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3386. 10124/00 Balboa Island Museum and
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4 A 0 ber .24, 2000
• da.Item No. 20 \
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
October 24, 2000
TO: Mayor & Members of the City Council
FROM: Homer Bludau
Robert H. Burnham
RE: 323 Marine Avenue (Old Balboa Island Fire Station)
Proposed Community Center
City Participation
The Balboa Island Museum and Historical Society (Society), a non - profit
corporation comprised of Balboa Island residents, has expressed an interest in
acquiring the property at 323 Marine Avenue (old Balboa Island Fire Station parcel
— "Property ") for the purpose of and converting the site to a community
center /museum. The Society has a commitment from the owner to sell the
Property for $750,000 and the costs of renovating the old fire station is estimated to
be in the range of $250,000. The Society has committed to raise $650,000 and
would like the City Council to provide the remainder of the funding.
According to the Planning Director, the Property is currently zoned Retail Service
Commercial and "park and recreational facilities" are permitted uses. Staff
believes the proposed community center /museum use is consistent with the
General Plan and zoning designations but we need additional information
regarding the specific uses proposed by the Society.
Staff believes the City has the legal authority to enter into an agreement with the
Society subject to certain terms and conditions. The City is prohibited from
incurring debt other than in the current fiscal year so we would recommend against
an open -ended commitment to contribute to the funding of the community
center/museum. The City Council may also want to ensure that funds contributed
to the Society are used for the community center and that the property would be
used for that purpose unless the City consented to another use. The Society has
indicated that their fund- raising would be facilitated by City approval of the concept
of the community center /museum and direction to staff to prepare an agreement
relative to City participation.
Staff is recommending the following:
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1. That the City Council approve, in concept, the acquisition of the
Property by the Society for purposes of creating a community
center /museum;
2. That the City Council direct staff to prepare an agreement that would
obligate the City Council to contribute up to $350,000 to the Society
subject to certain terms and conditions including:
a. The Society has funds and /or binding pledges amounting to
$650,000;
b. The City Council's allocation of $350,000 in the then current
budget for purposes of funding the community center /museum;
C. The right of the City to ensure that the property continues to be .
used as a community center /museum unless the City consents to a
different use.
3. That the City Council direct staff to prepare a budget amendment
consistent with the funding commitment specified in Section 2.
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H. Burnham