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HomeMy WebLinkAbout01 - MinutesOctober 12, 1998 Agenda Item No. CITY OF NEWPORT BEACH City Council Minutes DRAFT Regular Meeting September 28, 1998 - 7:00 p.m. INDEX CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:15 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Debay, O'Neil, Hedges Glover, Noyes, Mayor Edwards Absent: None Pledge of Allegiance - Mayor Pro Tern O'Neil. 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 9/19/98). 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 George Jeffries and Frank Lynch, outgoing Library Board of Trustees Members; and Malcolm Dunn and Terrance Phillips, outgoing Parks, Beaches and Recreation Commissioners for their service to the City. Mayor Edwards also acknowledged outgoing Library Board of Trustees Member Jay McGoodwin; City Arts Commissioners Mary Maclntyre Hamilton and Nancy Warzer- Brady; and Parks, Beaches and Recreation Commissioner Bill Schonlau who were unable to attend. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM): Council Member Noyes requested that the Fire and Marine Department conduct an in -house feasibility study and recommend the funding mechanism for a permanent Junior Lifeguard facility. He recommended the current site near Balboa Pier. Council Member Hedges requested that a survey be conducted of City -owned vehicles that leave City premises for personal use by City employees and that an item be brought back that allows Council to take some type of action. • Mayor Pro Tern O'Neil stated that he has received calls that the weight limit on Marguerite Avenue, from PCH to 51h Street, is not being enforced. He requested that the Acting City Manager review this issue with the Police Chief and report the situation and the types of enforcement that is taking place to him. Volume 52 - Page 175 City of Newport Beach City Council Minutes September 28, 1998 INDEX Mayor Pro Tem O'Neil reported that the Pacific Coast Triathlon will take place in August 1999 at the Crystal Cove State Park. He indicated that this has previously been a City supported event. Proceeds are used to support youth activities in the area. He stated that he has been asked by one of the organizers to submit a letter of support frotu Council and requested to have the authority to do so. Mayor Pro Tem O'Neil received no objections from Council. • Council Member Debay requested that Council be provided at the next meeting with a progress report of the tideland properties. Acting City Manager Danner stated that he has discussed this issue with Fire and Marine Chief Riley who is requesting 30 days to bring this back to Council. • Council Member Thomson requested a progress report on the parking meters throughout the City relative to how they are managed and how the City will be going into the 21st Century. He noted the new technologies in parking meters. • Council Member Thomson requested an update on the voting machine. • Council Member Thomson requested an update from the Police Department on the citizen's patrol that is being started by them. He stated that he wants more people to become involved and that Council can help spread the word. • Mayor Edwards announced that about 20,000 people visited the Newport Center for the Race for the Cure and raised about $900,000. He commended the Race for the Cure organizers, on behalf of the City, and indicated that it was an honor for the City to have that organization in the City. • Mayor Edwards announced that Newport Harbor High School will be holding its annual Harbor Heritage Run on October 3. He stated that, through the years, they have raised about $250,000 or more for the high school. • Mayor Edwards stated that the Environmental Nature Center (ENC) that is in his district and which abuts Council Member Glover's district is conducting a large fundraising effort. He reported that the ENC is used by the high school, youths, and adults throughout the community for teaching and asked if it may be possible to participate in the fundraising effort. He requested that this item be placed on the budget checklist in November. Mayor Edwards assured that the Bison/Jamboree traffic issue will eventually get back to Council probably in a special meeting forum because of the large turnout that occurred at the high school and reported that he is meeting with representatives of the Bluff and Eastbluff area on October 7. Mayor Edwards announced that they are trying to get additional information regarding the traffic count in the area since Council initiated traffic changes at the high school about a month ago. Further, an additional legal review is also being conducted. He anticipated that a special meeting will be conducted the latter part of October. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING (STUDY SESSION) AND THE REGULAR MEETING OF SEPTEMBER 14, 1998. Volume 52 - Page 176 City of Newport Beach City Council Minutes mber 28, 1998 Naive reading of subject minutes, approve as written and order 2. READING OF ORDINANCES AND RESOLUTIONS. Naive reading in INDEX Volume 52 - Page 177 full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTION(S) FOR ADOPTION 3. REPAYMENT PROVISIONS FOR LEASE /PURCHASE FINANCING. Res 98 -65 Adopt Resolution No. 98 -65 with repayment provisions in the event of Lease /Purchase lease /purchase financing for the 800 MHz, Digital Radio Conversion Financing Equipment and Document Imaging Systems. (40) 4. VACATION AND ABANDONMENT OF PORTIONS OF UNUSED Res 98 -66 RIGHT -OF -WAY ALONG THE WESTERLY SIDE OF OCEAN Vacation & BOULEVARD IN CORONA DEL MAR. Continued to October 12, 1998, at Abandonment/ the request of the applicant. Ocean Blvd. (90) 5. CITY POSITION ON PROPOSITION NINE (NOVEMBER 1998 Res 98.67 BALLOT). Removed from the calendar at the request of staff. Proposition 9 (48) ORDINANCE(S) FOR ADOPTION 6. ADOPT ORDINANCE NO. 98-22 APPROVING AN AMENDMENT TO Ord 98- 22 /PCA 879 THE AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT 2300 Jamboree/ REGULATIONS TO AMEND THE PERMITTED HEIGHT LIMIT FOR Aeronutronic Ford AREA 4C AND CHANGE THE PERMITTED HEIGHT LIMIT FOR Planned Community FENCES AND WALLS THROUGHOUT THE PLANNED COMMUNITY (94) TO to FEET. [AMENDMENT NO. 879 — 2300 JAMBOREE ROAD]. Adopt Ordinance No. 98 -22. CONTRACTS AND AGREEMENTS 7. PARKING CITATION PROCESSING AGREEMENT (contd. from C -3232 9/14/98). Approve the agreement for Newport Beach to provide Costa Mesa Parking Citation with parking citation processing and adjudication service through June 30, Processing 2003. (38) 8. COMPLETION AND ACCEPTANCE OF 1997 -1998 SLURRY SEAL C -3188 PROGRAM (C- 3188). Accept the work; authorize the City Clerk to file a Slurry Seal Notice of Completion; and authorize the City Clerk to release the bonds 35 Program days after the Notice of Completion has been recorded in accordance with (38) applicable portions of the Civil Code. 9. COMPLETION AND ACCEPTANCE OF CITYWIDE ADA CURB C -3197 ACCESS RAMPS (C- 3197). Accept the work; authorize the City Clerk to ADA Curb file a Notice of Completion; and authorize the City Clerk to release the bonds Access Ramps 35 days after the Notice of Completion has been recorded in accordance with (38) applicable portions of the Civil Code. 10. COMPLETION AND ACCEPTANCE OF 1997 -1998 SIDEWALK, CURB C -3201 AND GUTTER REPLACEMENT (C- 3201). Accept the work; authorize Sidewalk, Curb & the City Clerk to file a Notice of Completion; and authorize the City Clerk to Gutter Replacement release the bonds 35 days after the Notice of Completion has been recorded (38) Volume 52 - Page 177 City of Newport Beach City Council Minutes September 28, 1998 in accordance with applicable portions o1 the 17vi1 Gode. 11. Removed from the Consent Calendar at the request of Council Member Thomson. 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. Removed from the Consent Calendar at the request of Council Member Thomson. 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 appointinent of Bill Lusk (regular member) and Bonnie O'Neil (alternate member). 16. Removed from the Consent Calendar at the request of Steve Berger. 17. Removed from the Consent Calendar at the request of Richard Ridgway. 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 %vhen conditions have been met. Motion by Mayor Pro Tern O'Neil to approve the Consent Calendar, except for those items removed (11, 13, and 17); the item continued to October 12, 1998 (4); and the item pulled from the Consent Calendar (5). Without objection, the motion carried by acclamation. (Refer to discussion below regarding Item 16) ITEMS REMOVED FROM THE CONSENT CALENDAR 11. NEWPORT BOULEVARD /PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS (C- 2886). Council Member Thomson noted that only a few weeks ago Council discussed how fortunate they were to only have one item over cost on the Arches Interchange project. He asked how much unanticipated expenditures there would be and also expressed concern about the 10 percent "pillow," believing that contractors will find a way to spend it. Volume 52 - Page 178 INDEX C -3179 Jamboree Sewer Pump Station Abandonment (38) Planning (68) Aviation Committee (24) Sale of Property/ Carnation Avenue (73) C- 2886BA -013 Arches Interchange Amendment (38/40) City of Newport Beach City Council Minutes September 28. 1998 INDEX In response to Gmumcil Member Thomson s questions. Public Works Director Webb stated that the amendment is part of the construction management phase. Regarding the construction phases, he stated that he is not aware of any large change orders that may occur in finishing this contract. He noted that there is at least one item related to the Sanitation District pump station that is about $100.000, but that it is a separate contract. Mr. Webb indicated that the contractor is on scledule and the April 1999 opening date is still valid. He noted that the contractor has not asked for an extension on the project even though there was significant rain last year. He believed that the contractor is doing an exceptional job in a very complex area. In response to Council Member Hedges' questions, Mr. Webb indicated that MK Centennial (MK) is the construction manager. Council Member Hedges took issue that additional surveying is needed after they completed the construction management phase. Mr. Webb pointed out that, as the project progressed, some phases needed to be broken into segments. He indicated that the instance mentioned in the staff report needed surveyors several times more than anticipated and that it would be difficult to finish the project without surveyors if Council were to reject the change order. Council Member Hedges pointed out that MK is requesting additional funds from the City for a service that they agreed to provide at the time the contract was awarded. Mr. Webb stated that MI{ indicated at the beginning of the project that they thought the City's surveying estimate was less than what they anticipated and that this was reflected in their bid. Mr. Webb stated that they were awarded the contract, as a negotiated fee, after an interview for the best qualified construction manager was conducted. Council Member Hedges emphasized that they still accepted the contract even though they knew the surveying estimate was low. Council Member Debay stated that she remembered that, after this was put out to bid, someone in Public Works discovered that there was an additional improvement regarding storm drains with CalTrans that needed to be added to the contract. Mr. Webb confirmed that this contributed to making a more complex project and that the utility relocation process that was anticipated in the change orders is also more complex than anticipated. However, that additional surveying is not considered part of tonight's $56,000 request. Council Member Debay noted that, with combining it with this project, the City is saved from digging up PCH again in two years. Council Member Hedges stated that the storm drain relocation is not being contemplated in this request. Mr. Webb confirmed, stating that anytime you have anything as major as the storm drain being added, it causes a modification of the contractor's phases and becomes more complicated. He noted that additional surveying will be added to adjust the phases of construction. Council Member Debay emphasized that the contractor will be able to complete the project on schedule even with the additional work and aggressive schedule. Mr. Webb reported that the contractor has made an effort to finish the project early in accordance with the original timeframe or without asking for a continuation. Motion by Council Member Hedges to reject the allocation; bring it back to Council in two weeks with an explanation of the work the contract managers did not contemplate at the time they accepted the contract; and Volume 52 -Page 179 City of Newport Beach City Council Minutes September 28, 1998 have the contract managers present. Motion died for lack of a second. Motion by Council Member Thomson to authorize Amendment No. 2 to the Professional Services Agreement with MK Centennial (MK) for construction management services; and to authorize a Budget Amendment (BA- 013) to appropriate $56,653.37 from the Circulation and Transportation Fund, unappropriated sarphis fund balance to Account No. 7261- C5100199. Council Member Thomson stated that the point he wanted to make is that the City needs to be diligent with these projects, especially with the mass amounts of money involved and the "slush' funds being used. Council Member Hedges stated that he opposes the motion for the reasons previously stated. He emphasized that the way the City sends a message to contractors is to reject some of these change orders and require the companies that are asking for the additional funds to present themselves. With Council Member Hedges dissenting, the motion carried. 13. PROPOSAL FOR NERNTORT DUNES ENVIRONMENTAL IMPACT REPORT. Council Member Thomson asked how LSA Associates was selected and took issue with their view descriptions. Planning Director Temple reported that the City maintains a prequalified list of environmental consultants that are tested on small scale projects. She indicated that consultants remain on the list as long as they produce an adequate project for the purposes of satisfying the California Environmental Quality Act (CEQA) criteria. LSA has been on the list longer than any other firm. Regarding the selection process, she indicated that the City, for over 20 years, has used its prequalified list and very seldom solicit competitive bids. She emphasized that, in cases of a professional services contract. it is a qualification -based competition. The City offers the option of either circulating an RFP for the purposes of comparing qualifications or identifying a consultant which staff believes is the most qualified. Newport Dunes agreed with staffs recommendation of LSA and agreed to the sole source contract. In response to Council Member Thomson's questions, Ms. Temple stated that this contract is more detailed than most contracts of this nature because more information was provided since there was a previously prepared mitigated negative declaration. She stated that the visual analysis section is also more detailed than typical because there was a desire to receive information not only from far distances but from points closer to the project. Ms. Temple explained that the initial review will be conducted by staff and released for public circulation, EQAC and responsible agencies in the State will review it, EQAC will prepare a response that will go to the Planning Department, responses will be prepared, and hearings will be scheduled. Council Member Thomson asked if the developer will be needing more detail in preparing an EIR. Ms. Temple stated that the environmental process requires looking at alternatives which include different options related to the Volume 52 - Page 180 INDEX C -3235 Newport Dunes EIR (38) City of Newport Beach City Council Minutes September 28, 1998 size and scale of the project. Since the applicant has presented a two- scenario project, staff will analyze both in detail. In response to Council Member Noyes' question, Ms. Temple stated that there are several public comment periods in the environmental review process. The first has started (notice of preparation), the draft EIR is then prepared, an additional 45 day public comment period occurs, and then a final EIR is drafted and brought before the Planning Commission and Council. Council Member Debay stated that EQAC addressed this issue at least twice and that the notice of preparation was discussed at the last meeting. She stated that she and Assistant City Manager Wood discussed forwarding the staff report to the committee along with their next agenda. Motion by Mavor Pro Tern O'Neil to approve the professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Resort project. Without objection, the motion carried by acclamation. 17. APPEAL OF RICHARD L. RIDGWAI TO RETAIN 5501 SEASHORE DRIVE WOODEN DECK (OCEANFRONT ENCROACHMENT). Richard Ridgway, appellant, stated that he has owned the property since early 1960. He indicated that the deck was bnilt in late 1960 and has been rebnilt twice since then. He reported that, at the time the encroachment policy was created in 1992, those possessing existing beach encroachments were invited to submit sketches and apply for a permit. He received a letter on May 22, 1992, indicating that the deck was inspected and approved. He disagreed with the staff report that indicated that the permit was issued in error since he has been paying his fees since 1992. He stated that he knows that a grandfather clause does not exist, However, he believed that, since property owners were invited to ask for a permit, the City intended to issue permits for existing encroachments that did not exactly meet the criteria. He suspected that he is not the only property owner who was still issued a permit for an existing encroachment that did not meet the new policy. Mr. Ridgway reviewed his interactions with City inspectors and indicated that he willingly removed an illegally built rail and also lowered a box on his property. He stated that it was Code Enforcement Supervisor Sinasek's belief that the City would not touch him if he made these changes. He believed that the permit that was issued in 1992 should be honored. In response to Mayor Edwards' questions, Mr. Ridgway indicated that it was his belief that he had an encroachment permit because he continues to pay $462 a year for it. Mayor Pro Tern O'Neil pointed out that Mr. Ridgway is represented by legal counsel. He indicated that there was a request for him to submit an alternate compromise and that the City never received it. Mr. Ridgway stated that his legal counsel feels that a proposed modification that would be satisfactory to staff should come from staff since they do not know what staff wants, however, Mr. Ridgway indicated that he is willing to make Volume 52 - Page 181 INDEX Oceanfront Encroachment/ 5501 Seashore Drive (65) City of Newport Beach City Council Minutes September 28, 1998 modifications. He pointed out that, if the Heimstaedts (new owners of 5503 Seashore Drive) feel that the part of the deck that is contiguous with their property is too close, he is willing to remove 3 or 4 feet of the deck closest to them. He has not made that offer yet because he is afraid that the City would indicate that the deck has been modified and, thereby, invalidate the permit. He requested some assurance that the City would consider the issue closed if he made modifications. In response to Mayor Edwards' question, City Attorney Burnham confirmed that the deck is a non - conforming encroachment and read a portion of the Council Policy which deals with oceanfront. encroachments (L -12). Council Member Debay stated that she believes the permit entitles him to a deck, however, pointed out that the problem is with its height. She also expressed concern with the potential liability since he has tenants occupying the property. Mr. Ridgway stated that the height has not changed since 1992 and added that his tenant has been in the house since 1982. In response to Council Member Hedges' comments, Mr. Ridgway indicated that he attended some of the oceanfront encroachments meetings. Cathy D'IcEhvain, 7927 Flight Place, Los Angeles, stated that she is Mr. Ridgway's daughter. She indicated that she knows that the deck does not comply with the height regulations, but noted that it was the exact height with the sand when it was built. Regarding the box, she stated that it is inside the property line and is movable. She indicated that Mr. Ridgway agreed when the Heimstedts requested that he remove a portion of the fence on his property so they could open their car doors onto his property. She also noted that he removed the railing and cut down the box at staffs request. Further, he is prepared to cut back the deck away from the Heimstedts' property if that would be satisfactory. She requested that this issue be resolved. She also pointed out that the pictures in the staff report are not representative of the deck because the sand was recently dug out around the deck and is normally not that low. Motion by Council Member Hedges to deny the appeal to retain the wooden deck along the ocean frontage at 5501 Seashore Drive. Council Member Hedges stated that the City must enforce the conditions and provisions of the Council Policy which memorializes oceanfront encroachments. Further, the deck has significant violations which can be rectified so that the owner can still maintain a deck. He indicated that it is probably time for the Planning and Building Departments to review the oceanfront encroachment provisions rather than just "wing it." Without objection, the motion carried by acclamation. 16. SANTIAGO DRIVE STATUS REPORT (Requested by Council Member Glover). Motion by Council Member Glover to reconsider Item 16. Without objection, the motion carried by acclamation. Steve Berger, 2001 Centella, stated that it has been about 4 or 5 months Volume 52 - Page 182 INDEX Santiago Drive (74) City of Newport Beach City Council Minutes September 28, 1998 INDEX since he met with Council to get a report done that would be presented to the OCTA and Costa Mesa. He stated that he hopes he is getting the best efforts out of Traffic Engineering and Public Works to have Costa Mesa and the OCTA look at Santiago Drive as something that needs to be remedied. Mr. Berger stated that he wanted to make sure that, before Costa Mesa comes back by the October 2 deadline, the City has done everything to get the support of Costa Mesa and OCTA to get the street fixed. Council Member Glover requested and received clarification from Public Works Director Webb that responding to any comments will be the next step after the City receives its response by October 2. Then, assuming the City has received a good consideration from Costa Mesa and the County, the City would formally request OCTA to accept the report and reclassify the street. He confirmed that staff believes that the County will support the proposal but that the indication is that Costa Mesa may be the one unknown. Council Member Glover stated that it would behoove the City to follow Mr. Berger's recommendation that the City work closely with Costa Mesa. Motion by Council Member Glover to receive and file the report. Without objection, the motion carried by acclamation. PUBLIC COMMENTS There were no public comments provided. CURRENT BUSINESS 19. THE PORT THEATER (Requested by Mayor Pro Tern O'Neil). David Ford, 2450 Duke Place, Costa Mesa, representing the Friends of the Port, stated that they would like to see something done to preserve the theater for the good of the community. He stated that they have a cooperative property owner who would also like to see the theater preserved. However, he indicated that there is a limit to how much the owner wants to come forward based on the offers he is receiving for more profitable alternative uses. He stated that there is proven community support through the successful petition drive and that they received a letter today from the Corona del Mar Business Improvement District stating their unanimous support of the theater. Mr. Ford stated that the volunteers are enthusiastic and are willing to pursue fundraising drives. He expressed the opinion that the beauty and rich history of the Port Theater is an asset and represents a lot of the best of Newport Beach. He stated that they are up against a sizable dollar amount to refurbish the theater and that they will be requiring more time. He requested that this issue be held for 60 days for them to return with information on their fundraising efforts and before Council puts dollar amounts to the project. Mr. Ford indicated that the owner, Scott Burnham, was out of town tonight. In response to Mayor Edwards' question regarding seismic retrofitting the building, Assistant City Manager Wood stated that it is not part of the unreinforced masonry building requirements. However, she pointed out that there are problems with the roof, air conditioning, and theater system. She Volume 52 - Page 183 Port Theater (52) City of Newport Beach City Council Minutes September 28, 1998 INDEX also noted that Building Code Title 24 does not require any ADA changes be made to the building. She stated that the reason the costs were high was that, in order for the theater, to be an economically feasible use in today's market, it would need to be separated into several rooms with more screens. She noted that one of those rooms would be upstairs in the balcony area. Mr. Ford stated that the group also talked about possibly receiving a low interest loan from the City or having the City match funds. Council Member Debay requested that Mr. Ford ask Mr. Burnham about the types of maintenance /repair he has done since he has been the owner. Mayor Pro Tem O'Neil expressed the opinion that the staff report is accurate in that there is a great deal of money that needs to be raised in order to make the theater an operational facility that someone would lease. He stated that he supports the cause, however, the problem is that the City is a public agency and cannot just give the public's money to a private business owner because he is in a difficult position unless the City receives some public benefit in return. Mayor Pro Tem O'Neil noted that the report talks about concessions and that there may be something that can be offered to get around the gift of public funds. Nevertheless, the City does not know how much of the $1.7 million Mr. Burnham is requesting and how much in concessions he is willing to offer the public in order to determine if it is worth it for the City to give money to the cause. Mayor Pro Tem O'Neil believed that it would be premature to take any action until the City receives sonic answers. Further, the City has no jurisdiction on the building if Mr. Burnham decides to do something with it. He indicated that the City has done all it can at this point. Mr. Ford stated that they will have a clearer understanding of Mr. Burnham's position in 60 days. He indicated that Mr. Burnham has expressed support of the Friends of the Port, has a limited time constraint, is receiving tempting offers, and is torn. Mr. Ford suggested that the theater also be used as an' open auditorium to help serve the needs of the community. Mayor Pro Tem O'Neil stated that he or- Mr. Ford can request that this item be put back on the agenda since he is not prepared to continue a matter that the City has no jurisdiction over. He stated that he would like Council to have staff continue working with Mr. Burnham and the Friends of the Port, and place it on the agenda at an appropriate time in the future. In response to Council Member Hedges' questions, Mr. Kiff confirmed that Landmark Theater left one week before the lease expired. He stated that he was unsure if Mr. Burnham tried to raise the rent during the last few months, but that it was his understanding that they were in the hole for several months and were not drawing enough customers to make their rent. Maxine Gaiber, 504 Fernleaf, stated that the Friends of the Port are requesting that Council not select one of the first 3 recommendations. However, she agreed that Council needs to look at the fourth recommendation but not put a "not to exceed" amount since all the possibilities for the theater are unknown. She stated that they are asking the City to be involved with discussions since the owner seems to be very Volume 52 -Page 184 City of Newport Beach City Council Minutes September 28, 1998 interested in maintaining the building as a theater. Maggie Sullivan, 1526 Newport Blvd., stated that there are 2,400 signatures on the petition (800 are residents) and that they also have the support of over 20 local businesses. She hoped that the non- resident signatures will not be discounted as it means there is very little to fill the theater's place if it is gone. Further, they are possible business for the City since they would like to come to the City if it was possible. She expressed the opinion that the Port is a potential attraction and that Orange County is looking at the City for leadership on this issue. Ms. Sullivan stated that alternative 4 would best answer the petition's request, however, she agreed that time is needed to educate both sides if the City is not ready. Mayor Pro Tem O'Neil stated that this is not an issue of support but an issue of whether Mr. Burnham wants to enter into a serious proposal to restore the theater, how much he is willing to invest, how much the City wants to spend on this effort, and if the City has the funds needed to support a theater when it is involved with the Balboa Theater. He reported that the owner of the Balboa Theater is willing to sell. Motion by Mayor Pro Tem O'Neil to remove this item from the calendar. Mayor Edwards stated that he hopes that., if this comes back, that the Friends of the Port would have a plan and a cost amount. Without objection, the motion carried by acclamation. 20. CITY COUNCIL COMMITTEES (Requested by Mayor Edwards). Understanding that he raised the question at the last meeting, Mayor Edwards stated that he may not be on Council when some of these committees meet and that he does not wish to impose his will on the rest of Council. Mayor Pro Tem O'Neil reported that the committee system was eliminated About six months ago and that he is unsure if Council allowed the process enough time to determine if they are needed. He stated that the committees were time consuming and that some of the items were reviewed again by Council after the committee met. He questioned if Council's time is being used efficiently. Mayor Pro Tem O'Neil stated that lie is leaning toward Council Member Debay's position to hold afternoon study sessions. He suggested receiving and filing the report since there is an upcoming election in which two new Council members will be elected. Council Member Glover agreed with conducting study sessions until the election. Council Member Noyes also agreed, believing that the most productive conversations Council has had is during closed sessions or study sessions, and that having staff and the public in attendance during study sessions is beneficial. Council Member Hedges believed that the committee system can work well if used properly, expressing the opinion that the system was being used for Volume 52 - Page 185 INDEX City Council Committees (24) City of Newport Beach City Council Minutes September 28, 1998 "forum shopping" Regarding resident attendance, he believed that it is irrelevant since Council is the representative of the residents. However, he believed the residents who did attend committee meetings had more influence than they would have in a meeting forum. Council Member Hedges believed the committees are also charged with memorializing Council policy and that, by the time the policy reaches Council from a committee, it is more workable. He expressed the opinion that Council should retain the committee system if they want to maintain a greater degree of influence in policy development. Otherwise, he believed that staff will do that for Council and then throw it out for Council to consume at a study session or meeting. He agreed that the new Council will have to deal with this issue and retain the authority and influence that they are elected to exercise. Tom Hyans stated that the committees are good vehicles. He stated that it was the practice in the early 1970's to have study sessions that started about 2 p,m. before each Council meeting. When an issue of substance was discussed that required some attention, an ad hoc committee was formed for that issue. He believed the demise of the study sessions happened by the former City Manager. He did believe that the problem with committee meetings was that the room was too small and unfriendly, but expressed the opinion that the committee meetings were an opportunity for the public to participate and get more informal with the Council members on the committee. He stated that, as an alternative, the study sessions are good as long as they are consistent, rather than the suggested quarterly study session. He suggested having them before every Council meeting. Regarding Mr. Hyans' comments, Council Member Debay clarified that having study sessions or committee meetings is the Mayors' choice not the city manager's decision. Mayor Edwards believed that good committee meetings serve a purpose, however, the necessity for six committees is another issue. Motion by Mayor Pro Tem O'Neil to receive and file the report Without objection, the motion carried by acclamation. 21. UNSCHEDULED VACANCY ON THE LIBRARY BOARD OF TRUSTEES. It was the consensus of the Council to appoint Robert Knox to serve the balance of Jay McGoodwin's unexpired term which expires on June 30, 2001. Mayor Edwards commented that the eight candidates were extremely qualified and that he would have been proud to have any one of them serve on the Board. ►ffN -9 1 Library Board of Trustees (24) S22. REPORT FROM THE CITY ATTORNEY REGARDING PROPOSED Alternatives for DELETION OF CERTAIN ALTERNATIVES FOR THE EL TORO El Toro Airport AIRPORT MASTER PLAN ENVIRONMENTAL IMPACT REPORT Master Plan EIR (EIR). (54) Mayor Edwards stated that Options F and G deal with the expansion of John Volume 52 - Page 186 City of Newport Beach City Council Minutes September 28, 1998 INDEX Wayne Airport (JWA) and are required in El Toro's environmental planning process. He remarked that the removal of F and G does nothing to limit the future expansion of JWA and is literally for public relations by those people who seek to eliminate the options. Further, the elimination is the beginning of a concerted effort by Supervisor Wilson and the El Toro Re -Use Planning Authority (ETRPA). He stated that residents received letters from ETRPA telling them why this Council should not move forward with promoting the El Toro planning process. He assured that, on several occasions, he, Council Member Hedges, and Mayor Pro Tern O'Neil sat with members of the City of Irvine to discuss this issue. He added that he has been approached by at least five individuals from South County all attempting to stop any attempt of promoting El Toro. He believed that eliminating F and G is part of a greater plan and recommended sending the letter to Citizens Advisory Committee Director Proctor, rather than Supervisor Wilson. Council Member Hedges stated that he has followed this matter closely and is tracking the Supervisor's promises to look out for the best interest of the citizens in the County. He expressed the opinion that his actions belie his words since he has engaged in a cynical conspiracy to undermine /destroy the City's way of life by propagating lies with ETRPA. Council Member Hedges stated that the Supervisor is now attempting to remove two alternatives in the EIR that evaluate the suitability of El Toro's commercial field. He believed that the gross expansion of JWA would substantially effect not only Newport Beach but Costa Mesa, Laguna Beach, Huntington Beach, Tustin, Orange, and Irvine. He noted that planes are currently flying over Laguna Beach. He emphasized that Supervisor Wilson's efforts are tainting Council's efforts to look after the best interests of the people of Newport Beach. He stated that the best thing people can do is support Council, noting that Council has remained unanimous on all El Toro Airport issues. He suggested writing or phoning Supervisor Wilson. Council Member Glover stated that, in Supervisor Wilson's newsletter, the Supervisor indicated that the reason he is putting the elimination of F and G on the Board of Supervisors agenda is because he is responding to Newport Beach constituents. She cautioned those constituents to beware of Supervisor Wilson trying to educate them that F and G should be eliminated. She reported that she chairs the Aviation Committee and has called a special meeting so that the City is represented when the LRA meets and when this comes before the CAC. She emphasized that the City does not intend to allow the elimination of F and G. She clarified that F and G is needed so that the EIR is not "botched" and that it is extremely important that the process continues with the CAC and LRA. An interference in this process could set back El Toro efforts and maybe stop it. Mayor Edwards assured that Council sent correspondence to Richard Dixon of Lake Forest (also chairs ETRPA) requesting to discuss El Toro issues. Council has yet to receive a response. Mayor Pro Tem O'Neil reported that F and G are proposals that would require the expansion of JWA to handle the future air transportation and cargo needs for the County, with no airport at El Toro. He noted that on the surface it may appear that eliminating the alternatives would be beneficial to the City, however, CEQA requires preparers of EIR's to look at all alternatives, even non - aviation alternatives. He stated that eliminating Volume 52 - Page 187 City of Newport Beach City Council Minutes September 28, 1998 F and G in the EIR will make it defective and invalid in litigation. The efforts to have an airport at El Toro will be thwarted. He reported that the passenger count at JWA will increase to about 24 million and will require the acquisition of a tremendous amount of property around JWA. This will also impact the surrounding cities. Motion by Mayor Edwards to authorize the Mayor to execute a letter to Citizens Advisory Committee Director Proctor expressing the City's position. Without objection, the motion carried by acclamation. 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. City Attorney Burnham clarified that Ordinance No. 98 -23 would amend the Municipal Code to require the City Manager to initiate prompt legal review of any denial of adult business permits. He explained that this is an amendment to the ordinance necessitated by a recent decision of the Ninth Circuit Court of Appeals. Motion by Mayor Pro Tern O'Neil to adopt Ordinance No. 98 -23 as an emergency measure to become effective upon adoption. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None ADJOURNMENT — 9:14 p.m. rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr The agenda for the Regular Meeting was posted on September 23, 1998, at 3:30 p.m. and the Supplemental Agenda was posted on September 25, 1998, at 3:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 - Page 188 INDEX Emergency Ord 98 -23/ Adult Entertainment Establishments (27)