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HomeMy WebLinkAbout11/22/1982 - Regular MeetingPresent Absent Dion s Abstained Motion All Ayes Motion All Ayes CITY OF NEWPORT BEACH L ME B RS REGULAR COUNCIL MEETING tP�'!ly PLACE: Council Chambers .Q TIME: 7:30 P.M. DATE: November 22, 1982 x x x x x X x x x x x x x x X x X A. ROLL CALL. MINUTES B. The reading of the Minutes of the Meeting of November 8, 1982, was waived, approved as written and ordered filed. C. The reading of all.ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the public hearing regarding GENERAL PLAN AMENDMENT 82 -1(H), an amendment initia ed by the City of Newport Beach which updates the program objectives and reflects implementation pro- gress since the adoption of the Housing Element. Report from the Planning Department, was presented. Council Member Maurer entered the meeting, and took his seat at this time. The City Manager summarized the 9 (nine) objectives recommended by the Planning Commission. He stated that, following approval by the Planning Commission, a letter was received from the State Department of Housing and Community Development, dated October 15, 1982. As a result of said letter, an additional amendment is being recommended for Council considera- tion identified as Exhibit "B" in the staff report, which basically requires the City to refer to proper agencies, all complaints transmitted to the City regarding discrimination in the sale and resale of housing in Newport Beach. Hearing no one wishing to address the Council, the public hearing was closed. Notion was made to adopt Resolution 82 -153, approv- ing General Plan Amendment 82 -1(H), including Exhibits "A" and "B." 2. Mayor Heather opened the public hearing regarding ORDINANCE NO. 82 -30, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING CHAPTER 45, SECTIONS 010 THROUGH 090 THERETO ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE ADOPTION OF DEVELOPMENT AGREEMENTS. Report from the Planning Department, was presented. Volume 36 - Page 322 GPA 82 -1(H) (45) Ord 82 -30 Dvlpm Agms (68) Bldg (26) COUNCIL M • • Motion All Ayes u CITY OF NEWPORT BEACH MINUTES November 22, 1982 Mayor Pro Tem Hart questioned whether the ordinance should include language pertaining to the transfer or assignability of property ownership. The City Attorney advised that he did not feel it was necessary to include the language in the ordi- nance, as it could be covered in the specific devel- opment agreement. Council Member Strauss suggested an amendment to Section 15.45.010 - Purpose, which he read as follows: "The ordinance shall be used only after the most careful consideration since it limits the authorit} of future City Councils to react to changed condi- tions." Council Member Cox indicated he felt the language should be placed in a more appropriate section of the ordinance rather than under "Purpose." The City Attorney suggested consideration be given to a City Council Policy with respect to development agreements, which could include Council Member Strauss's suggestion. Suzanne McBrien, 1812 Antigua Circle, addressed the Council and suggested the following language be deleted from the second sentence of Section 15.45. 030 - Contents: . . . "if any reservation or dedi- cation is required by the City of Newport Beach." She questioned why the additional wording was added to the ordinance, stating she felt it was not consis tent with Government Code Section 65865.2, nor was it recommended in the staff report. Ms. McBrien also stated she felt the "burden of proof" clause contained in the original resolution on this matter should be included in the subject ordinance, which reads as follows: "The burden of proof on this issue is upon the property owner." With respect to Section 15.45.030, it was indicated by staff that the ordinance was consistent with . Government Code Section 65865.2. Regarding the "burden of proof" clause, the City Attorney advised that the wording was not necessary, in his opinion, as it was only supplemental to the existing language Hearing no others wishing to address the Council, the public hearing was closed. Following discussion, motion was made to reintro- duce Ordinance No. 82 -30, adding the "burden of proof" clause to Section 15.45.070 - Periodic Review and the language he previously recommended be added to the beginning of Section 15.45.060 - Amendment/ Cancellation. Volume 36 - Page 323 Agms COUNCIL • Motion All Ayes C J x CITY OF NEWPORT BEACH MINUTES November 22, 1982 3. Mayor Heather opened the public hearing regarding PROPOSED RATE ADJUSTMENTS REQUESTED FROM GROUP W CABLE FOR CABLE TELEVISION SERVICE, pursuant to Section 5.44.035(b) of the Newport Beach Municipal Code. Report from the City Manager, was presented. The City Manager reviewed the proposed rate increas- es, noting it was recommended by staff that the increase for additional outlets per month be set at $4.00 per month effective January 1, 1983, with an increase to $5.00 being delayed until January 1, 1984. He advised that the staff has discussed this approach with Mr. Waterman of Group W, who has given his concurrence. Jim de Boom, 1743 Bayport Way, addressed the Council regarding the service area of Group W. He indicated he had contacted Group W for service some months ago and has not yet been contacted. In addition, if the new rates are approved, he feels he should not be charged at that new rate. Dick Waterman, District Manager, Group W, stated that they serve the area on the west side of Jamboree Road, and south of Pacific Coast Highway. He stated he felt they were serving their entire general service area, with the exception of the recently completed area in East Bluff. He stated he would contact Mr. de Boom regarding the avail- ability of their service, as he was not aware of the request. Mr. Waterman spoke in support of their request, noting it had been seven years since the last rate increase. He distributed a pamphlet, which will be given to all cable subscribers showing their increased program selections during the past years. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 82 -147, approving rate increases for basic subscriber service regarding cable television services. E. PUBLIC COMMENTS: 1. John Sipple, 452 Seaward, addressed the Council regarding the recently adopted ordinance regulating the parking and storage of recreational vehicles. He stated that, due to dedication of the alley to the rear of his home, he can no longer park his recreational vehicle in that area. He has no garage, or a driveway, and cannot park on the street because of the recreational vehicle ordinance. He stated that his vehicle is 92 -1/2" wide and he has been cited for parking on the street. He urged the Council to reconsider the ordinance, or issue a -- special permit, which would allow him to park,on the street. Volume 36 - Page 324 CATV /Grp W Cbl Sry (42) Res 82 -147 Ord 82 -7 Pkg /Cm1Veh/ Trailers CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES y �,a ROLL CALL �� November 22, 1982 INDEX Council Member Maurer, member of the Recreational Vehicle Ad -Hoc Committee, advised that he would contact Mr. Sipple to discuss his problem further, • and report back to the Council. Barney Larks, 1901 Beryl Lane, in reference to com- ments made by Mr. Sipple, suggested the Police Department not cite Mr. Sipple until Council Member Maurer's investigation is completed. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, except All Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION: Pass to second reading on December 13, 1982 - (a) Removed.from the Consent Calendar. (b) Proposed Ordinance No. 82 -31, being, Ord 82 -31 Recreatnl AN ORDINANCE OF THE CITY OF NEWPORT BEACH Acty /Spear AMENDING SECTION 11.24.020 OF THE NEWPORT Guns BEACH MUNICIPAL CODE PROHIBITING THE USE (62) OF SPEAR GUNS ON PUBLIC PIERS. (Report from the City Attorney) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 82 -148 rescinding Resolution Nos Bicycles/ 8504 and 9241 and stating the special circum- Sdwlks • stances for and designating locations where P/W the riding of bicycles on sidewalks are per- Res 82 -148 mitted. (Report. from Public Works) (74) (b) Removed from the Consent Calendar. (c) Resolution No. 82 -149 authorizing submittal of OCTC /SCAG an application to Orange County Transportation Pdstrn Bkwy Commission and Southern California Association Res 82 -149 of Governments for construction of pedestrian (74/54) and bikeway facilities; and authorizing the City Manager or his designated representative to make said application and act as contact person on behalf of the City of Newport Beach. (Report from Public Works) (d) Removed from the Consent Calendar. (e) Resolution No. 82 -150 declaring the results of Election/ the General Municipal Election of the City of Gnl Mun 182 Newport Beach held on November 2, 1982. Res 82 -150 (39) 3. CONTRACTS /AGREEMENTS: (a) Award Contract No. 2353 to Ameron, Inc., of 182 -83 Wtr Wilmington, California, for $149,726; and Mn Ring authorize the Mayor and City Clerk to execute C -2353 said contract. (Report from Public Works - (38) • Water Main Relining '82 -83) Volume 36 - Page 325 C UNCIL ME B RS ROI I CAI I 0n� CITY OF NEWPORT BEACH November 22. 1982 MINUTES - - irvucA 4. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, letter from Kenneth M. Handicapped/ • Gaynor concerning suggestions for handicapped Misc Rqst awareness through television commercials. (76) (b) Removed from the Consent Calendar. (c) To the Planning Department for reply, letter Planning from Bruce T. Crary regarding enforcement of (68) municipal code requirements that garages be accessible for parking cars. (d) To the Police Department for investigation and PD reply, copy of letter to Mr. and Mrs. Rosburg, (70) owner of property at 3302 W. Ocean Front, from residents in the vicinity with regard to their security /safety resulting from unsafe, unsani- tary tenant conditions. (e) To the Pending Legislation and Procedural Legislation Ethics Committee:, City of Huntington Beach (48) Resolution No. 5176 supporting the Banning Avenue -19th Street Extension, Santa Ana. 5. Communications - For referral to the City Clerk for inclusion in the records: (a) Al "King Alfonso" Lizanetz's letter regarding his ongoing campaign against organized crime. (b) Orange County Health Planning Council memo • regarding annual assembly of delegates meeting to comment on problems faced by the disabled in seeking medical care in Orange County Health Facilities. (c) Second Supplement to Application No. 82 -07 -013 before the Public Utilities Commission, regard- ing 24 -Hour Airport Express, Inc. 6. CLAIMS FOR DAMAGES - For denial and confirmation of (36) the City Clerk's referral to the claims adjuster: (a) Larry G. Gillis for property damage allegedly Gillis sustained as the result of City sewer backing up on November 10, 1982, at 3028/3032/3034 E. Coast Highway, Corona del Mar. (b) Stephanie J. Lohr for personal injuries, alleg- Lohr edly due to carelessly /negligently maintained sidewalk on Pacific Coast Highway and Fernleaf on September 13, 1982. (c) Sue Mattia for personal injuries, allegedly Mattia sustained as result of tripping and falling on raised portion of sidewalk at 2301 Alta Vista on September 3, 1982. (d) Properties West., Inc., for Equitable Indemni- Properties • fication for any judgment received against West, Inc./ them by Stella Dodge as a result of trip and Dodge fall accident occurring on August 22, 1981 at 204 -30th Street, alleging negligently main - tained property by the City. Volume 36 - Page 326 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES v �� 9� y�gC,'p ROLL CALL J+� A November 22, 1982 INDEX (e) Daniel W. & Barbara Shepardson for property Shepardson damage, allegedly sustained as the result of City tree growing into pipe, breaking sewer line at 1533 Sylvia Lane, approximately October • 28, 1982. (f) Daniel W. & Susan Thrower for wrongful death, Thrower allegedly due to negligent /careless planning, and design construction on Pacific Coast Highwa east of Tustin Avenue, occurring on August 14, 1982. 7. SUMMONS AND COMPLAINTS: None. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (Report from the City Manager) (a) Three Firefighters, Fire Department. (b) One Training Coordinator, Fire Department. (c) Two Building Inspector I's, Building Department (d) One Counterman I, Building Department. (e) One Police Officer, Patrol Division. 9. STAFF AND COMMISSION REPORTS - For Council informa- tion and approval: (a) Report from the Assistant to the City Manager CATV /Grp W regarding the COMPLIANCE OF GROUP W CABLE WITH (42) THE AMENDMENTS TO MUNICIPAL CODE CHAPTER 5.44 • "COMMUNITY ANTENNA TELEVISION." (b) Report from Parks, Beaches and Recreation CYC Agm/ Director regarding, COMMUNITY YOUTH CENTER Npt -Mesa SD AGREEMENT /NEWPORT -MESA UNIFIED SCHOOL DISTRICT. (62) (c) Removed from the Consent Calendar. (d) Report from the Parks, Beaches and Recreation Westbay Pk Director regarding WESTBAY PARK. (62) (e) Report from Parks, Beaches and Recreation Com- PB &R /Cncl mission, dated September 21, 1982, recommending Plcy adoption of Council Policy I -19. (62/69) 10. PUBLIC HEARING SCHEDULING - None. 11. ACQUISITION OF 203 -41ST STREET (LOT 13 AND THE Prpty Acq NORTHEASTERLY 3.57 FEET OF LOT 14, BLOCK 141, CANAL (73) SECTION) A.P. #045- 235 -08 - Authorize the purchase of 203 -41st Street for $165,000; and the acceptance of a grant deed from Daniel C. and Patricia A. Castronova. (Report from Public Works) 12. BAYFRONT SIDEWALK REPAIR (CONTRACT 2294) - Approve Bayfrnt Sdwll the plans and specifications; and authorize the Repr City Clerk to advertise for bids to be opened at C -2294 11:00 a.m., on December 10, 1982. (Report from (38) • Public Works) Volume 36 - Page 327 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES R01 I rA1 I �:n9 �D November 22. 1982 u�nry 13. ACCEPTANCE OF BACK BAY DRIVE IMPROVEMENTS CON- Resub 616 STRUCTED IN CONJUNCTION WITH RESUBDIVISION NO. 616 - (84) • Portions of Block 55 and 93, Irvine's Subdivision, located at 1600 East Coast Highway on the northerly side of East Coast Highway between Jamboree Road and Newport Center Drive; accept the improvements constructed in conjunction with Resubdivision No. 616; and authorize the City Clerk to release the Faithful Performance Bond and Labor and Material Bond (Nos, 5- 785372) in six months provided no claims have been filed. (Report from Public Works) 14. ACCEPTANCE OF MARINERS MILE PARKING LOT AND ACCESS Mariners Mi ROAD (CONTRACT 2260) - Accept the work; and author- Pkg Lot /Rd ize the City Clerk to file a Notice of Completion C -2260 and release the bonds 35 days after Notice of (38) Completion has been filed. (Report from Public Works) 15. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 10625 - A Tr 10625 portion of Block 93, Irvine's Subdivision, located at 1401 San Miguel Drive between MacArthur Boulevard and the proposed expansion of San Miguel Drive, southwesterly of Rogers Gardens; accept the public improvements constructed in conjunction with Tract No. 10625; authorize the City Clerk to release the Faithful.Performance Bonds (Nos. 5- 792109/792112) and release the Monumentation Bond (No. 5- 792108) and Labor and Material Bonds (Nos. 5- 792109/792112) in six months provided no claims filed. (Report from Public Works) 16. TRACT NO. 10987 - A portion of Block 56, Irvine's Tr 10987 • Subdivision located in the northeasterly corner of Jamboree Road and Ford Road; approve an Agreement for nonstandard street lighting improvements in Tract 10987 with J. M. Peters Company and authorize and direct the City Clerk to have said Agreement recorded with the Orange County Recorder. Accept the public improvements constructed in conjunction with Tract No. 10987; and authorize the City Clerk to release the Monumentation Bond (No. B- 392119; th Faithful Performance Bond (No. 392093) in six months, provided no claims filed. (Report from Public Works) 17. HARBOR PERMIT APPLICATIONS - Approve the following Harbor Perm applications subject to conditions of approval (51) listed in the report. (Report from Marine Depart- ment) (a) #171 -939 by Robert.P. Warmington to revise the residential pier and float at 939 Via Lido Soud; and (b) X1222 -717 by Lido Yacht Anchorage to rebuild a section of the existing floats at 717 Lido Park Drive. __ Volume 36 - Page 328 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES 9 s s R(71I (GI I trn� fl November 22, 1982 itinry 18. BUDGET AMENDMENTS - For approval: (25) BA -042, $750.00 Transfer in Budget Appropriations for desk for City Manager's Secretary; City Manag- • er's Office Equipment Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed Ordinance amending Section 12.52.040 of Tfk Signs/ the Newport Beach Municipal Code adding a one -way Larkspr & street designation at Larkspur Avenue and Jasmine Jasmine Avenue (Westbound) and directing the Traffic (85) Engineer to erect and maintain all necessary signs thereat, with.a report from the Traffic Affairs Committee, was presented. Council Member Maurer stated that he had been con - tacted by residents in the subject area requesting the street remain a two -way street, with the addi- tion of a sign designating "one lane traffic ahead.' Motion x- In view of the foregoing, motion was made to refer All Ayes the item back to the Traffic Affairs Committee for consideration at their December 14 meeting. 2. Proposed resolution establishing regulations con- Volley Bl trolling the installation and maintenance of Instl /llntnc volleyball playing areas on public beaches in the PB &R City of Newport Beach and rescinding Resolution (62) No. 7282, with a report from Parks, Beaches and Recreation, was presented. • It was indicated by some Council Members that resi- dents in the area were opposed to holding a volley- ball tournament at the proposed Balboa Pier - location, and therefore, suggested this item be deferred until.further input from concerned citizens. Ron Whitley, Director,of Parks, Beaches and Recrea- tion, stated that only one tournament is anticipat- ed annually with that being held in the Summer. He stated that the Balboa Pier location was selected over the Corona del Mar Beach site due to the wide- ness of the beach, and the wind and sand conditions Motion All Ayes x Following discussion, motion was made to defer this item for further input from residents in the area. 3. Proposed resolution designating a four -way inter- Tfk /Pnsettia section where vehicles are required to stop at & 2nd Ave Poinsettia Avenue and Second Avenue, and directing (85) the Traffic Engineer to erect and maintain all necessary stop signs thereat, with a report from the Traffic Affairs Committee, was presented. Motion x Council Member Maurer stated that the petition All Ayes received by the City requested that stop signs be placed at Third Avenue, rather than Second Avenue, • and therefore, motion was made to refer this item back to the Traffic Affairs Committee for reconsid- eration at their meeting of December 14. Volume 36 - Page 329 CITY OF NEWPORT BEACH U 9 R S MINUTES ROLL C November 22. 1982 -- - uvucn 4. A letter from Bob Wilkinson regarding fireworks Fireworks displays during homecoming games in residential (41) areas, was presented. . In response to question raised by Council Member Maurer, the City Manager advised that the Municipal Code excludes school districts from the requirement to obtain a permit for their activities. Motion x In view of the foregoing, motion was made to refer All Ayes the subject letter to staff for reply. 5. Report from Parks, Beaches and Recreation Director PB&R /Fac regarding WAIVING OF PUBLIC FACILITY USE FEES, was Use Fees presented. (40/62) Motion x Following clarification of the recommended action, All Ayes motion was made to approve the waiver of fees for the Cub Scout use of the Balboa Island Community Center. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Report from Public Works regarding CITY COUNCIL PW /Cncl Plcy POLICY L -11 (CONVERSION OF PUBLIC STREETS TO (74/69) PRIVATE STREETS), was presented. Motion x Motion was made to adopt City Council Policy L -11 All Ayes (Conversion of Public Streets to Private Streets); and adopt Resolution No. 82 -151, setting fees for Res 82 -151 . the processing of conversions. J. CURRENT BUSINESS': 1. APPEAL OF TODD SCHOOLER FROM DENIAL OF APPLICATION Schooler/ TO CONSTRUCT DRIVEWAY APPROACH AT 7207 SEASHORE Drvwy DRIVE, was presented. (80) Report from the Public Works Department, was presented. Motion x Motion was made to approve the subject application. Todd Schooler, Architect for the proposed work, addressed the Council and displayed photographs of several homes in the area, as well as elevations of the subject property. He stated that the vast majority of the buildings on Seashore in this area have garages facing Seashore. ..After a survey of mid -block lots that extend from Seashore to the alley, it was found that five of the existing nine have driveway approaches on Seashore. In addition, there are no curbs or gutters on the ocean side of Seashore, and there are none planned. In response to Council inquiry, he stated that the garages will have the "roll -up" type doors. . Volume 36 - Page 330 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES R01 I CGI I �nA Nnvemhar 22. 1QR2 Ray Fauria, owner of the subject property, stated that he did not feel the Council policy applied to his individual case, and urged favorable considera- os tion of his request.. x x x x x The motion on the floor was voted on and carried. Noes x 2. Letters from Ken Petersen, President of the Newport Buffalo Hls Hills Homeowners' Association, Taylor B. Grant, Pk /PB &R Bruce Harrington, Terry Rhodes, Mr. and Mrs. Richard (62) Hawley, Ken Wirgler, and Earle and Alice King regarding the REPLACEMENT OF TURF /BUFFALO HILLS PARK, were presented. Report from the Budget Committee, was presented. The City Clerk reported that, after the printing of the agenda, approximately 18letters were received from various residents, in support of repairing the playing field at Buffalo Hills Park at this time. Taylor Grant, 1905 Port Edwards, Newport Hills Homeowners' Association, addressed the Council, and submitted 16 additional letters in favor of the proposed work. He stated that, if the project were approved at this time, they would have a playing field available by August 1983. He urged the Council to support their request. Motion x Motion was made to appropriate $65,000 by approving Ayes x x x x x Budget Amendment No. 043 for this fiscal year. x �tain 3. Report from the Marine Department regarding ACCEPT- CA Dpt Boatg/ ING A LOAN AGREEMENT FROM THE STATE OF CALIFORNIA Balboa Ycht DEPARTMENT OF BOATING AND WATERWAYS FOR THE BALBOA Ban Rcstrctn YACHT BASIN RECONSTRUCTION, was presented. C -2370 (38/51) Motion x Motion was made to adopt Resolution No. 82 -152 All Ayes accepting the terms and conditions and authorizing Res 82 -152 the Mayor to execute a Loan Agreement for the Balboa Marina Basin Project; adopt Budget Amendment No. 044 in the amount of $2.5 million to appropri- ate the loan funds; and direct staff to obtain "Request for Proposals" from qualified consultants for design and preparation of plans and specifics - Eions for the Marina rehabilitation project. 4. Report from the Planning Department regarding Planning/ COUNCIL POLICY Q -1 (GENERAL PLAN). Cncl Plcy (68/69) The City Manager advised that, pursuant to Council directive on October 12, 1982, Council Policy Q -1 has been amended so as to eliminate the word "initiate," and replace it with a phrase such as "amendments shall be considered." At the Council study session of October 25, the proposed amendment was considered along with additional amendments suggested by staff. Upon conclusion of the matter, staff was directed to make additional changes • pertaining to Paragraph I -A regarding notice to community associations and Paragraph II -E pertain- ing to the three per year amendment limitation. Volume 36 - Page 331 CITY OF NEWPORT BEACH C UME B 9 RS MINUTES ROLL CALL November 22. 1982 -- - rnut:A The proposed amendment, including alternative Planning/ wording for Paragraph II -E, was reviewed. In Cncl Plcy addition, a second alternative wording for Paragraph II -E was presented, which read as follows: "Amendments to each General Plan element may be authorized for consideration not more than three times a calendar year. Residential pro- jects, at least 25% of which will be affordable to families of low or moderate income, (as de- fined by the City of Newport Beach General Plan Housing Element) shall be exempt from this provision. Also, amendments to bring the General Plan into conformance with the Local Coastal Program shall be exempt from this provision. A number shall be assigned in sequence to each amendment, or group of amend- ments at the time it is authorized for con- sideration by the City Council." During course of discussion, the Council agreed to change the word "shall" to "may" in the second alternative wording for Paragraph II -E. Motion x Motion was made to revise the language for Para- graph II -E to read as follows: "Amendments to each General Plan element may be authorized for consideration not more than three times a calendar year. Residential projects, as provided for by State Planning Law may be exempt from this provision. Also amendments to bring the General Plan into con- formance with the Local Coastal Program shall be exempt from this provision. A number shall be assigned in sequence to each amentment, or group of amendments at the time it is author- ized for consideration by the City Council." Bernie Schneider, 17 Corporate Plaza Drive, address- ed the Council and questioned if the subject Council policy would affect those amended applications which are in process, but which have not been initiated as of this time. The Planning Director responded in the negative. Motion x Following discussion, motion was made to straw Ayes x x 21 x x vote on retaining the original wording "initiate," Noes x rather than replacing it with the phrase "amendments shall be considered," wherever it ap- pears in the Council policy. Motion x Motion was made to straw vote on approving the Ayes x x x x x language for Paragraph II -E to read as follows: Noes x "Amendments to each General Plan element may be initiated not more than three times a calendar year. Residential projects, at least 25% of which will be affordable to families . of low or moderate income, (as defined by the City of Newport Beach General Plan Housing Element) may be exempt from this provision. Volume 36 - Page 332 CITY OF NEWPORT BEACH C UNC L ME B RS MINUTES ti tis s�� RAI I CCI I �: n� U Nnvemher 22_ 1982 unry rpt "Also, amendments to bring the General Plan into conformance with the Local Coastal Pro- gram may be exempt from this provision. A number shall be assigned in sequence to each amendment or group of amendments at the time it is authorized for consideration by the City Council." Motion x Motion was made to approve Council Policy Q -1 as All Ayes amended in the foregoing, and set forth in the staff report. 5. Report from the Planning Department concerning the Planning/ AMERICAN INSTITUTE OF ARCHITECTS' REGIONAL -URBAN R -UDAT DESIGN ASSISTANCE TEAM (R -UDAT) AND THE APPLICATION (68) OF SUCH A PROGRAM IN THE NEWPORT PIER AREA, was presented. Motion x Motion was made to refer the subject matter to the All Ayes Planning Commission for review and comment. K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to schedule public hearing for U/P 3004 All Ayes December 13, 1982, on Use Permit No. 3004 (20 -unit motel). Motion x 2. In considering a possible closed session regarding OC /JWyn A All Ayes litigation pertaining to West Side Acquisition, motion was made to follow the recommendations of the Airport legal counsel as explained in the after- noon closed session. The meeting was adjourned at 10:20 p.m. / f4ail (/ ATTEST; City Clerk . Volume 36 - Page 333 rpt