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