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HomeMy WebLinkAbout11/12/1991 - Regular MeetingCITY OF NEWPORT BEACH Present x x x x x x x A. Motion x B. All Ayes n x C. Ayes D. 1. • n x A Ayes i REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: November 12, 1991 ROLL CALL. Reading of Minutes of Meeting of October 28, 1991, was waived, approved as written, and ordered filed. Reading of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: Mayor Sansone opened the public hearing regarding proposed ORDINANCE NO. 91 -41, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE NOISE LEVEL STANDARDS FOR MECHANICAL EQUIPMENT IN RESIDENTIAL ZONING DISTRICTS (PLANNING COMMISSION AMENDMENT NO. 736). Report from the Planning Department. The City Manager noted some concerns on the part of the staff with. respect to enforcement of the subject ordinance, i.e., noise measurements, and therefore, recommended the document be referred back to staff until the City's Noise Element has been approved in the Spring of 1992. During course of discussion, it was pointed out that the subject ordinance was prepared as a result of a Lido Isle resident and air conditioning contractor who went before the Planning Commission and stated that the constraints of the older, smaller residential lots make it virtually impossible for air condition- ing equipment to meet the current noise standards. In response, the Planning Commission directed staff to investigate possible revisions to the Zoning Code. Gordon Graham, 429 Via Lido Soud, air conditioning contractor who requested this issue be reviewed by the Planning Commission, addressed the Council and stated he had read the proposed ordinance, but felt it was not yet workable, inasmuch as it still does not allow air conditioners to be installed in side yards, and further restricts the installation of equipment on top of buildings. He stated he was in agreement with the recommendation to refer the ordinance back to staff. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to not adopt Ordinance No. 91 -41, and refer it back to staff for further study once the new Noise Element is adopted in the Spring of 1992. Volume 45 - Page 328 MINUTES (94) 91 -41 736 L "11 �f CITY OF NEWPORT BEACH November 12, 1991 .WL11 CDBG /CHAS (87) 2. Mayor Sansone opened the public hearing regarding COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 1992 -96 COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY. Report from the Planning Department. • It was pointed out that for the last nine years the major portion of the City's CDBG funds were allocated to the development of low income housing and to assistance for the homeless. In response to State housing requirements, both of these activities are also implementing actions for programs in the Housing Element of the City's General Plan. The specific objectives of the City's CDBG activities have been to: 1) maintain and expand the affordable rental housing supply; 2) repay the Section 108 loan which provided a recreation facility in a low income area and enabled the construction of seven lower income housing units; 3) provide aid to the homeless; and 4) provide social services to low income families and individuals. The priorities and programs contained in the CHAS are consistent with the Housing Element and are a continuation of past CDBG objectives,. Craig Bluell, Principal Planner, addressed the Council and cited the following corrections to the CHAS program since it was circulated in September of this year: • Page 15 - Market and Inventor Conditions - added "and eight (8� substandard ownership units ". Page 16 - Housing Stock Inventory: 4. Standard - 13,608 5. Substandard - 45 8. Standard - 17,200 9. Substandard - 7 13. Standard - 1,581 14. Substandard - 5 15. Suitable for Rehab - 0 17. Standard - 307 18. Substandard - 1 19. Suitable for Rehab - 0 Page 26 - Resources - $30,050 changed to $35,000 and $74,900 changed to $79,850. Page 28 - Funding Source: 25. Rental Certification - 717 26. Rental Vouchers - 68 Page 30 - Goals for Families to be Assisted with Housing: • 4. Rental Assistance - 115 Hearing no one wishing to address the Council, the public hearing was closed. Volume 45 - Page 329 .WL11 CDBG /CHAS (87) 9TI Motion All Ayes • Motion All Ayes • 0 COUNCIL ME?BERS x x CITY OF NEWPORT BEACH November 1Z, 1993L Motion was made to authorize the City Manager to submit a five -year and a one -year Comprehensive Housing Affordability Strategy (CHAS) to the U.S. Department of Housing and Urban Development (HUD) as required to receive the next five years of Community Development Block Grant (CDBG) funds, with the corrections as noted. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on November 25, 1991: (a) Proposed ORDINANCE NO. 91 -44, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ALLOW REAL ESTATE SIGNS TO EXCEED FOUR (4) FEET IN HEIGHT SO AS TO BE REASONABLY VISIBLE FROM THE STREET (PLANNING COMMISSION AMENDMENT NO. 727). [Report from the Planning Department] 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 91 -106 approving participation in the PUBLIC,AGENCY RETIREMENT SYSTEM (PARS) for part - time employees in place of Social Security coverage. [Memorandum from the Personnel Director] (b) Resolution No. 91 -107 amending the BOARDS, COMMISSIONS AND COMMITTEES MANUAL. (c) Removed from the Consent Calendar (refer to agenda item 0.2 for City Council action). 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk to approve Contract with BSI Consultants, Inc., of Santa Ana in the amount of $29,000 to provide Assessment Engineering Services for proposed ASSESSMENT DISTRICT NO. X63; and appropriate the sum of $30,000 from the General Fund as an additional loan to pay for the foregoing services to underground utilities and construct a City - owned street lighting system on Newport Island. [Report from the Public Works Department] Volume 45 - Page 330 MINUTES Ord 91 -44 Zoning (94) CA 727 ersonnel/ ARS Rtrm ys es 91 -106 66) ds /Cmsn/ mts es 91 -107 Asmt ;t 63/ : Is COUNCIL MDWN 0 0 CITY. OF NEWPORT BEACH MINUTES November 12, 1991 INDEX` (b) Authorize the Mayor and City Clerk Costa Mesa to execute an Amendment to the Sanitary 1979 Agreement between Newport Dist(CMSD)/ Beach and the Costa Mesa Sanitary District (CMSD) CONTRACT NO 2100, NB /Fee Sry setting the fee for service at C -2100 $17.01 per dwelling unit for those (38) areas within the City served by (a) CMSD. [Report from the Utilities Lord- Director] personal injuries, false arrest, 4. COMMUNICATIONS - For referral as - indicated: (a) To the Ocean Front Walk Ad Hoc Ocean Fr. City Council Committee for Boardwalk inclusion in the records, (24) suggestions from the Newport Drive and Avocado. Harbor Area Chamber of Commerce to (b) improve pedestrian safety on the ejovin OCEAN FRONT /BALBOA PENINSULA towed in error from 38th Street on BOARDWALK. (b) To the Building Department for Bldg reply, letter from Al Palladino (26) with + suggestions for a Study Session date to consider FAMILY BACKYARD SWIMMING POOLS AND CHILD Albert Ferdinand, Jr. PROTECTION. 5. COMMUNICAT:ONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOB. DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Euralis Lord- Butcher alleging Lord- personal injuries, false arrest, Butcher etc, by City Police Department on July 26, 1991, at Pacific Coast Highway between Newport Center Drive and Avocado. (b) Nancy Dejovin alleging vehicle ejovin towed in error from 38th Street on October 19, 1991. (c) Albert Ferdinand and the Ferdinand following: (refer to F -6(a) above. (d) Albert Ferdinand, Jr. Ferdinand, Jr., et al (e) Alison Ferdinand. (f) Cris Ferdinand. (g) Wendy Ferdinand. (h) Suzanne Finnamore alleging Finnamore personal injuries as a result of negligent inspection or failure to inspect the installation of an outside shower and faucet at said location. (i) Integrity 714 Salon alleging Integrity property damage, etc., as a result 714 Salon of City water main break in front of business at 2828 E. Coast Highway on September 13, 1991. Volume 45 - Page 331 9 CITY OF NEWPORT BEACH MINUTES November 12, 1991 INDEX (j) Lo -el Fine Art alleging property Lo -el Fine damage as a result of City water Arts main break at 3431 Via Oporto #100 -C, on October 31, 1991. (k) Lido Brass and Copper, Inc., Lido Brass alleging property damage as a result of City water main break at 3431 Via Oporto, #100B, on October 31, 1991. (1) Herbert Margulis alleging Margulis telephone cable was cut on October 16, 1991 to Slip C031 while dock was being repaired; seeking reimbursement of $65 for repair of telephone cable. (m) Gary S. Mobley alleging loose Mobley gravel from repaving project on Jamboree Road near San Joaquin Hills Road was thrown upward and cracked his windshield on October 10, 1991. (n) Dr. Carl Muglia alleging personal Muglia injuries as a result of accident at Jamboree Road and Bristol Street on April 15, 1991, (lights at intersection went out without precautionary flashing red lights). (o) Jill Robbins alleging personal Robbins injuries as a result of being rear -ended by City employee on October 16, 1991, on Newport Boulevard, near 21st Street. (p) State Farm Insurance St Farm Company/Robert K. Powers alleging Ins /Powers damages to their insured's vehicle, as a result of collision with City Police Patrol vehicle on June 19, 1991. (q) Pamela R. Vaughn alleging personal Vaughn injuries, loss of wages, etc., as a result of trip and fall in street on August 2, 1991, in front of 726 Santana Drive, Irvine Terrace. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO APPROVE /PILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One :Maintenance Worker I, General Services Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Removed from the Consent Calendar (refer to agenda item G.1 for City Council action). Volume 45 - Page 332 COUNCIL MEMBERS • 0 • Motion All Ayes CITY OF NEWPORT BEACH x November 12, 19911 For Council information and filing: (b) Removed from the Consent Calendar (refer to agenda item G. 3 for City Council action). 10. PUBLIC HEARING SCHEDULING - November 25, 1991: (a) Refer to agenda item F -1(a). 11. WATER MAIN RELINING PROGRAM (CONTRACT NO. 2784) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., November 26, 1991. [Report from the Public Works Department:] 12. Removed from the Consent Calendar (refer to agenda item G. 4 for City Council action). 13. RESUBDIVISION NO. 867 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivis.ion No. 867 (3636 Birch Street on the northeasterly corner of Bristol Street North and Birch Street, in the Newport Place Planned Community); authorize the City Clerk to release the Faithful Performance Bond and Labor and Materials Bond (968330S) in six months rovided no claims have been filed. p[Report from the Public Works Department.] MINUTES (84) INDEX Main g Prg E:IyI 14. CITY COUNCIL TRAVEL AUTHORIZATION AND Cncl Expns EXPENSE RECORD - Approve expense record (33) of Council Member Plummer in the amount of $1,198.79 for attendance at the Annual League of California Cities Conference in San Francisco, October 12 - 17, 1991. 15. BUDGET AMENDMENTS - For approval: 1(25) BA -033, $30,000 - Decrease in Unappropriated Surplus and increase in Budget Appropriations to provide for ASSESSMENT DISTRICT NO. 63 (UNDERGROUND UTILITIES ON NEWPORT ISLAND); General Fund. [Refer to report w /agenda item F- 3(a)] G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Recycled report dated October 28, 1991 GS from the General Services Director (44) regarding DONATION OF CITY SURPLUS ITEMS. It was noted that this item had been continued from the last meeting at the request of Council Member Plummer who wanted to investigate the possibility of donating the surplus items to Cabo San Lucas, a Sister City to Newport Beach. Council Member Plummer advised that she has not heard from her contact who frequently visits Cabo San Lucas, and therefore, made a motion to defer action on this matter to January 13, 1992. Volume 45 - Page 333 �n yes Motion .Motion • Ayes Noes Motion All Ayes r a r a•� A y `, x x CITY OF NEWPORT BEACH x xl xi xl I xi xl x x November 12, 1991 2. Report from the Assistant City Attorney regarding proposed resolution to impose administrative fee on delinquent parking fines. Motion was made to adopt Resolution No. 91 -108 imposing administrative fee on collection of DELINQUENT PARKING FINES, with an amendment to Section 1, changing the initial ten day notice period to 15 days. 3. Report From the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON OCTOBER 24, 1991. Motion was made by Council Member Watt to schedule public hearing on November 25, 1991 for Use Permit 1421(Amended) and Traffic Study No. 79 relative to Hoag Hospital Emergency Room. Council Member Watt indicated that her reason for calling this item up was because the Council will be discussing Hoag Hospital's Master Plan in great depth in the next few months, and therefore, she felt it was "not any too soon to start that dialogue." Council Member Plummer stated she will not be supporting the motion, inasmuch as she felt this issue was adequately covered when it was before the Planning Commission as reflected in their minutes. She also stated that if the Council were to hear the matter again, it would be redundant and only delay the project, and therefore, she made a substitute motion to not schedule a public hearing on this issue, and to receive and file the subject report. Council Member Cox spoke in support of the substitute motion, stating he felt it would be too confusing to link the emergency room issue to Hoag's Master Plan, and that the Council should "leave well enough alone." The substitute motion was voted on and carried. 4. Report from the Public Works Department recommending approval of plans and specifications for the BALBOA PARKING LOT IMPROVEMENTS (CONTRACT No. 2881); and authorizing the City 'Clerk to advertise for bids to be opened at ll:00 a.m., November 27, 1991. Council Member Hedges, Member of the Balboa Specific Area Plan Committee, stated that inasmuch as there may be some improvements not contemplated as a result of the proposed parking lot improvements, he will make a motion to refer this item to the Balboa Specific Area Plan Committee for review and report back.. Volume 45 - Page 334 MINUTES Parking/ Fines (40) Res 91 -108 Planning (68) oa Pkg Imprvm C,: . +91x13 :zl CITY OF NEWPORT BEACH November 12, 1991. MINUTES i is ROLL CHLL H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE N0. 91 -39, being, Ord 91 -39 Noise/ AN ORDINANCE OF THE CITY COUNCIL Zoning OF THE CITY OF NEWPORT BEACH (94) AMENDING TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE NOISE LEVEL STANDARDS FOR MECHANICAL EQUIPMENT. Report from the Planning Department. Motion x Motion was made to not adopt Ordinance All Ayes No. 91 -39, and refer subject ordinance back to staff for further study, once the Noise Element is adopted in the Spring of 1992. 2. Proposed ORDINANCE NO. 91 -40, being, Ord 91 -40 Marine/ AN ORDINANCE OF THE CITY COUNCIL Charter OF THE CITY OF NEWPORT BEACH Permit AMENDING CHAPTER 5.18 REGARDING (27) MARINE CHARTER PERMIT. Recycled report dated October 28, 1991 from the Revenue Manager /Finance Department. Motion x Motion was made to adopt Ordinance No. 91 -40. All Ayes 3. Proposed ORDINANCE N0. 91 -42, being, Ord 91 -42 Community AN ORDINANCE OF THE CITY COUNCIL Cable OF THE CITY OF NEWPORT BEACH Franchise • AMENDING A NON - EXCLUSIVE FRANCHISE (42) WITH COMMUNITY CABLEVISION COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY; AND Proposed ORDINANCE NO. 91 -43, being, Ord 91 -43 ComCast AN ORDINANCE OF THE CITY COUNCIL Cable OF THE CITY OF NEWPORT BEACH AMENDING A NON- EXCLUSIVE FRANCHISE Franchise WITH COMCAST CABLEVISION TO (42) CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY. Report from the Deputy City Manager. The City (jerk advised that after the agenda was printed, a letter was received from Joan MaCaulay regarding the renewal of franchise to ComCast. The City Manager reported that at the last City Council meeting, two ordinances were introduced which, 1) granted a 10 -year franchise extension to the respective cable companies, 2) within two years, provisions for a dedicated educational channel to each of the Newport -Mesa Unified School District campuses, 3) a dedicated Fire Department channel and additional video equipment to enable Fire Department broadcasts, and 4) within five years, expansion of the system from approximately 40 channels to at least 54 channels. Volume 45 - Page 335 • Motion • X CITY OF NEWPOR r BEACH November 12, 1991. The City Manager further advised that Community Cat! and ComCast Cablevision will accept the franchise ordinances as written, with the provision that the Franchise Acceptance Agreement include a provision that "highest and best standards" in the Municipal Code refers to those standards that comply with appropriate FCC rules. He stated that staff had no objection to the proposed amendment. The City Attorney commented that the proposed amendment would not affect those provisions of the cable television ordinance that require maintenance of "efficient and high quality service to CATV subscribers." In response to question raised by Council Member Hedges regarding the dedicated educational channel, the City Manager responded that the franchise ordinance provides only one location at each campus for the educational channel, and if other rooms were wired within that campus, that would be at the expense of the school district. Dave Barford, ComCast, addressed the Council regarding the proposed amendment to the Franchise Acceptance Agreement, and stated that in the original proposed franchise ordinance, there was a section that stated there would be a reduction in fees if they did not meet certain technical standards as described in that particular section. He stated that some of those standards were out -dated and subsequently replaced by language that said, in essence, "the best available technical standards within the industry," which is somewhat nebulous and really did not describe anything. Essentially what they want to do is to comply with FCC specifications for a cable plan„ and it is those requirements they have suggested be inserted in the Franchise Acceptance Agreement. There being no further discussion, motion was made to adopt Ordinance No. 91 -42, and Ordinance No. 91 -43, including approval of the amendment to the Franchise Acceptance Agreements as requested by the cable companies. Council Member Cox also stated that even though he made the motion to adopt the above two ordinances, he still felt it was unfair for the City to "not negotiate in good faith" on some of the items. He also indicated that the cable companies should have gotten more in return considering the kind of investment they put in, but instead, the City is deriving all the benefits without granting a longer term than 10 years. Volume 45 - Page 336 MINUTES nity COUNCIL MEMBERS CITY OF NEWPORT BEACH November 12, 1991 All Ayes Council Member Cox's motion was voted on and carried. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from the Parks, Beaches and Recreation Director regarding the operation of the CONCESSION AT THE CORONA DEL MAR STATE AND CITY BEACH PARK. The City Clerk advised that after the agenda was printed, two letters were received from Gordon Kilmer, Kilmer Enterprises, dated November 5 and 12, 1991. In addition, a letter was received from TG, Inc., offering to post. a $50,000 performance bond prior to first year of operation. The City Clerk further reported that letters were also received from Mr. & Mrs. Matta of Matta's Mexican - American restaurants, supporting the bid proposal of TG, Inc., and from Sandy Nichols, in support of retaining Kilmer Enterprises as the concessionaire at Corona del Mar _ State Beach.. The ' City Manager noted that bid proposals were received from prospective operators on October 21, 1991 by the City Clerk, and the City Attorney's office has determined that all bids are responsive to the Notice to Prospective Concessionaires, which Notice indicates that criteria for making the award will include, but not be limited to, the following: 1. Past experience and performance in operating similar food and beverage rental concessions. 2. Financial reliability. 3. Monetary return to the City. Using the above criteria, the City Manager referenced an analysis of the top two bids as enumerated in the staff report, noting that the monetary return to the City by the two top bidders is as follows: 1. TG, Inc. 488 of gross sales to $225,000.00 408 of gross sales exceeding $225,000.00 2. Kilmer Enterprises 458 of gross sales Volume 45 - Page 337 MINUTES "91i� PB &R /CdM Beach Concession COLMIL MEMBERS i- ; a" CITY OF NEWPORT BEACH November 12, 1992. Volume 45 - Page 338 MINUTES ?B &R /CdM leach :oncession The City Manager also noted that the City Council shall be the sole judge of the best qualified bidder and will determine who shall be granted the concession agreement. The City Council also reserves the right to reject any • and all proposals. Council Member Hart referenced the additional letters received from the two respective bidders offering to "sweeten the pot" so -to -speak after their bid proposals were submitted, and questioned whether or not the items mentioned in the letters should be made part of the Council's consideration in awarding the subject contract. The City Attorney advised that the Council should not consider any proposal not contained in the concessionaire's bid submitted on October 22, 1991. Jack L. G:riffitts and Terry Tuchman, representing TG, Inc., addressed the Council in support of their bid proposal. They stated they did not believe the food offered at the Corona del Mar Beach stand is competitive, or equal to what is served locally; the selection is far too limited; the prices are too high and the food is not good quality. They plan to increase the quality of the food by using fresh food products; increase the limited menu by adding fresh sandwiches, low -fat yogurt, barbecued items, etc. Theyy also intend to improve the marketing by contacting local clubs, organizations, etc., who hold events at the site. They have a strong desire to succeed and will make the City proud if they are awarded the contract. The Tuchman family has been in the retail food, catering, and concession business for over 35 years. Gordon Kilmer, Kilmer Enterprises, addressed the Council in support of his bid proposal and stated he hoped the Council would find him the best qualified bidder based on the criteria enumerated in the staff report. He read a prepared statement which, in part, stated he is financially responsible as reflected :in his financial statement; he has been the current operator of the concession stand for the past 22 years; he has never made a late payment to the City; his operation has recently received high ratings from the Orange County Health Department and from the State Department of Parks & Recreation; he has never had a complaint about the operation :from adjoining residences, and he has never received a complaint from the City of Newport Beach, County of Orange or the State. In conclusion, he felt his experience far outweighs the • other factors involved, and he would urge the Council to award the concession agreement for the next five years to Kilmer Enterprises. Volume 45 - Page 338 MINUTES ?B &R /CdM leach :oncession s" .'a1r.?a l R—;" E is Motion X, x CITY OF NEWPORT BEACH November 12, 1991 In response to questions raised by Council Members, Mr. Kilmer stated he is on the premises seven days a week from 9 a.m. to 6 p.m. during the busy season. He stated that they will add requested food items to the menu. He also feels the quality of his food is the "best money can buy," and as a result, he has even initiated a "satisfaction guaranteed" policy. He stated he has invested $81,937.40 in restaurant equipment over the past 22 years. David Diffley, 1 San Mateo Way, addressed the Council in support of the bid submitted by Kilmer Enterprises. He stated that as a teenager he worked at the Corona del Mar Beach concession stand, which he felt was a very "positive" and learning experience. He felt that Gordon Kilmer was a good and fair boss, and that he should be awarded the concession agreement. Don Swanson, addressed the Council and stated he went to school with Gordon Kilmer, and that his son now works for Mr. Kilmer at the concession stand. He stated that Gordon has always been interested in the community; that he is very conscientious, and that he felt he would be an asset to the City if he is allowed to continue the concession operation. Gloria Matta Tuchman of TG, Inc., addressed the Council in support of their bid. She stated their family has been in the food business for almost 40 years, and that if they are awarded the concession, she will work very closely with the operation. She stated that the City Council should not be afraid to award the contract to a new bidder, as they are very experienced in the areas of retail food, catering and concession business. She stated she is also interested in nutrition, and feels that new food items should be offered due to the decline in food quality at the concession stand. Council Member Cox stated that he has had conversations with both bidders about their operation; however, when he met with TG, Inc., the discussion constantly went to criticizing Mr. Kilmer. He stated he felt the experience Mr. Kilmer has gained over the years is a definite consideration and one that is very significant. He also felt Mr. Kilmer would provide the City with a more "confident" return to the City in terms of his experience and revenues, and therefore, moved to authorize the Mayor and City Clerk to execute an agreement with Kilmer Enterprises, Inc. Volume 45 - Page 339 MINUTES PB &R /CdM Beach Concession (38) CITY OF NEWPORT BEACH >. w ' V. November 12, 1991 All Ayes • r: • IND( Discussion ensued, wherein other Council Memb'nrs expressed their support for Kilmer Enterprises, Inc., due to past lack etc., experience, of complaints, and following consideration, the motion was voted on and carried. Meeting adjourned at 9:00 p.m. Yr Yr xr ik Ye Yr * * fr �k etr at is The agenda for this meeting was posted on November 7, 1991, at 8:05 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: Poo�T City Clerk e O tc+ U Cq -I FO VL Volume 45 - Page 340 IND(