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Home My WebLink About0 - AgendaNEWPORT BEACH CITY COUNCIL AGENDA September 28, 1998 CLOSED SESSION - 5:00 p.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED (If applicable) RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Parish Church. Recognition of Council Members Hedges and Noyes for their participation in the Celebrity Waiter Fundraiser to benefit the Leukemia Society (contd. from 9/14/98). Anniversary recognition from the League of California Cities for the City's incorporation into the State of California on September 1, 1906. Presentation of plaques to the outgoing Board and Commission members recognizing them for their service to the City. IF YOU WISH TO ADDRESS THE COUNCIL�PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS TAPE RECORDED. SPEAKER MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. BELL/RED LIGHT WILL SIGNIFY WHEN 5 MINUTES ARE UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1 — 18) are considered by the Council to be routine and will all be enacted by one motion in the listed below. The City Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the tinge the Council votes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or removed front the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, state their name and Consent Calendar Item number, and place the sign -in card in the box provided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS MINUTES OF THE ADJOURNED REGULAR MEETING (STUDY SESSION) AND THE REGULAR MEETING OF SEPTEMBER 14, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all . ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS) FOR ADOPTION 3. REPAYMENT PROVISIONS FOR LEASE /PURCHASE FINANCING. Adopt Resolution No. 98 -_ with repayment provisions in the event of lease /purchase financing for the 800 MHz, Digital Radio Conversion Equipment and Document Imaging Systems. 4. VACATION AND ABANDONMENT OF PORTIONS OF UNUSED RIGHT -OF -WAY ALONG THE WESTERLY SIDE OF OCEAN BOULEVARD IN CORONA DEL MAR. Adopt Resolution No. 98 ordering the summary vacation and abandonment of unused right -of -way along the westerly side of Ocean Boulevard adjacent to 2735 and 2741 Ocean Boulevard in Corona del Mar; direct the City Clerk to have the resolution recorded by the County Recorder; and establish height of landscaping to be allowed at either 60 inches or 48 inches. 5. CITY POSITION ON PROPOSITION NINE (NOVEMBER 1998 BALLOT). Adopt Resolution No. 98 -_ opposing Proposition 9 on the November 1998 General Election ballot in the State of California. ORDINANCES) FOR ADOPTION 6. ADOPT ORDINANCE NO. 98 -22 APPROVING AN AMENDMENT TO THE AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT REGULATIONS TO AMEND THE PERMITTED HEIGHT LIMIT FOR AREA 4C AND CHANGE THE PERMITTED HEIGHT LIMIT FOR FENCES AND WALLS THROUGHOUT THE PLANNED COMMUNITY TO 10 FEET. [AMENDMENT NO. 879 — 2300 JAMBOREE ROAD]. Adopt Ordinance No. 98 -22. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CONTRACTS AND AGREEMENTS 7. PARKING CITATION PROCESSING AGREEMENT (contd. from 9/14/98). Approve the agreement for Newport Beach to provide Costa Mesa with parking citation processing and adjudication service through June 30, 2003. 8. COMPLETION AND ACCEPTANCE OF 1997 -1998 SLURRY SEAL PROGRAM (C- 3188). Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 9. COMPLETION AND ACCEPTANCE OF CITYWIDE ADA CURB ACCESS RAMPS (C- 3197). Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 10. COMPLETION AND ACCEPTANCE OF 1997 -1998 SIDEWALK, CURB AND GUTTER REPLACEMENT (C- 3201). Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 11. NEWPORT BOULEVARD /PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS (C- 2886). Authorize Amendment No. 2 to the Professional Services Agreement with MK Centennial (MK) for construction management services; and authorize a Budget Amendment (BA -013) to appropriate $56,653.37 from the Circulation and Transportation Fund, unappropriated surplus fund balance to Account No. 7261- C5100199. 12. JAMBOREE ROAD SEWER PUMP STATION ABANDONMENT — AWARD OF CONTRACT 3179. Reject all bids and direct staff to review the scope of the project, find areas to reduce the cost, and re- advertise for bids. 13. PROPOSAL FOR NEWPORT DUNES ENVIRONMENTAL IMPACT REPORT. Approve the professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Resort project. MISCELLANEOUS ACTIONS 14. PLANNING COMMISSION AGENDA FOR SEPTEMBER 24, 1998. Receive and file. 15. APPOINTMENTS TO THE AVIATION COMMITTEE. Confirm Mayor Pro Tem O'Neil's appointment of Bill Lusk (regular member) and Bonnie O'Neil (alternate member). 16. SANTIAGO DRIVE STATUS REPORT (Requested by Council Member Glover). Receive and file. 17. APPEAL OF RICHARD L. RIDGWAY TO RETAIN 5501 SEASHORE DRIVE WOODEN DECK (OCEANFRONT ENCROACHMENT). Deny the appeal to retain the wooden deck along the ocean frontage at 5501 Seashore Drive. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 18. SALE OF PROPERTY ON CARNATION AVENUE BETWEEN BAYSIDE DRIVE AND FIRST STREET. Approve the sale of City -owned property at Carnation Avenue and Bayside Drive to Mr. Ed Foster for $31,000 cash to the City; approve Mr. Foster's construction of a retaining wall and sidewalk on the easterly side of Carnation Avenue; and authorize the Mayor and City Clerk to execute a grant deed transferring the property to Mr. Foster when conditions have been met. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Public Comments are invited on non- agenda items generally considered to be within the subject matter jurisdiction of the Council -- Speakers must linait comments to 3- minutes. Before speaking, please state your name and address for the record. CURRENT BUSINESS 19. THE PORT THEATER (Requested by Mayor Pro Tern O'Neil). Action: Select one or more of the following alternatives: 1) Receive and file report; or 2) Formally state via a letter to the owner, Mr. Scott Burnham, the City's desire that the Port Theater remain in use as a theater; or 3) Direct City staff to begin the formal process to attempt to "list" the Port Theater on the California Register of Historical Resources; or 4) Direct City staff to return to the City Council with a plan to assist the Port's owner, Mr. Burnham, in renovations deemed appropriate to attract a competent theater operator to the Port. City assistance shall be in an amount not to exceed $ and shall require concessions on the owner's part to make the Port available for various community programs. 20. CITY COUNCIL COMMITTEES (Requested by Mayor Edwards). Action: 1) Receive and file report; or 2) Direct staff to return to the Council with a resolution that reinstates individual City Council Committees that shall address the following subject areas: 21. UNSCHEDULED VACANCY ON THE LIBRARY BOARD OF TRUSTEES. Action: Appoint Robert Knox or Patricia McCormick to serve the balance of the unexpired term of Jay McGoodwin which expires on June 30, 2001. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council members who voted with the prevailing side. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA September 28, 1998 CURRENT BUSINESS S22. REPORT FROM THE CITY ATTORNEY REGARDING PROPOSED DELETION OF CERTAIN ALTERNATIVES FOR THE EL TORO AIRPORT MASTER PLAN ENVIRONMENTAL IMPACT REPORT (EIR). Action: Authorize Mayor to execute letter to Supervisor Wilson expressing the City's position. S23. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 5.28 AND 5.96 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ADULT ENTERTAINMENT ESTABLISHMENTS. Action: Adopt Ordinance No. 98• as an emergency measure to become effective upon adoption (requires at least 5 affirmative votes).