a transit system in
the City will require a substantial commitment on the part of the City,
particularly in terms of financial commitment. Currently all funds for
mass rapid transit in this area are allocated to the Orange County Transit
District. These funds are always allocated to the original transit
authority in any area. Unless OCTD implements the shuttle system, the
City will become a transit authority and will be on its own in funding the
capital and operating expenses of the system (estimated at 24.5 million
dollars and 4.0 million dollars, respectively).
4) CONSISTENCY WITH EXISTING CITY POLICY. Implementation of the shuttle
system as proposed may conflict with City policy as expressed in the Local
Coastal Program Land Use Plan, particularly as it relates to public access
in the Peninsula Point area. The proposed alternative limits all
on -street parking to residential permit parking only, but does not show
any shuttle service to this area. Additionally, the City has stated that
it will not prohibit beach parking in the City without insuring no net
adverse impact on public access. The proposed Parking Management Program
may not be in compliance with this LCP policy.
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
by llC.CQ�Z" -
PATRICIA LEE TEMPLE
Environmental Coordinator
PLT/kk
THE NEWPORT ENSIGN
February 20, 1986
Cannery Village.
Hearing Preview
Derr Editor.
In view of the recent press
coverage immediately prior to
and after the Newport Beach
Planning Commission's first pub-
lic hearing on the Cannery Vil-
lage/McFadden Specific Area
Plan which took place on Feb.
6, I feel it incumbent upon me
to comment.
At the outset, I will not speak
to the merits of the proposal,
as it is still pending before the
planning commission. I have a
high regard for due process and
for me or any public official to
praise or criticize such a proposal
prior to the public hearing process
being completed violates the
public trust conferred upon the
planning commission and our
city council to make an inde-
pendent judgement after, and
only after, hearing and reviewing
all of the evidence presented, both
pro and con. Our citizens deserve
nothing less.
Secondly, the proposal before
us is not a proposal to erect a
"`shopping center" or any other
building for that matter. It is
simply a plan for future devel-
opment presented to us by the
city's staff of professional planners
after 18 months of citizen input
and review. It is designed to give
guidelines to individual property
owners on how to develop or
redevelop their property while,
at the same time, permiting orderly
future planning in two of the
older parts of the city.
Recognizing inherent deficien-
cies in the area, we were directed,
13 years ago, in the city's 1973
general plan to "... develop
a Specific Area Plan to resolve
existing orientation, access, and
parking problems, and improve
the visual environment ".
In addition, the plan proposes
to provide for a series of public
improvements affecting curbs,
gutters, sidewalks, utilities and
streets (the "infrastructure') which
would be phased over many years
to come. It is not an immediate,
vast expenditure of public funds.
The improvements would only
be made as public funds become
available and, in some cases,
property owners in the area would
be required to contribute their
fair share.
It is perceived by the drafters
of the plan that not only are such
improvements needed, they would
create an atmosphere to encourage
individual property owners to
improve property which might
otherwise remain dormant. These
property owners would still be
free to choose to do as little as
nothing or as much as rebuild
according to the standards set
forth in the plan.
Before anyone else passes judg-
ment on the merits of any aspect
of the plan, I invite you to pick
up a copy of it and have a look.
You might also walk or drive
through Cannery Village -and
McFadden Square and discuss
it with city staff. After you have
done that, I invite you to come
and express your opinion to us
when we again look at the issue
on Feb. 20. It is only through
public input that we can make
the right decisions; decisions which
hopefully will improve the quality
of life in Newport Beach for
generations to come.
James "Buzz" Person
Chairman, Planning Commission
City of Newport Beech
THE NEWPORT ENSIGN ----- February 20, 1986
Cannery Village Area Plan
To Receive Hearing Tonight
by Jack Shinar
The second of what could be a series
of public hearings on city plans for
the Cannery Village and McFadden
Square takes place before the Newport
Beach Planning Commission tonight
(Thursday) at 7:30 p.m.
The first hearing two weeks ago on
the area's Specific Area Plan —Which
establishes long-range uses for the 40-
acre area —drew a large and vocal
turnout.
Most of the protest came from Lido
Isle residents and business interests whose
primary concerns are the blueprints
for establishing a new specialty shopping
area and, they fear, more motels or
hotels.
The fears include, but are not limited
to, a big increase in vehicle and bus
congestion in an area which is badly
snarled during the summer months.
Judy Rosener, a Lido Isle resident
and member of the board of directors
for the Lido Isle Community Association,
says another problem is the bayfront
Cannery area becoming another Lido.
"We don't need anymore dress and
T-shirt shops," she says. "That's crazy."
Still, many peninsula residents and
the city planning staff are anxious to
get ,noving on redeveloping the area,
which includes a number of failing
businesses.
Besides the central shopping area and
accompanying parking structure, plans
favor surrounding retail shops, office
space and other marine -related useswhich
currently are on the bayfront, such as
yacht brokers and fishing businesses.
Infrastructure improvements, such
as curbs, sidewalks, sewers and gutters
are a major part of the plans there,
as are road improvements, especially
in the ocean -facing McFadden Square
area, which includes the pier.
Rosener and Judith Longyear, another
Lido Isle board of director, say they
favor plans for McFadden road im-
provements and would like to see those
plans split from those of the Cannery.
They also favor certain infrastructure
improvements in the area, but want
the businesses left as they are.
Donald Regan, president of the Central
Newport Beach Community Association,
testified during the first hearing that
Lido Isle opposition was of a "parochial
interest" on Lido's part and strongly
urged the planning commission to adopt
the plan.
City planning staffers have also pointed
out.that the plan cuts in half, not expands,
the amount of buildable space for retail
uses.
They also note that development plans
would be phased in over a ten-year period
and many of the changes may not occur
at all. The city would allocate $9 million
for improvements, including some land
acquisition, which has, brought some
criticism.
Planning commission Chairman Buzz
Person said.a decision on the plan would
not be made for at least two weeks.
It would then go to the City Council.
LOS ANGELES TIMES, WEDNESDAY MARCH 12, 1986
Newport i
Beach
Commission OKs plan ti
for Commercial Complex,
Despite neighborhood concerns about
increased traffic congestion and wheth-
er new retail shops and office space are
needed in the Lido Isle area, the city
Planning Commission has unanimously
approved an ambitious commercial plan
for the Cannery Village and McFadden
Square areas.
Plans for the 40-acre site on the
$alboa Peninsula include a specialty
retail shopping complex at the center of
Cannery Village, in addition t0 other
shops, offices and a parking structure.
The City Council will consider the r
plan at its April 14 meeting.
—Heidi Evans
LOS ANGELES TIMES - Orange County Opinion - February 16, 1986
Newport Beach's Plan for,Older
In view of the recent press
coverage on the Newport Beach
Planning Commission's first public
hearing on the Cannery Vil-
lage/McFadden Specific Area Plan,
which took place Feb. 6, I feel'it
incumbent upon me to comment.
I will not speak -to the merits of
the proposal, as it is still pending
before the commission. The pro-
posal before us is not a proposal to
erect a "shopping center," or any
other building, for that matter. It is
simply a plan for future develop-
ment presented to us by the city's
staff of professional planners after
18 months of citizen input and
6 review. It is designed to give
guidelines to individual property
owners on how to. develop or
redevelop their property while, at
the same time, permit orderly fu-
i ture planning in two of the older
parts of the city.
In addition, the plan proposes to
b provide for a series of public im-
Areas 9
provements that would be phased
over many years to come as public
funds become available. In some
cases, property owners would be
required to contribute their fair
share.
Before anyone else passes judg-
ment on the merits of any aspect of
the plan, I invite them to pick up a
copy of it and have a look. They
might also walk or drive through
Cannery Village and McFadden
Square and discuss it with city j
staff.
I also invite them to express their
opinion to us when we again look at
the issue Thursday. It is only
through public input that we can
make the decision which hopefully
will improve the quality of life in
NewportBeach.
JAMES (BUZZ) PERSON
Chairman,
Planning Commission
City of Newport Beach
ORANGE COAST DAILY PILOT — February 8, 1986
(.Neighbors oppose plans for Cannery Village
area can
By ROBERT HYNDMAN
olx»wynMswr
Plans to revitalize Newport
Beach's Cannery Village by attracting
new development are being attacked
by neighbors concerned about the
traffic and type of construction the
changes would bring.
Lido Isle residents told the city
Planning Commission this week that
funds are needed for such basic
projects as street, sidewalk and flood -
control improvements before new
development isallowed.
They also said the types of busi-
nesses the plans would attract would
generate additional traffic and park-
ingproblems in the already congested
bayfront village.
"On Lido, we're already seeing
people parking here for the develop-
ment already in place," resident Fran
Bury said Friday. "The plans don't
take into full consideration what will
happen in the surrounding areas."
Resident Joe Rosener said Cannery
Village will be "an end destination,"
drawing traffic -to the entire area.
City planners contend that
proposed changes will lead to less
traffic than would be created_ if
current plans were left in place. But
Rosener argued that the new plans
would generate more traffic than
Cannery Village now experiences.
While representatives of the Lido
Isle Community Association were
critical of the plans, they received
support from other residents of
Balboa Peninsula and developers
anxious to begin work in the area,
which city planners have targeted for
improvements for nearly three years.
"Based on what I could gather,
there isn't much that is very con-
troversial," Planning Commissioner
Dave Goff said Friday morning. "The
bulk of the testimony seems to ask
CANNERY VILLAGE
FromAI
here with Lido Marina Village right
there," Bury said
"We're also concerned about big
developers coming in, building up,
then selling off and moving out and
never really being concerned about
whether those businesses will succeed
what we can do to hurry this project
along."
Goff said extensive discussions
have been held on the Cannery
Village plans and little has changed in
recent months.
The Planning Commission heard
comments from about a dozen
speakers Thursday and -decided to
resume consideration ofthe matterat
its Feb. 20 meeting.
City planners have been working
with local citizens' groups for more
than a year, ironing out specifies of
the plan.
Planners hope to use changes in
zoning and land -use designations to
offer a more orderly blueprint for new
development in the 40-acre area that
includes not only the bayfront Can -
PLAN OPPOSED...
or are appropriate." t
City officials hope to revitalize the
area with more orderly planning and
have included about $9 milfion in
roadway and other improvements in
the plans to accommodate the ad-
ditional visitors.
Newport Boulevard and Villa Way
nery Village, butthe adjacent McFad-
den Square on the oceanfront.
Plans call for a specialty retail
shopping center, with a parking
strdcture to serve it, as the focal point
oftllechanges. Surrounding thisretail
core would be other shops, offices and
marine -related light industrial busi-
nesses.
The waterfront areas are targeted
fora continuation ofmarine-oriented
uses — yacht brokers, marinas, sport
and commercial fishing businesses.
Residential areas would remain
unchanged.
`There are still a lot of concerns.
We do not feel another specialty store
center, forinstance, can besupported
(Please on CANP4bRY/A2)
would be widened; a parkin gg struc-
ture would be built; about 1,200 feet
of additional curbs, gutters and
sidewalks would be added; trees and
other landscaping would be installed;
a pedestrian walkway would be built;
and utilities would be placed under-
ground.
THE ORANGE COUNTY REGISTER - 2/7/86
Newport
waterfront
fight stansr"
Merchants, residents:
debate development
By Tom Krattenmaker 41
The Register
NEWPORT BEACH — Battle-,,
lines between members of Max
very different Newport Beach life-;;;
styles began forming Thursday,(
night as residents of Lido Isle tan- ,.
gled before the Planning Commis-
sion with property owners and -
merchants in the struggling Can-
nery Village and McFadden.q
Square area. nd
The battle erupted, and promises .J
to continue, over a proposed plan to;j
give the waterfront area what',
many feel is a long -overdue face-`
lift. "d
But, Lido Isle community lead-
ers were quick to complain that the
slate of proposed public improve,
ments and zoning changes called,"
for in the so-called Specific Area�-
Plan would generate unwanted, ex-
cessive growth and traffic in the
old part of town.
Don Regan, president of -the Cen�k
tral Newport Community Associa-
tion, rejected the argument, how -'a
ever. 'S,
"This is an area where some,
thing has to happen," he said, re-4
ferring to the area's worn streetsS3
sewers and other public facilities.,(
"It seems to make great sense
for the entire city," Regan said,
noting that the only opposition d
originated with what he called "Pa-,,',
rochial interests" on Lido Isle. ,I
The planning commission was 7
packed by proponents of both sides. i
of the argument and the planners ,
prolonged the fight by postponing.,i
their decision on the facelift plan j
`until Feb. 20.
One of the oldest developed parts
of Orange County, the area targets, d
ed by the plan runs from 19th
Street on the southeast to 32ndf l
Street on the north. Sandwiched r
'between the ocean and Newport
1 Bay, it is noted for summertime
beach traffic and a hodgepodge of,,
shops, restaurants and businesses
— some barely holding their own: -
If passed, the Specific Area'Plan-
calls for development of neyh
streets, gutters, sidewalks, widen"
ing of Newport Boulevard, and pro'-",
viding more city -run parking"
space for visitors. A new series of
zoning controls would be enacted"
to preserve a nostalgic, maritime -
atmosphere in the area.
The city planning staff has sug-
gested a redevelopment agency --I
the first in the city's history — a9A
one possible means of raising th6i
millions of dollars needed for ,theq
public works laid out in the plan.>'2
Activists from adjacent Lido Islg
mounted early opposition to they
stategy, however, because of 'tW
potential for more traffic in the
popular beach town.
One resident was outspoken i4',
protesting that "so much public;
money would be focused on such a
small area of the city."
Willis Longyear of Lido Isle de-.
clared: "I don't think the people on"
Lido are against improving the
area. Our concern is that the mdri-
ey should be spent in fixing public
facilities throughout the peninsula.-'
"We, personally, object to sperld,,
ing a lot of money decorating an,
area just so a few property owners',
property values go up," he said.
THE ORANGE COUNTY REGISTER — 2/5/86
WMerfront's future to be discussed
Planning commission
to debate improvements
By Tom Krattenmaker
The Register
NEWPORT BEACH — The fu-
ture of one of Orange County's fa-
vorite waterfronts will be debated
"Thursday as the city's planning
commission conducts its first hear-
ing on a plan for improvements to
Cannery Village and McFadden
Square.
New parking lots, wider streets
and a slate of other public improve-
ments are laid out in the long -antic-
ipated plan for the historic area
around the Newport Pier. The pro-
posed Specific Area Plan also
would add a series of new building
guidelines and amendments to the
planning books.
Altogether, the new city strategy
would aim to smooth traffic to the
beach and coax private property
owners to improve their buildings,
said Chris Gustin, a senior city
planner directing preparation of
the proposal.
While some community leaders
say it will pump much -needed life
hick into the old part of town, oth-
Ws, including the area's council-
man, oppose the proposal.
Councilman Donald Strauss con-
tended the plan could usher in un-
foreseen bursts of development
and traffic at the expense of those
who already live and work in the
area.
Furthermore, Strauss said Tues-
day, he finds the wide-ranging plan
inappropriate for the area, now
known for its crooked streets and
hodgepodge of small businesses,
shops, apartments and light indus-
try.
"It's not run-down. It's not pov-
erty-stricken. There's nothing
wrong with it," Strauss said.
The product of years of discus-
sion, debate and study, the 53-page
proposal was completed by the
planning staff late last week as
public -hearing notices were sent to
nearby residents and property
owners.
If approved and enacted over the
next decade, the plan would escort
beach visitors into town on a wider
Newport Boulevard, where traffic
now creeps along in two lanes.
Tourists could leave their cars at a
pair of new city -run parking lots
rather than hunt for scarce spots
on the street.
The one -lane Villa Way in Can-
nery Village would be widened for
motorists and pedestrians, while
new street lights, landscaping and.
promenades would invite in-
creased foot shopping throughout
the area.
To clearthe way for the improve-
ments, Gustin said, the city would
have to buy close to a dozen pri-
vately owned lots and level all or
part of some existing buildings.
For example, he said, the popular
restaurants Boozy Rouge and St.
Tropez would need to be moved or
partially rebuilt for the widening of
Newport Boulevard, a project ten-
tatively set for the early 1990s.
Cost of the work runs well into
the millions of dollars, according
to estimates in a staff report. That
sum could be partly offset through
parking fees, improvement dis-
tricts or possibly a redevelopment
agency, the report says.
So far, debate over the new plan-
ning scheme has centered on po-
tential disruptions to traffic and
the nostalgia -rich atmosphere of
Cannery Village and McFadden
Square, one of Orange County's
first developed areas.
Some community leaders wel-
come the district as a refreshing
contrast to newer, upscale parts of
town, while others call it an embar-
rassment because of its aging
Pacdic Ocean;„
Source Thomas E
buildings and marginal business-
es �I
he city staff says the plan would
reduce building density and traf-
fic, the chief worries of residents.
But Judy Rosener, a community
activist and former member of the
California Coastal Commission,
said loopholes coupled with public
improvements actually will open
the door to bigger buildings and
increased traffic flow.
Thursday's planning - commis-
sion meeting starts at 7:30 p.m. in
the Newport Beach City Council
chambers, 3300 Newport Blvd.
7TH YEAR * NUMBER 28 * (714) 631-8120 * NEWPORT BEACH'S ONLY HOMEBASED NEWSPAPER * THURSDAY, FEBRUARY 20. 1986
itable rail appears oblivious to the fate of the 50-year-old
Ich he Is proceeding to cross under. The bridge Is expected
In question.
Cannery Village Area Plan
To Receive Hearing Tonight
by Jack Shinar
The second of what could be a series
of public hearings on city plans for
the Cannery Village and McFadden
Square takes place before the Newport
Beach Planning Commission tonight
(Thursday) at 7:30 p.m.
The first hearing two weeks ago on
the area's Specific Area Plan —which
establishes long-range uses for the 40-
acre area —drew a large and vocal
turnout.
Most of the protest came from Lido
Isle residents and business interests whose
primary concerns are the blueprints
for establishing a new specialty shopping
area and, they fear, more motels or
hotels. i
The fears includ , but fare not limited
to, a big increase in vehicle and bus
congestion in an area which is badly
snarled during the summer months.
Judy Rosener, a Lido Isle resident
and member of the board of directors
for the Lido Isle Community Association,
•says another problem is the bayfront
Cannery area becoming another Lido.
"We don't, need anymore dress and
T-shirt shops," she says. "That's crazy."
Still, many peninsula residents and
the city planning staff are anxious to
get -moving on redeveloping the area,
alevard Bridge Question to Council
� wport
egged
n. On
wport
-year-
te the
insula
group
rs on
s who
;h the
imum
:pt at
low tide.
The problem, though, may be decided
for better or worse in the very near
future.
The Newport Beach City Council
Monday night will be asked to decide
if it wants to go ahead with the funding
of a $2 million widening project on
Newport Boulevard from 32nd Street
north to the Arches ramp (an increase
from two lanes to three), or risk the
entire project in hopes that Caltrans
would go along with a $4.8 million plan
that would include the widening of both
,hers Hopeful -on
---A0 T-_,-, tit_ —A-__'
sides of the boulevard along with re-
constructing the bridge at a higher grade.
Caltrans- has approved the limited
widening project, using approximately
$1 million in state and $1 million in
city gas tax funds, with a construction
Continued on Page 2
Hit -and -Run Suspect
Charges Not Filed
by Jack Shinar
Harbor Municipal Court prosecutor
Robert Thomas decided on Tuesday
not to file charges against a Newport
Beach woman in connection with a hit-
and-run accident last month that killed
which includes a number of failing
businesses.
Besides the central shopping area and
accompanying parking structure, plans
favor surrounding retail shops, office
space and other marine -related useswhich
currently are on the bayfront, such as
yacht brokers and fishing businesses.
Infrastructure improvements, such
as curbs, sidewalks, sewers and gutters
are a major part of the plans there,
as are road improvements, especially
in the ocean -facing McFadden Square
area, which includes the pier. -
- Rosener and Judith Longyear, another
Lido Isle board of director, say they
favor plans for McFadden road im-
provements and would like to see those
plans split from those of the Cannery.
They also favor certain infrastructure
improvements in the area, but want
the businesses left as they are.
Donald Regan, president of the Central
Newport Beach Community Association,
testified during the first hearing that
Lido Isle opposition was of a "parochial
interest" on Lido's part and strongly
urged the planning commission to adopt
the plan.
City planning staffers have also pointed
out -that the plan cuts in half, not expands, -
the amount of buildable space for retail
uses.
They also note that development plans
would be phased in over a ten-year period
and many of the changes may not occur
at all. The city would allocate $9 million
for improvements, including some land
acquisition, which has brought some
criticism.
Planning commission Chairman Buzz
Person said a decision on the plan would
not be made for at least two weeks.
It would then go to the City Council. .
Sea Kings
See Top of
Sea View
Page 7
THE ORANGE COUNTY REGISTER - February 5, 1986
Waterfront's future to be `discussed
Planning commission
to debate improvements
By Tom Krattenmaker
The Register
' NEWPORT BEACH — The fu-
ture of one of Orange County's fa-
vorite waterfronts will be debated
Thursday as the city's planning
commission conducts its first hear-
ing on a plan for improvements to
Cannery Village and. McFadden
Square.
New parking lots, wider streets
and a slate of other public improve-
ments are laid out in the long -antic-
ipated plan for the historic area
around the Newport Pier. The pro-
posed Specific Area Plan also
,would add a series of new building
guidelines and amendments to the
planning books.
Altogether, the new city strategy
would aim to smooth traffic to the
beach and coax private property
owners to improve their buildings,
'said Chris Gustin, a senior city
planner directing preparation of
the proposal.
While some community leaders
say it will pump much -needed life
back into the old part of town, oth-
erg, including the area's council-
man, oppose the proposal..' ,; .
;motorists and pedestrians,'while
Councilman Donald
Strauss con-
,new street lights, landscaping and,
tended the plan could
usher in un-
promenades would invite in -
foreseen bursts of development
creased foot shopping- throughout
and traffic at the expense of those
the area. '
who already live and work in the
To clear the way for theimpfove=.•
area.
ments, Gustin said, the city would
Furthermore, Strauss said Tues-
-have to buy close to a dozen pri-
day, he finds the wide-ranging plan
ivately owned lots and level all or'
inappropriate for the area, now.
part of some existing buildings.
known for its crooked streets and.
For example, he said, the popular
hodgepodge of small businesses,
restaurants Bouzy Rouge and St.
shops, apartments and light indus-
Tropez would need to be moved or
try.
partially rebuilt for the widening of
"It's not run-down. It's not pov-
Newport Boulevard, a project ten-
erty-stricken. There's nothing
tatively set for the early 1990s.
wrong with it," Strauss said. • -
. Cost of the work runs well into
The product of years of discus-
the millions of dollars, according
sion, debate and study, the 53-page
to estimates in a staff report„That,,,
proposal .was completed by- the'-
sum could be partly offset -through
planning, staff. late last week -as p parking fees, improvement dis-
`public-hearing notices were sent to.
tricts or possibly a redevelopment
nearby residents and property,
agency, the report says._ Iowners.
' I
So far, debate over the'plan-
If approved and enacted over the
ning scheme ha's' centered on po-
next decade, the plan would escort
"-iential disruptions to traffic and
beach visitors into town on a wider
the hostalgia-rich atmosphere of
Newport'Boulevard, where traffic
Cannery Village and McFadden
now creeps along in two lanes.
Square, one of Orange Coanty's
Tourists could leave their cars at a
first developed areas. .
pair of new city -run parking lots
Some community leaders wel-
rather than hunt for scarce spots
_ come the district as a refreshing
on -the street..
contrast to newer, upscale parts of
The one -lane Villa Way in Can-
town, while others call it an embar-
nery Village would be widened for
rassment because of its , aging
Lido
Thomas Bros .1
buildings and marginal business
es.
The city staff says the plan would
reduce building density and traf-
fic, the chief worries of residents.
But Judy Rosener, a community
activist and former member of the
California Coastal Commission,
said loopholes coupled with public
improvements actually will open
the door to bigger buildings and
increased traffic flow.
Thursday's. planning commis
sion meeting starts at 7:30 p.m. in
the Newport Beach City Council
chambers, 3300 Newport Blvd.
K
}lug Ange1e6 (limes
Wednesday, February S, 1986
Newport
Beach
Proposal on Square I
to Be Heard Thursd#
The Planning Comfnission will h ld a
public hearing Thursday at 1:30 p.m. on
acontroversial proposal for far-reaching
changes at Cannery Village/McFadden
Square.
"The overall effect of the plan is to try
to reduce the traffic generated in the
area," senior city planner Chris Guston
said. "One of the tools is a reduction in
density."
However, the proposal has drawn
apposition from residents who maintain
that the addition of fast-food restau-
rants, office buildings and other devel-
opments will further congest the area.
Some residents also have questioned the
need for "revitalizing" the area.
"The community at large hasn't been
very well informed about the scope of
this plan," said Marilyn Hendrickson,
Lido Isle representative on a citizen
committee that has been monitoring the
proposal for more than a year. "There's a
great deal at stake here: increasW
traffic, density, fast food. You have to
give people a chance to study this."
Spedlfically, Thursday's hearing deals
with proposed changes in zoning and
land use designations for the 40-acje
area on the Balboa Peninsula.
Cannery Village/McFadden ,Square
currently consists of a mix of commer-
cial, industrial, residential, office and
retail uses.
Proposed changes, Guston said, would
allow the same mix, but "in a more
orderly fashion" by enticing "revitalize.
.lion" of the area byprivate developers.
—Mark Landsbaum
Redevelopment for city's oldest- neighborhoods
Some call it long -
overdue; others -
call it unnecessary
-By John Ikeda
The Register
Mrke Singer, manager of the 28th
Street Marina, welcomes the
city's proposal to redevelop Cannery
Village and McFadden Square.
His family owns a block of vacant,
bayfront property that once served as
a small boat storage yard. They're
itching to see it developed and believe
that improvements to the neighbor-
hood will make their parcel more at-
tractive to prospective builders.
• "Some day we hope to realize the
value of the land," Singer said.
But Paul Michalczyk, who owned
the Balboa Boat Yard since 1979, fears
that redevelopment of the nearby
Cannery Village may force him out of
business. .
"We like things the way they are,"
said Michalczyk, who is Singer's
neighbor. "Why change?"
The proposed redevelopment of the
Cannery Village and the adjacent
McFadden Square, two of the oldest
neighborhoods in the city, means dif-
ferent things to different people. Some
say it is a necessary step to revitalize
an aging section of the city. Others say
it is an unnecessary plan that will
draw crowds of tourists and destroy
the charm of the neighborhoods. '
The goals of the redevelopment _
blueprint, known as the Specific Area
Plan, are to improve traffic flow, in-
crease parking, fix sidewalks and_
other parts of the infrastructure, and
provide guidelines for future develop-
ment, said Chris Gustin,.a senior city
planner.
Cannery Village and McFadden
Square, a hodgepodge of shops, apart-
ments and light industry, are bounded
by 32nd Street, LaFayette Avenue,:
Loth Street and Balboa Boulevard.
The Specific Area Plan calls for the
widening of Newport Boulevard from
the Pacific Coast Coast Highway to
32nd Street; widening of Villa Way in -
the Cannery Village; the construction
of two city -run parking lots and a host
.of sidewalk, street and landscape im-
provements designed attract pedes-
trians and shoppers.
Gustin said the city would have to
acquire a half -dozen or more pri-
vately owned lots to provide parking,,
widen the streets and finish other im-
provements. He said, for example,
that the ' Bouzy Rouge restaurant
would have to be moved or partially
rebuilt to accommodate the widening
of Newport Boulevard. -
The 'city staff. has recommended
that four projects be undertaken first.
They are installing 1,200 feet of curbs,
gutters and sidewalks in the Cannery
Village; building a parking lot in the
Cannery Village; relocating the
restroom at the foot of the Newport
Pier and developing a plan to set park-
ing meter fees and other parking pol-
icy.
What tire'. store :,
cuts prices -
00% WA%
ii There's a fine line -
between what is quaint and
what is blight,' Swenerton
said. 'We've reached a point
where the things that have
been neglected are
blighted._57
Henry Swenerton
Balboa Peninsula resident
The proposed improvements fit well
into Singer's plan to allow his family's
property to be turned into a commer-
cial and residential development. He
said such development would culmi-
nate years of work, which began in
1926 when his family began buying,
bayfront property. Singer- said his
family eventually accumulated an en-
tire city block. -
The Singer family ran some canner-
ies and eventually built the 28th Street
Marina. Singer also managed a dry
boat storage yard on the property for
about 15 years. Singer closed the stor-
age yard last year. He said it was
mostly a "hobby" and was considered
by his family to be an "interim" busi-
ness.
While the proposed redevelopment
pleases Singer, it appeals less to
Michalczyk. The 6,000-square-foot
Balboa Boat Yard serves about 350
boats a year. Michalczyk and his em-
ployees paint and clean hulls and do
mechanical work on the boats. They
work on boats up to 80 feet long.
Michalczyk said he fears that the
city may restrict the hours on his busi-
ness, which is noisy and dirty, as resi-
dences or hotels are built near the
boat yard. He also fears that the city
will assess him for the improvements
to the neighborhood, an expense he
doubts he could afford.
Joseph Rosener, a Lido Isle resi-
dent, objects to the Specific Area Plan
for other reasons. He fears that the
proposed improvements will attract
"busloads of transients," who will de-
scend upon the neighborhoods for an
day of shopping and sightseeing.
But Henry Swenerton, a Balboa
Peninsula resident, said he believes
the proposed redevelopment is long
overdue.
"There's a fine line between what is
quaint and what is blight," Swenerton
said. "We've reached a point where
the things that have been neglected
are blighted."
Swenerton, who has owned property
in Newport Beach since 1939, said he
almost left the city for good in 1983. He
said he was frustrated by what he per-
ceived as the city's unwillingness to
fix up his neighborhood, Cannery Vil-
lage and McFadden Square. The Spe-
cific Area Plan, however, has
renewed Swenerton's optimism.
"Some wonderful things could be
accomplished — if we get past the
demagoguery and politicization," he .
said.
The public hearing on the Specific
Area Plan will resume before the
Planning Commission at 7:30 p.m.
Thursday.
SOMA
CTIMAMUT
84 H&H APRIL 1976
likk
But developer Don Koll hadn't
planned it that way. His original
scheme was to keep running the
buildings as rental properties for
a while, then tear them down
and build condos on the water-
front site. Here's what hap-
pened:
Don Koll Co. bought seven
1950s-vintage, wood -frame
buildings from a single owner in
Newport Beach, Calif., in 1972.
Six were two- and three-story
garden apartments with tucked -
under parking; the seventh was
a two-story office building with
a small parking lot out front. All
had private boat docks and were
next to the bridge connecting
Newport Beach with the main-
land. To be sure of adequate fu-
ture parking, Koll alsobought an
open parking lot across the
street.
Then came the national rent
freeze, rising local condo com-
petition and the passage of Cali-
fornia's tough Proposition 20,
which imposed drastic restric-
tions on waterfront develop-
ment and reduced allowable
condo densities to unprofitable
levels.
Koll switched gears. The site
was already zoned commercial
(the apartments actually were
nonconformingl. So, with the
help of Newport Beach architect
Bissell/August Associates, Kell
CONTINUED
How fourplex
shell is formed
in four days
vxnrns: sec cmiosloaevrus canoe
DiVosta (above) uses the French
Outinord concrete -forming sys-
tem to complete one fourplex:
shell in four pours. The first
pour forms the first -story walls
and ceiling of two units; the sec-
ond pour does the same for the
other two units; third and fourth
pours repeat the process for the
second story. Photos below
show foundation forms and
plumbing stacks before slab is
poured (1), poured first story
with some forms still in place
(2), first story after forms have
been stripped (3), application of
mansard roof to complete shell
(4). After each pour, concrete is
cured for ten hours at 1601. The
open ends of each fourplex unit
are closed in with Mexican brick
[see pb oto, p. 80).
converted the property to a
block -long shopping mall
(called Lido Village) in four basic
steps:
1. A new five -story parking
garage, taking full advantage of
the city's 35' maximum build-
ingheight, was built in the park-
ing lot. Besides spaces for 400
cars, the building includes 25,-
000 sq. ft. of new shop and office
space on the fast and second
levels.
2. Curbs were removed from
the public streets so that street
and walkways could be regraded
to one level and repaved entirely
with red brick. The effect of the
brick -lined mall so impressed
the Orange County Chapter of
the American Institute of Archi-
tects that it gave Bissell/August
a 1975 First Honor Award for the
project.
3. The old buildings were re-
modeled and tied together vis-
ually with bridges, trellises,
awnings, brick and rustic -wood
trim and compatible paint
colors.
Bridges and overhead beams Boardwalk (above) between
(above), plus awnings (not new shops and marina re -
shown) that slide along placed walled patios of old
beams on wires, tic rented- apartments. At right: mar-
bled buildings together. ners' view of project.
4. A commercial marina was
built on the waterfront behind
the buildings. The apartments'
walled patios were replaced
with a continuous public board-
walk, providing access to boat
docks and to shops, restaurants
and offices that face the water.
The existing docks were rebuilt
and extended farther into the
water to expand their capacity.
All remodeling of the 40,000
sq. ft, of leasable space in the old
buildings was done at the ten-
ants' expense and to their speci-
fications. Prospective tenants
were referred to Bissell/August
for consultation on how to tailor
the raw space to their needs.
"We showed them which
walls had to be removed and
which could stay," explains
Geoge Bissell, "and we spelled
out our standards for fenestra-
tion, awnings, signs and the
like."
Bissell/August drew the ten-
ants' elevations, then sent them
to an interior designer for inside
work. Ground -floor shops fit
handily into the apartment
buildings' parking stalls. Upper -
level shops and offices needed
the addition of outdoor stair,
ways- Space for two new store
buildings was found in the small
parking lot in front of the old of-
fice building.
Opening the upper levels to
office tenants was a compro-
mise, according to Tim Strader,
Koll's senior vice president.
"We prefer retail tenants
throughout, but until the center
matures, retail tenants are re-
luctant to take upper -level
spaces for fear of insufficient
traffic."
Some of the larger retail ten-
ants are an antique shop with
2, B00 sq. ft., a gourmet food mar-
ket and a men's store, both with
2,600 sq. ft. The tenant mix in-
cludes women's fashion shops
of up to 1,200 sq. ft., and a num-
ber of jewelry stores. Basic
monthly rents are the same for
shops and offices: $1 a sq. ft. for
ground -floor space, 850 for
upper floors. Leasing and man-
agement were contracted to a
local brokerage division of Cold -
well Banker Co.
Right now, Kell wants addi-
tional restaurants as tenants:
"We should have allowed for
more in our design," says
Strader. "They're major drawing
cards and help keep shoppers
around."
Lido Village now includes a
3,000-sq.-ft, sandwich and pizza
restaurant with a large outdoor
dining area overlooking the
water. A second restaurant, to
be open 24 hours a day, was
signed up recently. And to bring
more restaurant space into the
complex, Koll has expanded in
two ways: first, by acquiring the
lease on an adjacent 13,000-sq.-
ft. restaurant (which Koll now
operates; second, by purchasing
an adjacent five -story office
building in which an entire
upper floor has been earmarked
for a future restaurant. A 1,000-
sq.-ft. building containing small
shops has also been incorpo-
rated into the complex.
86 HCH APRIL 1976
"The"original venture just
grew," says Strader. "After we
started construction in 1973,
neighboring property owners
began offering us buildings and
land leases. So our initial 65,000
sq. ft. of leasable space has now
grown to more than 100,000."
The potential annual rent roll,
allowing for 5% vacancies, is al-
most $1.3 million. It comes
from five sources: shops, 44%;
offices, 24%; marina, 12%; sep-
arate restaurant, 10%; parking,
10%.
The break-even level, assum-
ing a 75% loan at current rates,
is 85% occupancy. Still operated
on interim financing, Lido Vil-
lage has reached 75% occu-
pancy. Most of the vacancies are
on the upper levels, particularly
in the parking garage. Office ten-
ants, the most likely candidates
for those spaces, are scarce be-
cause surrounding Orange
County has an oversupply of va-
cant offices.
Nevertheless, Strader expects
to reach 95% occupancy this
year. And then Koll, which
raised capital for the conversion
by reselling the old buildings to
the original owner and leasing
them back, will shop for a per-
manent mortgage and seek a
buyer for the complex.
To promote foot traffic, Koll
hosts art festivals, auto shows
and an annual boat show that at-
tracts over 10,000 people; five
major yacht brokers are tenants
in the complex. Regularly
scheduled bus tours bring in res-
idents of a nearby Leisure World
retirement community. And a
hotel, newly opened nearby,
will add its share of visitors as
its clientele builds.
"This is an ideal location for
a specialty center," says Strader.
"We're the first shopping you
come to as you enter the island.
And we're surrounded by older
boutiques, stores, offices and
restaurants." He estimates that
70% of Lido Village shoppers are
residents of Newport Beach and
the rest tourists.
—H. CLARKE WELLS
With oil and electricity costs still climbing
And natural gas often unavailable ...
It's time to
take a fresh look at the
Commercially introduced but
quickly shelved about 25 years
ago, the electric heat pump may
now be a practical answer to
heating and cooling cost prob-
lems. In some areas, in fact, it
looks like the only game in
town.
In 1973 heat pumps ac-
counted for a little over 4% of
the unitary climate -control sys-
tems sold in this country. By
1975'that figure had doubled to
close to 9%. And now experts
are predicting that heat pumps
will eventually claim 40% to
50% of the market.
Why the sudden surge?
Necessity. With rising utility
costs forcing potential home -
buyers out of the market, build-
ers are seeking more economical
climate -control systems. A case
in point is Poretsky & Starr of
Chevy Chase, Md., builders of
single-family homes and town-
houses in the Washington area,
which has been hit hard with gas
moratoriums. "Electric resist-
ance and oil heat were getting
such a bad press in the Balti-
more -Washington vicinity that
we couldn't touch them," says
Jack Starr. "So we had no choice.
Heat pumps were our only op-
tion."
Rosen -Michaels, upstate New
York builders of single-family
and townhouses, had the same
problem. General manager Joe
Derkowsky says, "When they
shut off the gas hookups in the
Albany area in March of 1975,
we didn't have many alterna-
tives ..."
Actually, the heat pump is an
attractive last resort. It produces
two units of heat for every unit
of energy consumed. And even
when energy used and lost in
generating and transmitting
electricity is taken into account,
the heat pump operates at an
overall efficiency of 60%, com-
pared to 35% for oil heat and
40% for gas.
Initial installation costs run
$400 to $500 higher than for
other heating and cooling sys-
tems, and these are being passed
on to buyers. But operational
cost savings result in an average
pay -back period of from 3r/z to 5
years for both heating and cool-
ing and 7 to 10 years for heating
only.
Real savings vary according to
region, utility rates and the En-
ergy Efficiency Ratio (EER) of
the particular system. Recently
Westinghouse ran tests in three
cities comparing the fuel costs
for heat pumps and gas heat. Re-
sults: annual savings of $40 in
Pittsburgh, $47 in Minneapolis
and $47 in Atlanta.
So why did heat pumps gather
dust for so long? There are two
reasons: First, their main virtue
was energy efficiency, and a
quarter of a century ago no one
was concerned with energy. See -
end, they were unreliable.
The principle behind the heat
pump has always been sound
it operates the same way as an
air conditioner, moving heat
from one place to another (see
above). But the original engi-
neering was weak.
Heat pumps broke down fre-
quently, particularly in colder
climates. Compressor motors
failed under stress. Refrigerants
damaged and clogged the mech-
anisms. Lubrication fluids
broke down. Reversing valves
were inefficient. And subcon-
tractors just did not know how
to install the systems.
Most of these problems have
been solved in the second- and
third -generation heat pumps on
the market today. Compressors
have been completely rede-
signed, lubricants and refrig-
erants reformulated, valves re -
engineered and technicians
trained to understand the com-
plexities of installing the bal-
anced air -handling system.
Most heat pumps now have
built-in supplementary heating
systems for emergency use. In
In case you didn't know,
here's how it works
A heat pump is just that —a de-
vice that pumps heat from one
place to another.
On its cooling cycle, it works
like an air conditioner, collect-
ing heat from inside the house
and pumping it to an outdoor
coil where it is dissipated.
On the heating cycle, the
process is reversed: Heat is col-
lected by the outdoor coil,
pumped indoors and distrib-
uted.
The idea of collecting heat
from outdoors in mid -winter
may seem odd. But the fact is
there is heat in everything
unless it happens to be at abso-
lute zero (-460° F)- Further-
more, heat always moves from a
warmer object or area to a colder
one. The heat pump circulates
refrigerant through the outdoor
coil. And since this refrigerant is
even colder than the winter air,
it picks up heat from the air.
There are, however, practical
limits to the temperature of out-
door air from which the heat
pump can extract heat. To get
enough heat from air at very low
temperatures would require un-
feasibly large and costly outdoor
coils. So an auxiliary system —
usually electric resistance
heat —is usually built into the
heat pump to supplement its
operation on very cold days. In
moderate climates, supple-
mentary heat is not necessary.
88 H&H APRn 1976
. a
NEWPORT PIER
Newport Beach began as a commercial
port in the 18701s; shipping produce
and hides from orange County. Originally
located at the mputh of the Back Bay,
the port was moved to the present site
when the ocean pier was built in 1889.
Due to competition from Long Beach, the
community did not develop into a major
port. With the dredging of the bay in
the 19301s, however, Newport did develop
into the popular recreational harbor
that it is today.
\\1�005
DORY FLEET
NEWPORT
PIER
BOATYARD
�\
McFadden Squax
area located at the base of the N
Pier, is known today as a "party"
because of its casual atmosphere,
beach, and many bars. The archit
ranges from down -at -the -heels res
to a few nicely renovated brick
ings, with alot of beach -style
development in between. Arrive
to find a parking place and s.
historic dory fleet come in to as
fresh catch. You may have bette
finding parking on the north s
Balboa Blvd.
At the Square you c
reel to fish off the
board to boogie, or.
and be merry. See t]
buildings at the
Place, wander alon
pedestrian alley al
watch the Birdman o;
parrots on the board
out on the pier, y<
view of the coastl i4... .,.y �..,.
Pier to the north to Balboa Pier to the
south, u
CRAB COOKER
From the pier, walk across Balboa Blvd.
onto Newport Blvd. to find the "Crab
Cooker", a local institution. It provides
good seafood, a casual atmosphere and a
bench for patrons waiting to be seated.
North of the restaurant are several
boatyards. Used for constructing PT
boats during World War II, the yards
are devoted to maintaining pleasure
craft and as offices for a number of
architects and engineers today. Walk
south on Balboa Blvd. to 18th Street.
Turn left. Along the bay is Marina .
Park, a pleasant family -oriented beach.
BALBOA BAY
— VD.
PACIFIC OCEAN
Continue south on the boardwalk for
excellent views of Newport Center on
the hills across the yacht -filled bay.
Walk around the boat storage yard to
Bay Avenue, a fine residential street,
to 13th Street. Turn right and cross
Balboa Blvd. heading towards the beach.
The last house on your left is the
Lovell Beach House. It was designed by
R. M. Schindler for Dr. P. Lovell in
the 1930's, and is one of California's
monuments of the early Modern movement.
Go north along the strand t-o return to
McFadden Square.
N
LIDO
-
From OCCAIA take 55 South; continue
south on Newport Blvd., cross the bridge
•-
'
over Pacific Coast Highway (PCH) and
For a preview of the area (and for the
turn left on Via Lido.
more adventurous driver) sidetrack to
Ensign View Park: From Newport Siva.
' �O ,R
_
take second exit at Pacific Coast.
Highway (S.R. 1 or "PCH") toward San
C
Ensign View
Diego, at First light onto
Riverside.de. Continue
inue hill, beating
� C
up
Q
Park
right (road becomes Cliff Drive).
--
Ensign Park is on the right just past -
Wonderful view.
the Newport Theater Arts Center.
:.Coast
Highway.'.
pacific
•'
LIDO VILLAGE; an open-air
•
specialty.;-:'-;
,shopping street
Originally 2- & 3-story garden apart-
. ......
�'
ments and office buildings from the
50's,
.LII%� LAGg p„'uxk
this award -winning waterfront
QjL_,..••
redevelopment (designed by Bissell &
August of Newport Beach) features a
curbless, red brick street, a continuous
boardwalk providing access to boatdocks,
��#
, -� •
•,
cafes _shops & offices and a commercial
macana-.
E "
s'�, • -
Charter a boat, buy a yacht, browse
through international boutiques, scan
G
foreign periodicals, sip cappucino or
P
get married on the waterfront.
Balboa----;r—
la� Bay
'_? nInnni
Don't limit yourself to the red brick
road. Cross Via Lido to shop, see a l DI
movie, or, for those on a budget, try
the deli counter at the supermarket for
a hearty inexpensive sandwich and enjoy
it on the boardwalk at Lido Village.
. 1% N�e
CANNERY VILLAGE. a quaint neighborhood '
of mixed uses with a nautical flavor..
Established around the boatyards de-
veloped on the Rhine Channel in 1926, (\
Cannery Village maintains the "charm" �` D
and scale of the past through renovations. O
and adaptations of the original industrial',
buildings to house restaurants, antique r7.--
stores, boutiques, offices and marine- w Q
related businesses. O� w
Al . north
P1jParking
r
r
A
TO La9��a p
C
LIDO ISLE: an exclusive, residential
neighborhood
Fifty years ago no one wanted to buy
the $500 lots on this secluded island,
master -planned by architect Franz Herding
with the concept of "estradas" fronting
homes and providing a pedestrian walk
longitudinally through the island. Today
the area is a well -manicured community
of $600,000 homes, with yachts docked
in the backyard and a Mercedes or two
on the land -side.
An intimate boardwalk squeezed between
the homes and beach areas offers a
close-up view of the real estate. Be-
ware of intimidating stares.
r
a
O
14
BALB OA 4) From the ferry dock; turn right,
walk down the boardwalk, looking in the c
Balboa is a charming yachting community windows of the expensive waterfront "C
located on the outer end of Balboa homes. (Excellent at Christmas time). D
Peninsula and on the islands in fabulous Just beyond Diamond St. is a solar home
Balboa Bay, one of the world's largest by Los Angeles architect John Lautner. r
pleasure -craft harbors. It began around Its front elevation, sheathed in segmented
the turn of the century as a summer glass panels, resembles a smiling whale.
resort for families from Los Angeles 5) Turn left on Diamond and follow it Z
who traveled to the area on the long to Park Ave., which runs down the center
Cars, gone inter -urban tail system, The Red - of Balboa Island. Turn right and take
Walking Tour (1) through (6) will take Park to Marine Ave., the downtown of
two hours, while reaching (7) is best Balboa Island. Nautical boutiques O
done on wheels. Bikes, skates, and and restaurants make this a unique C
tandems are rented at the Pier. 'Harbor shopping area. Return to the ferry .0
cruises leaving from the Balboa Pavilion dock via the boardwalk or Park Ave.
(673-5245) and the "Fun Zone" (673- ,
0240) give great views, but don't be- 6) Board the ferry to return to the ,
lieve everything you hear. \ peninsula. Wander right to see the W
1) Park near the public library at
Pilgrim" or turn left to walk the "Fun
le Pavilion.
Balboa Blvd, and island Ave. Walk down Dances, church services, Zone" to the Victorian -stand contests a'
Bay Street (west) to the beginning of -
the bayside boardwalk. Turn right and •• have been held here and the Tale of the 0
stroll along between the large homes' Whale (restaurant) has photographs of
and their private docks. A unique ;': .:;; :-;:::. ^.'--a-:the Pavilion in its hay days. Stroll
under the trees along Main St, to see
pedestrian experience. At island Ave.; the old, unreinforced, brick buildings
is the private bridge to Bay Island, a Q•- (every seventh row is on end to tie the
very exclusive, car -free residential - .•: ,:':;::'•j`�'•j"-n1 Q• wythes together). Cross Balboa Blvd.
enclave. (Sorry, no visitors.) "FL_1( ��� �. to Balboa Pier. At its end is a delight-
2) Continue along the boardwalk (east) ful eatery in Art Deco -revival style.
to Fernando St. Turn right to Bay St.', 7) As a side trip, drive or ride
The painted, brick building (305 Bay r S.# (east) down Balboa Blvd. From the "M"
St.) was the original firehouse, police - a / S.hO $" St, beach, the Irvine family beach
station, and jail. ;.house stands out in blue. Continue to
( _ ;the peninsula's end for a view of the
• r: b '• O :•�1930 Palisades Club, today's Kerckhoff
_ Marine Laboratory (owned by Cal Tech)
'•.�' B a y Island - ` •• ': The rocky breakwater (called "The Wedge"
• C __ W :-by locals) reduces unpredictable waters -_
'in the channel mouth and creates excellent
��a -• •� I� �• :body surfing conditions by amplifying
• �.. 'the reflected waves back to shore.
\ 0'
Ba-y St: a \:•:•Irvine
QaQO - oa BALBOA BAY Be :oh Hous s
Newp.ort,. v o.0
_ -'
..:..... alb Bo i
Pier :•.,.• - o, .. _ 4C,.
�a.. vj. .. Oce2
3) At Palm St. and the bay, board the
Balboa Ferry (200 or 550/car). As you 0 0 ••• ��': ••`.
ride to Balboa Island, the "Pilgrim of k �0Wrth
Newport" is on your portside. A repro- a
duction of a 1774 Baltimore Clipper, ,• 4 this ship was built by the Holland Balboa' PACIFIC OCEAN A
family in their Costa Mesa backyard, Pier 4
using authentic plans from the Smithson-
ian Institute. See the board at Art's 01
Cafe for more details. Kerckhoff
Balboa Pavilion, the striking Victorian
building on the bay at Main Street, was
built in 1906 as a bath house and Marine Lab
terminus for the rail line. 8
119 NEWPORT HARBOR/COSTA MESA BOARD OF REALTORST
OFFICE I1OURS: 8:00am to 5:00pm - MNDAY TNRU FRIDAY
MIN OFFICE PRONE: 646-1671 or MLS: 646-0549
NEXT BREAKFAST MEETING: Thursday, November 30, 1984
SPEAKER: Dr,. Michael M. McCord
SUBJECT: "THE FRIENDLIEST THIEF OF ALL"
Michael McCord has an M.A., in Educational Psychology, from Calif-
ornia State University and is a licensed California Marriage, Fam-
ily and Child Counselor. He is the program Director of the South
Coast Counseling Center for Laguna Niguel and Costa Mesa. Michael
was the former Executive Director of the "Do it Now Foundation"
in Hollywood, California.
Michael is a consultant for the Raleigh Hills Hospital, and form-
erly for the California Youth Authority, Valley Free Clinic and
numerous service organizations. t
Michael specializes in Marriage, Family and Seperation Counseling;
problems of family violence, substance abuse, and children ages
eight to twelve.
Come and join us for this very informative program.
Staring at 8:00 a.m., at the Costa Mesa Community Center Clubhouse,
located at 1845 Park Avenue, Costa Mesa.
Nel • • i '
' v
G/PA Sub -Committee
Committee member Herb Marshall of Cannery Village Realty will
provide a status report on the specific area plan for the
Cannery Village - McFadden revitalization project. Reviewing
the conditions and progress of Newport Beach during 1984 will
include discussion on real property - market trends and values.
Chairman Robert Caustin invites all REALTORS to help wrap up
a ter` ri"ic Governmenta'i Political Affairs year by attending
this final meeting.
Information contained in SCUTTLEBUTT deemed reliable but not guaranteed.
Sailing / Richard Buffum
Urban Waterfront Restoration Gains a Forum
Whit is happening on our water-
fronts?
"California WaterfrontAge" is a
new quarterly magazine that seeks
to a6swer that question. That is
significant because it fills a void as
a "a source that both describes and
evaluates the multitude of changes
occuring along California's richly
diversk shores."
Tlie preceding quotation is taken
from,the introduction to the maga-
zine published by the California
State Coastal Conservancy in asso-
ciatigri with the San Francisco Bay
Chapter, Oceanic Society. It is
funded in part by a grant from the
U.S. Dept. of Commerce, Office of
Coastal Resource Management.
Tlje magazine's editor, Joseph E.
Petrillo, believes that industrial
and commercial uses of city water-
fronts, are giving way to recrea=
tiong]. and living environments.
That is true in Newport Beach,
Dand Point and Huntington Har-
bor. jt also is the case in the Bolsa
Chica Wetlands where a marina and
resx%ntial development is planned.
Upper Newport Bay has planned a
public kayak and canoe center for
instruction and training. Naming it
the Newport Aquatic Center, the
developers propose an 18,228-
square-foot center at North Star
Beach on public tidelands. The
project has been approved in prin-
ciple by the California Coastal
Commission, which must still ap-
prove plans for a dock at the
facility.
The aquatic center, I think, is
compatible with the wetlands envi-
ronment. The Bolsa Chica develop-
ment can be made compatible but is
vastly more complex and potential-
ly destructive than the aquatic
center.
I can only speculate that these
developments signal a change in
the Coastal Commission's narrow
vision of tidelands use. The prima-
ry purpose of the original commis-
sion was not only to develop a
scheme of permanent coastal pro-
tection, but also force wide public
access. That combination was not
necessarily possible.
Changes have been made. The
state legislature remodeled the
commission's objectives into the
1876 Coastal Act, which now gov-
erns coastal development. It ap-
pears that the wetlands policy will
be undergoing cautious develop-
ment, with, I trust, minimal dam-
age to the tidal ecosystem.
Also strengthening multi -use of
the coastal region is the Urban'
Waterfront Restoration Act of
1981, which states urban water-
fronts are "often the first part of an
urban area to develop and, thus, the
first to decay, are in need of
restoration."
Petrillo supports the efforts of
the State Coastal Conservancy,
which coordinates efforts to restore
urban waterfronts.
The conservancy and the new
California Urban Waterfront Area
Restoration Financing Authority
have been authorized to provide
$650 million in revenue bonds for
the restoration of California's ur-
ban waterfronts.
All this development provides a
foundation for a magazine that
promises "to stimulate ideas by
providing a sophisticated discus-
sion of waterfront development
and the issues surrounding it."
The magazine may be obtained
by writing to California Water-
frontAge, Fort Mason Center, Bldg.
r. San Francisco, 94123.
fist
"But we're OK in*ket calks the
way itis.
"Last week (at the US -million
tournament. in Delray Beach, Fla.),
there were many upsets, also. May-
be that's becoming the trend."
All right. On to the are -
these -guys winners.
Benhabiles, who scored the day's
biggest stunner, goes first. Born in
Algiers, Algeria, he moved to
France when he was 10, learning
tennis in the highly structured
system that produced Henri Le-
conte, Guy Forget and Thierry
Tulasne. Benhabiles is ranked fifth
in France, behind those three and
Noah.
He's slight (5-9, 132 pounds),
which may be his biggest asset.
Benhabiles has a deceptively
strong serve —he scored eight aces
against Krick.
The element of surprise certainly
worked against Krick.
"Nowadays in tournaments, 60-
70% of the draw, you don't even
know," Krick said. "You come out
for the first round and play some-
one you've never played before. It
takes awhile to get used to the way
they play.
"When I was 20, 21, I was
knocking off the top seeds and
becoming a star. Now, it seems
there are a lot more new stars.
Looking on was French Davis
Cup captain Jean -Paul Loth,who
apparently was duly impressed.
Immediately after the match, he
offered Benhabiles a spot on the
French team.
The afternoon's other shocker
was Schwaier over Vilas. Both play
the same style game —from the
baseline, with patience —but few
have ever played it as well as Vilas.
What's more, Schwaier was
stricken with leg cramps late in the
third set, when his 4-1 lead turned
into a 4-4 tie.
But Schwaier persevered. He
finally relieved the cramps by
laying on his back during timeouts
and waggling his legs in the air.
Then, he strutted back onto the
court and wrested the final two
games from Vilas.
Afterward, Vilas blamed the
court —or rather the difference in
speed between the: practice courts
and the stadium court, where the
match was played. "This court was
slow, which should be perfect for
me," Vilas said. "I should play
great.
"But the courts I practiced on
were faster. I should have prac-
ticed on the center court."
Vilas also didn't much care for
the nffieintin:s. Onn nail in nartirv.
SIZE....., .PRICE ISIZE
P205/6111113 ...
$62
,"St 0HR14.. . �Yp
P2/5/80R13 ....
63
215/60HR14.,...,
P215/80R14....
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23S/GCH%14.:.1
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206/80HR15 ...V42
P245/60R14 ....
76
23WSDH 115 ::. ;}�
P235/WR1S ....
77
255/80HR15 ..:
P255/WR15....
82
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P275/601415....
86
I October 23, 1984 °
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Olas Shelvainrrhe Realeter
A Great Blue Heron takes flight in the Upper Newport Bay. The bay provides a rest stop for migratory birds on their way up and down the coast.
By Tom Krattenmaker
The Register
ihe blue heron tucked away its 60 inches of wings
and settled down for a late -afternoon bite near
an island in the Upper Newport Bay.
More gray than blue, the heron stalked dinner on
spindly 18-inch legs, its long neck coiled and poised to
hurl a harpoon bill at any gobie or top smelt unlucky
enough to scoot by.
Neither the jetliner whooshing overhead nor the
Newport Center skyscrapers peeking over the bluffs
could break the heron's concentration.
With the government ready to undertake the big-
gest Newport Bay dredging project since the New
Upper Newport Bay
a migratory haven
Deal, officials are confident they will maintain the
upper bay as the five-star attraction for the blue
heron and dozens of other species of weary, hungry
travelers on the Pacific Flyway.
It's an encouraging future, boosters say, for the
752-acre wetland that once was slated for private
homes and now is threatened by an abnormally fast
sediment flow, which could eventually make it a
meadow.
On any given.day, the back bay bird hotel caters to
30,000 guests of 40 or more species, said the inn-'
keeper, Carl Wilcox of the California Department of.
Fish and Game. The yearly roll is almost 1 million
guests long. •
Surrounded by the airport, the buildings and the
activity of upscale Newport Beach,-the-state-r'an
wildlife sanctuary continues to give refuge to birds
and other marine life, just as it did before civilization
came to Southern California.
"The bay is extremely important," said Ralph
Please see WILDLIFE/3
Waters tested for pier restaurant plan
in
Those wailing sirens the night can
blamed on owners of exotic cars, those
/LSeauledeveln s testing whether
pa0 g
The building would be roil hl the
g g Y
Grif-
Speaking by telephone from Seattle,
Griffith said the restaurant would
irritating folks who take up the last two park -
/1 the local political waters will accept
the ful • ervice 'i tor-servin restau-
same size as the existing struc ure,
fith assured the council during a study ,
match the pier area's "historic charac-
Ing spaces, says Tom Murphine/6
ran he wants to ui in p ace of t ie
session two weeks ago. He said it would
ter" but declined to give details. He said
Headed for the slopes? The YMCA
salty old Fisherm;ln's Galley at the end
continue selling take-out food, bait and
he was months away from completing
is offering a ski conditioning class to help
of the Newport Pier.
tackle to the dozens of fishermen who
his plans. .
Orange County skiers get ready for the up-
Hill Griffith,,who owns a
angle at the end of the pier each day.
Merting declined to comment on the
coming snow season/15
,Ucualoper
new restaurant on the San Clemente
"The atmosphere is casual, one that
restaurant plans for fear he would
Pier, hay rnld the Cit_Council_te_anil
"
fits the beach," Griffith told council
"muddy the waters," he said. The Santa
Almanac/4 Fire Report/17
Police Report/1e
Fishermah s Ga]leY owner Bill ling
members,
Ana resident has run Fishvinan's Gal-
Building Permlts/18
want to open an "upgra ed ! two -floor
The earl ' response From city officials
ley since 1980 on a city lease, which ex -
Businessll2 Spons/15.16
Street Talkie
restaurant on the city -owned structure.
ra e, a on >h t to eve of per's
pires in 1987.
e develo ers and Ke ell a
Coming, Up114
News Around TowN10, 13,14 Who's News110
d have e
He said it uia serve lunch, ainucrmia
wo to get t e o- rom
brunches and seat slightly mor n
, California oasta Commission a d the
ci is Of e e pro-
25 cents — 4 sections, 60 pages
100. i ounci a ore easy sGe,RECT U�}ANT/4
rilOJJiRA�ALd,i'3.7,J�.1�0°Il'S)YJ'd�J'JJIA4Y1• YrY }• '/ Y
4,Ivoaulnn„>.,udlb/•nib J,•ni •1 J rPu
a Jn d J,l aldJJ.6 .h1.1.1.Id.66L{.1.{.{.id.1.1.1.
�o
0
w
AURANT: New eatery on
FROM 1
posed pier -end restaurant as a cousin to
Ruby's, the popular 1940s-style cafe that
serves hamburgers, malts and other
such fare on the Balboa Pier.
1a Newport Pier suffers
compare.it tote u�at
e councl study session. In a recent
interview, Delino said the Griffith pro-
7posal was merely "re -doing what we al -
.ready have on the Newport Pier — a
remodeling."
"All we want to do is make it a little
nicer," he said.
In addition l tonaaenme ndtwo
Zoom of encosasusea-g
r i to councilmembers, o -
,
1 bly would seek approval for a custom-
ers -only restroom in the restaurant.
Fisherman's Galley has no restroom.
Marriage Information taken from public
records.
Week of Oct. 8
Arrigo, Paul C., 21, salesman, Newport
Beach and Dean, Shan! L., 19, waitress, New-
port Beach.
Crawford, Charles D., 24, bartender, Corona
del Mar and Duesler, Kimberly A., 26; teacher,
Newport Beach.
Cyr, Bryan M., 32, salesman, Newport Beach
and Zwelgle, Debra M., 25, manicurist, Newport
Beach.
Glover, Gary S., 46, self-employed, Balboa
and Arnold, Karen R., 43, sales administrator,
Balboa.
ewport
customers at a time would be a drop in
ffi—
eT uc_ re an s o
visitors on tFepier dailp duringpeak
s`�8gn.
Despite the generally favorable re-
sponse, Public Works Director Ben No-
lan said in an interview that the
developers might be undertaking a risky
venture by building so nice a restaurant 7
on the pier, 11
"The pier is 45 years old — it's a tim-
ber structure in the open ocean," he
said. "Piers ... need constant mainte-
nance."
fish_iinng
"Toe Newpor6Pier lies in the district of
Councilman Don n ►fLSvp sst' who w
known for hishis requen oppooppo it on to new
developments.;Just back from a vaca-
tion in Europe, Strauss was not familiar
enough with the restaurant plans to
comment last week, he said.
Mayor Evelyn Hart said the proposed
U2 a u1r bite ens brought the matter up before a it
said the city wo d i the
nexets cps. wasdtly pdint
j�ed_theLyn in taking the�n'e_steps:
n Griffith said he "We're encouraged," Merting said.
ve or7e — o enmaker
Gray, Robert G., 22, salesman, Santa Ana
and Little, Loris G., 23, secretary, Newport
Beach.
Hitzel, John B., 32, collator operator, Costa
Mesa and Maravlch, Sandra E., 26, Insurance
secretary, Newport Beach,
King, James W., 27, sports personality, New-
port Beach and Nesters, Tina A., 25, hair-
dresser, Huntington Beach.
Moss, Ray W„ 56. marketing consultant,
Long Beach and Sarwas, Michelle Jt44, exec-
utive assistant, Newport Beach.
Scoff, Brian D„ 27, U.S. Marine Corps, Co-
rona del Mar and Magation, Lynn A., 28,
teacher, Mission Viejo. '
Tschanz, Felix F., 27, attorney, Newport
Beach and Dealt, Edna L., 26, auomey, Encino.
Warfleld, Gregory C., 29, sales engineer,
Huntington Beach and Marowltz, Cindy A., 29,
property manager, Corona del Mar.
Whitworth, Craig E., 19, U.S. Marine Corps,
Newport Beach and Flowers, Kinbedy A., 17,
student, Newport Beach.
B al1'La];iai � J � 118 ta] 26`f�litM
Petitions for divorce filed In Orange
County. Superior Court. Information 'taken
from court records.
Week of Oct. 8
Colmar, Keith and Donna
Henry, Roger and Pamela
/11ARD MADISON
$1245.00 SOLID BRASS BEDS Queen Size
SALE List $1245.00
$849.95 from Sale
• $399.95
$849.95
BRIDGEPORT
List $1722.00
a Sale
;,,If $1099.95
The Register
R. David Threahle Jr., publisher
N. Christian Anderson, editor
David Connelly, assistant metropolitan
editodzoned editions
David Campbell, news editor/zoned editions
Ray Downey-laskowitz, picture odifor/zoned edilions
Jack Defier, advertising manager
Telephone numbers
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Vol. 79, No. 395
OVER 100 MObELS I rtimr I1(l 1 z
TO CHOOSE FROM pRINCETON 1 7
without trundle
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fr'
October 31, 1984 $69L 5 f
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„r.tkLr,6ll4t titL Ll"tf1'f4Gtl'I 1.11'I r"Ill t'11•,I r:'r .., ••'•` �•
THE NEWPORT ENSIGN/COSTA MESA NEWS/IRVINE TODAY - September 5, 1984
City Parking Garage Possible For Cannery Village
Newport Beach City Council
last week took what amounts the
first step towards construction of
a possible first -ever city parking
structure in the Cannery Village
area.
Council, at its Monday,
August 27, meeting, voted to
continue negotiations to lease
three lots of land on 30th Street
near Newport Boulevard and to
seek a professional appraisal on
i three adjoining lots to aid in the
possible purchase of the land.
According to City Manager
Robert Wynn, negotiations for
the purchase of the privately.
owned lots could begin in
earnest as early as October,
when the professional appraisal
is completed. The value of the
land has been tentatively set at
just over $500,000, according to
a city staff report.
The remaining lots, owned by
the Newport Beach Assistance
League, would be leased from
the charitable group, Wynn
said. Terms of the lease have not
yet been finalized.
The entire parcel of land —
about one -fifth of art acre —
presently contains an existing
parking lot, a vacant lot, and a
small stained glass manufac-
turing shop.
While negotiations to acquire
the land are expected to con-
tinue, however, plans for -the
parcel are still sketchy, accor-
!hg to Councilman Bill Agee,
who heads up the city's Off rtreet happen is that the city could
Parking Committee. hold onto the land for three or
Agee said the land could be four years and turn around and
.developed into a parking struc- sell it and make a profit," he
ture, but "that is certainly said.
nothing we have specific plans Wynn, however, did say that
'for." He said the land would the high price of land in the
most likely he immediately turn = Cannery Village area would
ed into a ground -level parking make a parking structuie feasi-
lot if it is purchased and leased. ble. "With property values the
Agee said the city may choose way they are, you're probably
do build a parking structure —or talking about a structure of some
may do nothing with the land. kind," he saia last week in a
`The worst thing that could telephone interview.
Present plans call for the
purchase of the three lots to be
financed in part with some
$450,000 in parking fees'
collected from developers since
1967. Funds collected from city'
parking meters, which are ear -
for the purchase of city
parking lots, could also be used i
(Continued on page 2),'
PARKING
(Continued from page 1)
to help buy the Cannery Village
site, Agee said.
The parking torsstructure
would most likely serve only the 9
Cannery Village area, accor-
ding to city Public Works Direc-
tor Ben Nolan. He said the site is
r too small to have any impact on
the larger problem of parking on
the peninsula.
The plans to build the d
Cannery Village parking facility
are part of a larger effort by the
city to upgrade the crowded
commercial area. In a related
action last week, council also
voted to hire the Pasadena -
based Arroyo Group to prepare
specifiaplansfor future develop-
ment in the area.
The Arroyo Group, which will
be paid $30,000 to prepare the
Cannery Village plans, has
drawn up -similar iorig-range
plans for the cities of Long
Beach, San Clemente and Hun-
tington Beach.
THE SANTA ANA REGISTER - November 9, 1984
Residents feel left out
of Balboa development
By Jeanne Wright
The Register
NEWPORT BEACH —An ambi-
tious plan to revamp the old beach -
front McFadden Square and
bayfront Cannery Village on Bal-
boa Peninsula stirred controversy
Thursday when angry residents
accused city officials of not keep-
ing them informed.
Troubled by the decline of the
historical, tourist -oriented areas,
city officials and a group of con-
cerned residents launched a cam-
paign last year to upgrade the two
areas.
But city planning officials were
criticized Thursday by residents
who contended the city was keep-
ing them out of the planning pro-
cess.
"Nothing could be further from
the truth," said City Senior Plan-
ner Chris Gustin.
Gustin said the city has gone to
great lengths to include represeh-
tatives of a cross section of the city
in the early designing stages of a
proposal to improve the areas.
But others, including Lido Island
resident Judy Rosener, disagree.
"People feel they have been
completely locked out of the pro-
cess and they are upset," said
Rosener, an assistant dean at UC
Irvine and former member of the
California Coastal Commission.
"We, the citizens of Newport
Please see PROJECT/88
Beach are not a threat. We ate the
taxpayers.- Roseaer said. "flow
can we participant if we aren't no -
tilled of what's going ono"
Rosener and Frances Buy, a
commercial property owner in the
area targeted for improvements,
said the city should have officially
notified all property owners and
residuum in the McFadden Square
and try Village areas about
the Grp that the planning
process was Just beginning. that no
0 - I I I proposal to upgrade the
areas yet existed and that the city
was sending out notifications to
more than 700 nearby residents.
"I have talked to community
leaders, business owners and real
estate people ... how can people
say we are ignoring teddettial
jaftrus?" Gustin said.
Am Mallory M. president of the
ibfr0d Newport Seech Commu-
faky l�eociarson ad a member of
go iitiven's ad -hoc planning com-
fgllgle, concurred. "I'm confident
;0m dity has made the planning pro-
',aaao open to the entire mmmu-
4*1r," Mallory said.
But Bury said she worrier that
her commercial property at New-
port ard and 30th Sir.
Idbe vcondemned by the city
and taken by eminent domain.
"We are dumbfounded. We don't
want our lifelong saw gs to
down the tube because somebody
wants to develop bore," Buy said.
"All this planning has been goft
on and the people that could be
most adva+dy affected wetre not
am notified of the mom.'
Although Guedn said there are
so cm t plans to condoms prop-
erty. be said name 000daaoatiam
may tome in the future.
During the summer of 1903, a na-
tional team of architects. econo-
mists and planners conducted a
faraday study of ten tvao 4WM and
submitted their recommendations
to the city.
The city. under no obligation.
dismissed the wwestions as po-
tentially unpopular and too costly.
Gustin said.
Nevertheless. some residents
were afraid the city planned to fol-
low the recommendations of the
Regional Urban Design Assistance
Team. Gustier termed the study a
"public relations disaster.'
The team arsed dry aRicWs to
eke major traffic and parking
tmprwemems on Baum Piano -
Bala, to eaoahvU a waterfront bo-
tel in Camery Village, to eabauce
the historical resources of Mc-
Fadden Square and to use shuttle
buses or water taxis to ferry tour-
ists through the city.
More high density residential
housing was suggested for Lido
Peninsula, as well as the conver-
sion of dogged stteeta in the bench
areas into tree -fined pedestrian
walkways.
Such a major rejuvenation would
require substantial financial com-
mttments from the city and private
investors, the study said.
Thursday's meeting of the ad -
hoc catiseas' committee was the
first of many to come up with a
proposalPlan-
ning Commission and City Council
for consideration early next year,
Gustin said.
Recommedations for improv-
ing traffic flour and parking. up-
nPnxpertyowrers mthei
tiesyo" Beach ter with
cols Thursday to daoUas
�edereRnp the area on
Perwerla
rr.er cav at N*w emu
grade businesses and residential
arms and change the dwacter of
the Newport PJAWW t lit a iM
discussedata raft
THE REGISTER --- Community Edition
November 13, 1984
Balboa residents
feeling left out of
redevelopment ppF
By Jeanne Wrlgh� f'
The Register
NEWPORT BEACH — An ambitious plan to
revamp the old beachfront McFadden Square and
bayfront Cannery Village on Balboa Peninsula
stirred controversy last Thursday when angry
residents accused city officials of not keeping
them informed.
Troubled by the decline of the historical, tour-
ist -oriented areas, city officials and. a group of
concerned residents launched a campaign last
year to upgrade the two areas.
But city planning officials were criticized last
Thursday by residents who contended the city
was keeping them out of the planning process.
"Nothing could be further from the truth," said
city planner Chris Dustin.
Gustin said the city has gone to great lengths to
include representatives of a cross section of the
city in the early designing stages of a proposal to
improve the areas.
But others, including Lido Island resident Judy
Rosener, disagree.
"People feel they have been completely locked
out of the process and they are upset," said
Rosener, an assistant dean at UC Irvine and for-
mer member of the California Coastal Commis-
sion.
"We, the citizens of Newport Beach, are not a
threat. We are the taxpayers," Rosener said.
"How can we participate if we aren't notified of
what's going on?"
Rosener and Frances Bury, a commercial prop-
erty owner in the area targeted for improve-
ments, said the city should have officially notified
all property owners and residents in the
McFadden Square and Cannery Village areas
about the hearings.
Gustin said the planning process was just begin-
ning, that no concrete proposal to upgrade the
areas yet -e isted, and that the city was sending ,
out notifications to more, than 700 nearft resi-
dents.
C,
SANTA ANA REGISTER
EDITORIAL PAGE - LETTERS TO THE EDITOR
November 19, 1984
Let's make things plainer
Although I appreciate the coverage
The Register gave to the planning going
on in the McFadden Square and Cannery
Village areas in Newport Beach, I feel
the characterization of my remarks was
somewhat overdrawn.
The fact that many of us attended the
planning session attests to the fact that
the city is now informing citizens and
has hired a consultant who is anxious to
have citizen input.
My remarks were directed at the fact
that long-time residents who own land in
the planning area had not been informed
although informal planning has been
going on for some time. As the city's own
planner noted, the last planning effort in
this area was a "public relations
disaster" because the citizen
involvement was minimal. I merely
asked that the process be made clear to
those who will be directly impacted, as
well as to those who wish to develop.
I feel that the Nov. 8 session ivas
extremely valuable. I commend the city
and the consultant for the manner in
which it was conducted and for the
opportunity for citizens to participate. I
hope this kind of planning will become
the norm rather than the exception.
Judy B. Rosener
Newport Beach
Proposals would - -
thin congestion,
remodel pier area
By Tom Krattenmaker
The Register
NEWPORT BEACH — One of
Orange County's favorite gate-
ways to the ocean could become
easier to get to, easier to park in
and nicer to stroll through under a
long-awaited plan to be made pub-
lic today.
The release of a $30,000 consul-
tants' study to a Newport Beach
citizens committee this morning is
the first step in what community
leaders hope will become a spruc-
ing up of the historic, but many say.
blighted, Newport Pier area.
The study — the Specific Area
Plan for Cannery Village/McFad-
den Square — calls for preserva-
tion of old-time marine and beach -
oriented businesses that charac-
terize the bayfront Cannery
Village and oceanfront McFadden
Square. Promenades, -traffic -relief
measures and pier improvements
to draw more shoppers and beach
visitors are proposed.
But the new look is far from set
in concrete, cautioned Chris Gus -
tin, a senior city planner directing
preparation of the plan.
Potentially controversial pro-
posals on when, where and how to
widen two important streets and
build a parking structure, traffic -
easing moves that could displace
some restaurants and businesses,
still are in the planning stages,
Gustin said.
Whether the city will form a re-
development agency — a first for
Newport's conservative city gov-
ernment — or allow landowners
and business people carry the ball
is a decision still facing City Coun-
cil.
Still, community leaders wel-
comed the study's release as long -
overdue for an area in need.
Clay Miller?ha Reglstet
A consultants' study recommends that Newport Boulevard be widened from four to six lanes.
"rra excited," Mayor Philip
Maurer said. "This is going to be a
big first step."
One of the oldest and most nos-
talgia -rich waterfronts in Orange
County, Cannery Village and
McFadden Square have fallen to
neglect and blight in recent de-
cades, its boosters say. Its twice -a -
day gridlocks on summer week-
ends have angered residents and
beach visitors.
"There is tremendous potential
for making this a very special
area," said Betsy Dougherty, an
area architect who sat on the citi-
zens committee that helped guide
the Pasadena -based consultants.
"It has a lot of local flavor we
want to retain, but by the same
token we -want -to relieve the
blight."
-Prepared by consultants of a
firm called the Arroyo Group, the
study aims at translating general
planning schemes already on the
books into more specific zoning
and building guidelines, Gustin
said.
"We're trying to stimulate peo-
ple into revitalizing their proper-
ty," Gustin said.
The study recommends:
■ Widening often -jammed
Newport Boulevard from four to
six lanes between 30th and 32nd
Street and over the Pacific Coast
Highway bridge, beyond the study
area boundary.
Gustin said such a move — al-
ready part of the city's long-term
planning document — would not
necessarily displace the several
restaurants between 30th and 32nd.
■ Widening narrow Villa- Way
in Cannery Village from one lane to
two for five blocks, a move that
would require the city to acquire
and level several lots;
■ Realigning Balboa Boule-
vard to make a smoother transi-
tion with Newport Boulevard at
26th Street, a move designed to
straighten out the maze -like "mix -
master" intersection known for
confusing motorists;
■ Parkingforanadditioua1S00'
cars, although the report does not
say how and where to build the
spaces;
■ Improving vistas and sights
to give McFadden Square a "turn -
of -the -century" atmosphere,
through such devices aslandscap-
ing, street furniture, streetlights
and wider walkways around busi-
nesses;
■ Moving public restrooms
from the foot of the pier, and
■ Starting a-shuttleon the Bat-,
boa Peninsula to siphon summer-
time traffic off its packed streets.
88 The Register Thurs., March 21, 1M
i
Study
designs ,
;Newport Seac
face lift -
A new g
for an ol�
City is taking stock
of Cannery Village,
McFadden Square
By Tom Krattanmaker
The Register
Unplanned grass sprouts between
a sidewalk and splotchy white
building. Industrial drums rust in a
manufacturing yard. Across the way a
rustic, wooden office building, pes-
tered by vacancies for most of its five
years according to its management,
rises above the Rhine Channel.
Down the peninsula and nearer the
beach, establishments called Baldy's
Tackle, Jose Murphy's cocktails and
Sea iew Seafood (the sign has lost its
"v") run down a line from a pier built
almost a century ago.
Welcome to Cannery Village and
McFadden Square, where 90-degree
angles on buildings and streets seem
as scarce as business suits on the
beach.
Newport Beach is starting to take
stock in Cannery Village and
McFadden Square, the city's oldest —
some say the scummiest — node.
Years of talk and study come to a cli-
max this month when a consultant un-
veils a long-awaited proposal for
making "Old Newport" work and look
better.
Called the "Specific Area Plan," the.
blueprint will guide how the city and
property owners shape the area's
roads, buildings and grounds. It will
try to smooth out crooked roads and
produce more now -scarce parking.
Certain to please some property own-
ers and displace others, the plan is ex-
pected to stir controversy as it hits the
Planning Commission in April.
Please see GAME PLAN/3
arne plan
d districtr?
Mark alghtmimrThe 11"later
Above, a view of Lafayette Street In the heart of Cannery Village. Top photo shows cyclists riding along the Strand.
`Old Newport' a reminder of city's beginnings
The first cannery flopped, shut down
by the city in short order for the
smell and fish oil it cast into local noses
and waters.
The builder and namesake of the pier
sold out — wharf, railroad, land hold-
ings and all — disappointed that he
would never realize his dream of
founding a bustling industrial port
here.
Yet it was those twin failures that
spawned the oldest and most history -
rich stretch of Newport Beach — and
gave Cannery Village and McFadden
Square their names.
Admirers call the villages "Old New-
port." With their unlikely beginnings
and salty old charms, community lead-
ers say they strengthen the brittle link
to the past in a city where white -col-
lared business people have long out-
numbered old sea dogs, and beach
dream homes have nudged aside the
tents early visitors pitched on the
sandspit.
"It was not a very fancy place," said
Bill Hamilton, owner of The Cannery, a
replica restaurant perched on the
Rhine Channel in a corner of the vil-
Please see HISTORY/2-
6011:11Nq long-distar'ce Calls is part of being a
parent. And as columnist Tom Murphine points out, children
— even when they are all grown and have families of their
own — rarely call their parents to pass along any good
nawa/i
Graced by a 1,400•pound hanging shark and a
fish -shaped welcome sign that says "Don't Look Here,' the
Crab Cooker exudes a charm as crusty as the homemade
fisherman's bread It hands out for 75 cents a hunk to patrons
in the seemingly ever-present waiting line/10
Almanac✓17
Busirless1110
Community Leaerro
Fire ReporV13
How They Voted/8
Police ROPOIV17
SooreboakVlfi
Sporlslts
Street Talk/11 ,
News Around Town/U
......aa.-aa-..rvLr.h-�.JJar.'-s-y.w.yy+W,♦T.Yy�f#♦pw}!w`dY♦.-.w.Hcua,-L...
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I
I
1F.': • . 1 . • •villages! past and present
"It still isn't."
hUtor4os and longtime locals any
the two pockets of local lore have
strayed from their fousdlog functions,
modern-day waste and iiaWl-
the c
lty's plooars hardly coneid-
Wed.
As a sign on Pacific Coral Highway
adver iea today, and as a plaque at the
ban of the pier explain in more detall,
!(eager Bank began at the pin bdt
by James and Robert McFadden.
„ Casmsced by ratllead with the
bMtalaed b tlhe wimar of IM41, it
ere a ehippiuug ad distrlbutleg
t for orange, San Bernardino wed
counties," reads the plaque,
taJ by the state in Ion.
County's crops and livestock
the aril an the way to the end of
tbi pier in those days, local historian
Les wrote in the city's 7&h-amsl•
eta � dropped off �hheerbind dree �
s same for Orange County.
ftokedowinil the pier area's des,
tier a different commodity almost im-
mel�latsiy began riding the train to
Newport — people.
It was something (the McFadddu)
didn't anticipste," said John Loomis, a
Newport Baaeh architect and expert on
the wa's development. "on Sundays,
people woad •o an dressed up and gee
on the trait can ... to come to the
beach."
Is Ise9, Janes McFaddsn sod We
what and rsWoad as San Pedro deveF
aped into the ktdmuriel port McFaddea
bad envlrlaad for Newport. Three
years later, he add the towwite. too,
according to Lea. So departed the ship.
ping and many of the earnest bud-
nesses. But the beach and the fish didn't
Soe.
popular did noshing off the pier be-
come that a 1931 history, written on
Newport's 25th birthday, called it the
city'sNo. I magnet. left isestimated that
M,010 people per Iron drop their litres
from the deck of that structural" Sam-
ud Meyer wrots.
So too came the beach-gurs, albeit in
far more onmbenome costumes than
today's beach crowd.
"No one bWW*d in exposure to the
sun," wrote Raman Duarte Cantle, a
ebrreer' Newport resident who published
kn memoirs In 1970. "Girls and women
were dream with long sieevea, high
necklines and full skirts Oat swept the
sand as they walked. Men dressed in
wits, hats and bill -tapped shoes."
The architecture, though, has
changed little since the 1910s and '20s,
Loomis says. Learning their lesson after
repeated fires, pier area builders
started enacting their hotels, stores
and restaurants out of masonry rather
than wood. Loomis as a. The McFadden
hu dhy, the trfangulme structure that
now houses the Rex restaurant and the
Doryman's Im across from the pier,
was built in 19M.
With a fate like McFadden Squares,
Cannery Village's first namesake lost
out to the public's taste. opened in 1919,
the first cannery closed in 1921 after
residents complained to the city about
mpare our
prices on
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ANON aso.,Y
tiorBt�d eAS•
71urgne, Ial� el Auto
C",er ve ens
Mt7 A AY
errl s Mail
swam sea
the odors and oily refuse it demped into
the harbor.
But mote successful terming deaan-
Moto followed. Lafayette Street, tun•
htihlg along the Rhine channel, became
home to tires camterles durhy can.
ring$ hey4lay In the myiddle of the Coo-
�." TheIt e•ened the r C
of them all was
Wastern Canon Co., launched into op.
anion by Waller' LAwgmeon in 1e34.
By 1956, i ongmoot Is factory was pro-
cessing the maekerd sed tuna of some
130 commercial fishermen operating out
of the Newport Harbor. Behind the ess,
feria sprung up Industries such
as bat repairs and light manufacturing
�y employees throw up lrt-
tle within earshot of the steam
whistle that badmued them to work
each day, Hamilton said.
7% inhabitants saw and asked for lit-
tle attention from City Hell,wy, Can.
fury owner Hamilton and Hank
Swanerton, a Balboa Padreula nedem
who sits on a citizens' committee steer-
ing the area's redevelopment.
"It grew up hike topsy ... with nothing
in the way ofplanning, " Swe netton said.
"Think of the difference between the
way Lido Isle developed oompwed to
Cannery VHhkgP-"
Joining canneries on the village's
crooked seats were the boetlear6r that
built, repaired and maintained the her-
bar's fat -growing Llat of vessels. Their
softy style might hew base typified by a
Gomm immigrant named Hate
Dickman, who Hamilton says refused to
accept anything but old-fashioned
woods Wake at the titlit
e wtthtnaw Mlvthen
the LAM Bach �
world War H brought work to
theaatnaing vWsge at the
harbor. More than —sties
atrereh rescue bats and otiMR
veaels were h► mehed Rom NOW
daabhg the war, accoergeg to old teas,
p@W articles•
Yachting has kept many of tla vil-
We boatworks in badeasly iset the
steadily, disappeoseft fish, dteMdd who
canneries efbusiness. The bid to$0was
Wotan camera, which ""Woodier
dos of its Friddes pa food is IM
Hamilton and a partner bsoaltt 4ha
W10tern Causer a., and brit No
cesony ro 'In we as a nalah+4oed
shop no door. Already. a
tempted huelsas has toad i
the
raids death a yew age
As City Had drdb a ks*4
de
velopment ad plan n Cae mod
leWert say the dansege Is
precarious balatics, help
and the hopmVistrueft
eeyene tails 4eCoaaq. ,
"If 're at cwtul,
it "amiwe
Dazed �, ww6s; am
the "ThN is twit of our hr kill
Hamilton. "Its what Pao
Newport Benda to sojay, IN 1
ties. You can we that in Chi
— toe Kn
0•v
For Fast Service
and Bvnen Faster Res `
Visit Your Neighborhoot T'„aN _t.
Classified Headquarters � 2
Ire saetor qua Yin ahbelt b pMa a daaelllad ad m q►e OmOat .
Cotalnt flapwr, all arhwoI If wdgl site hgat sisse" teeaes tit
SoWtaa CttMealL PIMON or Vint One I I KAaat desi ft c
oAea pktwed 1leloer. tint p{OAnrelor l ele4 WO bad Ytw phhelf
ad ashen k ergo Ar due mast lived. Clue WNart aao mean t.7
halt w selans teadess Is omA w f4'' AW rasa aces eht', -
new »Igor dolly ewtaI s; - So. eehi.aa Veer wwbq Ss4 raw-
« vleh to bait. 118708 In ym al$b6oakeodl
CMA RUM
win I
MAP" KMA
(71 7544M
nt&&ftr
Ift" doe bat home is Yet
John McCarty of Santa Ana cleans a boat at a boatyard In Cannery Village. manK niv.............
GAME PLAN: Consultant to unveil proposal to revitalize, `Old Newport'
FROM 1
Those preparing it are finding that in
the oldest part of town, one person's
charm is another person's blight.
Far from agreeing on the future, citi-
zens, planners and merchants don't
even see things the same today between
the ocean and the bay east of City Hall, a
home to small shops, restaurants, light
marine industries and a sprinkling of
homes,
"I wouldn't want to be in Big Canyon.
It's too antiseptic. It doesn't have charm
like this," said "Lolli" Loftsgaard, who
makes signs in a 14-by-12-foot nook she
rents in a small Cannery Village office
and retail building called The Factory.
"Newport Beach has a ghetto, and it's
right here," countered Rick Lawrence,
a prominent property owner and
McFadden Square booster.
"It has potential to be a lovely area —
it deserves to be," added Hank
Swenerton, a homeowners' group leader
who lives a dozen blocks down the penin-
sula from the pier. "But I challenge any-
one to find more ugliness."
The pier area in particular attracts
what most call "the element." The label
refers to the small percentage of the
city's 10 million yearly visitors who
don't look the part of upper -income,
white Newport Beach. They are spike.
haired punk rockers, long-haired heavy
metalers, minorities and lower -income
fishermen who cast lines off the pier as
element is colorful or
on who's doing the judg-
Councilman Donald Strauss; who rep-
resents McFadden Square and Cannery
Vfllage, says the people around the pier
breathe into the city a multi -nationality
SPECIFIC AREA PLAN
The map shows the areas included
in the Cannery Village, McFadden
Square Specific Area Plan, a zoning
instrument the city is preparing for
March 21 release that is aimed at
helping improve the area some call
blighted
t 32nd St. /
atat St.
�t
sours: Newport Beach-%l,( `, J
planning depadmenl
atmosphere it otherwise would miss.
Merchants who run the fast-food joints
and T-shirt shops welcome those day
visitors' business, too.
McFadden Square's higher -dollar
business people, on the other hand, say
the element scares away more affluent
visitors and locals. And police say some
of the pier personalities brew law -en-
forcement trouble with,drinking, rowdi-
ness and other illegal acts.
Rather than too many people of the
wrong kind, Cannery Village suffers
from too few people of any kind, say
some of its inhabitants. Except for a
successful restaurant or two, the area is
known for sparse -spending traffic and
vacant offices.
On the other hand, its eyesores and
jumbled, narrow streets traditionally
have not worried'the manufacturers and
boat repairers, who would "just as soon
the city left them alone," said Bill Ham-
ilton, owner of the popular Cannery res-
taurant and a longtime force in the
village.
"It's one of the most unique little pock-
ets in Orange County," added John
Loomis, a Newport Beach architect who
specializes in historical restorations.
Whether dilapidated or charming,
McFadden Square and Cannery Village
are hardly subjects of City Hall inatten-
tion anymore. They were scrutinized by
a.team of architects and experts in 1983
and now are under the microscope of the
consultant and citizens committee draft-
ing the specific area plan.
At the cost of $30,000for the consultant
and hundreds of hours of planning staff
time, the plan will propel more and
faster change than Cannery Village and
McFadden Square have had in decades.
The City Council will have the ultimate
responsibility for tailoring and approv-
ing what the consultant proposes March
21.
City Hall will not tear down.old build-
ings and erect new ones under the re-
development scheme. Rather, builders
and property owners will power the
work, and the city will just steer, ex-
plained Chris Gustin, a senior city plan-
ner coordinating the plan.
Gustin said the city will take the lead
in engineering public -property improve-
ments to sewers, streets and parking,
for which the area's boosters have long
clamored. It is that work that worries
some property owners the most, be-
cause the new parking ramp and wider
Newport Boulevard being discussed
could doom certain plots to the bull-
dozer.
Through meetings and interviews,
many in the area also have warned
against too -drastic upgrading by the
Pasadena -based consultant.
"Change'for change sake is a great
sin," said Bob Roubian, who has owned
the Crab Cooker restaurant on Newport
Boulevard for 25 years. Roubian sits on
the citizens advisory committee.
Meetings leading up to the Cannery
Village and McFadden Square redevel-
opment have stirred hundreds of ideas
ranging from the far-fetched to the mod-
est. They also have framed rifts be-
tween residents and business people,
between the defenders of a "funky old
charm" and those with a more upscale,
landscaped vision of the area's future.
Nearly all interests, though, say they
are glad City Hall -has turned its atten-
tion to the area just behind it.
"It's overdue," said Gustin. "It's
right across the street from City Hall,
which has its new landscaping and new
buildings. It's time to revitalize the ar-
eas around it."
tS
9
M
Pkffb wish k t 2 Oft N8 pbr
Two Orange County reddeab were
liM last week whan their single -engine
gilft crashed In the ocean off Newport
Dhers we hill surel tri last
Wsdlestiq moraine for a third person
who may have pitted the plane, au•
tivatles saw. lu small plane creslad
ktb the watr early 7Wuday, Feb. 26,
wlatess said,
the belles of a Hudtyba Reach
Moaam, 24,,sad an Aubdm man, A
wtme tmmd lu the wreckap, sad sin —
Ira am comods office atHclaN
TIO Cum to wu mbmerged 41 feet
i1ftwi- NWA200yardsofftheNew-
Pat Pier.
laipestlgatas said the plane was`
strap by ear Oreaae County nyitci club
Md 4d taken of[ hum Jela Wayne Air-
poe4. Its •debstlom wu mkmown.
Item #0 wpear Rut weds who the
:'firs "Now, Commusmy Edison,
tepinealee ragas b b i01sr. taN
wtaid tM b bow pain Winton a
ett�arM* in low eomaaMb, and
d y
1Ne ppadsb OnnintMnM 41"
t7hprtaoagytid0bn ragas maul be
��peee0eargNtOdeleeM,wMn arwtne,
iWsi6 and a daON phone MW
W. We to nary, but w oasoM
sw�°'me a
1% , *A. @at
ve
r MMtaMlhlk t14M1.
pilot was. A coroner's official said nei-
ther of the two person found knew how
to fly and invatfeators were "ifia
into the possibility of a third pereon be-
bAafisberman reported hearing the
ab�oai quarterr mimet into le=Street
portly after 2 a.m., stis rWa spokasman
U. Richard Ole m said. A ladlpgyear
am, carpNky and debrb were !brad
at 2:40 a.m.
Ray YcGehse, 20,4 ROOM am he
was watihte on the jAW bward the
beach who he eotI the
"You could sae the plait hit sod than
It was all buck. It n adsd liko a loud
Made" be said.
1n one of its more emotional beatitW,
the Oraiw County ltaardor8mperviars
took Mat action Rut week to expand
Jahn Wayne Airport and convert its
homes and apattmeab ht Santa Ara
HNOts to a boalaess area.
The action inrpports a Jan. X decision
to bueeeea dolly Alekb at the airport
from thI cni 41 to -so are trim 9
bo
aYowa airuau b trade We night
fer'two "gcderer" tbthta below 3 daci-
It nssrus the option to leereuo
cite o"In�M.mob Ne�irj t�llsi'h�W
a4jeaead b Ne voeeStb soar bteraeaed
would
.n aaa �Yswdotu tocity
reaweab snide' their paths.
/ CM
The Sofa Ana Hel/6h d0ddW re -
nines about 124 homes and a 9-aft
apartmentH000m e�yn� into hbusiness ulas:
Drive will retain their curtest salt.
spot shad an. boar
. 26, dbauebte lau-
avarttlMla
to fte am
Bat afOM WpeMeertt aPo•ewd maw
oo fbve„ PAMM 1ba0eaw" the su,
p { that-ths city mover ksd ptmm.
dW is
ri adm0ts6timslFthyweroado�ted.'!'ka
tidto fthte wdedst � od W"et
Mena nit the bul4ninote changes
were a "minor modUkatlgm" and did
ant-aeat the serious aihJatMleas of the
p o* doll uuW aboat the unbridled
atpan" of Jahn Wayne Airport"
no broudm artery remouses from
hr
The Newport Beady City CowAg was
erJ WWW to Meer in a ad-
da ib nisei tea' o dke�at ah'�t
ere e+eaaWiB''�°aU't
Am IMeaeq"Mlwraree mop
WIN" a
so sigh ttat
ev
N as ess�iw H�rwr�
Mwhta wr CN"W y an "a Mat
desire.
IbmoaNmtd tMtiM ;� •w,
4141010
r0v�elSkOft � 1111
OAK
a MMw� 'iNai#Mi11N
roar One Stop
,eats Tor AW
via Putt &Of$
mb.4 __.x. V'tk CN**�d•
IN ORANGE t'OUKY
•e
I
i
Community Business
'Keep It simple — and fun' Is Bob Roubian's motto for his popular Crab Cooker restaurant.
An offbeat way to serve the `world's best seafood'. •
doesn't deter
An old-fashioned, one -counter seafood market hits
utensils others 'have used. No trick to cut costs or
Disposable silverware
the visitor upon entry, its list of fare scrawled in chalk
conjure atmosphere, the throw -away china actually
Crab Cooker's many faithful patrons
on a blackboard. Cooks sweat in plain sight, visible
costs far more in the long run, she said,
through windows,,grilling salmon, swordfish and hali-
The story behind the nuthin'-fancy Crab Cooker
but on mesquite -fueled barbecue pits. They say the
name is pretty basic, too. It came by public decree,
B Tom Kretlenmeker
Y
kitchen can get hotter than 100 degrees.
Roubian says.
The Register
Around the corner, a wall features painted portraits
In the old location where Roubian opened his first
of Roubian, recognizable by his longish hair and ear-
restaurant, blocks away from the current site, the
Roubian serves the "World's Best Seafood" —
ring, and the sailor -capped manager "Robby," who
-name was Seafood Varieties. For 10 years, a big out -
Bob
on paper plates.
has.scooted around the premises in.a wheelchair since
,door vat cooked the crabs, he says.
He does everything his own plain, odd way at the
the restaurant opened.
So whatever -the real' name, "People used to say,
seafood restaurant on Newport .Boulevard and 22nd
Robby — his real name is Gerald Robfogel — and
'Let's go to the Crab Cooker,"" Rhonda Roubian says.
Roubian caved into pressure and, christened his
Street that he has owned and teased with his piano-
playing for a quarter of a century.
Rhonda Roubian call the -Crab Cooker the physical
construct of the owner's wily oddness.
public
operation the Crab Cooker when he moved to the, cor-
Graced by a 1,400-pound hanging shark and a fish-
"The way itwas formed," Robfogel shrugs, "is'keep
ner of Newport Boulevard and 22nd Street 25 years
shaped welcome sign that says "Don't Look Here," the
Crab Cooker exudes a charm as crusty as the home-
it simple and be consistent' ... It's fun. All -the way
from Mr. Roubian down that's just the way it is."
ago.
Part of the citizens advisory committee helping form
made fisherman's bread it hands out for 75 cents a
hunk to patrons in the seemingly ever-present waiting
"He's very corny," adds Rhonda Roubian about her
father, who is teaching her management.
a new planning scheme for Cannery Village and
McFadden Square, Roubian stands out at meetings of
line.
the executive -looking group with his Bohemian ap-
And •it is the worlds best seafood — its the truth,
winked Roubian's 20-year-old daughter, Rhonda, sec-
apparently works —ask anyone who has tried
It a pp y
eating there on a weekend evening. Waiting outside the
pearance. But anchoring -a salty part of town that grew
up on fishing and boating, Roubian, 58, might be -mote
onding perhaps the most controversial of the sayings
Roubian has hung all over the red -and -white building.
door on foot or a wooden bench, a queue of people
usually quiet their rumbling stomachs with the bread,
"Old Newport" than just about anyone.
Originally a building contractor, he became a res-
The most numerous of the slogans, of course, is the
'seafood cocktails and plastic cups of wine hocked at
taurateur partly to spare more time to play the -piano,
trademark; "Eat Lotsa Fish."
the market counter.
Rhonda Roubian says, although he hasn't slipped be -
The Cooker's not just for eating; nostalgic eyes and
Part of the non --elegance Roubian seems to promote,
hind the crusty old keyboard in the Crab Cooker corner
hearts feast there, too.
Cooker customers eat even the most expensive sea
for a few years now. Roubian says he still spends time
The 60-year-old building was once a bank, and the
delicacies with paper plates and bowls and plastic
with his music. "I only sing and write songs about
sailboat insignia that Bank of America used to carve
outside its structures remains on the Crab Cooker's
silverware. I
Rhonda Roubian admits it might seem odd to eat
fish," he said,
"He doesn't consider himself a businessman,"
wall. The bank's old walk-in vault is now the restau-
Alaskan King Crab with fast-food gear, but she says
• Rhonda Roubian said. "He always says he's getting
raM'a refrigerator.
fot'-Helerea`thts lace. •. •.....« ..
her -dad -doesn't -like -the, idea of •peoPte-eat' with •- .paidplaying: S.: p
• : •
FT"•, $ • Lrj : • •77. TO
�
He aoatort Is upprade "professiooll-
iem" of the 31 Orage Coenty Room
COMM odmis, dioona officials have
�duAllim far teachers
ttaimmr'a degree la their spidda
rAW or a mine isechimt credential.
Ti aMsez who tali ro"aNn ptvgremm, •
tsAlard`Wpreek1 their credandda by
Smpwpaf face a wlny hone, w
p dine mmods for the d 000
sister LeyAM laid don 30 of the iM
end Yob in ihioschoom
rthe dlocae
low.
. by the dmpe in pol-
qr•
master's depoe wID sot 60 subject to
the fremser Blda i p don said.
Several teachers contacted said their
initial anger ore' the deadline was
calmed after they met with Sister
Leyden.
Tom Summers, a religion teacher at
Mater Doi High School in Santa Am.,
mW todnn had bard feelings bout
the ,his m policy mtll they learned
thatrt6e dieoese w.s,ril,iag to "aegetb
are" conditions for the salary Name.
"we,nd with Sister (L*Ydm) ad
new ulnae Is a flood dialogue oft,'
saW Boom. "We realize the poky is
for the -lent than ban & of the beach.
Balloon teachers faced special prod
lemz in laming masters degrees be.
cause nab private salign offer
ro1181 1 detrw, ad tdtioo oast we
higher Om in public tdvordties,#em-
omem
Sister Hwydon snit the pulley wood be
"Pretty /now, a teaohna at Catsells
srboa(a, who pasrdb earn lees due
(TlttdHoodia woo but
a spoksomm des om � we a asp omallsorb pt nPOO
aa who
en�ld eillasfas St tta to Mi fa the diocese es0 ° I COMM with AM dhatlw•
are a m 30 pruxat bn time salarles uees d teachers, she sold.
/er pahlie eshad teaebets. The arerege Diocese Associate Superimmdom Sis
Wrtiat salary far rashers with Nn tar Margaret Zimmern mm sold that In
tilrn 00 wars' mad a H9gCr tMO were alaut 100 dbaa tmwh•
dal ia�e County is
are without a teaching crrdadml or
the praago
toasters doges.
iii d�cada. Tits
Other dimm in the UWW Slaw
Med Schad DbUWS
also he" begin regnirhtg teachers to
far toaehers to $19,000,
he" pate tomciimg. cmdontlmN, Stew
�pr�jact411
is
ftmer, she said, the ormg county
begun
ulicy s °may in response n local
both the ' and the
both
hers.
"Some d the pantos just questioned
"Wet told st"* touchers in ft that
wUhi•� 1►� we M9ouW expect then
to o fte moder's doMm In their fluid
or a California Tomfi t Credential:
Slow Leydon saw•
Macy t wbin have received their
ctedsatla4d� thelogrim, but ulna
wb huwaa't aMy have their ealarier ho-
men holoo t Sept. 1, she saw.
Tapers we credentials by mitroad-
ft94aphpldroesved
Cm a
a year of student
why our teachers didn t Mess ervda-
tials: ' Sider Zimmerman said.
"cmigodwodoolt mwwthetsmbonl
but we dwo* that it wadd he gad for
our mwhen to continue their sdocn-
� ,r
Sister Leyden odd the decision to re-
quire credentials was entirely her owe.
"We wanted to amours everyone, in-
cluding ourselves that our teachers
were thrall gadle she saw.
Public ached readers have been to.
qq�uIred to earn California touching cm
dentlals, but such credentials are not
toocift mandatory Icr private school wafters,
pisoW taahe m who are near redre• according to officials of the Orange
moat 0 then vary our to achieving a County Department of Education.
ttera an Me adp9lar•o Boot of Nome Car er
001 rekr or" r thrmr ern ue oft" laapeq.
o o a CATS min you Mom
�
uper rid oAnoe9e, r
MAN AN aWL two one OW EMM err ee,eue,
.. ' A oeraaar 00 new MI Nnr uy produabn
POM: $47 Pr per rter•ee uaWm owrara
so" a to Shum Thu" mWWWp harupanew
arse a "M raa @MM ra pans r oepanuro
oATea m oe/Arlrtlam teR. omen year •mama
7aovn to y ace
AAWO
ihaltat BUR DAra: 9,00 rn w.anew.y Mach 6
:9es a our eevege aarrem (w,ul a nwnmum beWre
d SM W) to 9=om Trwo"y Mach
7, 19e5 Fo, mm cetl
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immummom
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•aces lgm fe e/s gw1aD•r
•AMFrw lHearhq Apeerl. lie aa..ar qe m�e
•arwm len•a miraawOuAnatyDdY
•/1ye parer Reaar
•Indhtma.lraw $4b*ftaSob Caeebmd
awer►ghlralr►Itlr
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• r . . . I u . , I . i I / • y M. 1 ,
THE ORANGE COUNTY REGISTER — 7/23/85
FREEZE FRAME: NEWPORT BEACH
A look at Orange County yesterday and today, appearing each Tuesday.
0
I
1
S r, mow"-- - r
ees'
Phpto courtesy First American Tftb Insunmas Co.
1926: Buildings along -Ocean Front Avenue have changed little since this Sleeper. The building on the far right comer, where 21-st Street intersects,
photo was taken from the archway bandstand above the'comfort stations' was the $40,000 B.K. Stone building, which opened in July 1927 and is
at the head of Newport Beach pier, according to county historian Jim best remembered as 'Moore's Confectionary.'
THE NEWPORT ENSIGN/IRVINE TODAY — February 13, 1985
!New Plan Would Keep
`Flatiron' Landmark
by Eric Norris
The distinctive Newport
Boulevard flatiron building
would stay, but several others
near the Newport Pier would be
tom down to make way for a
new Balboa Peninsula parking
garage, under a' plan
recommended last week by a
consultant.
The consultant, Pat Mann of
the Pasadena -based Arroyo
Group, also said at a Thursday,
Feb. 7, public meeting that plans
for a city -sponsored effort to
help build a 250-room resort
hotel near the Cannery Village
area should be scrapped.
The future of the Cannery
Village and McFadden Square
areas will be discussed again at
a 9 a.m. Thursday, Mar. 21,
public meeting at city hall.
Mann's suggestions, which
will be included in a preliminary
draft of a Specific Area Plan for
the Cannery Village and
McFadden Square areas
i scheduled to be released this
month, marked a scaling down
of past suggestions for the penin-
sula.
By recommending that the
flatiron building be spared, the
plan proposed by Mang last
week also eliminates the chief
source of controversy surroun-
ding the city's efforts to plan the
future revitalization of the areas.
The Arroyo Group was hired by
the city to develop new land -use
goals and zoning and building
regulations for the roughly 12-
block section of the Balboa II
Peninsula between 32nd and I
20th streets. I'
The proposed land -use -goals,
which have been discussed by
the consultant and a panel of 1
citizens in five public meetings d
so far, had sparked controversy I
several months ago,- when a {
suggestion was made to• tear 1
down the flatiron -shaped
building at Newport Boulevard ,
and 30th Street.
Although the demolition of the
building (to make way for a r
realignment of Newport
Boulevard) was only tentatively
suggested, the idea drew fire
from Frances Bury, who owns j
most of the "point" of the d
building.
But concurns over the sugges-
tion — inciuding how the city
could, pay the considerable cost
of purchasing the building and
the land for the new road —
per-suaded the city's consultant to
remove the Newport Boulevard 1
realignment from the
preliminary draft of the Special
Area Plan discussed IaiCwisk.
pAlso eliminated was a sugges-
tion to encourage the construe- f
tion of a 250-room resort hotel
near the intersection of 28th
Street and Newport Boulevard.
It had been suggested earlier
that the city could have purchas.
ed several small parcels of land
there and resold the entire
package to a developer.
But that idea has been
scrapped, according to Arroyo
Group planner Pat Mann. He
said the hotel could still be built
under suggested zoning for the
area, but that the developer
would be forced to buy the
separate pieces of land without
city help.
(Continued on page 3)
ASWA PLAN
�OnMnued from page 1) 19111. 1
The wafedatown plods wosid Other$ w twntrasstcl ideas
d by the Amp
also moos that the city would not ainctu� reaw of
base to tuort to a redwebp and Balboa bonied� in .
merit agency toraises money at sbadnate the �t "W*
'suggesaon od"OwpMent1 a Mancedes went The mutlo Matter" iafrraHos at lw
agency had also draws t Street and a sesta of "lac
from some property owners. do to draw Visions in* tfy
as two are.
Still, word Ideas suggested City senior Planner Chris '
at last week's public meeting are Oustin said the Speafffo Ana
likely to draw an from some Plan, when finally approv lyr
local property owns"• day the plannfuq ewmmWon m1i
suggestions T� indedc a IOW city osuncil, would Minn 16,
ala no gqaraoe to tka
include now soning tetfr
than" do
on Square actor 1pcm
port Pier and a e" east of:Nf Newport Berthas 't
VIWWFT
a 32nd and 30th
um require the demo+,
several bnfldlnas wh1t1
�kpuw w bulsaes.
#on said the city could fo l* ,
,tl ,. ' Mking diet" to puwhcd'
and Mar thelfl
' It# tho 100- to sod-t "
paddag structure. "We are
ing about tearing down strati
tures and bnWilnq round
new, but we're not ialltlt>g aboul'
.redevelopment,,' he sold
Another four•levol parking'
structure hos also boon propo -
ed for the Cannery Village area,
but city officials are already
negotiating with property
owners them.
Seseral shops and restaurants
on the east side of Newport
Boulevard between 301h and
326d strew may also have to be
bra down to make way for the
widening of Now It Boulevard
them, Mann said. The widening
pkm, he pointed out, however,
6ato been on the boob isr some
time, tied to a planed tdsing
of he Nowport
Of
Ospeckft mom„
Giwnnwid the u
IA
lagzbe out
Attoyo Gioup t
t
Febawary'
The am P"
the sueouted A
Is
rtt►i�e it the
the pFisi to
an
.m. I
dry, Merch
u , .; Ox,
ORANGE COAST DAILY PILOT -- January 16, 1985
Editorial Page
V
Redevelopment not what;
Cannery Village requires ^,
To the Editor:
Your report ofNov. 9,1984, on the
repair and street lighting ... not +
redevelopment.
ad hoc committee meeting of the
day did result in better
Property owners on 31st and 32nd
streets were recently required to pave
previous
notification and attendance at the
io
the alley between these two streets. A
following meeting on Dec. 6. I believe
there were about 45 in attendance
great improvement to one of the last
unpaved alleys in town. Now we have
including property ow ners, two mem-
hers ofthe Planning Commission and
a really great alley but look at 31st
Street! I have -owned property on 31 st
tenants both residential and com-
mercial. You may not have assigned a
for over 10 years and there has never
been a repair. It goes under water with h
' gportersincethere was nocomment
every rain and halfofthe high tides. It
only has one street light on the first
following. Another meeting, the
is for this
block and has been patched, botched 1
fourth of five, scheduled
Thursday and I hope you will attend
but never repaired or drained.
— I can't.
The last meeting went overtime
and finally allowed public comment
As a property owner, it appears to
I methatthe committee isbeingguided
— a two hour meeting and a quarter ;
hourofcomment.Whenthe time was
j into declaring a blighted area for the
purpose of redevelopment. Perhaps
up some of the committee members
got up and left while one person was
since Costa Mesa, Santa Ana and
commenting and others still wanted
Anaheim all have redevelopment, we
of Cannery Village are being left out!
to be heard.
DONALD D. BLITTLE
What Cannery Village needs is street
u -'-Balboa
THE NEWPORT ENSIGN/COSTA MESA NEWS/IRVINE TODAY - 1/16/85
Hotel Seen
For Cannery,
Village Area
A proposed "maximum im-
provement .plan for the
Cannery Village and McFadden
Square areas in Newport Beach,
including several parking struc-
tures and a 200-room resort
hotel, was discussed last week by
a citizens' advisory committee.
The citizens' committee was
formed in August to discuss
ideas for a possible redevelop-
ment of the area. A private firm,
the Pasadena -based .Arroyo
Group, has been hired by the
city to develop a suggested plan
which will be presented to the
city. planning commission and
city council later this year.
The committee has held five
meetings so far to discuss and
refine ideas for a potential
redevelopment of the McFadden
Square and Cannery Village
areas. The city hopes to develop
a Specific Area Plan to set goals
for future development there.
Highlights of the plan discuss-
ed last week include:
—Construction of a 200- to
250-room resort' hotel on
bayfront land near the intersec-
tion of 28th Street and Newport
Boulevard. The land is presently
occupied to a large extent by
boat yards andbodt storage lots.
—A massive commercial
redevelopment of the western
sidle'of Cannery Village into a
stropping area similar to Lido
Marina Village. Suggested
ideas for the area include a
widened north -south street
throirgh the area and a
(Continued on page 3)
CANNERY VILLAGE
(Continued from page 1) pedestrian walkway along the I the street.
(1 f Th sad hotel
pedestrian mall beginning near
city hall.
—Realigning Newport
Boulevard to eliminate the ex-
isting split at 30th Street. The
new road would require the
demolition of the distinctive
flatiron -shaped office building
there and the purchase of the
land on which northbound New-
port Boulevard is now built.
—Elimination of the so-called
"mixmaster" intersection of
Newport and Balboa boulevards
near the Newport Pier.
—Upgrading the McFadden
Square area at the foot of the
pier.
Suggested plans include more
landscaping for the area and a
revised parking plan, possibly
including a parking structure in
the existing commercial area
north of the pier.
Some committee members
also suggested building several
parking structures in Cannery
Village to help make the area
more attractive to shoppers.
Other ideas suggested by
Arroyo Group planner Patrick
Mann included two landmark -
type structures to mark the two
areas and as many as five entry
signs at McFadden Square and
Cannery Village. Mann said a
bayfront rummng genera y rom
31st Street to the pier area has
also been proposed.
Most of the discussion at the
committee's Jan. 10 meeting
t centered around the proposed
demolition of the flatiron
building and the construction of
the' resort hotel. Committee
member Betsy Dougherty called
the flatiron building demolition
"the most controversial issue
before us."
Aside from protests by
Frances Bury, who owns the tip
of the office building, Mann said -
the idea may run into financial
j difficulties, since the city would
be required to buy both the of-
fice building and the land now
covered by Newport Boulevard.
He said money raised by a
redevelopment agency would
most likely not be able to pay the
costs of realigning the road.
Balboa Peninsula
I businessman Kurt Herberts also
protested the move, saying, "do
not recommend change for
change's sake. Let's not tear
i down the (traffic) island just for
the hell of it."
Herberts asserted that syn-
chronizing traffic signals on
Newport Boulevard to improve
traffic flow off the peninsula
would work as well as realigning
e propo , which
Mann said would be built on
land primarily owned by com-
mittee member Mike Singer,
was also protested by several
persons.
Former city planning com-
missioner Paul Balalis said the
building would be too big, and
proposed that several smaller
hotels be built there instead. "I
don't believe the area should
have a building of that
character," he said.
I Balalis also suggested
building parking structures in
Cannery Village and banning
on -street parking on Newport
Boulevard at peak hours to help
speed summertime visitors off
i the peninsula.
Peninsula resident Carl
Ackerman told the committee he
also supports the construction of
parking structures in the area.
"If you solve the parking
problems, you ll pull care off the
t street," Ackerman said. "We
have cars driving around un-
necessarily ... looking for park-
ing. Unless we have more park-
ing — substantially more — we
' are going to have the traffic
problem."
Bury (inset) said she found
a newspaper account that the c!
Beach may recommend demolis
ron-shaped office building on 1
port Boulevard. The building may be removed
am part of a refurhishing of the Cannery ;
Village and McFadden Square areas.
-Staff Photos by Erie Norris
evelo
Seen For Cannery Vlllagre
by Eric Norris
The construction of a "walk
ing mall" and several parking
structures and the demolition of
the distinctive flatiron building
on Newport Boulevard were ex-
amined last week by a Newport
Beach citizen's committee.
The 12-member committee is
g possible plans for a
pment of the McFadden
and Cannery Village
! atyae on the Balboa Peninsula.
y The redevelopment scheme
including the mall and parking
was chosen by the
committee last week over,thres
other possible scenarios
suggested by the Arroyo Group,
a private Pasadena -based firm
hired by the city to draw up
plans for the area. The plan
selected by the committee was
the most ambitious of the four
suggested schemes._
The committee is expected to
examine and refine the plan at
three future meetings, City
Associate Planner Chris Gustin
said the 12-member committee is
intended as a "sounding board"
for the private consultant
THE NEWPORT ENSIGN/COSTA MESA NEWS/
IRVINE TODAY — December 12, 1984
Gustin said the Arroyo Group
is expected to turn in a final
.mhnued on page 2)
11
Property Owner?
Surprised By Plan[
Although a Newport Beach
citixen'M committee had examin-
ed for weeks a possible rerouting
of Newport Boulevard, which
would involve the demolition of
the flatiron -shaped office
building she owns, Frances Bury
1 first learned of the plan through
a newspaper account,
"I didn't know a thing about it
until I read it in the paper," Bury
said last week. "I think they just
wanted to get it done with a
minimum of opposition."
p Although city officials have
"insisted they made no effort,to
keep the committee meetings
secret, Bury's experience is not
unique in Newport Beach.
The city presently supports
several times more study com-
mittees than 'several other
pOrange County cities surveyed
M for this article.
An, of Monday night's city
council meeting, Newport
Beach supported 11 temporary
"ad hoc" and eight permanent
cllmmittees, which examine
issues and make policy
recommendations to council.
By comparison, several cities
larger than Newport Beach
(Continued on page 2)
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Page 2 The Newport Ensign/Costa Mesa News/Irvine Today December 12, 1984
WALKING MALL
(Continued from page 1)
draft version of the redevelop-
ment plan to the city planning
commission in ,January. The
plan will eventually face ap-
proval by the city council, he
said.
The plan studied by the com-
mittee at a public meeting
Thursday, Dec. 6, would involve
redeveloping much of the
McFadden Square and Cannery
Village areas, according to
Arroyo Group Project Coor-
dinator Pat Mann.
Major points of the plan, as
presented at last week's
meetings include:
—Widening Villa Why or a
nearby north -south street to
create a "walking mall" similar
to Lido Marina Village.
—Revamping the so-called
"mix -master" intersection of
Balboa and Newport boulevards
to speed traffic through the area
near the Newport Pier.
—A possible resort hotel at the
intersection of Balboa Boulevq
and 26th Street.
—Several possible ,parking
structures to serve the
McFadden Square and Cannery
Village areas.
—A change in the course of
Newport Boulevard, including a
controversial suggestion to
eliminate the existing split at the
30th Street flatiron building. The
land on which the building and
a number of other businesses
are built could be eventually
condemned, according to
Mann. I4e said the city may also
be forced to buy back land in
the area on which Newport
Boulevard is now built.
The proposal to remove the
flatiron building has been
vigorously protested by a
number of businesses which are
now located there.
Newport Beach architect Bet-
sy Dougherty, who is a member
of the citizens committee, said
after the meeting the proposal to
remove the building "is
probably the most controversial
and politically touchy aspect" of
the redevelopment plan,
"I just hope that we can go
ahead with the rest of plan and
not have the whole thing
stopped by this one thing," she
said.
Dougherty said street and
public works improvements will
receive the most attention as the
city examines future plans for
the area,
A suggestion to designate
much of the bayfront land in the
area for boating -related uses
also drew protests from some of
the more than 30 persons who 3
attended last week's meeting.
Committee member Mike
Singer, who owns property in
the area, said, "we are not going
to be coerced ... we are not go-
ing to recapitalize and put a
shipyard in there that loses
millions of dollars a year. We're
just not going to do it."
Some suggestions, however,
including plans to clean up the
McFadden Square area near
the Newport- Pier, drew praise
from residents there who attend-
ed the meeting.
Geri Durston, who lives near
the pier, told the committee, "if it
(the McFadden area) were
cleaned up, the type of people
who come to the beach would
change ... This type of area
breeds (trouble)."
Susan Dow, who said she
owns commercial,property in the
area, also applauded efforts to
determine a firm future plan for
the area. She said uncertainty
over the city s intentions for the
area has made it difficult to at-
tract tenants,
The citizen's committee ex-
amining the proposals for the
area was formed in August by
city council, Its next meeting is
scheduled for Thursday, Jan. 9,
at 9 a.m. in the Newport Beach
Council, Chambers._____m _,
ORANGE COAST DAILY PILOT -- November 9, 1984
Balboa- project
planning hits
rocky shoals
Property owners
say their views
are being ignored
By ROBERT HYNDMAN
Of the OaftY Not Staff
Discussions to help determine how
to fine-tune development of the
Cannery Village/McFadden Square
area of the Balboa Peninsula were
interrupted Thursday when property
owners in the area complained
were being left out of the planni
Frances Bury, who owns
mercial property in the area, sai
effect on tneir properties.
"This is the first we've heard
this," Bury said. "We're upset and,
course, dumbfounded to learn they
discussing the fate of our prope
without talking to us first."
(Please see BALBOA/A
BALBOA PROJECT SNAGGED...
lcromAl 9
But Newport Beach city planners
denied the charge and said affected
owners were indeed being notified
and were represented on the 12-
member ad hoc committee helping.to
shape future development ofthe area.
"We've done everything we can to
notify the business owners, residents
and property owners in the area," said
Chris Gustin, a city senior planner.
Gustin said the meetings of the ad
hoc committee, which includes presi-
dents of local homeowner associa-
tions, are being held to offer a
sounding board for ideas to the
Arroyo Group, the Pasadena -based
consulting firm hired by the city to
study the bayfront Cannery Village
and beachfront McFadden Square
area.
Thursday's meeting in the City
Council chambers was the second ofa
series of meetings with the Arroyo
Group. The next meeting is planned
for Dec. 6.
Plans at this point are very
preliminary. In fact, there are no
definite plans yet," Gustin said.
The city's examination of the area
was prompied by the need to "fine-
tune" development plans for the area
through a "specific area plan," Gustin
said. Such a plan would offer precise
guidelines as to what type of residen-
tial, commercial and industrial mix
will be sought for the area.
"Planning is a dynamic process and
always subject to changes due to
outside forces," Gustin said. "We
have to respond to those forces."
Following the ad hoc committee's
meeting with the consulting firm, the
city Planning Commission will hold
public hearings to consider the
precise course of the area's future
development, Gustin said. Those
hearings are expected to be held by
the end of January with City Council
public hearings to follow.
In addition to the charges by
property owners and residents of not
betngnotified of the committee's
meeting, city planners have beenbusy
rebutting rumors of how the area will
be improved.
Gustin said claims of multi -story
hotels and extensive property con-
demnation in the area have been
heard, but have no basis in the city's
planning.
Much of those rumors, he said,
originated in a June 1983 study by the
Regional Urban Design Assistance
Team, a study Gustin says the city has
since cast aside.
Height limits and zoning desig-
nations will not be changed, he said.
Development densities will not be
increased, and may be reduced.
Cannery Village / McFadden Square
Specific Area Plan
J%
ooi
Exhibit A'
Boundaries
- -y
INS
__I
ORANGE COAST•'DAILY PILOT - February 21, 1986
Editorial Page
�r.� Drn nnrnrn,r
Summer trolley doesn't
make sense forNewport
Not enough people
in Newport need
public transport
Newport Beach is considering plac-
ing three quaint, trolley -like buses on
its coastal streets in time for the
summer season, with the concept of
providing transportation up and
down Pacific Coast Highway and out
onto the Balboa Peninsula.
But noteveryone is certain that the
proposed 36-seat vehicles will do
anything more than add to the
summer traffic. So, let's put the issue
into perspective.
Public transportation in Southern
California is essentially "for the too
young to drive, too old to drive and
too poor to drive," a highly placed
Orange County transit official once
told me. Let's look at Newport Beach
in that context.
1. Too young to drive. In Newport
Beach, kids get their first cars at 15,
the same time they begin taking their
driving instruction and obtain their
learner'spermit. So we have to look at
the newly born to 14year-old age
group.
Another factor of Newport Beach
life is the number of mothers who
don't work. Instead, these mommies
become chauffeurs, taking the kid
hither and you — including to the
beach.
There will be some kids grabbing a
MARTIN
BROWER
ride on the trolley — but not many.
2. Too old to drive. Looking at the
traffic around Oasis, the senior center
in Corona del Mar, too old to drive in
Newport appears to be the over-85
group, and the kids in the 85 to 100
range lust don't grab a trolley to the
beach.
There will be some kids in this age
range on the trolley — but not many.
3. Too poor to drive. White
Newport Beach is doing its best to
provide additional low- and moder-
ate -cost housing, I don't believe we
will see too many of these units built
without provision for parking.
There will be a few poor folks
grabbing a ride on the trolley — but
not many.
Of course, a youngster here, an
oldster there and an indigent here and
there add up — but probably not to
three trolleys.full.
There is, of course, one other
possibility. The route loops through
Newport Center. It is always possible
that a shopper at Amen Warily or an
executive at one of the office towers
will want a lift to the Newport'Harbor
Yacht Club, but this will be inter-
mittent.
It can happen, though. Traffic
management specialists tell us that
van pools, for example, are not used
by blue-collar workers, because they
want to show that they can darn well
afford their own cars. It is the white-
collar crowd that uses the van pools,
to show that they are "with it." So we
may see an occasional Big Canyon
user or two.
Now, if you think that this writer is
against public transit, you are wrong.
I have ridden subways in New York
and Boston, in London and Paris, in
Haifa and Moscow, and they work
well for born transit riders in those
cities. But Southern California is
different. People have discovered the
unbelievable beauty of the auto-
mobile and you can't pry them out.
To help offset the cost to the cif
the vehicles are also being propo
as moving billboards, with ads on the
exterior and the interior. Advertising
support in Newport Beach? Ask the
newspapers about the strength of that
proposal. It is weak.
Of course, my good friend Coun-
cilman Bill Agee feels there is
enthusiasm for the trolley and "it
could be a lot of fun."
But for the City of Newport Beach
to have to guarantee more than
$200,000 per year to the trolley
operator, we would all have to have a
lot of fun. That amount could buy a
Balboa Bar for every man, woman
and child in Newport Beach every
three months all year long.
Martin Browerpu6/lsbes thenpws-
letter "Martin Brower's Orange
County Report.
ORANGE COAST DAILY PILOT — February 4, 1986
Trolleyplans back on trackin Newport,
By SUSAN HOWLETT
Of n» naiq Pilot sun
Although a proposal for a new trolley
system has not yet won approval from the
City Council, Newport Beach officials
hope a shuttle is rolling along beach -area
streets this summer.
City officials are trying to generate
advertising interest in the concept, which
is tentatively scheduled to begin a year-
long test June 1, according to a city
spokesman.
The trolley isn't a new issue in Newport
Beach.
In 1974y the experimental Harbor Hop-
per bus service sputtered to a halt after
losing $27,000 in three months. The
shuttle idea resurfaced again in 1983 when
the council decided to back another study
on the buses. But that effort also died.
The City Council looked at another
trolley proposals in February 1984, to
reduce peninsula traffic, but the concept
lost out to several problems including
funding.
Now the city thinks it's time to give it
another go.
The City Council last week authorized
the city staff to negotiate and bring back a
proposal on the idea, but did not formally
approve the beach -area trolleys. If the
contract is acceptable, council members
said they would approve it sometime in
March.
'Ken Delino, executive assistant to the
city manager, said the city is trying to
generate interest from the restaurants and
businesses along the proposed trolley route
"immediately if not sooner" to secure
advertising revenue.
The 36-seat trolleys will travel Coast
Highway between the Balboa Peninsula
and Fashion Island. Delino said he is
hoping Fashion Island and ' other
merchants will be interested in advertising
with the Newport trolley.
A ride on the wood -trimmed, 1920's-
style trolley would cost 50 cents and the
trolley would make about a dozen stops
betweenFashion Islandand the Peninsula.
The trolley fares are expected to generate
$50,000, but advertising revenues are
expected to bring in a hefty $330,000,
Delino said.
The estimated cost to the taxpayer will
be somewhere from $30,000 to $120,000,
Delino said, "but we are going to try and
shave that down."
So far, the city is negotiating with
American Trolley and Molly Trolley j
two Arizona -based manufacturing fire,
Delino said. Old-fashioned trolleys made
by American can be found running in
Santa Monica. Some Molly Trolleys ace
being used in San Dieeo.
on plans to include the Newport trolley
routes in OCTD bus schedules, he said."
The council made the tentative ap-
proval at a study session last week, but fhe
decision does not mean the clang -clang gf
trolley bells in Newport just yet.
"Generally, they agree with the cdri-
cept," Delino said. He added that counc,�l'
members will only approve the contract if
it fits city guidelines, and ifthe staffobtams
commitments for the purchase of advertis-
ing. ,
cover five -mile route from 10 a.m. to 10 P.M.
FROM t
Delino said he expects signboard advertising fees
and the 50-cent fare to bring in between $90,750 and
$174,125 a year. The city would subsidize the remain-
der of the $207,900 — between $33,775 and $117,150.
Business leaders say they like the trolley idea.
The task now is to determine whether business own-
ers will back their verbal support with advertising
dollars, Delino said.
The wood -trimmed, brass -railed trolleys, which
are powered -by a 230-horsepower Chevrolet V-8 en-
gine, will run year-round from 10 a.m. to 16 p.m.
Delino estimated the trolleys will take 40 minutes to
travel from Corona del Mar to the Balboa Pier dur-
ing normal traffic conditions. A trolley will show up
every 20 to 30 minutes at each of the stops along the
route. The number of stops has not been determined.
Some people would be happier if city -subsidized
trolleys never showed up at all.
"The trolley is a joke," said Richard Nichols,
president of the Corona del Mar Community Associ-
ation. "I don't see it serving any purpose."
Nichols questioned whether people will ride the
trolleys and assailed the proposal to subsidize them.
He said bus transportation already exists along the
Corona del Mar to Balboa route and that other shut-
tle services have attracted few riders.
Orange County Transit District buses regularly
travel from Corona del Mar to Balboa, said Claudia
Keith, an OCTD public information officer. The trip -
takes about 50 minutes, requires one transfer and
costs 7S cents.
The Bank of Newport runs a weekend shuttle ser-
vice from its parking lot in Corona del Mar to the
beach, said Mike'Nichols, a purchasing agent for the
bank. Nichols said the original shuttle was a school
bus that ran year-round. The bank switched to a
Ford van and a summer -only schedule because of a
lack of riders.
Councilwoman Evelyn Hart said she is unsure
whether a trolley system will be successful. She said
earlier efforts, such as the Bank of Newport shuttle,
indicate such a service may not work well in the
city.
But she said she probably will support the trolley
if the business community supports it with advertis-
ing.
Delino said he estimates that the three trolleys
will draw 300 to 450 riders a day.
Lee Mallory, past president of the Central New-
port Beach -Community Association, said he favors
the proposal.
"Anything that would make a beach -goer more
likely to use public transportation -is good," Mallory
said. "The bottom line is that we have to do some-
thing. We have to keep some of the cars off the
Peninsula."
Costa Nlew
b
paps 8
-¢sI
�e°
Fashion m
IslandS'
a� S
32nd St. i
s
Q
s
Lido Isle
i�VO
New '$
�� Blvd. Q 0 Balboa I
Island�ewpo
Or
o
Beachrt
Q
Newport
Bay9�e
NeWr�01't frO�Iey route
Three old-time trolley cars are scheduled to hit Newport
Beach streets this summer. The 36-seaters will follow a
c
U-shaped route, running up and down Coast Highway
Pacific
coas
and the Balboa Peninsula. The fare will be 50 cents.
-- man
'h�
source Theaty of Newport Beach
Charlie Bauman, president of the Balboa Im-
provement Association, said Balboa business own-
ers are enthusiastic about the trolleys and will
consider buying advertising space. The business
owners say they hope the trolleys will attract cus-
tomers to their stores.
But Bauman quickly added that business owners
doubt the three trolleys would eliminate the traffic
and parking congestion that plagues the peninsula
during summer. The city's permanent population of
66,000 can balloon to 200,000 on sunny summer days.
Bauman said business owners worry that the city
will initiate a trolley service and then neglect park-
ing and traffic problems.
Signboards inside the buses cost $1,000 a year.
They are 17-by-17 inches. The larger, exterior sign-
boards cost $4,000 to $11,000 a year.
Agee said he believes the one-year experiment
with a trolley bus system is a worthwhile risk.
"It's nice, exciting and attractive," Agee said.
"We're going in with a controlled risk and I think
we're going to get some support."
Mike Nichols isn't so sure.
"I don't know if a trolley will work in Newport
Beach," he said. "After all, it isn't a BMW."
Don WharnThe Bemister
City officials are negotiating a contract for trolley
service with American Trolley Lines, on Arizona
firm that operates such services in oth r cities.
THE ORANGE COUNTY REGISTER — COMMUNITY ISSUE — 2/11/86
olleys may roll this sumr��
. L.
Community leaders debate
need for more public transit
rho ar
Buses modeled after San Francisco's cable cars
may roll through Newport Beach this summer,
but not everyone thinks the trolleys would be such a
1lla', 1pt 4sMtderlat ploft three, 36:passen-
aa Me etnelzriT�e—in tlme Por
AM eetaata, sdd Xen Dotlno, am-
utive assistant to the city manager. The t
which would be operated by a private compow
subsidised by the city, would run from the
Pier to the OASIS senior center in Corona 4dNw. .
"We've got a lot of enthusiasm for the 110*6
Councilman Bill Agee said. " It could be a lot d!I(1t."
City staffers are negotiating{ a contract **-
American Trolley Lines of Mesa. Ariz., and
talk with a second company. American
Lim mid it will run three, 27-foot•long ttelleys
along the five -mile route for one year — it the city
guarantees it 111207,9M.
The City Council probabWwW saeke a tM6 dee4
sign about the trolleys in Massdl.
THE ORANGE COUNTY REGISTER -- February 1, 1986
Trolley, buses- will roll
in Newport this summer
By Tom Krattenmaker
The Register
NEWPORT BEACH — Bell -
clanging buses fashioned after old-
time trolley cars probably will hit
the crowded streets this coming
summer, after years of failed at-
tempts to get a beach -area shuttle
rolling.
Earlier this week, the City Coun-
cil authorized agreements to be
f signed with a private operator to
try out three trolley buses in the
beach town for one year beginning
June 1.
Ken Delino, executive assistant
to the city manager, said the 36-
seaters will follow a U-shaped
route, running up and down Coast
Highway and the Balboa Peninsu-
la. The tentative route extends
eastward from Newport Boulevard
to Corona del Mar and the Balboa
4er, with a slight detour into the
Fashion Island/Newport Center
complex.
Rides on the 1920s-style buses
Will cost 50 cents, with the wood -
trimmed vehicles showing up
about every 20 minutes at dozens of
stops. Plans call for financing the
route through fares, sales of adver-
tising space and a city subsidy, De -
lino said.
Basically, what we have now is
a -concept, ' Delino said. "We need
to negotiate a firm contract with an
operator and ... get commitments
on advertising."
A final contract still would need
council approval, but several city
leaders described that step as little
more than a formality.
"(The trolleys) could add a lot of
charm and character to the area,"
said Councilman Bill Agee on Fri-
day. "I'm really glad the city has a
willingness now to experiment
with (trolley buses). This is one of
those things -where you don't know
how it will go until you try it."
City leaders stop short of billing
the trolleys as a cure-all for notori-
ous summertime traffic jams.
Rather, they see them as transpor-
tation for locals — especially
schoolchildren and senior citizens
— who cannot drive or would rath-
er not brave traffic in a car.
Yet beachgoers and shoppers
from the rest of Orange County
could benefit, too, Delino and oth-
ers said. City leaders suggest that
visitors avoid traffic and parking
crunches on the Balboa Peninsula
Costa Nlesa
nft
°erry�qd° Fashion co"3s Island �,'
rye `
32nd St.
Yf .f'A w
Lido Isle
f Nev+CP
Ot
Balboa
Island NewpoBeach
rt
r
�R Bay Nyt9`��0 ,
*��7route
Three of Mme trallay cars are wheddled to ba Newport
Beach str6e115. this sumrrW. Tile 3$-seaters will kgbW a OaGi�
U-shaped route, r,uming up and+dmft Coast 4-coww Pax.9flcand tho
sou<ca -rt�e�& The tarawill be 5t1 cards. Oman
by parking in the Newport Center
lots and riding a trolley bus the rest
of the way to the beach.
"It might save an awful lot of
cruising, looking for available
parking," said Bill Hamilton, a lo-
cal restaurateur and president of
the Newport Harbor Area Cham-
ber of Commerce.
The council's informal approval
— coming at a study session last
Monday — authorizes Delino to ne-
gotiate with two Arizona -based
trolley companies interested in
serving the Newport Beach route.
Delino said he also will start sign-
ing up local restaurants and stores
to buy advertising space inside and
outside the buses.
The council has approved a city
Don Mahon/rho nanl,o.
commitment to subsidize the trol-
ley line by as much as $207,000 for
the first year, with the condition
that each advertising dollar raised
be subtracted from the city subsi-
dy, Delino said.
Under such a deal, Delino esti-
mates taxpayers will end up pay-
ing from $35,000 to $lM,000 for the
yearlong experiment.
2
is
•
C
Study. Session
Agenda Item No.
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
January 27, 1986
TO: MAYOR AND CITY COUNCIL
FROM: Executive Assistant
SUBJECT: TROLLEY SERVICE
ACTION: If desired, authorize staff to negotiate and
return to the Council for final action a con-
tract with a private operator to provide
trolley service for the City.
OFF-STREET PARKING COMMITTEE RECOMMENDATIONS: The Off -Street
Parking Committee has investigated trolley service for the
City and at their meeting of January 15, 1986 recommended
that the City Council authorize staff to commence negotia-
tions with a private operator on the following basis:
1. A one-year experimental program with service
to begin June 1, 1986.
2. Three trolleys of the type and design as shown
on the attachments. (Color slides will be
shown at the Council Meeting.)
3. Operating 10:00 a.m. to 10:00 p.m., 365 days
per year. (Headways 20 to 30 minutes.)
4. Routing from Balboa Pier, to Coast Highway,
along Bayside to Jamboree, to Newport Center,
along Coast Highway to Marguerite and the
Oasis Center.
5. Fare to be 50� for all riders.
6. City to guarantee operator a subsidy of approxi-
mately $69,300 per trolley (total $207,900)
which amount would be diminished by all fare
revenue, by all fees collected for interior
advertising, and by commissions received on
any exterior ads sold by the City. Costs
to the City, therefore, can be expected to
range as follows:
•
•
TO - MAYOR AND CITY COUNCIL - Page 2
MAXIMUM
ESTIMATED FARES
ESTIMATED AD FEES
(Interior)
ESTIMATED AD
COMMISSIONS
(Exterior)
ESTIMATED
CITY COSTS
CITY SUBSIDY
High
Low
Estimate
Estimate
$ 207,900
$ 207,900
- 54,750
- 82,125
- 36,000
- 72,000
$117,150
- 20,000
$ 33,775
To more accurately forecast City costs, commitments by
local businesses to buy advertising would be obtained before
the Council approves the final contract.
BACKGROUND: The Off -Street Parking Committee and staff have
pursued the original offer of American Trolley to provide
free service to the point outlined in the above recommenda-
tion. The operations (route, fare, headways) expressed in
the recommendations reflect a consensus of the Committee.
American Trolley has submitted a written proposal for
the service and subsidies outlined in the recommendations.
A competing proposal is being solicited from Molly Trolley.
If authorized by the Council, staff will negotiate with
both firms.
BUSINESS COMMUNITY SUPPORT: Meetings with various business
groups are scheduled for the week of January 20 to 25, 1986
to explain the proposal and determine the degree of interest
and support which will be presented to the Council at their
meeting or as soon beforehand as possible.
If authorized by the Council, staff will obtain firm
commitments for the purchase of advertising prior to bring-
ing a final contract to the Council.
KJD:ets
Attachments
KENNETH J. DELINO
1
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ORANGE COAST DAILY PILOT — March 8, 1986
Planningpanel OKs Cannery Village blueprint
By ROBERT HYNDMAN
of Sw Day Pilot SUM
Plans to revitalize the bayfront
Cannery Village by attracting new
development have been forwarded to
the Newport Beach City Council with
the unanimous approval of the Plan-
¢ nwgg commission.
f (sty planners hope to use changes
in zoning and land -use designations
to offer a more orderly blueprint for
new development in the 40-acre area
on the Balboa Peninsula, which also
includes the adjacent McFadden
Square on the oceanfront.
Planning Commissioner James
"Buzz" Person said the approved
plan will give Cannery Village and
McFadden Square an economic shot -
in -the -arm while allowing current
businesses to remain.
"The plan allows for individual
property owners to privately re-
develop their property rather than
being forced to go through the public
redevelopment projects we've seen in
so many other cities," Person said.
The City Council is scheduled to
consider the plan at its April 14
meeting.
City planners have been working
with citizens' groups for more than a
year to iron out specifics. In addition
to the new development the proposal
is expected to attract, planners say the
changes will lead to less traffic than
would be created ifcurrent plans were
left in place_ Y
The proposal calls for a specialty
retail shopping center at the core of
the Cannery Village. But Person
points out that these plans merely
offerareconfiguration ofcurrentuses
in the area and will not attract new
businesses as some local residents
have feared.
A parking structure would be built
to serve the retail area. Surrounding
the retail core would be other shops,
offices and marine -related light in-
dustrial businesses.
The waterfront areas are targeted
for a continuation of marine -oriented
uses, such as yacht brokers, marinas,
sport and commercial fishing busi-
nesses. Residential areas would re
main unchanged.
The Planning Commission on
Thursday also listed improvements
that should be made as new develop-
ment occurs and as funds become
available over the next decade. The
improvements were listed by priority
with road and parking improvements
topping the list.
One significant change would be
the addition of a third lane and a
widenedbridgespanning Coast High-
way to improve traffic flow leaving
the Balboa Peninsula.
Cannery Village Fate May Be Decided Tonight
cotdinued from page I
residential interests in the strug-
gling Lido Isle area nearby has
been vocal. Primarily, two major
areas of the plan have come under
attack —the potential for increased
traffic congestion and the pos-
sibility of more competing visitor -
oriented retail shops, hotels and
office space.
The long-range plan is made
up of several projects.
• Newport Boulevard Widen-
ing from 20th to 32nd streets.
With the approval of the $2
million widening project of the
northbound side (from two lanes
to three) by the city council last
week, restriping of an extensive
area (26th to 30th streets) is
proposed after completion of the
widening of Newport in 1991.
• Widening of Villa Way. To
provide a 60-foot right-of-way
for one lane of travel in each
direction from 29th Street to 32nd.
Estimated cost of acquiring five
lots and construction of the
roadway—$1.2 million with for-
mation of.a special assessment
district possible to offset the cost.
• Cannery Village Parking Fa-
cility. Would require purchase
of six lots at an estimated cost
of $760,000 which would accom-
odate 165 spaces on three levels,
Cannery Village-, McFadden
Fates Decided Tonight?
by Jack Shiner
The much -debated plans for Cannery
Village and McFadden Square —two
of the oldest communities in the seaside
area of the city —are expected to be
decided tonight (Thursday) by the New-
port Beach Planning Commission.
The third public hearing on3he speck
area plan begins at 7:30 p:m. in the
council chambers. If approved, the plan
would go to the city council next month
for further examination.
The 40-acre area has been targeted
by the city planning staff for a number
of changes which it believes will improve
physical appearance and traffic circu-
lation while increasing parking space
there.
opposition from the business and
continued on page 3
Planning Commission Chair-
man James "Buzz" Person said
he wasn't sure why the action
was taken. Gustin could not be
reached for comment.
the total package priced at $2.08
million.
• Curbs, Gutters and Side-
walks. Provides for installation
of 1,200 feet in Cannery Village,
including portions of Villa Way
and 28th to 31st streets.
• Cannery Village Street Im-
provements. Would include in-
tersection and mid -street pedes-
trian crossings, trees, landscaping
and street lighting.
• Underground Utilities. Im-
proving the visual quality of the
area by undergrounding electrical,
telephone and cable television
power lines.
• McFadden Square Street
Improvements. Upgrading the
square by creating a "significant
pedestrian plaza" in the pier area
and making street improvements
along McFadden Place, 22nd
Street and 23rd. Improvements,
with a special assessment district
possible, would cost $532,000.
Senior planner Chris Gustin,
following the Feb. 20 hearing,
withdrew his recommendation
favoring realigning Newport and
Balboa boulevards, the notorious
"mix -master" intersection near
the pier, which would have rel-
ocated the crossover point two
blocks to the west near 26th Street
and realigning the existing parking
lots in a more traditional manner.
THE NEWPORT ENSIGN/COSTA MESA NEWS/IRVINE TODAY - March 6, 1986
Newport S ect O Cs irIIIAWvramenis for
�
Cannery lage and MCFadden Square
Tlt. A"Wh r
NEWPORT BEACH — The City
Council approved an upgrading of
CIRMery Village and McFadden
Square waterfronts Monday night
after property owners from two ad-
Jacentneighborhoodsclashed over
the plan's merits.
Pending California Coastal Com-
mission apploval, rr,ning changes
and traf{ic and parking improve-
ments are scheduled for the pripu-
lar tourist area around the New-
Port Pier. Tlic cast of the to-vear
Project is more than S13 milhnn
The plan, approved by a tf-I tote.
nuns to preserve historic marine
character while clearing Cop ac
knowledged eyesores.
Several residents of Lido We
cnmplamed -Monday ;right that the
effort would lead to disruptive in.
creases in commercial building
and traffic
"I've seen eyesores, but I feel the
area is evolving nicely," Lido Isle
('Community Association President
Bill Palmer said
"I don't feel it's necessary to go,
into a redevelopment where we're
talking millions and millions of dol-
lars "
But William Blalock, a member
of the newly formed McFadden
Square Commwuty Association,
said property owners in the study
area support the plan full,.
"We have to get on with improv.
mg this area,' he said
The first prulect could %tan at
six naniths to a tear, staff mein
hers said
THE NEWPORT ENSIGN/COSTA MESA NEWS/IRVINE TODAY — 3/13/86
Cannery Village over hurdle;
sent to city council for -approval,
BY JACK SHINAR
Improvement plans for the Cannery
Village and McFadden Square areas
of Newport Beach will be considered
by the city council April 14 after gaining
unanimous approval from the planning
commission last week.
The commission approved the zoning
and land use changes —designed to
improve the 40-acre area's physical
appearance, traffic circulation and park-
ing needs —by a 7-to-0 vote. Commis-
sioners also included plans that were
initially recommended by the planning
staff to realign the "mix -master" in-
tersection at Newport and Balboa boule-
vards.
Chairman James "Buzz" Person said
much of last week's three-hour public
hearing was in regard to the mix -master
debate.
continued on pope 7
Planning Commission okays pl-ans
continued from papa 1
Planning staff initially favored
relocating the cross -over point
between the two much -traveled
avenues two blocks to the west
of its present location, near 26th
Street, in a more traditional "T"
shape.
Following the Feb. 20 com-
mission hearing, though, planning
staff removed the mix -master
changes from its list of recom-
mendations, senior planner Chris
Gustin saying, in a report, that
the change would bring more
"adverse impacts" than improve-
ments in traffic circulation.
Person said that those who
spoke at the hearing were in favor
of realigning, and the commission
agreed. He said the intersection's
realignment was given a "Priority
Two" rating, meaning it should
be implemented within two years
or following the widening of
Newport Boulevard.
"A lot of the public and the
commissioners feel (the mixmas-
ter) is confusing," said Person.
"I think (the action) requires the
city to take a long look at it.
The intersection has been criticized
for so many years; it's time to
make sure we have the alignment
we need."
CANNERY VILLAGE COMMERCIAL AREAS
Non -metered, unmarked, on -street parking spaces:
(assumes one space for each 20-foot increment)
(curb cuts; red, yellow, and green zones excluded)
32nd Street, between Villa Way and LaFayette Ave.:
N side = outside study area
S side = 6 spaces
31st Street, between Newport Blvd. and Villa Way:
N side = 8 spaces
S side = 15 spaces
31st Street, between Villa Way and Lafayette Ave.:
N side = 10 spaces
S side = 15 spaces
30th Street, between Newport Blvd. and Villa Way:
N side = 15 spaces
S side = 14 spaces
30th Street, between Villa Way and Lafayette Ave.:
N side = 10 spaces
S side = 8 spaces
29th Street, between Newport Blvd. and Villa Way:
N side = 10 spaces
S side = 8 spaces
29th Street, between Villa Way and Lafayette Ave.:
N side = 4 spaces
S side = 5 spaces
28th Street, between Newport Blvd. and Villa Way:
N side = 4 spaces
Villa Way, between 32nd Street and 29th Street:
E side = 24 spaces
W side = No Parking
Villa Way, between 29th Street and 28th Street:
E side = 0 spaces
W side = 8 spaces
Villa Way Street end:
N side = 3 spaces
r
Lafayette Avenue, between 28th Street and 29th Street
E side = 12 spaces
W side = 10 spaces
Lafayette Avenue, between 29th Street and 30th Street:
E side = 6 spaces
W side = 6 sp
Lafayette Avenu
E side = 3 sp
W side = 4 sp
Lafayette Avenu
E side = outs
W side = 0 sp
29th Street end
N side = 2 sp
S side = 0 sp
30th Street end
=`all commerc
CHRIS KUHTA
119.23RD STREET
NEWPORT BEACH
C A L I F. 9 2663
(714)675-1070
10471LOWp11401
M.
ALOHA HAWAII SURFBOARDS
Chris Gustin
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, Ca. 92658-8915
October 23, 1985
RE: MCFADDEN SQUARE REVITALIZATION
Mr. Gustin;
In planning the revitalization of the McFadden Square area
have you considered an idea which could with minimal physical -
alteration and virtually no cost, give the McFadden Square a
distinction and identity all its own?
Simple to implement, the idea is that of addressing each
location in the business "square" of McFaddens with an apprpriate
# within the square. A business location address would thereby be
its " # " followed by "McFadden Square."
ie: Aloha Surf & Sport
#30 McFadden Square,
Newport Beach, Ca. 92663
Seems this could be an efficient way to give the businesses
identity in themselves and identity in whole at the same time.
Seems this would aid and support plans to draw the area together,
bring more pride in the concept of the specific area, and
help to create a certain cohesive quality attractive to visitors
and local residents alike. (Ultimately increasing revenue to
the businesses and to the City both)
Yours truly,
Vil w
Chris Kuhta
W Is off
HAWAII
REGISTERED TRADEMARK AND PRODUCT OF KUHTA/U.S. RESOURCE
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
September 20, 1985
TO: Traffic Model File
FROM: Sandra Genis
SUBJECT: Traffic Model Projections
Three primary sets of land use data have been compiled for the latest
set of traffic model areas. These include:
• Existing land use
° Trend growth, based on existing land use policies and
regulations
° "Megatrend", which includes development which might
reasonably be expected in addition to that permitted under
existing policy.
Assumptions used to project future growth are summarized as follows:
Upper West Newport (Zones 217)
Under trend growth, Hughes will remain and expand per existing
approvals. Other areas designated 'General Industry' will
redevelop at an intensity of 0.5 with one-half office and
one-half industrial. Residentially designated areas between
Monrovia and Placentia will develop at twenty units per acre.
The commercial area between Superior and Placentia will be
medical offices at a F.A.R. of 0.7. East of Superior, offices
will develop at a F.A.R. of 0.7; CalTrans West will develop
residential as described in GPA 81-2; the Helger site will
develop as specified in GPA 83-1(C); and the West Newport Oil
site will develop per GPA 81-1. No significant changes are
anticipated under "Megatrend."
Cannery Village/McFadden (Zones 17-19-21)
Under both future scenarios, it is projected that mixed commer-
cial residential development will continue to occur, with one
residential unit on each interior lot plus commercial at .75
times the buildable area, resulting in half retail and half
office. The waterfront is expected to develop primarily in
restaurants. The Doryman's Inn will remain.
Traffic Model File
September 20, 1965
Page 2
Balboa (Zone 25)
Under both future scenarios, it is projected that the Balboa Inn
will remain and all other commercial will redevelop at a F.A.R.
of 1.0 with one-third each in office, restaurant, and general
retail.
Old Corona del Mar (Zones 29-31)
For trend projections, it is assumed that Corona del Mar will
build out at a .75 F.A.R. of which fifty percent will be office,
thirty percent general commercial, and twenty percent restaurant.
Megatrend projects a F.A.R. of 1.25 with the same mix.
Old Newport Boulevard (Zone 40)
Future projections are based on a floor area ratio of 0.7 times
buildable with seventy-five percent office and twenty-five
percent retail.
Mariners Mile/PCH (Zone 43 and 44)
Commercial areas will redevelop at an intensity of 0.8 with
twenty-five percent restaurant, twenty-five percent retail, and
fifty percent office.
Newport Center (Zones 63-69, 94, 95)
Newport Center will build out per the existing General Plan.
Ford Aeronutronic (Zone 74)
The Aero Ford/Belcourt site will build out as specified under the
existing General Plan.
North Ford/San Diego Creek (Zones 75,•76)
The areas will build out as specified under the City' s General
Plan, with the area designated for an unspecified amount of
office/industrial to develop at an intensity of 0.35.
Jamboree/MacArthur (Zone 77)
It is assumed that this area will develop in offices with a .34
F. A. R.
Campus Drive (Zone 79)
Campus Drive will redevelop in office use at a F.A.R. of 0.5
times buildable per the existing General Plan.
Traffic Model File
September 20, 1985
Page 3
Emkay/Newport Place (Zone 78)
For existing trend, it is assumed that Emkay/Newport Place will
develop according to the existing Planned Community text.
An additional 248,267 square feet has been added to Megatrend in
anticipation of the Bank of America Towers.
Koll Center (Zones 81, 82)
Existing trend reflects the existing P-C text.
Megatrend includes an additional 1,000,000 square feet of office
space.
Westcliff (Zones 49, 96)
Westcliff Plaza will remain with no substantial changes.
Mariners Medical and adjacent commercial development is projected
to redevelop at an intensity of 0.5 with seventy-five percent
office and twenty-five percent retail.
Santa Ana Heights (Zones 55 and 56)
Will redevelop per County
and DVM. Areas to convert
acres under LUCP; 4.1 acres
use at a F.A.R. of 0.9.
SLG7
approvals for Bayview, Airport LUCP,
from residential to commercial (41.1
along Bristol) will develop in office
CANNERY VILLAGE/MC FADDEN SQUARE
TRAFFIC MODEL'S S.A.P. SUMMARY
The City currently is utilizing three different computerized traffic
models. They are a) existing land use, based upon the estimated
amount of development currently "on the ground;" b) trend growth,
which is based upon existing land use policies and regulations; and c)
modified trend growth or megatrend, which includes development which
might reasonably be expected in addition to that permitted under
existing policy. ('Megatrend' is a term used by City staff to differ-
entiate previous 'modified trend' runs by BDI; they are now the same
runs, however.)
For the Cannery Village/McFadden Square area (Traffic Analysis Zones
17, 19, 20, and 21 per attached map) trend growth and modified trend
are the same. These model runs assume that mixed commer-
cial/residential development will occur on each interior lot with one
residential unit and a floor area ratio of .75 for the commercial use.
This .75 FAR is equal to approximately 2092 sq.ft. on each lot (30' x
93' x .75 = 2092 sq.ft.).
The current model runs for this area are based on the following:
TAZ Land Use and Code
17 Res. Attached - 2
Restaurant - 10
Offices - 12
Gen' 1. Comm' 1. - 15
Boat Slips
19 Res. Attached - 2
Hotel/Motel - 7
Restaurants - 10
Offices - 12
Gen' 1. Comm' 1. - 15
20 Single Family - 1
Res. Attached - 2
Res. Apts. - 3
Hotel/Motel - 7
Restaurants - 10
Offices - 12
Gen' 1. Comm' 1. - 15
21 Single Family - 1
Res. Attached - 2
Restaurants - 10
Offices - 12
Gen' 1. Comm' 1. - 15
Boat slips
Dry dock
Assumptions:
T.G.R.
8.5/unit
100/sq.ft.
13/1000 sq.ft.
35/1000 sq.ft.
.5/slip
8.5/unit
8/room
100/1000 sq.ft
13/1000 sq.ft.
35/1000 sq.ft.
11/unit
8.5/unit
6.5/unit
8/room
100/1000 sq.ft.
13/1000 sq.ft.
35/1000 sq.ft.
11/unit
8.5/unit
100/1000 sq.ft.
13/1000 sq.ft.
35/1000 sq.ft.
.5/slip
.5 spaces
Amount
180 units
64,280 sq.ft.
158,227 sq.ft.
158,227 sq.ft.
26
162 units
9 rooms
32,000 sq.ft.
63,345 sq.ft.
35,345 sq.ft.
30 units
62 units
22 units
13 rooms
12,000 sq.ft.
35,000 sq.ft.
71,400 sq.ft.
14 units
75 units
70,000 sq.ft.
54,000 sq.ft.
54,000 sq.ft.
45 slips
54 spaces
Hotel/Motel: All totals reflect existing number of rooms; no
projections for future rooms are in model.
Restaurants: It is assumed that the bayfront will develop primarily
with restaurants.
Fast-Food/Take-Out Restaurants: No "destination" facilities such as
McDonalds or Jack -in -the -Box exist in this area. All
fast-food or take-out restaurants are included in
Retail inasmuch as they cater to "walk-ins" and/or
locals/beach visitors.
Second Floor Residences over Commercial: These are included in Resi-
dential attached, Code 2.
General Commercial: Includes all retail uses.
Totals:
Land Use & Code
Single Family - 1
Res. Attached - 2
Res. Apartments - 3
Hotel/Motel - 7
Amount
A.D.T.'s
44 units
484
479 units
4,071
22 units
143
22 rooms
176
- 2 -
r
Restaurants - 10 178,280 sq.ft. 17,828
Offices - 12 310,572 sq.ft. 4,037
Gen'l. Comm'1. - 15 318,972 sq.ft. 11,164
Boat slips - 71 slips 36
Dry docks - 54 spaces 27
37,966
Relationship to maximum development under the Draft Specific Area Plan
Development Projections:
S-R
261,188
@
35/1000 =
9142
R-M-C
399,872
@
15/1000 =
5998
RSC
551,883
@
15/1000 =
8278
DU's
279 units
@
8.5/unit =
2371
25,789
Problems:
1. Restaurants are identified as predominant future use of bayfront
in Traffic Model. This results in a higher level of A.D.T's.
than using the straight R-M-C generation rate of 15/1000 sq.ft.
2. For interior lots the Traffic Model assumes a .75 floor area
ratio for commercial uses where the specific area plan is based
upon a straight 1.0 floor area ratio.
SAP Commercial Districts = S-JZ 261,188 sq.ft.
RMC 399,872 sq.ft.
RSC 551,883 sq.ft.
1,212,943 @ 35/1000 = 42,455
SAP Residential Units =
279 du's @ 8.5/unit = 2,372
44,827
Dwelling Units Summary:
Traffic Model - 545
Existing Zoning - 279
Anticipated 2nd Floor Units 266
CG3
- 3 -
NEWPORT BEACH
LAND USE, TRIP GENERATION PROGRAM
BY LAND USE GROUPING AND CATEGORY CODE #
Trip
Land Use
Land Use
Generation
Category
Category
Land Use
Accounting
Rate
Abbreviation
Code #
Category
'Unit
Residential
11.00
Res.S.F.D.
1
Single Family Detached
DU's
8.50
Res.Atch.
2
Single Family Attached
DU's
Duplex
Triplex
Fourplex
Condominium
6.50
Res.Apt.
3
Fiveplex or more
DU's
Multi -family Apartment
4.40
Prk.Npt.
4
Park Newport
DU's
6.00
Mob.Home
5
Trailer/Mobile Home
DU's
2.70
Nrs.Home
6
Nursing Home ,
Convalescent Home
Patients/
Residents
Commercial
8.00
Htl./Mtl.
7
Hotel/Motel
Per Room
45.00
Med.Off.
8
Medical Office
Sq. Ft.
150.00
Car Dlr.
9
Car Dealer
Acres
100.00
Rest.
10
Restaurant
Sq. Ft.
2000.60
Fst.Rest.
11
Take-out Restaurant
Per Rest. '
(Sq.Ft.)
13.00
Off.
12
Office
Sq. Ft. tr
32.00
Reg.Shop.
13
Small Regional Shopping
Center*
Sq. Ft. of
45.00
Loc.Shop.
14
Community/Neighborhood
Shopping
Sq. Ft. 4
35.00
Gen.Comm.
15
General Commercial -
Unclassified
Sq. Ft.
Service Station
Boat Yard
Rogers Gardens Nursery
Retail
1.50
Cin.
16
Movie Theatre/Repetory
Per Seat
Industrial
40.00
Indus.
18
All Industrial
Acres
Public, Quasi -Public, and Miscellaneous
10.00
Park
19
Park
Acres
6.00
G1f.Crse.
20
Golf Course
Acres
0.00
Bch.
21
Beach
Acres
1.40
Jr./Hi.Sch.
25
Junior High/High School
Per Student
13.00
Gvt.Off.
26
Government Office
Sq.
Ft.
2.00
Util.
27
Cemetary
Acres
Reservoir
Utility
Sub -Station
32.00
Art Mus.
28
Civic Center/Art Museum
Sq.
Ft.
3.20
Presch.
29
Preschool
Per
Student
0.50
Elem.Sch.
30
Elementary School
Per
Student
0.00
Fire Sta.
31
Fire Station
Sq.
Ft.
42.00
Lib.
32
Library
Sq.
Ft.
40.00
Pst.Off.
33
Post Office
Sq.
Ft.
25.00
Crch.
34
Church
Sq.
Ft.
0.50
Yht.Clb.
35
Yacht Club
Slip(Sq.Ft.)
30.00
Tns.Clb.
36
Tennis Club
Per
Court
13.00
Sea Sct.
37
Youth Center/Sea Scout Base
Sq.
Ft.
40.00
Y.M.C.A.
40
Y.M.C.A.
Sq.
Ft.
13.50
Hosp.
41
Hospital
Per
Bed
40.00
Alth.Clb.
42
Health/Athletic Club
Sq.
Ft.
2.00
Priv.Sch.
43
Private School
Per
Student
--.--
Hor.Rnch.
50
Equestrian Center
(Special)
20.00
Comm.Rec.
51
Commercial Recreation
Sq.
Ft.
12.00
Bus.Htl.
52
Large Hotels (Business)
Per
Room
Doc: Land Use Trip Gen. Proq.
Disk: LZ1
L
Within the McFadden Square area (bounded by 24th Street, Balboa Blvd.,
19th Street, and the ocean front) there are approximately 24 estab-
lishments which serve meals, alcoholic beverages, fast food of all
varieties, or can otherwise be classified as restaurants or bars. of
these, only the Rex Restaurant in the Dorymans Inn building, can
actually be considered a "destination restaurant", attracting patrons
from outside the immediate vicinity, or having patrons drive to this
location specifically. Other facilities such as Charlie's Chili, The
Stag, The Beach Ball, Blackies, The Blue Beet, and Mutt Lynch's, cater
primarily to local residents or "walk-ins", people who are already in
the area for other reasons. The majority of the remaining facilities
are not considered to be traffic generators inasmuch as they also are
geared toward the residents, tourists or visitors already in the area.
In addition many of these establishments close for the winter season
(October to March at a minimum).
The Traffic Generation rate for food and/or beverage establishments
that are not "destination points" and cater to the beach visitor or
local residents is the same as other general commercial uses. For the
facilities such as the Rex Restaurant, the traffic generation rate is
100 trips per 1,000 gross square feeth The Rex contains approximately
6,000 gross square feet. It is estimated that an additional 5,000
sq.ft. of restaurant area will be developed in this area.
In the Cannery Village, there are six destination restaurants (Bouzy
Rouge, 5000 sq.ft., St. Tropez, 3,000 sq.ft.; Cafe Lido, 2,000 sq.
ft.; E1 Ranchito, 2,000 sq.ft.; The Cannery, 9,000 sq.ft.; R.C.'s
Restaurant, 1,800 sq.ft.; and Vintages 3,500 sq.ft.) with a total
gross square footage of approximately 26,300 square feet. Other
facilities such as the "Snug Harbor/Stuft T Shirt", Cassadys,
Malarkeys, and Gino's Pizza, are not considered traffic generators.
it is estimated that an additional 15,000 sq.ft. of restaurant area
may be developed in the Cannery Village area, particularly along the
water.
In the transition area from 26th Street to 19th Street, there are four
destination restaurants (woody's Wharf 5,000 sq.ft., Red Onion 5,000
sq.ft., Crab Cooker 2,400 sq.ft., and Spaghetti Factory 7,200 sq.ft.)
currently operating with a total of 19,600 gross square feet of area.
An additional 12,000 sq.ft.- of restaurant may be developed in the
area.
To summarize, there is currently a total of 51,900 sq.ft. of gross
floor area devoted to restaurant uses that are considered traffic
generators. It is anticipated that an additional 5,000 sq.ft. may be
constructed in the McFadden Square area; an additional 12,000 sq.ft.
may be constructed in the transition area between 26th Street and 20th
Street along the Rhine Channel; and an additional 15,000 sq.ft. in
Cannery Village, primarily along the bay front. A total of 83,900
sq.ft. (51,900 existing + 34,250 sq.ft. additional) of restaurant area
is projected.
77
TREND PROJECTIONS
R-M-C District: ±363,672 sq.ft. (land area)
- 33% of land area (±120,012 sq.ft.) is projected to be used for
restaurants at a FAR of .33 or ±39,604 sq.ft. (assumes multiple
lots)
- 67% of land area (243,660 sq.ft.) is projected to be used for
other permitted commercial and recreational uses at a FAR of .60
or ±146,196 sq.ft. This reduced development is based upon the
fact that portions of waterfront lots are underwater restricting
the potential size of surface or underground parking facilities.
R-S-C and S-R Districts: 1,015,039 sq.ft. with i300 lots
- 164,024 sq.ft. (Lucky Market site) is limited to a maximum FAR of
.25 or 41,006 sq.ft. by Planning Commission Amendment No. 583.
- The remaining 851,015 sq.ft. is projected to be developed as
follows:
1) 15% of land area (127,652 sq.ft.) is projected to be used
for restaurants at a FAR of .33 or 42,125 sq.ft. This
assumes multiple lots inasmuch as a single lot does not
provide adequate width.
2) 15% of the land area will develop with commercial and office
uses at a FAR of 1.0 (this will require lot consolidation--2
or more --to provide require parking) for a total of 127,652 -
sq.ft.
3) 35% of the land area (297,855 sq.ft.) will be developed with
mixed commercial/residential uses on single lots (30' wide)
as follows:
a) 66% retail uses at a FAR of .37 for a total of 72,736
sq.ft.
b) 34% office uses at a FAR of .37 for a total of 34,432
sq.ft.
c) 105 second -floor dwelling units
4) 35% of the land area (297,855 sq.ft.) will be developed with
mixed commercial/residential uses.on consolidated lots (two
or more) as follows:
a) 66% retail uses at a FAR of .55 for a total of 108,121
sq.ft.
b) 34% office uses at a FAR of .55 for a total of 55,699
sq.ft.
c) 105 second -floor dwelling units.
Residential Districts:
- 313 Dwelling units.
- 2 -
7 1
TREND PROJECTION TOTALS
Restaurants:
R-M-C 39,604 sq.ft.
R-S-C & SR 42,125 sq.ft.
Total 81,729 sq.ft.
Commercial:
R-M-C 146,196 sq.ft.
Office:
RSC & SR 217,783 sq.ft.
Retail:
RSC & SR 221,863 sq.ft.
Residential:
Second Floor: 210 units
Straight
Residential: 313 units
Total 523 units
Total Commercial: 667,571 sq.ft.
Aggregate FAR: (667,571 sq.ft. a 1,378,711 sq.ft.) .48
- 3 -
' � a
MAXIMUM DEVELOPMENT PROJECTIONS
R-M-C District: ±363,672 sq.ft.
- 33% of land area (±120,012
restaurants at a FAR of .33
lots)
- 67% of land area (243,660
other permitted commercial
or 243,660 sq.ft.
(land area)
sq.ft.) is projected to be used for
or ±39,604 sq.ft. (assumes multiple
sq.ft.) is projected to be used for
and recreational uses at a FAR of 1.0
R-S-C and S-R Districts: 1,015,039 sq.ft. with ±300 lots
- 164,024 sq.ft. (Lucky Market site) is limited to a maximum FAR of
.25 or 41,006 sq.ft. by Planning Commission Amendment No. 583.
- The remaining 851,015 sq.ft. is projected to be developed as
follows:
1) 15% of land area (127,652 sq.ft.) is projected to be used
for restaurants at a FAR of .33 or 42,125 sq.ft. This
assumes multiple lots inasmuch as a single lot does not
provide adequate width.
2) 55% of the land area (468,058 sq.ft. is projected to be
developed with retail uses at a FAR of 1.0 (468,058 sq.ft.).
This assumes multiple lots.
3) 30% of the land area (255,305 sq.ft.) is projected to be
developed with office uses at a FAR of 1.0 (255,305 sq.ft.).
This assumes multiple lots.
Residential Districts:
- 313 du's.
♦ i F
MAXIMUM DEVELOPMENT PROJECTION TOTALS
CG4
Restaurants:
R-M-C 39,604 sq.ft.
R-S-C & SR 42,125 sq.ft.
Total 81,729 sq.ft.
Commercial:
R-M-C 243,660 sq.ft.
Office:
RSC & SR 255,305 sq.ft.
Retail:
RSC & SR 509,064 sq.ft.
Residential:
To
Ag
Second Floor: -0- units
Straight
Residential: 313 units
Total 313 units
r
CANNERY VILLAGE
In the Cannery Village area, it is projected that there will be a
decrease of 169,696 sq.ft. of retail space (362,099 sq.ft.-192,403
sq.ft.), and a decrease of 63,284 sq.ft. of industrial space. An
increase of 21,743 sq.ft. of restaurant space '(48,043 sq.ft.-26,300
sq.ft.); an increase of 60,535 sq.ft. of marine commercial uses; and
an increase of 165,883 sq.ft. of office uses is projected. Residen-
tial units on separate lots are anticipated to increase by 32 units
(104 du's-72 du's), with 158 new second floor residential units
projected.
This shifting of primary uses from retail commercial uses, (362,099
sq.-ft. existing to 192,403 sq.ft. projected) and industrial uses
(63,284 sq.ft. existing to 0 sq.ft. projected) to predominantly marine
commercial uses (0 sq.ft. now to 60,535 sq.ft. projected), office uses
(0 sq.ft. existing to 165,883 sq.ft. projected), and a relatively
small increase in restaurant space (26,300 sq.ft. existing to 48,043
sq.ft. projected) will result in an increase of 486 A.D.T.'s per day.
Transition Area
In the transition area, it is projected that there will be a decrease
in the amount of retail commercial uses of 49,601 sq.ft. (53,248
sq.ft.-3,647 sq.ft.), and a decrease of 21,119 sq.ft. for industrial
uses. It is projected that there will be an increase of 33 separate
residential units (98-65) and six new second floor residences. New
office uses will total 6,802 sq.ft., and new marine commercial uses
are expected to total 85,661 sq.ft. Restaurant uses are expected to
increase by 4,903 sq.ft. (24,503 sq.ft.+19,600 sq.ft.).
This shift from predominantly retail commercial (53,248 sq.ft. exist-
ing to 3,647 sq.ft. projected) and industrial uses (21,119 sq.ft.
existing to 0 sq.ft. projected) to primarily marine commercial (from 0
sq.ft. to 85,661 sq.ft.) and office (from 0 sq.ft. to 6,802
sq.ft.),and an increase of 4,903 sq.ft. of restaurant space (from
19,600 sq.ft. existing to 24,503 sq.ft. projected) results in an
increase of 114 A.D.T.'s per day.
McFadden Square Area
In the McFadden Square area, it is projected that there will be a
decrease of 81,349 sq.ft. of retail commercial uses (107,162
sq.ft.-25,813 sq.ft.). An additional 36 separate dwelling units
(111-75) and 46 new second floor dwelling units are projected. New
office uses are expected to total 48,136 sq.ft. and restaurant uses
are expected to increase by 3,183 sq.ft. (9,183 sq.ft.-6,000 sq.ft.).
This shift from predominantly retail commercial uses (from 107,162
sq.ft. existing to 25,813 sq.ft. projected) to a mix of office uses
(from 0 sq.ft. to 48,136 sq.ft.), and residential units (from 75 to
- 2 -
III separate dwelling units and 46 new second floor units), and a
3,183 sq.ft. increase in restaurant space (from 6,000 sq.ft. existing
to 9,183 sq.ft. projected) results in a decrease of 1,206 A.D.T.'s per
day.
summary
Overall, it is projected that there will be a reduction of 300,646
sq.ft. of retail commercial uses (522,509 sq.ft. existing - 221,863
sq.ft.). At 35 A.D.T.'s per 1,000 sq.ft., this results in a reduction
of 10,523 A.D.T.'s. (522,509 sq.ft. @ 35/1000 = 18,288 A.D.T.'s -
221,863 sq.ft. @ 35/1000 = 7,765 A.D.T.'s = 10,523 A.D.T.'s.). It is
projected that the existing 84,403 sq.ft. of industrial uses will be
deleted, resulting in a reduction of 321 A.D.T.'s (84,403 sq.ft. @ 3.8
A.D.T.'s/1000 sq.ft. = 321 A.D.T.'s). The 111 new separate residen-
tial units and 210 second floor dwelling units will result in an
increase of 2,602 A.D.T.'s (523 d.u.'s @ 8.5 A.D.T.'s/unit - 212
d.u.'s @ 8.5 A.D.T.'s/unit = 2,602 A.D.T.'s). Restaurant area is
anticipated to increase by 29,829 sq.ft. at 100 A.D.T.'s per 1,000
sq.ft. An additional 2,983 A.D.T.'s are expected. Currently, there
are no marine commercial uses in the area other than those in the
industrial category, which are to be replaced by the marine commercial
uses. A total of 146,196 sq.ft. of these uses are projected with a
total of 1,740 A.D.T.'s (146,196 sq.ft. x 11.9 A.D.T.'s/1000 sq.ft.)
anticipated. Office'uses are expected to increase to 220,821 sq.ft.,
with an additional 2,871 A.D.T.'s projected (220,821 sq.ft. @ 13
A.D.T.'s per 1000 sq.ft. = 2,871 A.D.T.'s).
Existing
Projected
Existing
Projected
Net
Use
Area/Units
Area/Units
A.D.T.'s
A.D.T.'s
Change
Retail
522,509
221,863
18,288
7,765
- 10,523
Industrial
84,403
-0-
321
-0-
- 321
Residential
212
523
1,802
4,446
+ 2,644
Restaurant
51,900
81,729
5,190
8,173
+ 2,983
Marine Comm'l.
-0-
146,196
-0-
1,740
+ 1,740
office
-0-
220,821
-0-
2,871
+ 2,871
TOTAL
NET CHANGE:
- 606
SR13
2-7-86
k\ `
The Draft Specific Area Plan has two major components: 1) The Devel-
opment Standards,Design Guidelinessl C11�`Lnd Land-usseeeP a 014apapwhich
establish the desired land use patterns;The ePP subtliic. Improv~eymegn�
Component, which describes the public and private improvements that
are necessary to ensure the revitalization of the area.
Purpose and Intent of the Draft Plan. The Cannery Village area is
intended to serve as an active pedestrian -oriented spenimloWy retail
area with a wide range of visitor -serving, neighborhood commercial,
and marine -related uses permitted. The focus of the area is the
establishment of a Specialty Retail District in the area bounded by
32nd Street, Villa Way, 29th Street and Newport Boulevard. Surround-
ing this retail core area is the Retail and Service Commercial (RSC)
District. This area is intended to provide for retail sales, personal
and professional uses that offer direct services to the public, and
marine -related light industrial uses. All of the uses permitted
within the Specialty Retail and Recreational and Marine
districts are permitted within tbie--&earg:xy'bion. This
will provide a wide range of uses and services accommodating both
residents and visitors, the boating industry, and will also provide
continuity between districts and increase the potential for "shared
sales" from pedestrians. In the "Specialty Retail" and "Retail and
Service Commercial" areas, residential uses are permitted on the
second floor and above where the ground floor is occupied by a permit-
ted use.
I
All of the waterfront areas within the Cannery Village and the
McFadden Square Bayfront areas are designated for "Recreation and
Marine Commercial" uses. It is the intent of this designation to
encourage a continuation of marine -oriented uses, maintain the marine
theme and character of the area, and encourage public physical and
visual access to the bay. The marine -oriented and coastal -dependent
uses on the bayfront are encouraged by maintaining the system of
incentives to property owners to maintain and provide for these uses
as established in the Local Coastal Program, Land Use Plan.
The commercial area of McFadden Square is designated for "Retail and
Service Commercial" uses. This will provide for a broad range of
coastal -related and resident and visitor -serving commercial uses,
encouraging higher quality uses which will serve to upgrade the area.
All existing residential districts are proposed to remain the same.
Design Guidelines. Design and development guidelines are also includ-
ed in the Draft Specific Area'Plan. These design guidelines are not
mandatory. The intent is to provide guidelines to maintain the unique
historical theme and image of both the Cannery Village and McFadden
Square areas, preserving the distinct image of both areas.
OWAC
In the Cannery Village area, the use of nautical and marine elements
in the building design is suggested, preserving the cannery theme and
character throughout the area. The McFadden Square area, however, has
an entirely different theme than the Cannery Village area. It is
suggested that the image of the Doryman's Inn, a turn -of -the -century
resort center, be continued throughout McFadden Square.
_VV Development Standards.. %WE section of the Draft Specific Plan
establishes the zoning -level development standards, such as parking
requirements, setbacks, floor area ratios, and the building height
limits.
Generally, the development standards set forth in the Draft Plan are
the same as those applicable to other commercial and residential
districts in the City. However, there are a few notable exceptions n
it is proposed that all existing parking requirements as set forth in
the Zoning Code for all commercial districts in the City be main-
tained, with the exception of the requirements for hotels and for
public assembly areas. The zoning Code currently requires one parking
space for each two rooms in a hotel, where the Draft Specific Plan
requires one parking space for each room in a hotel, motel, or "bed
and breakfast" facility. For public assembly are s, such as confer-
ence rooms in hotels, the Zoning Code requires one parking space for
every five occupants or seats. The Draft Plan requires one parking
space for every three occupants or seats.
- 3 -
In residential districts, the on -site parking requirement of 1.5
spaces for each unit is retained as set forth in the Zoning Code.
However, for mixed -use developments with a commercial use on the
ground floor and a residential use above, two parking spaces are
required for each dwelling unit.
In the commercial districts, it is proposed that the total gross floor
area permitted on any one lot shall not exceed 1.0 times the site
area, exclusive of areas devoted to parking. There are two exceptions
to this standard. For those developments where a mixed commer-
cial/residential building is proposed, the maximum floor area to site
area ratio permitted is 1.5, with .75 times the site area permitted
for the commercial use and .75 times the site area permitted for the
residential use. This higher level of development is encouraged
inasmuch as residential development generates much less traffic per
square foot than commercial uses, and residential uses in the area
will serve to upgrade and provide on -going maintenance of the vicini-
ty. It is anticipated that the majority of land in the interior areas
of Cannery Village McFadden Square will develop with these mixed uses.
The other exception to the maximum floor area ratio of 1.0 in commer-
cial districts is a result of incorporating the concept of Transferra-
ble Development Rights into the Specific Plan. For example, should a
developer wish to build a project with all or a portion of the
required off-street parking on a separate lot, then the development
rights from the parking lot site can be transferred to the building
site, up to a maximum of 2.0 times the site area, upon the approval of
a Use Permit Deed restrictions or other suitable
mechanisms must also be approved restricting the use of the parking
site for that purpose for as long as the building)( exists, This is
seen as a way to permit structures with off -site parking, which can
result in a more attractive and desirable development, particularly
along the bayfront. It is important to note that this concept will
still result in an overall net Floor Area Ratio of 1.0, throughout the
Specific Plan area.
The height limit in all commercial districts remains 261/351, which
has been in effect since 1972. Buildings of 26' in height are permit-
ted with a maximum height of 35' permitted upon securing a Use Permit
in each case. The criteria for granting a Use Permit to exceed the
basic 26' height limit to a maximum of 351 set forth in the Plan
and are identical to the standards set forth in the Zoning Code.
Public Improvement Component. The Draft Specific Plan --contains a
variety of public and private projects including improvements to the
circulation system and infrastructures, proj_ectss�int�ded to improve
the aesthetics of the area, and to provide public parking facilities.
Section 20.63.060 of the Draft Plan describes each project in detail
and the proposed funding sources.
V �
SR14
- 5 -
^roil Project
I Area
I Estimated 1
General
I Parking I
#
I Description
I
I Cost I
Fund
I Fund I
-I
-----------------------------
I---J----I
------------ I-------------
I --------- 1.
---
3
IParking Structure
ICanr/ery
1 $2,080,000 1
$1,380,000
1$200,000 1
,Inst Curbs, Gutters, Sidewalks
]Cannery
1 $35,000 1
$0
1 1
11
IRestroom Relocation
IMcFadden
I $200,000 1
$200,000
1 . 1
15
IParking Mgmt. Plan
(Both
1 1
I
$0
1 1
I I
----I
------------------ =-------- -I---------I---
(Priority 1 Subtotal...
1
--------- --------------
1 $2,315,000 1
$1,5B0,000
---------
1$200,000 1
1(Immediately)
I
I I
I . I
----]----------------------------I---------I-----------]--------------]---------I
5
IStreetscape
ICannery
1 $663,000 1
$0
1 J
8
(Newport/Balboa Realign
IMcfadden
1 $780,000 1
$520,000
1 1
10
IMcFadden Plaza
]McFadden
1 '$300,000 1
$0
1 1
1
IMcFadden Promenade
IMcFadden
1 $112,000 1
$0
1 .1
V 13
(Streetscape
IMcFadden
1 $120,000 1
$0
1 1
16
1Restripe Newport(26th-30th)
ICannery
1 $10,000 1
$10,000
1 1
19
lRestripe Newport(30th-32nd)
ICannery
1 $105,000 1
$105,000.1
1
20
1Restripe Newport(19th-26th)
IMcFadden
1 $20,000 1
$10,000
1 1
----I
---------------------------- -1---------1----
]Priority 2 Subtotal...
I
------ -I --------------
1-$21110,000 1
$645,000
I --------- I
1 $0 1
((Within 2 Years)
I
I I
1 1
I
----]
7
----------------------------
(Underground Utilities
I ---------
ICannery
I ------------ I --------------
1 $1,000,000 1
$0
--------I
1 1
17-IRepair
curbs,streets,gutters
ICannery
!1 $265,000 1
$265,000
1 1
18
(Reconstruct Sewers ',ICannery
'1 $125,000 1
I 1--------------
$125,000
1 1
1---------1
----
I-----------------------------
(Priority 3 Subtotal...
I---------
I
-----------
i $1,390,000 1
$390,000
1 $0 1
1(2 to 5 Years)
1
I I
]------------ I
I I
I
----I
1
-----------------------------
IWiden Newport(30th-32nd)
]---------
ICannery
------------
1 $2,600,000 1
$880,000
---------I
1 1
2
IWiden Villa Way
ICannery
1' $1,200,000 1
$0
1 1
9
IParking Structure
IMcFadden
1 $3,9009000 1
$1,000,000
1$300,000 1
----]-----------------------------]---------1
IGriority 4 Subtotal...
1
--- ---------I--------------]---------]
1 $7,700,000 1
$1,880,000
1$300,000 1
I(5 to 10 Years)
I
I I
I I
I I
----I
-----------------------------
Total...
I ---------
I ------------ I --------------
$13,515,000
$4,495,000
---------
$500,000
Gas
Tax
$0
$200,000
$10,000
$210,000
$0
$860,000
$860,000
Acssssment.
District
--$5091,000
$35,000
------------
$535, 000
$663,000
$60, on
$300,000
$112, 000
$120,000
$1,255,000
$170007000
$1,000,000
I $1,200,000 .
) $2,600,000
I ----------------
I $3,800,006
$1, 070, 000 $6, 590, 000
N
C. P.
ZONING
-• �.:.
R M C
R M C
R S C
C-1
C-2
C-0
M-1
R N C
_ C
S-R
WATER-
INT.
FRONT
LOTS
--------- ---------- -------
2ND FLOOR RESIDENCES
----
NO
—--- —---
U.P.
--
YES
--------------------------------
U, P.
U.P.
YES
NO
NO
YES
YES
ANIMAL 40SPITAL
NO
NO
NO
U.P.
NO
NO
NO
N0
U.D.
P.
AUTO SALES 3 REPAIR
NO
NO
NO
U.P.
NO
NO
NO
NO
30AT RENTAL/CHARTER
YES
YES
NO
YES
U.P.
NG
10
YcS
YES
i=S
COAT YARDS
YES
YES
NO
U.P.
ND
YES
YES
YES
YES
NO
P077L:AG WRRS
NO
NO
NO
NO
YES
NO
YES
4
NO
:]
CEMETERIES
NO
NG
NO
U.P.
U.P.
NO
U.P.
NO
NO
O
COWL. 3 SPORT FIBRINS
YES
YES
NO
U.P.
YES
U.G.
U.P.
YES
YES
NO
CONM+L. RECREAiION
U.P.
U.P.
YES
U.P.
U.P.
U.P.
U.P.
U.P.
U.. P.
COWRACTORVS YARDS
40
NO
NO
%0
YES
NO
YES
NO
NO
NO
CRcnMERIES
NO
NO
NO
NO
YES
NO
YES
ND
NO
+0
DRIVE-IN ;ACILITIES
U.P.
U.P.
YES
U.P.
U.P.
U.P.
U.P.
.J.P:
U.P.
P.
DRY BOAT STORAGE
YES
YES
NO
YES
NO
NO
YES
YES
YES
NO
DRY CLEANERS
NO
YES
U.P.
U.P.
U.P.
NO
U.P.
\0
.P.
U.P.
FISH PROCESSING
YES
NO
NO
NO
NO
NO
YES
YES
YES
N0
FORTUNE TELLING
U. P. I.
YES
YES
YES
YES
NO
NO
U. �. i.
%S
TS
FUEL YARDS
NO
NO
NO
Na
YES
NO
YES
NO
NO
NO
GAS DOCKS
U. P.
U. P.
NO
U.P.
U. P.
U. P.
U. P.
U. P.
U. 0.
•i0
GASOLINE/SERVICE STATIONS
NO
NO
NO
U.P.
U.P.
U.P.
U.P.
NO
+0
NO
GENIL. RETAIL/SVC. COMM'L.
U.P.I.
YES
YES
YES
YES
YES
NO
U.P.I.
YES
YES
HELIPORTS
NO
NO
NO
U.P.
U.P.
U.P.
U.P.
NO
\0
IQ
+O'ELS/MOTELS
U.P.
U.P.
YES
U.P.
U.P.
YES
NO
C.P.
_.P.
U.P.
LAUNDRIES
NO
YES
U.P.
U.P.:
YES
NO
U.P.
NO
U.P.
=•
LIGHT MANUFACTURING
U.P,I.
YES
NO
U.P.:
U.P.
U.P.
YES
U.P.I.
U.P.
„7
LUY,BER YARDS
NO
NO
NO
NO
YES
NO
YES
:''O
CO
NO
IX. ING SHOPS
NO-
NO
NO
N'0
YES
NO
YES
NO
No
VO
MP.RINAS
YES
YES
NO
U.P.
YES
U.^.
YES
YES
YES
\O
kARINE CONSTRUCTION
YES
YES
NO
U.P.
U.P.
%0
YES
YES
YES
:0
MARINE RELATED OFFICES -PUBLIC
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
MARINE SERVICE BJSINESSES
YES
YES
NO
U.P.
U.P.
U.P.
YES
YES
YES
YES
MEDICAL/DENTAL OFFICES
U.P.I.
YES
YES
U.P.
YES
U.P.
U.P.
U.P.I.
YES
YES
x•FG. OF ?'.ARINE USES
U.P.
U.P.
NIB
YES -
U.P.
U.P.
YES
J.P.
J.P.
NO
MORTUARIES
NO
NO
NO
U.P.
U.P.
NO
NO
NO
NO
'•O
MULTI -FAMILY USES
NO
NO
NO
U.P.
U.P.
YES
NO
\O
10
':0
NEW BOAT CONSTRUCTION
U.P.
U.P.
NO
YES
U.P.
U.P.
YES
L..c'.
J.o.
".O
N01-PUBLIC OFF:CES
U.P.I.
2ND FLR
24D FLR
YES
YES
YES
U.P.
J-P..
2.0 FLR
EQ FLR
NON-PUBLIC PROF/BLS OFFICES
U.P.I.
YES
YES
YES
YES
YES
U.P.
U.P.I.
2ND FLR
2A0 FLR
NURSERIES
NO
ND
NO
YES
Y0
NO
NO
N0
NO
NO
OUTDOOR SALES
U. P.
U. P.
U. P.
U. P.
N0
NO
NO
L. P.
U. P.
U. =.
=ERSONAL/PRCFESS10NAL SVCS.
U.R.I.
YES
YES
YES
YES
YES
':0
YES
VES
L'E- SnOPS
N0
Na
NO
U.P
NO
NO
NO
Nu
U.P.
L.-j.
�RINTINu/LI.HOGRAPHY
NO
NO
NO
NO
NO
AO
U.P.
NO
•-3
RESEARCH LAGS
NO
N0
ND
NO
YES
NO
YES
NO
N0
'7
RESTAURANTS
U.P.
U. P.
U.P.
U. P.
U. P.
U. P.
V. ?,
U.P.
., P.
-, ,
RE -Ai- `ARINE SALES
YES
YES
YES
YES
YES
YES
NO
YES
YES
vcEq
,uGI: SP-cC:ALTY Sri.On
U.P.I.
YES
YES
YES
YES
YES
NO
U.F.I.
YES
,cS
PCOF-TOP PARRI NG
U. P.
U. P.
U. P.
U. P.
U. P.
U.P.
U.P.
U.P.
U.P.
P.
SOC:AL CL,.rc!S
U.P.
U.P.
YES
YES
YES
YES
','0
J.P.
P.
'A
STCRASE 4REHCUSES
;"0
Kp
NO
NO
YES
NO
YES
`•0
+7
S'03A•GE YARDS
40
ti0
ND
\0
YES
'IO
YES
\O
0
]
No
I:O
NO
U. P.
U. P.
J.P.
NO
\0
7
O
'BAILcR CCLRTS
NO
\0
N0
U.P.
U. P.
Na
CO
]
+O
7
..rO'-ESALE BAKER:ES
NO
NO
NO
U.P.
YES
11+0
YES
\7
N7
NO
YACHT C,.13S
U. P.
U. P.
Y-cS
YES
YES
YES
NO
U. �.
!.l. P.
',O
U.P.= USE PERMIT REQUIRED TABLE 1
J.P,:.= JSE HERMIT AND 40% INCENTIVE USE REQUIRED
, , I
Traffic Impacts
Currently, there is a total of 682,189 sq.ft. of commercial develop-
ment and 212 dwelling units within the Cannery Village and McFadden
Square area, generating approximately 25,600 vehicle trips (ADT) per
day. ti:g-nx.i.ei.iny w
-c� — � Under the existing provisions of the zoning
Code, development in the C-1 and C-2 districts is permitted at two
times the buildable area of the site, in the C-0 and M-1 districts
development is permitted at three times the buildable area of a site.
G%r��i t70�
The existing zoning would permit"a total of 222
2sq.ft. of
commercial development and 313 dwelling units. This would result in
approximately 84,373 ADT's, an increase of 58,772 ADT's over existing
volumes.
Inasmuch as no changes are proposed to the Residential District
Standards, the total number of potential dwelling units will remain
constant at 313 units.
One of the most� significant elements of the Draft Specific Area Plan
is the red^ ' uction in permitted intensity from two and three times the
buildable area of a site to a Floor Area Ratio of 1.0. It is impor-
tant to note that the two exceptions to this standard, the Transfer of
Development Rights
and the FAR of 1.5 for mixed commercial/residential
developments contribute to an overall reduction in intensity and
traffic.
4 \ i 1
Two scenarios for the future development of the Specific Plan area
have been analyzed. The first is called "Maximum Development" under
the Draft Plan. This is based upon the maximum development permitted,
although development at this level is considered unlikely due to a
variety of physical constraints, such as on -site parking standards,
the height limit, and existing patterns of development. For example,
on a 30' wide lot, which is standard in Cannery Village, a maximum of
I�iZYYI-J•prJRi G�-
six parking spaces three tandem spaces.1can be provided
�?6F5CA PSQA9 A-
1500 sq.ft. of evelopment. This it Floor Area Ratio of .53. On a
a &0JX9B I
double -wide lot, a maximum of 14 spaces can be provided, using compact
and tandem spaces. This results in a maximum of 3500 sq. ft.Ior 6 0"•^_"
Floor Area Ratio of .62. In order to attain the maximum level of
development, it will be necessary to consolidate at least three or
four lots into a single building site. While there is some potential
for this it is unlikely '�
The second scenario is referred to as "Trend Growth," which is based
upon a careful analysis of the actual development that is most likely
to occur. Taken into consideration are o g
a , the physical constraints to develop-
ment, such as lot size, parking requirements, height limits, and the
existing patterns of development in the area. By encouraging the
mixed use concept, a property owner can develop a 30' wide site with
1000 sq.ft. of commercial use with four parking spaces, and a residen-
tial unit with approximately 2000 sq.ft. of floor area. The 1000
sq.ft. of commercial area results in a commercial FAR of .36.
- 2 -
on a double -wide lot with '14 spaces, two residential units are possi-
ble, requiring four parking spaces, leaving 10 spaces for commercial
use or 2500 sq.ft. This would permit a commercial FAR of .44, still
under the maximum development permitted.
Under the "Maximum Development" scenario, a total of 1,089,758 sq.ft.
of commercial uses is permitted, with 313 dwelling units in the
residential districts. This represents an increase of 407,569 sq.ft.
of commercial uses and 111 dwelling units over the existing develop-
ment in the area. Traffic volumes at this level of development are
anticipated to be approximately 34,869 ADT's, an increase of 9,268
trips over existing volumes.
Under the "Trend Growth" scenario, a total of 670,610 sq.ft. of
commercial development with 210 second floor dwelling units over
commercial uses is anticipated, in addition to the 313 dwelling units
in the residential districts. The reduction in commercial square
footage is offset by the addition of second floor dwelling units over
commercial uses. Because of the narrow lot width of 30 feet, provid-
ing parking for the commercial portions of new development will serve
as a constraint. By encouraging the mixed commercial/residential
buildings, ultimate commercial development will be reduced as will
traffic -related problems. This level of development is expected to
result in 24,994 ADT's, a reduction of approximately 607 vehicle trips
per day from existing daily volumes. Again, this reduction in traffic
volumes is attributable to the increase in second floor residences
- 3 -
1 4 .
over commercial uses and the reduction in the allowable intensity of
development.
SR13