HomeMy WebLinkAbout02/09/1987 - Regular MeetingCOUNCIL MEMBER`S,
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: February 9, 1987
v
MINUTES
INQEX
1
mt /Swr Ln
rch St
0)
87 -21
87 -4
645
Mayor Cox welcomed the visiting members from
the Okazaki Citizen Mission.
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Council Member Strauss thanked all those
who expressed concern during his recent
illness.
Motion
x
B. The reading of the Minutes of the
Ayes
x
x
x
x
x
x
Meeting of January 26, 1987, was waived,
- ..Abstain
x
approved as written, and ordered filed.
Motion
x
C. The reading in full of all ordinances
All Ayes
and resolutions under consideration was
waived, and the City Clerk was directed
'
to read by titles only.
D. HEARINGS:
1. Mayor Cox opened the public hearing
regarding VACATION AND ABANDONMENT OF A
PORTION OF THE SEWER EASEMENTS WITHIN
"MACARTHUR" COURT, RESUBDIVISION NO. 786
(parcels 1 and 2 of Parcel Map 120/44 -45
[Resubdivision No. 5791, located at 4655
Birch Street, on the northeasterly
corner of Birch Street and MacArthur
Boulevard, in the Koll Center Newport
Planned Community.
Report from the Public Works Department,
.
was presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
All Ayes
87 -21 vacating and abandoning an
easement and sewer line northeasterly of
Birch Street between MacArthur and Von
Karman; and direct the City Clerk to
have the subject resolution recorded by
the Orange County Recorder.
2. Mayor Cox opened the public hearing
regarding PLANNING COMMISSION AMENDMENT
NO. 645, PROPOSED ORDINANCE NO. 87 -4 - a
request of ALAMO RENT A CAR, INC., Fort
Lauderdale, Florida, to amend a portion
of Districting Map No. 61 so as to
reclassify property located at 3500
Irvine Avenue from the A -P -H District to
the C -1 -H District; and the acceptance
of an Environmental Document.
Volume 41 - Page 57
mt /Swr Ln
rch St
0)
87 -21
87 -4
645
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
Motion x
Ayes x x x x x x
Abstain x
•
Motion x
Ayes x x x x x x
Abstain x
•
MINUTES
February 9, 1987
Report from the Planning Department, was
presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt ORDINANCE NO.
87 -4, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING A PORTION OF
DISTRICTING MAP NO. 61 TO
RECLASSIFY SUBJECT PROPERTY FROM
THE A -P -H DISTRICT TO THE C -1 -H
DISTRICT; and accept the
Environmental Document.
3. Mayor Cox opened the public hearing
regarding:
GENERAL PLAN AMENDMENT NO. 86 -3(B), an GPA 86 -3(B)
amendment to the Land Use Element of the (45)
Newport Beach General Plan to permit an
additional 2,740± sq. ft. of office
floor area in the BLOCK 700/800 PLANNED
COMMUNITY OF NEWPORT CENTER, and the
acceptance of an Environmental Document;
and PLANNING COMMISSION AMENDMENT NO.
643, an amendment to the BLOCK 800
PLANNED COMMUNITY DEVELOPMENT STANDARDS
to permit an additional 2,740± sq. ft.
of floor area in the PACIFIC MUTUAL
PLAZA TOWER II for a laundry -dry cleaner
pick -up area, auto detailer (for on -site
tenants only), and additional mezzanine
space.
Report from the Planning Department, was
presented.
Paul Ruffing, Architect, addressed the
Council and stated that he was in
agreement with the recommendation of the
staff and was available for questions.
Hearing no one else wishing to address
the Council, the public hearing was
closed.
Motion was made to adopt Resolution No. Res 87 -22
87 -22, adopting General Plan Amendment
No. 86 -3(B) as it pertains to the
Pacific Mutual Site (Block 700/800
Newport Center), and the acceptance of
an Environmental Document; and adopt
Resolution No. 87 -23, adopting Planning Res 87 -23
Commission Amendment No. 643 to permit
additional office floor area in Pacific
Mutual Financial Plaza.
Volume 41 - Page 58
COUNCIL MEMBERS
•
Motion
Ayes
Abstain
is
•
CITY OF NEWPORT BEACH
x I x Ix Ix I xl XI X
MINUTES
February 9, 1987
4. Mayor Cox opened the public hearing
regarding PLANNING COMMISSION AMENDMENT
NO. 644 - a request of the J. M. PETERS
COMPANY, Newport Beach, to amend the
PLANNED COMMUNITY DEVELOPMENT STANDARDS
of the BAYVIEW PLANNED COMMUNITY to
establish provisions which allows the
construction of improvements such as
trellis and beam construction, patio
covers, and pools and spas within
reciprocal side yard easement areas.
Property located at #1 Cormorant Court,
between Crystal Drive and Bayview Way in the
Bayview Planned Community.
Report from the Planning Department, was
presented.
Bob Trapp, representing J. M. Peters
Company, addressed the Council and
stated he was available for questions.
Hearing no one else wishing to address
the Council, the public hearing was
closed.
Motion was made to adopt Resolution No.
87 -24 amending the Bayview Planned
Community Development Standards to
establish provisions to allow
construction of improvements within
reciprocal side yard easements in Area 2
of the Planned Community.
5. Mayor Cox opened the public hearing
regarding LOCAL GOVERNMENT COASTAL
MANAGEMENT IMPROVEMENT PROGRAM FOR
IMPACT MITIGATION EQUIPMENT AND OIL
SPILL PREPAREDNESS.
Report from Executive Assistant to the
City Manager, was presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Mayor Pro Tem Hart read into the record
the following prepared statement:
"We have all been hearing about
a proposal from the Secretary of
Interior, Donald Hodel, since a
week ago today. The new off -shore
oil proposal offers no protection
for either Newport Beach or Orange
County. Apparently, this is his
final offer. The plan is to force
us to accept a 5 -year plan to lease
the off -shore oil tracts for
exploration and drilling. Council
Member Ruthelyn Plummer and myself
Volume 41 - Page 59
(94)
644
87 -24
Oil/
Pre-
•
Motion
COUNCIL MEMBERS
x
CITY OF NEWPORT BEACH
MINUTES
February 9, 1987
have been, and will continue to
Offshr Oil/
meet with members
of Congress and
Spill Pre -
local officials.
We will work
paredness
closely also with
our City
Attorney's office
to bring back
suggested wording
to our City
Council at our next meeting on this
off -shore issue.
"Tonight we have an opportunity to
vote on a management improvement
program for impact mitigation
equipment and oil spill
preparedness, which is for existing
conditions and I support the grant
applications. I have also received
telephone calls in support of this
important program."
Motion was made to direct staff to
submit final grant applications, and to
advise Supervisor Tom Riley of these
grants and our position to offer mutual
aid for our down coast area in the event
of an oil spill.
Council Member Plummer stated she was in
support of the motion, but had some
questions relative to:
1) The approximate cost to
City in handling the oil
which occurred in August
on 44th Street, in order
compare what a large oil
would cost.
:he
spill
1985
to
spill
2) Will there be some type of
contingency plan to close off
the entrance to Newport Harbor
should there be an oil spill?
Also, what kind of plan do we
have to notify affected boat
owners?
3) Who will be the protecting
agency for the Santa Ana River
Flood control areas?
4) Will the City's beach cleaning
equipment be adequately
equipped to handle an oil
spill?
The City Manager, in response to some of
Council Member Plummer's inquiries,
advised that, not counting the potential
liability of adjacent improvements as a
result of the oil spill on 44th Street,
the City spent approximately $450,000
for the capping and cleaning up of the
Volume 41 - Page 60
COUNCIL MEMBERS
I 'A �
C* �9G �'\
•
Ayes
Abstain
Motion
All Ayes
•
CITY OF NEWPORT BEACH
X I x Ix Ix ix IX IX
x
MINUTES
February 9, 1987
area after the fire. In addition, the
City is now litigating some of the
alleged liability exposure and he would
not have a dollar figure on the claims
for approximately six to eight months.
The City Manager further stated that the
proposed plan will be coordinated with
the Orange County Harbor District for
sealing off the harbor and attempting to
prevent any outer continental shelf oil
spillage in the harbor. Part of their
proposal is to store, in appropriate
places, necessary materials in the event
of such a spill. They will also
coordinate with the County protection of
the flood control areas, as well as
protection of City beaches.
Hearing no other comments, the motion on
the floor was voted on and carried.
E. PUBLIC COMMENTS:
1. Gary E. Weaver (no address given) Npt Beach/
addressed the Council and stated that he Ocean Wtrs
enjoys surfing and hopes the waters
around Newport Beach remain as
unpolluted as possible.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 87 -25 to allow the CdM Wtr Mn
Corona del Mar Water Main Rplem
Replacement (C -2631) project to he Res 87 -25
bid informally because of urgent -2631
necessity; approve a budget (38)
amendment to fund said project; and
approve the plans and
specifications. (Report from
Public Works Department)
(b) Resolution No. 87 -26 authorizing
inane/
the Mayor and City Clerk to execute
uditing
Auditing Services Agreement,
ervices
awarding the bid to King, Henslee &
gmt
1(38)
Jackson, Inc., CPA's, for the
es 87 -26
City's Fiscal Years 1986 -87,
-2636
1987 -88, and 1988 -89. (Memorandum
from Finance Director)
Volume 4I - Page 61
COUNCIL MEMI
� \0\ Gs,
•
•
•
CITY OF NEWPORT BEACH
9, 1987
3. CONTRACTS/AGREEMENTS:
(a) Approve a budget amendment
appropriating $75,000 from
Circulation and Transportation
Funds; award Contract No. 2524 to
Gillespie Construction Co. for the
total price of $244,792; and
authorize the Mayor and City Clerk
to execute subject contract for
Hospital Road, Dover Drive and
Balboa Yacht Basin Marina Storage
Units. (Report from Public Works
Department)
(b) Removed from the Consent Calendar.
4. COMMUNICATIONS - For referral as
indicated:
(a) Removed from the Consent Calendar.
MINUTES
Hospital Rd/
Dover Dr/
Balboa Ycht
Ban Marina
Storage
C -2524
(38)
(b) To City Clerk for inclusion in the Misc. Rqst/
records, letters from Angela Pblc Trnsptn
Coffey, and District Director Tom (52)
Crandall, California Coastal
Commission, in support of concept
for public transit in the City.
(c) Removed from the Consent Calendar.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Aetna Insurance Co. for Donna
Mahan, alleging claimant's vehicle
was crossing intersection on green
light and Police vehicle ran red
signal and hit her vehicle at the
corner of Bristol and Jamboree on
November 17, 1986.
(b) Karen Botelho alleging her vehicle
was towed in error from 42nd Street
on December 8, 1986; seeking
reimbursement for towing
violation /towing fee.
(c) Gilbert and Patricia Fraide
alleging two vehicles were towed
away in error from 5511 Seashore
Drive, on December 30, 1986, while
the claimants were on vacation;
seeking reimbursement of towing
and storage fee, and loss of work
time.
Volume 41 - Page 62
(36)
Ins/
COUNCIL MEMBERS
•
•
•
CITY OF NEWPORT BEACH
MINUTES
February 9, 1987
(c) Richard Gaydos, Jr., and Daniel Ray Gaydos/
Wyatt seeking indemnity from claim Wyatt
filed by Mary D. Camilleri,
involved in traffic accident at
Superior Avenue n/o Coast Highway
on July 6, 1985.
(d) Robert John Guitar alleging arrest Guiter
without proper cause, emotional
distress, etc., by Newport Beach
Police Department at 7920 Paisano
Way, Riverside, CA on October 15,
1986.
(e) Dean and Sally Phillips alleging
real property damaged by City of
Newport Beach, (i.e., picket fence,
cement slabs, property encroached
upon, etc.) at 204 44th Street from
January 15 - 20, 1987.
(f) Southern California Gas Company SoCAGas
alleging City employee hoe operator
digging to find sewer laterals cut
gas service in half with backhoe at
330 St. Andrews Road on December 4,
1986.
7. SUMMONS AND COMPLAINTS - For denial and �(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Laura C. Gardner vs. Richard Van De
Plasch, City of Newport Beach,
etc., Complaint for Personal
Injuries and Negligent Entrustment
involving accident at intersection
of Prospect Avenue and Pacific
Coast Highway.
8. REQUEST TO FILL PERSONNEL VACANCIES: (66)
(Report from the City Manager)
(a) Approve one Building Inspector I,
Building Department.
(b) Approve one Police Officer, Patrol
Division.
(c) Approve one Library Clerk II,
Library Department.
(d) Approve five Firefighters,
Suppression Division.
Volume 41 - Page 63
De
Va.
CITY OF NEWPORT BEACH
COUNCL MEMBERS
February 9, 1987
MINUTES
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from the City Attorney
O/C-John
regarding request of Orange County
Wayne Arprt
Aviation Council for
(54)
nonenforcement of condition
regarding opposition to John Wayne
Airport Expansion.
(b) Memorandum from Police Chief
PD
recommending three used police
(70)
motorcycles be donated to
Goldenwest College for use in their
police motorcycle training academy.
(c) Removed from the Consent Calendar.
(d) Water Committee Minutes of January
Utilities
30, 1987, together with report and
(89)
recommendation from Public Works
and Utilities Departments.
(e) Reports from the Police Department
PD/Audit
concerning Department Audit - Case
(70)
Management System 23A and 23B; and
Community Relations.
10. PUBLIC HEARING SCHEDULING - February 23,
1987:
(a) APPEAL APPLICATION - Alex Lovers and
U/P.3248
Jim Parker regarding USE PERMIT NO.
(88)
3248 on property located at 2632
West Coast Highway, Newport Beach,
from Planning Commission denial on
January 8, 1987.
(b) PLANNING COMMISSION AMENDMENT NO.
PCA 638
638 - A request of MCLACHLAN
(94)
INVESTMENT COMPANY, Newport Beach,
to amend the NEWPORT PLACE PLANNED
COMMUNITY DEVELOPMENT STANDARDS so
as to allow 278,489 sq. ft. of
additional bank and office floor
area in. an eleven story building
within Professional and Business
Office Site No. 5; and to establish
a restaurant, an athletic club, and
ancillary commercial uses on the
subject property which is located
at 4141 MacArthur Boulevard, on the
northwesterly corner of MacArthur
Boulevard and Newport Place; zoned
P-C;
AND
Volume 41 - Page 64
COUNCIL MEMBERS
A 11\\
•
0
•
CITY OF NEWPORT BEACH
MINUTES
February 9, 1987
TRAFFIC STUDY - A request of
MCLACHLAN INVESTMENT COMPANY,
Newport Beach, to approve a traffic
study in conjunction with the
construction of a 278,489 sq. ft.
office -- commercial building in
Newport Place. (Report from the
Planning Department)
11. RESUBDIVISION NO. 736 - Accept the
public improvements constructed in
conjunction with Resubdivision No. 736
[Lot 4 and portions of Lots 5 and 6,
Tract No. 443 located at 504 North
Newport Boulevard, on the northeasterly
corner of North Newport Boulevard and
Orange Avenue in the Old Newport
Specific Plan Area]; authorize the City
Clerk to release the Faithful
Performance Bond ( #B464104); and release
the Labor and Materials Bond ( #B464104)
in six months in accordance with
applicable sections of the Civil Code.
(Report from Public Works Department)
12. RESUBDIVISION NO. 831 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 831 [a
portion of Lots 1 and 3, Block 640,
Corona del Mar, located at 601 Narcissus
Avenue, on the northwesterly corner of
Narcissus Avenue and Third Avenue in
Corona del Mar]; accept offer of
dedication of a 10 ft. radius corner
cutoff of the intersection of Narcissus
and Third Avenue; and authorize the
Mayor and City Clerk to execute subject
agreement. (Report from Public Works
Department)
13. WATER, SEWER AND ALLEY REPLACEMENT
(C -2504) - Accept the work; and
authorize the City Clerk to file a
Notice of Completion and release the
bonds 35 days after Notice of Completion
has been recorded, and with applicable
sections of the Civil Code. (Report
from Public Works Department)
14. SPECIAL EVENTS APPLICATION NO. 86 -290 -
Approve temporary street closure for "In
the Water Boat Show" at Via Oporto in the
Lido Marina Village on March 31 to April
13, 1987, subject to conditions listed
in the staff report. (Report from
Business License Supervisor)
Volume 41 - Page 65
Resub 736
(84)
Resub 831
(84)
(38)
(65)
COUNCIL MEMBERS
�G��
.., ��
C
•
CITY OF NEWPORT BEACH
MINUTES
February 9, 1987
15. BUILDING CODE BOARD OF APPEALS - Accept Bldg Code
with regret, resignation from C.A. Bd Apels
Higbie; direct City Clerk to post (24)
vacancy notice and prepare Certificate
of Appreciation.
16. BUDGET AMENDMENTS - For approval: I(25)
(a) Mid -Year Budget Adjustments for the
following:
BA -061 - $1,153,257.29 Net Increase in
Unappropriated Surplus; General Fund.
BA -062 - $52,649.58 Net Increase in
Unappropriated Surplus; Park and
Recreation Fund.
BA -063 - $34,392.48 Net Increase in
Unappropriated Surplus; Library Fund.
BA -064 - $400,000 Decrease in
Unappropriated Surplus; Community'
Development Block Grant Funds.
BA -065 - $42,575 Increase in
Unappropriated Surplus; Federal Revenue
Sharing Fund.
BA -066 - $27,048.52 Increase in
Unappropriated Surplus; State Gas Tax
(Sec. 2107) Fund.
BA -067 - $30,750 Increase in
Unappropriated Surplus; State Gas Tax
(Sec. 2106) Fund.
BA -068 - $354,000 Decrease in
Unappropriated Surplus; Traffic Safety
Fund.
BA -069 - $26,230 Decrease in
Unappropriated Surplus; Parking Meter
Fund.
BA -070 - $254,850 Net Increase in
Unappropriated Surplus; Tide and
Submerged Lands Fund.
BA -071 - $306,598.10 Increase in
Unappropriated Surplus; Building Excise
Tax.
BA -072 - $297,245.96 Increase in
Unappropriated Surplus; Water Fund.
(b) BA -073 - $250,000 Transfer in Budget
Appropriations to provide for Corona del
Mar Water Main Replacement (C- 2631);
Water Main Replacement Fund. (see
report with agenda item F -2(a))
Volume 41 - Page 66
COUNCIL MEMBERS
0
•
Motion
All Ayes
Motion
All Ayes
0
X
x
CITY OF NEWPORT BEACH
MINUTES
February 9, 1987
BA -074 - $175,000 Transfer in Budget
Appropriations for additional water main
tie -in connections that will cross
Pacific Coast Highway in the area of
road widening; Main Replacement Program
Fund.
BA -075 - $75,000 Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
Hospital Road Widening from Newport
Boulevard (State Highway 55) to North
Newport Boulevard; State Gas Tax (Sec.
2106) Funds. (See report with agenda
item F -3(a)
BA -076 - $7,000 Transfer in Budget
Appropriations for electrical repair of
circuits in Computer Room; Finance -Data
Processing Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Letter from William Wilkinson regarding PD /Animal
animal offenses and nuisances on Balboa Control
Bay Front, was presented. 1(70)
Council Member Plummer commented on the
need for improved animal control
enforcement by the City's Police
Department, as well as the need to train
and educate dog owners as to the City's
animal control regulations. She also
questioned if the Police Department was
successful in recruiting for the recent
vacant animal control officer positions.
Following comments, motion was made to
refer the subject letter to the Police
Department for reply, with a copy of
said reply to each Council Member.
2. Report from the City Attorney
NoStar Bch/
recommending the Mayor and City Clerk
Aquatic Ctr
execute a lease for a portion of North
C -2637
Star Beach to allow construction of an
(38)
Aquatic Center, was presented.
Motion was made to approve the subject
lease with the following revision to
page 42, item No. 3, "Manpowered.boat
launching facilities (no motorized boat
launching will be allowed), and...."
3. Letter from City of Avalon Mayor Hugh T. egi
"Bud" Smith, requesting support for (48)
opposition to the toxic waste dump site
proposed for San Clemente Island, was
presented.
Volume 4I - Page 67
CITY OF NEWPORT BEACH
COUNCIL MEMI
Motion
All Ayes
•
Motion
All Ayes
•
Motion
Ayes
Abstain
Motion
Ayes
Abstain
•
Ix
x
x I x I x I x I x Ix I x
x I x I x I x I x Ix I x
MINUTES
February 9, 1987
Motion was made to refer the subject
letter to the Pending Legislation and
Procedural Ethics Committee, for more
information and report back on February
23, 1987.
4. Report to the City Manager regarding
actions taken by the Planning Commission
on January 22, 1987, was presented.
Motion was made to schedule a public
hearing for February 23, 1987, on Use
Permit No. 3229, Resubdivision No. 840,
and related Traffic Study, regarding
application of Harris Architects, on
property located at 3000 West Coast
Highway.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 87 -2, being,
(68)
AN ORDINANCE OF THE CITY OF NEWPORT Trai
BEACH REPEALING SECTION 12.40.050 (85)
OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO TRAILERS ON BALBOA
ISLAND,
was presented with report from the
Assistant City Attorney, dated January
8, 1987.
Motion was made to adopt Ordinance No.
87 -2.
2. Proposed ORDINANCE NO. 87 -3, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 5.40.060 OF
THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO HANDBILL EXCEPTIONS,
was presented with report from the
Assistant City Attorney, dated January
8, 1987.
Motion was made to adopt Ordinance No.
87 -3.
I. CONTINUED BUSINESS:
1. Report from the City Manager, dated
February 9, 1987, regarding REQUEST OF
CONFERENCE AND VISITORS BUREAU, was
presented.
Volume 41 - wage 68
(27)
(40)
3229/
Stdy
87 -2
87 -3
/Vistrs
COUNCIL MEMBERS
y �
•
•
CITY OF NEWPORT BEACH
MINUTES
February 9, 1987
Letter from Balboa Peninsula Point
Association regarding comments made at
the January 26, 1987 City Council
meeting.
The City Clerk advised that after the
agenda was printed, three additional
letters were received regarding this
proposal from Bill Bennett, 218 Cedar
Street and Walt McCarthy, 1906 Port
Bristol Circle (in opposition), and
Balboa Improvement Association (in
support).
The City Manager referred to his report
noting that the proposed agreement has
been modified as follows:
1) The effective date has been
changed from March 1 to April
1, 1987.
2) The reporting period as
specified in paragraph 5
requires reports every January
and July of each year,
commencing with 1988.
Discussion ensued with regard to the
termination clause set forth in the
proposed agreement, wherein it was
pointed out that the City shall have the
right to terminate the agreement,
effective on the date written notice is
given to Bureau in the event of any of
the occurrences enumerated in the
agreement. The City shall also have the
right to terminate the agreement by
giving ninety days' written notice. The
City Attorney also advised that there is
a provision in said agreement which
allows for termination if the 'visitor's
service fee ordinance is repealed.
Mayor Pro Tem Hart commented that she
had received the current list of the
Bureau's Board of Directors, as
requested at the last Council meeting,
but she had not yet received a copy of
their budget or a report relative to
hotel statistics.
Jerry King, President, Conference and
Visitors Bureau, addressed the Council
and stated that the budget referred to
by Mayor Pro Tem Hart was submitted some
months ago in the Bureau's original
packet to the Council. With regard to
their budget, they do intend to continue
to charge dues to its members and it's
their hope, providing the visitor's
Volume 41 - Page 69
Finance/
Conf /Vistrs
Bureau
COUNCIL MEMBERS
"00\
•
•
•
CITY OF NEWPORT BEACH
MINUTES
February 9, 1987
service fee is approved, to increase
that membership by some number. Their
long -term hope is that those dollars
would be both accounted for in the
budget and available for a variety of
undertakings by the Bureau. With
respect to the hotel statistics referred
to by Mayor Pro Tem Hart, he thought
such figures were incorporated in the
original agenda packet from the City's
Finance Department.
With regard to the Bureau's interest in
the trolley, Mr. King stated that they
are definitely in support of seeing the
Newport Beach trolley remain, as they do
consider it visitor- related and
something they would benefit from. He
stated that they have met with the staff
and would like to make the following
offer, should the City Council decide to
adopt and approve the Bureau's proposal:
That item 2 -d of said agreement be
added to read, "that in conjunction
with the City, the Bureau will
develop a plan for the
reestablishment of the trolley
system, and if the City decides to
reestablish the trolley, the Bureau
agrees to participate in the
funding,of that trolley by
contributing $50,000 each year in
two quarterly payments of $25,000
each from the visitor's service
fee, and by guaranteeing to the
trolley a minimum of $50,000
additional each year in revenue
charters and advertising. Further,
that the Bureau shall include, in
each biannual report, a section
analyzing the ridership and
economics of the trolley system."
In response to questions raised, Mr.
King stated that the offer as made for a
total of $100,000 includes $50,000
guaranteed by Bureau members. The
members would provide the advertising
and /or a combination of advertising and
charter service. With respect to a
feasibility study of the trolley system,
he stated he was not sure how long the
study would take, but they are hopeful
to have the system in operation by May,
1987.
Council Member Plummer, in reference to
the trolley, stated it was her
understanding that this was an issue the
Off- Street Parking Committee was going
Volume 41 - Page 70
Finance/
Cnf /Vistrs
Bureau
•
•
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
J�\ February 9, 1987
MINUTES
to move ahead on, inasmuch as it affects
all of Newport Beach. She stated she
felt the trolley has been "studied to
death," and should not be studied again,
or the trolley will not be in operation
by this Summer. She stated she felt
that the proper course of action would
be for the Council to direct the
Off- Street Parking Committee to review
this issue, and report back its
recommendation at the earliest possible
date.
Council Member Turner stated that the
trolley system which was terminated
January 31, 1987, was not working and
costing the City a considerable amount.
Therefore, he feels the Council should
"back off" and take a very thorough look
at the "need" for a trolley system;
determine just how effective it can and
should be, and that the City possibly
experiment at a lower cost. He feels
this can be done on a pilot program,
particularly on the Peninsula. He
stated he was reluctant to purchase a
trolley first, and then hope the system
worked.
Mayor Pro Tem. Hart indicated she felt
the Council should only consider the 1%
visitor's service fee at this time, and
not the matter of the trolley.
Mr. King addressed the Council again and
stated that the additional language they
are requesting be inserted in the
agreement, requires the Bureau to report
biannually regarding the economics and
ridership of the trolley, which would
include an opportunity for them to look
at route proposals in addition to the
concept of full -time service vs. charter
service, etc. The Bureau feels they
will be generating a great deal of
information that has not been generated
in the past which will serve as guidance
for the Council to manage the trolley.
Barbara Carver, 4510 Park Newport,
Government Relations Coordinator for
Park Newport, addressed the Council in
support of a trolley system. She stated
that approximately 2,200 persons reside
at Park Newport, many of whom use the
trolley two or three times a week, or on
a daily basis as a result of a survey
taken within Park Newport. She stated
that Park Newport is a member of the
Conference and Visitors Bureau and spent
$4,800 to place an ad on the trolley.
Volume 41 - Page 71
Finance/
Cnf /Vistrs
Bureau
•
is
•
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
:ALLY February 9, 1987
They have also budgeted an approximate
amount in this year's budget for a
similar ad, should there be another
trolley system.
The following persons addressed the
Council regarding the the proposed 1%
visitor's service fee:
In favor:
MINUTES
Kevin Consey, Director, Newport
Harbor Art Museum
Bjorn Sedleniek, owner of POSH Mena
Store, Fashion Island
Werner Escher, ex- member of the
Conference and Visitors Bureau,
205 40th Street
In opposition:
Lars DeJounge, 208 Marigold Avenue
Mr. King, in his closing remarks, stated
that the City has used businesses to
help pay taxes, to fund road
improvements, etc., and therefore,
businesses have benefited from those
decisions over the years. The City has
provided the community with many fine
restaurants, hotels, world class museum,
etc., which brings people to Newport
Beach on an annual basis. The City is
totally surrounded by visiting serving
uses. The Bureau is not asking for more
hotel rooms and they are not asking for
a handout from the City. The Bureau is
willing to provide dollars out of their
own pockets, collected by their own
industries, for which the City should
reap some benefit as a result of
increased sales.
Council Member Strauss stated that he
viewed the last Council meeting on
television when this issue was discussed
and has also listened to the tape
recording of the same meeting. He
stated he was opposed to the proposal
and feels very strongly that this is a
bad idea for the City for two principal
reasons. First, it violates the free
enterprise stand, that as far as he
knows, the City has always taken by
acting as a collection agency for the
hotel industry. He feels other
industries will now have the right to
expect the same treatment if their times
"get tough,1° and he feels the Council
will have crossed a line that the City
should not have crossed if the
Volume 41 - Page 72
Finance/
Cnf /Vistrs
Bureau
COUNCIL MEMBERS
is
•
•
CITY OF NEWPORT BEACH
MINUTES
February 9, 1987
subject ordinance is adopted. Secondly,
Finance/
and as equally important, he feels it is
Cnf /Vistrs
a bad idea because it further changes
Bureau
the character of the City and makes it
more of a tourist town. Most people
don't want to see Newport Beach become a
Miami Beach, or a Honolulu and when the
hotels were built in this City everyone
kept saying, "don't worry about that, it
will never happen," yet somehow the City
is going to undertake a program of
nationwide advertising for tourists. He
does not feel this is in the best
interest or character of the City.
Council Member Strauss continued further
by stating that the proponents basically
are saying that the City would gain by
an increase in the hotel occupancy tax,
but is that a good reason to change the
character of the City, or to violate our
firm stand on free enterprise? He does
not think it is. He reminded the
Council of the defeat of Measure A on
November 25, 1986 which, according to
the experts, would have made the City
$1,000,000 per year, but instead the
voters turned it down by convincing the
majority that money isn't everything to
the answers of our City. He urged the
Council to vote down the subject
proposal, but stated however, if it is
approved, he would suggest the contract
be amended to provide for a termination
date after a two -year period. This does
not mean the contract would be
terminated, it only means that
negotiations would take place to either
renew the subject document, or write a
new contract.
Council Member Maurer stated he is
always surprised when he hears people
say that the City should not be involved
with businesses. We are already
Involved in businesses in his opinion.
Also, there is a difference between a
visitor who comes to the City and pays
his way and the visitor we refer to as
our "beach- goer." He stated he would be
opposed to the proposal if the Bureau
were to promote the "beach- goer" type of
visitor who uses the beach for the day
and then returns home to another city.
He feels there is a partnership between
the City, the residents and the
businesses, and he would be opposed to
terminating the contract at the end of a
two -year period, as proposed by Council
Member Strauss.
Volume 41 - Page 73
•
Motion
•
COUNCIL MEMBERS
'A
X
CITY OF NEWPORT BEACH
MINUTES
February 9, 1987 INDEX
Council Member Sansone stated that he
Finance/
was opposed to the proposal and has been
Cnf /Vistrs
from its inception. He does not believe
Bureau
it is necessary for the City to get
THE CITY OF NEWPORT BEACH ADDING
involved with the Bureau and act as a
SECTION 3.28 TO THE NEWPORT BEACH
"money exchange outfit." He feels the
MUNICIPAL CODE, ESTABLISHING A
hotel industry should collect the fees
VISITORS' SERVICE FEE; and
themselves and disburse the funds
authorize the Mayor and City Clerk
without the City becoming involved. He
to execute agreement between City
stated he does not want to see the City
and Newport Beach Convention and
act as a "money laundry source." He
Visitors Bureau; and to add a
stated he has looked into the
Section 2.D to the agreement to
possibility of anti -trust as referred to
read as follows:
during the last Council meeting, but
feels that is not possible. He
reiterated that he was not opposed to
the concept, but was strongly opposed to
the City getting involved.
Council Member Turner stated that he,
too, is concerned with the possibility
of mixing between private enterprise and
the City; however, in this particular
case, he does not feel the City is
getting involved in "business," as he
sees it. He stated that the Council is
looking at a situation that provides the
City with approximately one -half million
dollars per year. He stated he will
support the proposal, as he feels there
are controls contained in the agreement
to make sure that if the program goes
awry the City can step in and terminate
the contract.
Council Member Turner stated that he
also had some suggestions to "tighten"
the agreement further, and therefore,
moved to adopt proposed ORDINANCE NO.
Ord 86 -5
86 -5, being,
Visitor's
Service Fee
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADDING
SECTION 3.28 TO THE NEWPORT BEACH
MUNICIPAL CODE, ESTABLISHING A
VISITORS' SERVICE FEE; and
authorize the Mayor and City Clerk
to execute agreement between City
C -2638
and Newport Beach Convention and
(38)
Visitors Bureau; and to add a
Section 2.D to the agreement to
read as follows:
"On or before May 1, 1987, the
Bureau will prepare a study
designed to analyze the need for a
trolley system to serve the City of
Newport Beach. Although City
desires to give Bureau considerable
flexibility in preparing said
study, it is the intent of the City
Volume 4I - Page 74
COUNCIL MEMBERS
'A ti
0
Ayes
Noes
•
Motion
All Ayes
CITY OF NEWPORT BEACH
X
x
x
x
x
x
x
X
MINUTES
February 9, 1987
to require that the study address Visitor's
need, a pilot program if such a Service Fee
program is warranted, trolley
sizes, routes, start up dates,
schedules, advertising programs,
management and budgets. It is
further intended that the Bureau
will be responsible for providing a
minimum of $100,000 per annum from
direct contribution and advertising
revenues, and that the City
financial participation will be
commensurate with services provided
as determined by City." It was
further moved that the following
paragraph be added to Section 5:
"Said report shall include, but not
be limited to, a complete breakdown
on the expenditure of funds, a
comparison of room occupancy rates
for the prior six months, as
compared to other comparable
periods, increased tax revenues
which can be traced directly or
indirectly to the promotion program
and an analysis of costs or
problems resulting from increased
visitations as they relate to
police, fire and other services
provided by the City."
Mayor Pro Term Hart asked Council Member
Turner if it was his intention, in
changing a portion of the agreement
relative to the trolley, that the City
Council would still have the option as
to whether a trolley system would
actually go into operation, to which
Council Member Turner replied in the
affirmative.
Mayor Pro Tem Hart stated that she will
oppose the motion, and that she made her
comments in this regard at the last
Council meeting. She complimented the
Bureau on their "dynamic" Board of
Directors and stated she is sure they
will do very well. She stated that her
"no" vote is reflective only of the
City's participation in this proposal,
and not against the Bureau itself.
The motion was voted on and carried.
2. BICYCLE TRAILS CITIZENS ADVISORY
COMMITTEE:
Motion was made to confirm (District 1)
Council Member Strauss's reappointment
Volume 41 - Page 75
COUNCIL MEMBERS
M�n
All Ayes
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
E
x
x
X
X
CITY OF NEWPORT BEACH
MINUTES
February 9, 1987
of Frances Farr, and appointment of
Marilyn Hendrickson.
3. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS
ADVISORY COMMITTEE:
Motion was made to confirm (District 1)
Council Member Strauss's appointments of
Bobby Lovell. and Paul Wickman.
4. COUNCIL AD HOC AVIATION COMMITTEE:
Motion was made to refer the vacancy for
Alternate to Rep /Homeowners Association,
deferred from the December 8, 1986, City
Council meeting [as a result of City
Council reorganization], to the Ad Hoc
Aviation Committee.
J. CURRENT BUSINESS:
1. NOMINEES FOR APPOINTMENT TO ARTS
COMMISSION VACANCY:
Motion was made to confirm the following
Appointments Committee nominations of
Sara Blatterman, and Don McKinney for
appointment on February 23, 1987, to
fill the unexpired term of Ervin "Bud"
Pashley ending June 30, 1987.
2. NOMINEES FOR APPOINTMENT TO THE BUILDING
CODE BOARD OF APPEALS VACANCY:
Motion was made to confirm the following
Appointments Committee nominations of
George Crall, and Robert Fish, Jr., for
appointment on February 23, 1987, to
fill the vacancy on the Building Code
Board of Appeals, as a result of the
resignation of S. E. Briggs.
Meeting adjourned at 9:20 p.m.
ty
The agenda for this meeting was posted
on Thursday, February 5, 1987, at 3:00
p.m., on the City Hall Bulletin Board
located outside of the City of Newport
Beach Administration Building.
Volume 41 - Page 76
EQA /CAC
Ad Hoc
Aviation
Cmte
Arts Cmsn
Bldg Code
Bd Apels