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Home My WebLink About08/31/1981 - Adjourned Regular MeetingC UNCIL. MEhk8QRS Rnl I CAL I �n CITY OF NEWPORT REACH ADJOURNED COUNCIL MEETING PLACE:. Council Chambers TIME: 5:00 P.M. DATE: August 31, 1981 MINUTES INOFY Present x x x x x x x A. ROLL CALL. B. Minutes for approval: None. Motion x C. The reading of all ordinances and resolutions under Ayes consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: None. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated except for All Ayes those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: None. 3. COMMUNICATIONS - For referral as indicated: (a) To the Public Works Department for reply, a Buck Gully/ letter from Almarine A. Welcome, Corona del Drainage Mar, regarding Buck Gully drainage ditch. (79) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Outer Continental Shelf (OCS) Lease Sales for • Oil and Gas Exploration and Development (correspondence from the City of Santa Monica in opposition to). (b) Al "King Alfonso" Lizanetz's correspondence regarding perpetual electric power use, and neutron weapons stockpile for justice. (c) Orange County Board of Supervisors Agenda for August 25, and 26, 1981. 5. CLAIMS FOR DAMAGES: For denial and confirmation of (36). the City Clerk's referral to claims adjuster: (a) T. Scott Wright for property damage, alleging Wright damage to left front tire and rim, as result of log on highway on July 23, 1981. (b) .fill Marvosh for personal injuries when Marvosh claimant stepped into open sewer hole, which allegedly had not been barracaded on August 16, 1981. Volume 35 - Page 266 • C UNCIL ME MB RS s �A G ti s ROLL CALLS + 9 • E CITY OF NEWPORT BEACH MINUTES August 31, 1981 INOEX Sutcliff Nouri (25) GPA /80 -3 (45) 6. SUMMONS AND COMPLAINTS: - For confirmation of the City Clerk's referral to claims adjuster: (a) Patricia W. Sutcliff (First Amended Complaint) Orange County Superior Court, Case No.,33 -10- 97. Notice of Hearing and Petition for Relief from Claim Requirement was filed on March 11, 1980; Application for Leave to present Late Claim was filed December 29, 1979 and denied by City Council on January 21, 1980. (b) Mohd Hasan Nouri for Assault and Battery, Negligent Employment and Intentional Inflic- tion of Severe Emotional Distress, Case No. 47123, Orange County Superior Court. Original claim was filed with the City on January 16, 1981, and denied by City Council on January 26, 1981. 7. REQUEST TO FILL PERSONNEL VACANCIES: None. 8. STAFF AND COMMISSION REPORTS: - None. 9. PUBLIC HEARING SCHEDULING: - None. 10. BUDGET AMENDMENTS - For approval: BA -028, $5,210.00 - Transfer in Budget Appropria- tions for Roof repair and interior work at former Voluntary Action Center Headquarters located at 1714 W. Balboa Boulevard; Nondepartmental Fund. (Report from the City Manager) BA -029, $7,900.00 - Transfer in Budget Appropria- tions for automobile for City Clerk; City Clerk Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: None. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. GENERAL PLAN AMENDMENT 80-3, a request initiated by the City of Newport Beach to amend the Land Use, Residential Growth, and Recreation and Open Space Elements of the Newport Beach General Plan and the acceptance of an Environmental Document, was pre - sented. A report from the Planning Department, was pre- sented. i The City Clerk advised that after the printing of the agenda, a letter was received from Mr. and Mrs. R. A. Nichols, regarding General Plan Amendment 80 -3, and related traffic problems. Volume 35 - Page 267 INOEX Sutcliff Nouri (25) GPA /80 -3 (45) CITY OF NEWPORT BEACH COUNCIL ME B RS MINUTES y ROLL CALLS S A -- - IryVCA Council Members reviewed the proposed resolution GPA /80 -3 under consideration, and received clarification from the staff relative to certain items. • The City Manager advised that on Page 11 of the resolution, an asterisk ( *) should be placed after the dollar amount $19,400,000. Council Member Strauss stated that in the subject staff report, reference was made to the effect that the City Council had attempted, through straw votes, to modify General Plan Amendment 80 -3 at the close of the public hearing on August 10. He advised that the City Council had not taken straw votes as stated in the report, which he felt was most unusual due to the complexities of this project. Motion x In view of the foregoing, motion was made by Council Member Strauss to take straw votes on each proposal of General Plan Amendment 80 -3. Council Member Strauss indicated his reason for the motion was to allow each Council Member to be on record as to their vote on each separate proposal. Ayes x x The motion was voted on, and FAILED. Noes x x x x x Motion x Motion was made to adopt Resolution No. 11039, -11039 certifying as complete the Final Environmental Impact Report, and approving amendments to the Land Use, Residential Growth, Recreation and Open Space Elements, and maps of the Newport Beach General Plan (General Plan Amendment No. 80 -3, Newport Center). (The motion was set forth in full in the August 24, 1981 minutes of the City Council, Volume 35, Pages 253 through 260, inclusive, and the proposed res- olution was set forth in the staff report from the Planning Department to the City Council for the August 31, 1981 meeting, as Attachment No. 1) Council Member Hummel stated for the record that he was opposed to the motion for the following reasons: "The Environmental Impact Report fails to substan- tially reduce or provide mitigation for: 1) water Resources - The Federal 208 Program may, or may not adequately address Upper Bay problems. 2) Housing - The August 21, 1981 letter from HUD to the City takes issue with the City's failure to inventory, plan, and i zone the remaining vacant land to provide for residential needs. Our Housing Ele- ment is, in my opinion, far from accept- able in form, content, and certainly not • a mitigation to the housing issue of this EIR. i Volume 35 - Page 268 CITY OF NEWPORT REACH UM s E . � R S MINUTES C ROLL W)FX 3) Traffic /Circulation - Failure to require GPA /80 -3 completion of a suitable by -pass by the applicant as a condition prior to any construction in Newport Center, assures that Newport Beach will get excessive traffic before the first by -pass construc- tion starts. If the applicant is unable to satisfy 'other public agencies' that they can meet conditions necessary to traffic movement outside our City limits, that alone may be reason to consider the traffic problem not mitigated to our City's satisfaction. "Regarding the overriding conditions, I disagree that the overriding reasons given that remain unavoidable significant impacts are outweighed by social, economic and other benefits. "Avocado /MacArthur Couplet - This has never been tested as to its traffic movement capacity since enclosed buildings, and their access and egress has never been known until General Plan Amendment 80 -3, which specified the building types and dens- ities that will be there. "Page 10, Section 9, B -4, Resolution No. 11039 - There is an escape clause that could allow issuance of a building permit for 225,000 sq. ft. of office building without commencing Pelican Hill Road. I feel this is an escape route that should not have been provided. "Regarding mass transit, and a terminal as a solu- tion, in my opinion, has not been tested, and is pure speculation. The same for the Transportation Management Plan. They have leaned heavily on the fact that this was going to mitigate and get us out of the problems that were going to be created. I disagree with that. "The term 'in- filling' of vacant urban parcels hardly pertains to Newport Center. I think this term applies to urban areas where the City has been built out in its entirety, and there was some isolated left -over lots. I hardly consider Newport Center to be an urban center, nor has there been any left -over lots. It has never reached the state of completion. "Finally, General Plan Amendment 80 -3 fails to address the need to provide retail service commer- cial in the cross section of our City (the area generally east of the Coast Highway bridge) where it is needed and has not been provided to support current and future residents." Ayes x x x x x The motion was voted on, and carried. Noes x x Volume 35 - Page 269 • CITY OF NEWPORT BEACH COUNCIL ME 8 RS MINUTES G ti s ROLL CALLS Jo A August 31. 1981 iwnry J. CURRENT BUSINESS: 1. HARBOR PERMIT APPLICATION NO. 133 -60, to revise a Harbor Perm residential float for Tom Burris at 1161 Linda Isle, (51) was presented. A report from the Marine Department, was presented. Motion x Approved application, as requested. All Ayes 2. Letter from the MARINE BASIN, INC., REQUESTING AN Balboa EXTENSION OF THEIR PRESENT LEASE as a tenant of Ycht /Basin Balboa Yacht Basin, was presented. Lease (51) Motion x Referred request to staff and Tidelands Affairs All Ayes Committee for commencement of negotiations. K. ADDITIONAL BUSINESS: None. L. Adjournment: Meeting adjourned at 5:30 p.m. Tem Mayor Pfo ATTEST: si9�� G ✓l�y!/l//�O�t__ City Clerk Volume 35 - Page 270 •