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HomeMy WebLinkAbout06/12/1989 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS •f, �f. REGULAR COUNCIL MEETING � ®I PLACE: Council Chambers TIME: 7:30 P.M. ona i cei F 0 DATE: June 12, 1989 MINUTES INDEX Mayor Strauss presented Certificates of Appreciation and Cash Prize Awards to winners of the 9th ANNUAL CITY OF NEWPORT BEACH LITTER POSTER CONTEST for Elementary School Children. Certificates of Appreciation were also presented to Matthew Prince and Lasse Holmes for their heroic and selfless efforts in the rescue of Manuel Herrera from the 10th Street beach surf on Saturday, May 27, 1989. Present x x x x x x x A. ROLL CALL. Motion x B. Reading of Minutes of Meeting of May 22, All Ayes 1989, was waived, approved as written, and ordered filed. Motion x C. Reading in full of all ordinances and All Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Strauss opened the public hearing Ord 89 -14 regarding proposed ORDINANCE No. 89 -14, Zoning being, Satellite Dish Ant AN ORDINANCE OF THE CITY COUNCIL OF (94) THE CITY OF NEWPORT BEACH ADDING ® CHAPTER 20.75 REGULATING SATELLITE DISH ANTENNAS TO THE NEWPORT BEACH MUNICIPAL CODE [PLANNING COMMISSION PCA 628 AMENDMENT N0. 6281, was presented with report from the City Attorney. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to reintroduce Ordinance All Ayes No. 89 -14, and pass to second reading on June 26, 1989. 2. Mayor Strauss opened the public hearing GPA 89 -1(1 regarding: (45) GENERAL PLAN AMENDMENT 89 -1(F) - Request to amend the Land Use Element of the Newport Beach General Plan to increase the General Plan Intensity Limit for Koll Center Newport Industrial Sites 1 and 2 by 39,000 square feet in order to allow the construction of a 65,000 square foot office building, and the acceptance of an Environmental Document. Property located at 4311 Jamboree Road, on the westerly side of Jamboree Road Volume 43 - Page 227 :7 0 CITY OF NEWPORT BEACH June 12, 1989 MINUTES between MacArthur Boulevard and Birch Street; zoned P -C; AMENDMENT NO. 677 - Request to amend the Koll Center Newport Planned Community District Regulations so as to combine Industrial Sites 1 and 2 into Light Industrial Site 1, increase the development entitlement in Light Industrial Site 1 by 39,000 square feet and increase the allowed building height to 55 feet, so as to allow the construction of a 65,000 square foot office building; TRAFFIC STUDY NO. 56 - Request to approve a traffic study to allow the construction of a 65,000 square foot office building on Koll Center Newport Industrial Site 1; RESUBDIVISION NO. 892 - Request to resubdivide two existing lots into a single parcel of land. Report from the Planning Department. Council Member Sansone stated due to a possible conflict of interest on this item, he will excuse himself from the meeting. Council Member Watt indicated she did not have any objections to the proposed increase of 39,000 sq. ft. being added to the Rockwell Corporation; however, she was opposed to the proposed total square footage for Koll Center Newport, and the increase in average daily trips as a whole. Inasmuch as the General Plan was just updated last October, she felt the Council should not allow increases above what was approved in that General Plan update. Patrick Allen, Architect for the applicant, addressed the Council and stated that the question of the overall square footage of Koll Center Newport and its relationship to the Rockwell site is one of property ownership, and it would be very difficult for Rockwell to approach other property owners to seek additional footage. Volume 43 - Page 228 PCA 677 Tfc Stdy 56 892 [I 'I,I Ayes Noes Absent • CITY OF NEWPORT BEACH L xI JxIxlxIIx MINUTES June l2, 1989 In response to comments made by Council Member Watt regarding the total square footage for Koll Center Newport, the Planning Director referenced Page 6 of the staff report, wherein it was noted that 985,365 sq. ft. was the estimated total square footage of growth for statistical area L4, and only sites 1 thru 9 were located in Koll Center Newport. It was further explained that of these 9 sites, only Retail and Service Site 1 had any appreciable development rights remaining and that a General Plan Amendment had been initiated on this site to convert the Plaza de Cafe's use to office space on a trip for trip basis. Council Member Turner stated he felt the proposed use would be compatible with the area, and therefore, moved to: Adopt Resolution No. 89 -41, approving General Plan Amendment 89 -1(F) and accepting the Environmental Document; and adopt Resolution No. 89 -42, approving Planning Commission Amendment No. 677, amending Koll Center Newport Planned Community District Regulations; and sustain the action of the Planning Commission regarding Traffic Study No. 56 and Resubdivision No. 892; In response to an earlier concern expressed by Council Member Watt regarding the Bristol Corridor, Council Member Cox advised that the Orange County Transit District has just completed a $50,000 study on the Corridor and have plans to spend $250,000 on an environmental impact report. Mayor Strauss stated he will not support the motion, inasmuch as the Council just updated the General Plan last fall, and feels they should "live by that plan before adding to it," in light of the City's traffic situation. The motion was voted on and carried. Council Member Sansone resumed his chair at this time. 3. Mayor Strauss opened the public Hearing pursuant to Newport Beach Municipal Code Volume 43 - Page 229 GPA 89 -1(F) Res 89 -41 Res 89 -42 PD/ Towing (70) [WOT-1 0 Motion All Ayes u CITY OF NEWPORT BEACH MEMBERS tPA y O ¢ A June 12, 1989 x MINUTES Section 5.13.140 to consider adoption of resolutions approving rate increases for: HARBOR TOWING 964 W. 17th Street Costa Mesa, CA 92627 AND G & W TOWING, INC. 955 W. 18th Street Costa Mesa, CA 92627 Report from Business License Supervisor. The City Manager summarized the requests, noting that the rate increase being requested represents an average increase of eight percent (8 %) above existing rates. Both companies have requested the addition of a category to accommodate the towing of motorcycles built with fiberglass cowling and flaring, etc., that cannot be towed with conventional equipment. The Police Department has reviewed the requested rate increases and has indicated their approval. He also pointed out a typograhical error for the towing of a motorcycle which was corrected to read $68, rather that $63. Representatives of G & W Towing and Harbor Towing were in attendance and indicated they were available for questions. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 89 -43 approving rate increase for HARBOR TOWING; and adopt Resolution No. 89 -44 approving rate increase for G & W TOWING, INC. 4. Mayor Strauss opened the public hearing regarding PRELIMINARY BUDGET AND PROPOSED EXPENDITURES FROM THE FEDERAL REVENUE SHARING FUNDS ($14,080 FOR CITY HALL IMPROVEMENTS) FOR FISCAL YEAR 1989 -90, pursuant to Section 1102 of the Newport Beach City Charter. Checklist of Budget Items. Reports from Parks, Beaches and Recreation Director concerning Reserve Funds for Culture and Arts; and Funding Request - Orange Coast College Sailing Base. Volume 43 - Page 230 Harbor Towing G & W Towing Res 89 -43 Res 89 -44 Budget/ FY °89 -90 (40) CITY OF NEWPORT BEACH MINUTES the June 12, 1989 J All Ayes All Ayes All Ayes All. Ayes Ayes x x x x Noes x x x All Aye,s All Ayes All Ayes All Ayes All Ayes 40 All Ayes The City Clerk advised that after the agenda was printed, a letter was received from Thomas E. Hyans regarding the 19th Street restrooms. The City Council straw -voted the 1989 -90 Budget Checklist as follows: City Council Word Processor $ 800 Bond Issue and Sale of Property 30,000 The above item was not included in the budget at this time. Nondepartmental Summer Concerts (Arts Com- mission) 45,000 Staff to provide City Council with further information on the above. Emergency Supplies 35,000 Planning Code Enforcement Officer 29,870 Health & Life Insurance 3,880 Worker's Compensation & Unemployment Insurance 420 Chair 250 Desk 600 2 -door Sedan 10,500 Goldenrod & Newport Island Bridge Repairs 30,000 McFadden Square Parking .Lot 103,000 Street Repair Study 25,000 Repair of Corona del Mar Alleys 110,000 Underground Work on Pacific Coast Highway/ Corona del Mar 28,000 $14,000 to come from donations. Widening Pacific Coast Highway & Modifying City Entrance in conjunction with Santa Ana' River Bridge construction 250,000 Volume 43 - Page 231 Budget/ FY'89 -90 CITY OF NEWPORT BEACH '"�► s co June 12, 1989 All Ayes All Ayes x x x x x x x All Ayes All Ayes Ayes Motion All Ayes Motion All Ayes • x x MINUTES City Hall Landscape $ 5,000 Inspiration Point Landscape 23,000 Park Land Acquisition Reserve 110,000 Replacement of Helicopter 175,000 Reserve Fund for Culture & Arts Corona del Mar Baroque Festival 2,500 Newport Harbor Art Museum 33,000 Newport Theatre Art Museum 3,500 Orange County Philharmonic Society 3,500 South Coast Repertory Theatre 6,500 Opera Pacific 5,000 South Coast Symphony 1,000 55,000 Staff was requested to furnish additional background information on the above oganizations; it was also suggested that a "set amount" be placed on this reserve fund in the future. Water Connection - Pacific Coast Highway 25,000 Hearing no one wishing to address the Council, the public hearing was closed. Staff directed to prepare a resolution formally adopting the Fiscal Year 1989 -90 Budget. E. PUBLIC COMMENTS: None. IF. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on June 26, 1989: (a) Proposed ORDINANCE NO. 89 -15, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 7.06.020 AND 7.16.070 OF THE NEWPORT BEACH MUNICIPAL CODE Volume 43 - Page 232 Budget/ FY'89 -90 (70) 89 -15 al Cntr U C • CITY OF NEWPORT BEACH MINUTES 0 � June 12, 1989 PERTAINING TO PENALTIES FOR ANIMAL CONTROL VIOLATIONS. [Report from Business License Supervisor) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89 -45 authorizing the Chief of Police or his designee to TEMPORARILY CLOSE SEASHORE DRIVE, NEWPORT BOULEVARD AND /OR BALBOA BOULEVARD DURING THE FOURTH OF JULY HOLIDAY. (Report from City Attorney) (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. (d) Removed from the Consent Calendar. (e) Removed from the Consent Calendar. (f) Resolution No. 89 -46 adopting CODE OF CIVIL PROCEDURE SECTION 1094.6. (Report from Assistant City Attorney) (g) Resolution No. 89 -47 adopting the proposed LAW ENFORCEMENT /PUBLIC WORKS COMMUNICATIONS SYSTEM. (Report from City Manager) 3. CONTRACTS /AGREEMENTS: (a) Authorize Mayor and City Clerk to execute AGREEMENT REGARDING TRANSFER OF MARINAPARK MOBILEHOME SPACE NO. 3 -A to John K. and Shirley McDaniel. (b) Authorize the City Manager to enter into separate agreements retaining John D. Zbysenski and Ray Esposito as temporary part time employees to provide CONSTRUCTION INSPECTION SERVICES TO WIDEN PACIFIC COAST HIGHWAY. (Report from Public Works Department) (c) Authorize the City Attorney to execute the SETTLEMENT AGREEMENT (CONTRACT 2740) between the City and B -1 Enterprise Corporation; and direct staff to combine PHASE II IMPROVEMENTS WITH PHASE III OCEAN FRONT SIDEWALK REPAIR project which is planned for the 1989/90 Fiscal Year. (Report from Public Works Department) Volume 43 - Page 233 Permits/ Street Closure/ 4th July Res 89 -45 (65) C /Aty Res 89 -46 (31) PD /Law Enfrcm /PW Cmctns Sys Res 89 -47 (38)C-2755 Marinapark MH Sp3 -A Tsfr C -2754 (38) PCH Widng/ Npt Bl- Highland C -2591 (38) PhII /III OcnFrnt Sdwlk Rpr C -2740 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS \t1\N\0\06 C O 0�p � June 12, 1989 ❑I C 4 (d) Authorize the City Manager to execute an AGREEMENT FOR ACQUISITION OF LEASEHOLD INTEREST in real property from DE ANZA NEWPORT MOBILE ESTATES for $984,700; and authorize the acceptance of a Grant Deed and Quitclaim Deed for the leasehold interest. (Report from Public Works Department) MINUTES (e) Approve an IMPROVEMENT AND MAINTENANCE AGREEMENT FOR CONDITIONAL USE PERMIT NO. 3286 AND RESUBDIVISION NO. 887 WITH THE . ORANGE COUNTY TRANSIT DISTRICT providing for the future construction of improvements along the MacArthur Boulevard frontage and construction and maintenance of the northerly bus entrance located on Avocado Avenue; and authorize the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) (f) Authorize the Mayor and City Clerk to execute an AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT (OCSD) to include improvement to the Bayside Drive Trunk Sewer under the City's PACIFIC COAST HIGHWAY WIDENING PROJECT (PHASE II- CONTRACT 2711); and REHABILITATION PROJECT (CONTRACT 2703). (Report from Public Works Department) COMMUNICATIONS - For referral as indicated: (a) To Marine Department for reply, letter from Dr. Roger Hsiao regarding his suggestions for free REPAIR OF PIERS. (b) To Utilities Department for inclusion in the records, resolution of the Board of Directors of the Fullerton Chamber of Commerce affirming their position that the most effective and efficient means to process compatible WASTE WATER TREATMENT is through the centralized Orange County Sanitation District System. (c) Removed from the Consent Calendar. Volume 43 - Page 234 DeAnza Npt Mbl Eats/ Acq Prpty (73) Resub 887/ Mntnc Agm (84) PCH Wdng/ PhII /OCSD C -2711 (38) Marine Dpt (51) Utilities (89) 0 E • CITY OF NEWPORT BEACH EMBERS MINUTES 4 9 G prof � �df June 12, 1989 INDEI (d) To Public Works for response, PW letter from Harold G. Polley with (74) suggestions from WEST NEWPORT BEACH homeowners for an approved development plan for all street -ends from 37th Street to the Western City limits; and the boardwalk from 36th Street. (e) To Business License /Police Permits Department /Police Explorers for (65) inclusion in the records, letter from Ford Aerospace expressing thanks and appreciation for the City's support during the FORD AEROSPACE ANNUAL SPRING TUNE -UP RUNS. (f) To City Manager for reply, letter from C /Mgr Gayle Vandermast Vierling (34) suggesting the City recommend preservation of Urbanus Square /Buffalo Ranch buildings (corner of MacArthur Boulevard and Ford Road) to the City of Irvine. (g) To Traffic Affairs Committee for TAC response, questionnaire mailed by (85) J. M. Rabun, and submitted by Barry J. Walshe regarding ONE -WAY STREETS FOR OLD CORONA DEL MAR. (h) To Public Works Department for Permits report back, letter from Dale Waldo (65) requesting an appeal to the denial of ENCROACHMENT PERMIT at 33 Bodega Bay Drive, Corona del Mar, McLean residence. (i) To Parks, Beaches and Recreation PB &R Department for response, letter from (62) Madeline P. Lottes regarding the "preponderance" of VOLLEYBALL COURTS ON THE BEACH. (j) Removed from the Consent Calendar, (k) Removed from the Consent Calendar. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: Volume 43 - Page 235 M U , n-AM411 June 12, 1989 (a) Dewain Campbell by Allstate Insurance Company for property damage to vehicle as a result of collision with City automobile on March 23, 1989, on Via Lido. (b) Harry J. Farason seeking reimbursement for 210 feet of 7/18 nylon line which was cut in error by City Marine Department on May 26, 1989, at Shore Mooring. MINUTES Campbell Farason (c) Robert D. Furo, Jr., alleging false Furo, Jr. arrest, emotional distress, general and special economic damages as a result of being arrested by City Police Department on February 18, and released on February 21, 1989. (d) Ned Marr alleging his car towed in error on April 27, 1989 from 44th and Seashore and personal belongings were stolen. (e) Kimberly V. Wade for property damage to her vehicle, alleging that while at stop light on Jamboree Road, fire truck making right turn at yield sign sideswiped passenger side of her vehicle on March 11, 1989. For rejection: (f) Removed from the Consent Calendar - LATE CLAIM of T. J. Abshier. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Santiago Campos for damages, battery and negligent employment during the course of arrest on June 5, 1988, Orange County Superior Court Case No. 585379. 8. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Assistant Code Enforcement Officer, Planning Department. (b) One Recreation Superintendent, Parks Beaches and Recreation Department. (c) One Sprinkler System Technician, Parks Division. Volume 43 - Page 236 MAVAIrelaly, 1471201 k MINUTES Harbor Perm Apli 259 -1 Collins Is (51) GPA 89 -1 (G) (45) PCA 676 '88 -89 St Rsrfcg Prg Rcnstr Anvsry Ln C -2708 (38) Resub 616 (84) Variance 1148 (91) �. * C, f �� �� June 12, 1989 ®LL CALL (d) One Refuse Worker I, Refuse Division. (e) One Assistant /Associate Planner, ® Planning Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Memorandum from Marine Department requesting HARBOR PERMIT APPLICATION #259 -1 COLLINS ISLAND, be deferred pending input from Tidelands Affairs Committee. 10. PUBLIC HEARING SCHEDULING - July 24, 1989: (a) GENERAL PLAN AMENDMENT 89 -1(G) - Request to amend the Circulation Element of the Newport Beach General Plan so as to establish a precise alignment for the connection of Mesa Drive to Birch Street in Santa Ana Heights; and the acceptance of an Environmental Document; AND PLANNING AMENDMENT NO. 676 - Request to amend the Santa Ana Heights Area Plan so as to establish a precise alignment for the connection of Mesa Drive to Birch Street. (Report from Public Works Department) 11. 1988 -89 STREET RESURFACING PROGRAM AND RECONSTRUCTION OF ANNIVERSARY LANE (CONTRACT 2708) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from Public Works Department) 12. RESUBDIVISION NO. 616 - Authorize the City Clerk to release the Faithful Performance Bond and Labor and Materials Bond (Bond No. 5785374); located at 1600 East Coast Highway, between Jamboree Road and Newport Center Drive. (Report ® from Public Works Department) 13. VARIANCE NO. 1148 - Approve a variance agreement guaranteeing completion of the public improvements required with Variance No. 1148; located at 3127 West Volume 43 - Page 237 Harbor Perm Apli 259 -1 Collins Is (51) GPA 89 -1 (G) (45) PCA 676 '88 -89 St Rsrfcg Prg Rcnstr Anvsry Ln C -2708 (38) Resub 616 (84) Variance 1148 (91) i E CITY OF NEWPORT BEACH MINUTES 0 to �� June 12, 1989 Coast Highway between Newport Boulevard and Riverside Avenue in Mariners Mile; and authorize the Mayor and City Clerk to execute the agreement. (Report from Public Works Department) 14. OFF -SITE PARKING AGREEMENT - Acceptance of an Off -Site Parking Agreement with EDWARDS THEATRES CIRCUIT, INC., Newport Beach, to provide the required off - street parking spaces in conjunction with USE PERMIT NO. 1527 (AMENDED), which permitted the expansion of the existing Edwards Theatre complex located at 300 Newport Center Drive, Newport Center. (Report from the Planning Department) 15. SPECIAL EVENTS APPLICATIONS: Uphold staff's recommendation for approval, subject to conditions in the staff reports, for the following: (a) Application No. 89 -107 - Big Canyon Country Club public fireworks display, 4th of July party, July 4, 1989 at 9:00 P.M. U/P 1527 (A) /of st Pkg Agm C -1579 (38) Permits/ Spcl Evnts (65) Apli#89 -107 (b) Application No. 89 -129 - Apli#89 -129 Newport Dunes Aquatic Park public fireworks display, 4th of July Celebration, 1131 Back Bay Drive, July 4, 1989, 8:00 -- 10:00 P.M. (c) Application No. 89 -138 - Newport Ocean Lifeguards use of public beach, 2 mile ocean swim, Balboa Pier to Newport Pier, July 9, 1989, 8:30 a.m. •- Noon. (d) Application No. 89 -164 - Burton Sirota for amplified sound in a residential area, wedding reception, 2025 Yacht Defender, July 29, 1989, 5:30 •- 9:30 p.m. (e) Application No. 89 -193 - Mr. and Mrs. Thomas Jones for amplified sound in a residential area for family graduation party, 717 Orchid Avenue, June 16, 1989, 5:00 - 11:00 P.M. Volume 43 - Page 238 089-138 164 193 ❑I II • CITY OF NEWPORT BEACH MINUTES 0 Zia June 12, 1989 16. BUDGET AMENDMENTS - For approval: BA -068, $365 - Transfer in Budget Appropriations to provide for purchase of chair to replace Risk Manager's broken chair; Personnel- Furniture and Fixtures Fund. BA -069, $5,050 - Transfer in Budget Appropriations to replace personal computers beyond repair; Finance - Office Equipment (Administrative and Accounting and Data Processing) Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the City Attorney regarding proposed ballot measure pertaining to the sale of City -owned property, together with the proposed resolutions as follows: Resolution CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION to be held in the City of Newport Beach on Tuesday, November 7, 1989, for submission to the qualified electors of Newport Beach a MEASURE RELATING TO THE SALE OF WATERFRONT PROPERTY AT 4210 RIVER AVENUE; Resolution asking the Board of Supervisors of the County of Orange to CONSOLIDATE A SPECIAL MUNICIPAL ELECTION to be held on November 7, 1989 WITH THE STATEWIDE SCHOOL DISTRICT ELECTION to be held on that date all pursuant to Section 2302 of the Elections Code; Resolution authorizing and requesting the Board of Supervisors of Orange County to CANVASS THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION to be CONSOLIDATED WITH THE STATEWIDE SCHOOL DISTRICT ELECTION to be held on November 7, 1989; Resolution authorizing the Mayor to FILE WRITTEN ARGUMENT IN SUPPORT OF A CITY MEASURE PERTAINING TO THE SALE OF PROPERTY AT 4210 RIVER AVENUE. The City Clerk advised that after the agenda was printed, letters were received.from Mr. and Mrs. D. Borthwick and Joseph C. Shirer in opposition to the proposed sale of property. Volume 43 - Page 239 (25) Election/ Spcl Muni 4210 River (39) Motion All Ayes Motion L' All Ayes • CITY OF NEWPORT BEACH 0 A l� G�d9 June 12, 1989 x MINUTES Motion was made to refer the foregoing items to the Parks, Beaches and Recreation Commission for report back on July 24, 1989. Jack Alward, 4208 River Avenue, addressed the Council and urged the subject property be left as open space. He stated the subject parcel was once a 11weed lot," but with the help of neighbors in the area, the property has been improved with trees, plants, etc. He distributed pictures of the site prior to any landscaping. The motion on the floor was voted on and carried. 2. Letter from Dr. Jan D. Vandersloot, M.D., regarding the recent adoption of Resolution No. 89 -31 and its adverse affect on 16TH STREET TRAFFIC. x1 Motion was made to refer this item to the Public Works Department for response, with carbon copy of the response to City Council. Council Member Watt stated that the residents on 16th Street felt there could be additional impacts of traffic when Route 55 is brought down to Industrial Way; and therefore, are requesting assistance from Newport Beach and Costa Mesa to assure that 16th Street will not become a thoroughfare similar to 17th Street. She indicated she felt this subject needed further review and would be bringing this item back at a future study session. The motion;on the floor was voted on and carried. 3. Letters from Environmental Quality Affairs Citizens Advisory Committee in support of CURB -SIDE RECYCLING ITEMS SUCH AS ALUMINUM, PLASTIC AND GLASS, and suggesting the City fund a pilot recycling program; and recommending that the City of Newport Beach use RECYCLED PAPER FOR ALL CITY PAPER NEEDS, and that official City letterhead have the words, "printed on recycled paper." Council Member Watt, Liaison on the Environmental Quality Affairs Citizens Advisory Committee, stated she wanted to make sure the community was aware that the City was not "complacent" about the Volume 43 - Page 240 Election (74) (44) Sry LL CA II Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH MEMBERS G 0 \*6\20% 0 �9A June 12, 1989 MINUTES recycling issue, and that the subject is being considered. She stated that she felt the City should use every available public relations mechanism to encourage more curb side newspaper recycling, and in addition, publicize where residents can deposit their recyclable aluminum cans, etc. The Committee is also requesting the City to consider using recycled paper for all City needs. Council Member Sansone noted that the City has a contract with Garden State Paper Company at a "fixed" price for recycling newspapers collected at the curb; and therefore, felt that organizations such as churches, Boy Scouts, etc., who do not have a contract with a recycling company may find it uneconomical to continue to collect newspapers. Council Member Hart stated that in speaking with some residents of the State of Oregon recently, she learned that their recycling can and bottle bill at 100 per item continues to work very well, and she would urge the Environmental Quality Citizens Advisory Committee to pursue State Legislation to increase the 1c, which presently exists in California. x There being no further comments, motion was made to refer the letter from the Environmental Quality Affairs Citizens Advisory Committee regarding recycling items such as aluminum, etc., to General Services Director for report back. x Motion was made to refer the letter from the Environmental Quality Affairs Citizens Advisory Committee regarding using recycled paper for all City needs, to the Purchasing Manager for report back. 4. Late Claim of T. J. Abshier alleging sea water came through bulkhead and flooded his yard and under his house, damaging floor furnaces, etc. at 112 S. Bay Front, Balboa Island between January - June, 1988, as a result of work done under Public Works contract. Volume 43 - Page 241 General Sry Recycling (36) CITY OF NEWPORT BEACH COUNCIL MEMBERS \11\\\6 4 pp �tf� June 12, 1989 T 5711 Motion x Council Member Watt stated she felt All Ayes there were unusual circumstances involved with the subject claim; and therefore, moved to refer said claim to the City Attorney for a report back on ® June 26, 1989. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Proposed ORDINANCE NO. 89 -9, being, Ord 89 -9 Marine AN ORDINANCE OF THE CITY COUNCIL OF Recreatnl/ THE CITY OF NEWPORT BEACH ADDING Vessel CHAPTER 11.17 TO THE NEWPORT BEACH Launching MUNICIPAL CODE PROHIBITING THE (51) OPERATION AND LAUNCHING OF VESSELS ALONG THE PACIFIC OCEAN, was presented for second reading with report from the City Attorney. Letter from Bunty Justin suggesting ban on jet skis. Letter from Central Newport Beach Community Association opposing the creation of a "corridor" or special ® approved site for launching jet skis. Letter from Balboa Peninsula Point Association urging "no vote" for any ocean front launching of jet skis. The City Clerk advised that after the agenda was printed, a letter was received from Catherine Martin in support of designating a launching area for jet skis. The City Manager commented that the subject ordinance was modified and introduced at the May 22, 1989 City Council meeting, and prohibits the launching of vessels, except in those areas designated by resolution of the City Council, which resolution has yet to be adopted.' It was pointed out that staff supports establishing a special launch site in the area 300 feet north and south of the Newport Pier. Use of this area as a a' launch site /access corridor would be limited to morning and evening hours during the summer months, with the maximum speed of vessels restricted to 5 miles per hour. Volume 43 - Page 242 CITY OF NEWPORT BEACH MINUTES n 4 7 y9� C� �j► June 12, 1989 The following persons addressed the Council in support of the subject ordinance: John Snelgrove, 408 San Bernardino Avenue John S. Lindsey, 801 Kings Road Steven Farwell, 2426 22nd Street Mike Marshall, 2474 Santa Ana Avenue Tom Pratt, representing Surfrider Foundation Nancy Skinner, 1724 Highland Drive The following persons addressed the Council, and requested a designated vessel launching area: Gene Kraus, 6502 W. Ocean Front Gerard. Schnuerer, 6406 W. Ocean Front Andrew Rudolph, 1555 Mesa Verde Andy Kirker, 222 Newport Blvd. Catherine Martin, 1928 W. Ocean Front The City Attorney explained that the Harbors and Navigations Code does restrict the City's power to regulate vessels; however, the City does have the ability to establish speed zones, and special use zones. He added that there is nothing in the Harbors and Navigations Code that suggests the City has the power to distinguish between the various types of vessels. He stated that since the subject ordinance does permit the operation of the Dory Fleet north of Newport Pier, this was a factor that motivated staff in looking at a vessel launch corridor north of the pier. He also stated that the jet skiers do not like the 1,000 feet special use zone between the shore line and the ocean, as set forth in the proposed ordinance, and the surfers do not like the idea of permitting jet skis to be launched through the ocean, but if there is no launch site, it could result in more vessel launching from bay beaches which he felt would increase the number of vessels in the harbor, as well as noise in residential areas. He felt that establishing a launching corridor would help eliminate the problems the lifeguards are experiencing with wave jumping by jet skis and possibly other vessels. He stated that if the Council Volume 43 — Page 243 Marine Recreatnl Vessel Launching COUNCIL MEMBERS Qy 61%\\P40P v C Motion All Ayes Motion Ayes x x E—M,®1©1 CITY OF NEWPORT BEACH x x x MINUTES June 12, 1989 decides to designate an access corridor, and it is found to cause problems, the resolution establishing that corridor can be rescinded at any time and the corridor closed. Council Member Turner asked the City Attorney if the City has any obligation under the Coastal Act to provide equal access to the coast for this type of recreation. The City Attorney responded that it is the State Department of Boating and Waterways that has to review the proposed ordinance, which was sent to them last week, and as of this date, he has not received any comments back from the State. In response to question raised by Council Member Sansone regarding the possible launching of jet skis near Inspiration Point in Corona del Mar, Kendall Jacobsen of the Marine Department commented that it would be difficult to launch on the other side of Buck Gulley because of the rocks. Mr. Jacobsen added that Corona del Mar State Beach and Buck Gulley are protected swimming areas maintained by swimming lines, floats and signs advising that boats are not allowed. Council Member Watt stated she felt the Newport Pier area proposed for a launching corridor would be incompatible with fishermen on the pier, as well as people dining on the pier, and families enjoying the beach, etc. She was also concerned with enforcement of the morning launching hours should an access corridor be established. With respect to how other jurisdictions are handling the jet ski issue, the City Manager advised that Huntington Beach State Park, Seal Beach, Laguna Beach, San Clemente, and County of Orange all prohibit the launching of jet skis through the ocean front. Hearing no further comments, motion was made to adopt Ordinance No. 89 -9. Motion was made to direct the City Attorney to prepare a resolution x designating a launching corridor for the area north of Newport Pier, which motion FAILED. Volume 43 - Page 244 Marine Recreatnl Vessel Launching RES 89- 9 eion • X CITY OF NEWPORT BEACH MINUTES C 4 9A June 12, 1989 J. CURRENT BUSINESS: 1. NOMINATIONS TO BOARDS AND COMMISSIONS FROM APPOINTMENTS COMMITTEE (for appointment on June 26, 1989): Motion was made by Mayor Pro Tem Plummer, Chairman of the Appointments Committee, to confirm the following nominations: BOARD OF LIBRARY TRUSTEES 1. C. Ben Jackson and Sally Schroeder (Seat now held by C. Ben Jackson) CITY ARTS COMMISSION 1. Sara Blatterman and Jane Piasecki (Seat now held by Sara Blatterman) CIVIL SERVICE BOARD 1. Paula Godfrey and Joseph De Ladurantey (Seat now held by Hilbert Carson) PARKS, BEACHES AND RECREATION 1. Pete Compton and William Sharp (Seat now held by Clyda Brenner) 2. Gale Demmer and Michael McNalley (Seat now held by Diana Springer) PLANNING COMMISSION 1. Thomas Edwards and Anita Meister -Boyd (Seat now held by Thomas Edwards) 2. Janine Gault and Pat Hollander (Seat now held by Joan Winburn) Council Member Cox added the name of Hilbert Carson to the list of nominees for the Civil Service Board seat currently being held by Mr. Carson. Council Member Cox also added the name of Norma Glover to the list of nominees for the Planning Commssion seat currently being held by Joan Winburn. Volume 43 - Page 245 Commsns [jl All Ayes • CITY OF NEWPORT BEACH June 12, 1989 There being-no objections to the above, the motion was voted on and carried. Meeting adjourned at 10:25 p.m. ATTEST: The agenda for this meeting was posted on June 8, 1989 at 8:40 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. BMW M�.,, -,.� Volume 43 - Page 246