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Home My WebLink About10/24/1983 - Regular MeetingCOUNCIL MEMBERS s \REGULAR COUNCIL M EETING o PLACE: Council Chamber rAL TIME: 7:30 P.M. ROLL DATE: October 24, 1983 MINUTES iuncv Volume 37 - Page 321 Present x x x x x x x A. ROLL CALL. x B. The reading of the Minutes of the Meeting of Wn x x x x x x October 11, 1983, was waived, approved as x written, and ordered filed. Motion x C. The reading in full of all ordinances and All Ayes resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Hart opened the continued public China Cove/ hearing regarding proposed SPECIAL ASSESSMENT Undrgr Utl DISTRICT TO UNDERGROUND UTILITIES IN CHINA (89) COVE (ASSESSMENT DISTRICT NO. 56). Report from the Public Works Department, was presented. The City Clerk reported that after printing the agenda, letters were received from California Institute of Technology in favor of the assessment district; and Mary Pursell, resident of China Cove, opposing the formation of the district. Jack Hall, 2619 Cove Street, stated that placing the utilities underground would be of no benefit to him, and requested his name be deleted from the district, or the district be abandoned. Evelyn Frost, 2704 Cove Street, addressed the Council in support of the district. She stated that the poles were unsightly, unsafe, a "thing of the past," and urged Council approval of the project. Dee Dee Masters, 140 Fern Avenue, stated she felt that only those who derive benefit from the assessment district should have to pay for the improvements. She also felt the three City -owned parcels should be included in the district and the City should contribute to the project. Jerry Thompson, 2701 Shell Street, stated that his utilities were placed underground when his home was constructed, and therefore, he would request his property be deleted from the proposed district. Richard Lewis, 2600 Cove Street, submitted a letter from Gertrude B. Ralphs, 2719 Shell Street, in support of the district. He also displayed photographs of the utility poles in the area. He stated he felt the improvements would benefit everyone in the area, enhance property values,�gnd urged approval. Gary Hamilton, 2727 Ocean Boulevard, spoke in favor of the assessment district, and urged the City to participate in the project. Volume 37 - Page 321 CITY OF NEWPORT BEACH COUNCIL MEMBERS \AIC o� October 24, 1983 RnI l 'P MINUTES INnFY Volume 37 - Page 322 Hearing no others wishing to address the China Cove/ Council, the public hearing was closed. Undrgr Utl The City Manager noted that if the assessment district is approved in concept by the Council at this time, the City will retain a consultant to assist in the spread of the assessment based as nearly as possible on benefit received and the exact assessment being known before the final step is taken by the City Council. The actual cost of the final assessment will be based upon a competitive bid, and should the bid come in less than estimated, then procedures are available to refund those costs. In response to Council Member Agee, the Public Works Director emphasized that the district is not finally committed until the next Council meeting when all of the costs will be known (i.e., construction costs, spread of assessment to each individual property owner, and cost if City participates), and a resolution of intention is adopted. Motion x In view of the foregoing, motion was made to Res 83 -102 All Ayes overrule all protests, and adopt Resolution No. 83 -102, finding and determining that Public Convenience and Necessity require the improvement, and that the Debt Limitation and Majority Protest Provisions of the Debt Limit Act shall not apply; direct the staff to • prepare a Resolution of Intention to make the improvement under the Municipal Improvement Act of 1913, for consideration and action of the City Council on November 14, 1983; direct the staff to prepare a Budget Amendment in the amount of $22,000 as an advance to the proposed District; and direct the staff to obtain proposals from Professional Assessment Services, Inc. for assessment engineering services and from Brown and Nazarek for legal services. 2. Mayor Hart opened the continued public U/P 1872(A)/ hearing and City Council review of USE PERMIT Van Doren NO. 1872(AMENDED), a request of MAMIE VAN (88) DOREN, Newport Beach, to amend a previously- approved use permit, which allowed the construction of .a two - story, single - family dwelling and related parking spaces to the rear of an existing commercial shop in the C -2 District, to allow the conversion of three covered parking spaces into commercial floor area, and the acceptance of an offsite parking agreement for a portion of the required parking spaces. Property located at 428 -31st Street in Cannery Village. The decision of the Planning Commission to deny this application • was overruled by the City Council on September 22, 1980, subject to review by the Volume 37 - Page 322 COUNCIL MEMBERS \CAL\Lq y9��ko A OLL �F,A 5� Oc tober 24, 1983 MINUTES INDEX olume 37 - Page 323 City Council after a three -year period. The /P 1872(A)/ applicant is now requesting a further Van Doren modification to Use Permit No. 1872(Amended) to substitute in -lieu parking in place of the previously - approved offsite parking. Report from the Planning Department dated October 11, 1983, was presented. Dolly Simpson, 409 -31st Street, addressed the Council, and submitted a petition signed by approximately 100 residents in the area, endorsing the request to substitute in -lieu parking in place of the previously- approved offsite parking. She stated they felt it was a sensible alternative to the parking problem in Cannery Village. Nancy Worrington, representing Mary Compton, stated that they are operating an art gallery on the applicant's property, and are in support of the request. Thomas Dixon, the applicant's husband, addressed the Council and stated that they have complied with the amended use permit they were given three years ago, and believe that offsite parking is a better solution. He also stated that he was aware of the possible increase in fees for in -lieu parking spaces. Hearing no others wishing to address the • Council, the public hearing was closed. Motion x Motion was made to amend Use Permit No. All Ayes 1872(Amended), as requested by the applicant, so as to allow the payment of fees in lieu of providing five parking spaces on site. 3. Mayor Hart opened the public hearing 3PA 82 -1 regarding: (45) DRAFT ENVIRONMENTAL IMPACT REPORT, the Drft EIR acceptance, approval and certification of an Environmental Document for General Plan Amendment 82 -1, Amendment No. 3 to the Local Coastal Program, Amendment No. 592, and Amendment No. 593; AND GENERAL PLAN AMENDMENT NO. 82 -1, a request to amend the Land Use, Residential Growth, Recreation and Open Space, Circulation and Noise Elements of the Newport Beach General Plan for the North Ford Planned Community and the San Diego Creek South site; AND • olume 37 - Page 323 COUNCIL MEMBERS \CAL\L9 `A� ROLL • • • MINUTES October 24, 1983 vviume it — rage .3[4 INDEX LCP Amnd 3 PCA 592 PCA 593 Trfc Study/ NoFord P -C Trfc Study/ Koll Ctr Amud 1/ NoFord TPP Amnd 2 /Koll Ctr TPP .LOCAL COASTAL PROGRAM AMENDMENT NO. 3, a request to amend the Land Use Plan of the Newport Beach Local Coastal Program for the San Diego Creek South site; AND AMENDMENT NO. 592 (ORDINANCE NO. 83 -25), a request to amend the North Ford Planned Community so as to include all of the land northerly of Eastbluff Drive (Extended) to San Diego Creek, between the City boundary and Jamboree Road; and all of the land southerly of Eastbluff Drive (Extended) to Bison Avenue, between MacArthur Boulevard and the easterly boundary of the North Ford Planned Community. This amendment also includes amendments to Districting Maps No. 43, 44 and 58, so as to reclassify said property from the Unclassified District to the Planned Community District; AND AMENDMENT NO. 593, a request to consider an amendment to the Koll Center Newport Planned Community Development Plan so as to allow 295,000 sq. ft. of additional office development in Office Site "C" of the Koll Center Newport Planned Community; AND TRAFFIC STUDY, a traffic study for the proposed changes to the land use designations for the North Ford Planned Community; AND TRAFFIC STUDY, a traffic study to allow additional office development in Office Site "C" of the Koll Center Newport Planned Community; AND AMENDMENT NO. 1 TO THE NORTH FORD TRAFFIC PHASING PLAN, an amendment to the North Ford Traffic Phasing Plan so as to allow the development proposed in conjunction with General Plan Amendment No. 82 -1; AND AMENDMENT NO. 2 TO THE KOLL CENTER NEWPORT TRAFFIC PHASING PLAN, an amendment to the Koll Center Newport Traffic Phasing Plan so as to allow additional development in Office Site "C" of the Koll Center Newport Planned Community. Report from the Planning Department, was presented. vviume it — rage .3[4 INDEX LCP Amnd 3 PCA 592 PCA 593 Trfc Study/ NoFord P -C Trfc Study/ Koll Ctr Amud 1/ NoFord TPP Amnd 2 /Koll Ctr TPP CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAl�\lp October 24, 1983 ROLL 'A MINUTES INDEX Volume 37 - rage 325 The City Clerk reported that after printing GPA 82 -1 the agenda, additional letters had been • received regarding the general plan amendment from the following: The Irvine Company, California Waste Management Board, Irvine Coast Trail Committee, and Joseph P. Boyle, 3818 Sandune Lane, Corona del Mar. In addition, a supplemental report was presented from the Planning Department with comments and responses to correspondence received related to the Draft Environmental Impact Report. Exhibits were displayed outlining the existing and proposed land uses. The City Manager distributed and reviewed a list of six suggested items to be straw -voted on at the conclusion of the hearing. Council Member Strauss indicated he felt there was an "inappropriate" rush to consider this item, as well as the following two agenda items. He commented that he felt they were all very important issues and had a great deal of impact on the City. He indicated he also did not feel the agenda clearly identified the items appropriately in terms of the Planning Commission's actions. He also felt that the reading material • received last week, as well as the new material presented this evening, was too much for the Council to digest and be expected to consider to act upon at this time. Council Member Strauss requested the hearing not be opened for public testimony, at this time, in order that Council Members can digest all the material related to these items. Also, that the staff prepare a report as to "where we are and where are we going," in terms of what building is currently in process, and what has been approved, but not yet under construction. In response to Council Member Strauss's remarks regarding the preparation of the agenda, the City Manager stated that the _specific request is what is placed on the agenda, and not the recommendation of the Planning Commission. However, the Planning Commission's recommendations are "spelled out" in the staff report. • Volume 37 - rage 325 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAl o��October 24, 1983 ROLL MINUTES WnFY Volume 37 - Page 326 Council Member Cox, in response to comments GPA 82 -1 made by Council Member Strauss, stated that this was not a new subject and has been "with us" for over one year, and before the Planning Commission more'than once. He felt it was being dealt with in an orderly manner and was not something the Council was attempting to "railroad in." He also felt the agenda was prepared appropriately. In response to question raised by Mayor Hart regarding the affordable units, the staff advised that it is not known at this time how many units will be "for sale, or rental," as it now depends upon the availability of block grant funds and mortgage revenue bonds. Richard Sim, Vice President, Community Development Division of The Irvine Company, addressed the Council and referred to their letter of October 20, 1983. He stated that due to the special circumstances of a court order on the subject property, they have attempted to develop a land use plan that deals with the affordable housing problem, and at the same time reserves their vested rights under the court order. He stated that a development agreement will have to be entered into which will tie both the City and The Irvine Company down, and assure what they represented will get built so that an appropriate amendment can be made to the • existing court order. Mr. Sim stated that they think the proposal, as outlined by the staff, represents sound land use planning and is responsive to the issues raised by the community. The 888 units proposed for North Ford maintains a moderate level of density and is compatible with adjacent neighborhoods, and still provides 25% of the dwelling units as affordable. The relatively low- density is the transfer of indbstrial square footage to MacArthur Court, which can be converted to office use. In conclusion, Mr. Sim remarked that the proposed plan does not request reduction or waiver of any City standards for traffic analysis, and in fact, the overall project will contribute significant fair share fees and road improvements needed to complete the City's Circulation Plan. He stated that community benefits include land for park and recreation facilities, and a fire station site. They believe the general plan amendment, as suggested, is fair for both parties and recommend the City Council uphold the recommendations of the Planning Commission, with the exception that the • 295,000 sq. ft. of office use be transferred to MacArthur Court. Volume 37 - Page 326 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAl 0 � f j,ROLL tS October 24, 1983 MINUTES INDEX Volume 37 - Page 327 In response to questions raised, Mr. Sim GPA 82 -1 stated that the fire station site would be • part of the 12 acre park site. He indicated that the 888 units would be a total planned community of mixed housing. In addition, the rental units would remain affordable for a 10 year period. As to the "for sale units," they have not addressed the affordable time period, as yet. The City Attorney pointed out that the subject units are within the Coastal Zone, and pursuant to the Mello Bill, the units would be required to remain affordable for 10 years whether they be "rental, or for sale units." Goldie Joseph, 515 Via Lido Nord, addressed the Council and read a prepared statement in support of the general plan amendment. Richard Nichols, President, Corona del Mar Community Association, addressed the Council and submitted a letter requesting an immediate moratorium on general plan amendment changes. It was also requested that a general assessment of present allowable and proposed changes to the general plan and how traffic is proposed to be handled be prepared, and then the overall plan be put to a vote of the people. In response to comments made by Mr. Nichols • regarding traffic, reference was made to Page 12 of the staff report, wherein the proposed traffic improvements were outlined, including the traffic phasing that would occur. It was also pointed out that the EIR and the Initial Traffic Study identified the removal of parking in Corona del Mar on Coast Highway, but was rejected. In addition, none of the general plan amendments under consideration include the site at 5th Avenue and MacArthur Avenue. Ron Covington, 707 Orchid Avenue, addressed the Council and stated he felt the general plan amendments had not been "aired" sufficiently by the public and suggested more information be known on the subject in order for greater participation by the community. During discussion, reference was made to the development agreement, wherein the City Attorney advised that a development agreement is an ordinance adopted by the City Council, and only after a public hearing. The reason for proceeding with a general plan amendment and zoning amendment prior to consideration • Volume 37 - Page 327 COUNCIL MEMBERS R �F,Q ��iP� October 24, 1983 MINUTES MT91Z Volume 37 - rage 328 of a development agreement is that the GPA 82 -1 development agreement has to be consistent • with the general plan and zoning of the City. If the North Ford project is approved, a development agreement will be prepared, which will address only the parcels included in the general plan amendment, and not any other undeveloped parcels within the City. Ken Clissett, 2906 Alta Vista Avenue, resident in East Bluff, spoki to the Council regarding noise abatement for the North Ford project. He also discussed affordable housing, the density connected therewith, and indicated he felt the City should not "dump" all affordable housing next to East Bluff and instead spread it throughout the City. Lucille Kuehn, 1831 Seadrift Avenue, stated that she was well informed on this issue, as well as the following agenda item, just by reading the newspaper. However, she did take the time to come to City Hall to pick up the background material, and stated that the same opportunity is available to the general public. She also commented that she remembered when the homes in East Bluff were built, and at that time they were considered "affordable." Dr. Barry Chaton, resident of Harbor View Hills, addressed the Council and stated that he concurred with Council Member Strauss's • comments regarding the need to know where the City is in terms of proposed development prior to proceeding with this general plan amendment. Dorothy Hardcastle of Corona del Mar, stated she was in support of the project, as she felt the City was in need of affordable housing. Alice Rester, 210 Goldenrod Avenue, also spoke in favor of the project, indicating she would hope that a good portion of the development would be rental units and not "out of reach" for the average low- income family. Mr. Clissett, 2906 Alta Vista Avenue, addressed the Council again, and discussed subsidized housing in other cities. Barney Larks, 1901 Beryl Lane, addressed the Council and concurred with the remarks of Ms. Remer. In response to Council inquiry, the staff indicated that the total average daily traffic is estimated as follows: • Original project - 20,750 P/C recommendation 15,320 Existing General Plan - 8,340 Volume 37 - rage 328 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAt o$� ROLL October 24, 1983 'P S MINUTES INDEX Volume 37 - Page 329 Dick Nichols, President, Corona del Mar GPA 82 -1 Community Association, responded to the • traffic figures, as set forth in the EIR. At this time, the Council took straw votes on the following issues: Ayes x x x x x x 1. Approved change of 35 acres of Abstain x medium density residential at 120 DU's to 79 acres of multiple family residential at 888 DU's with 222 DU's being affordable on North Ford site. Ayes x x x x x 2. Approved change of land use Noes x x designation for San Diego Creek site from governmental, educational, and institutional facilities /public works reserve, with an alternate use of general industry to office space with no density designated. All Ayes 3. Approved the designation of a 12 acre park and fire station site on North Ford. All Ayes 4. Approved a change in commercial use from 28,500 sq. ft. to 50,000 sq. ft. on North Ford site. Ayes x x x x x x 5. Approved the transfer of 295,000 No x sq. ft. of industrial use from North Ford to Office Site C of Koll Center and conversion of that square footage to office use at 295,000 sq. ft. (proposed with understanding that fair share traffic improvements will be proportionately increased). All Ayes 6. Approved the deletion of East.Bluff Drive extension and designation of University Drive to East Bluff Drive. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to approve the project as Ayes x x x x x x recommended by the Planning Commission, and Noes x as modified by the straw votes; and Adopt Resolution No. 83 -103, accepting, Res 83 -103 approving and certifying the Final Environmental Impact Report as indicated in Attachment "A "; Make the Findings contained in the Statement of Facts (Attachment A, Exhibit 1), with respect to significant • impacts identified in the Final Environmental Impact Report; Volume 37 - Page 329 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAl ��9 �F,p �A�P \4ptP October 24, 1983 ROLL MINU TES wnry Volume 37- Page 330 Find that the facts set forth in the GPA 82 -1 Statement of Overriding Considerations • (Amendment A, Exhibit 2) are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the General Plan, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in said Statement of Overriding Considerations (Attachment A, Exhibit 2) giving greater weight to the unavoidable environmental effects, are acceptable; Adopt Resolution No. 83 -104, approving Res 83 -104 amendments to the Land Use, Residential Growth, Recreation and Open Space, Circulation and Noise Elements of the Newport Beach General Plan; Adopt Resolution No. 83 -105, approving Res 83 -105 • Amendment No. 3 to the Newport Beach Local Coastal Program; Adopt Ordinance No. 83 -25, being, AN Ord 83 -25 ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF DISTRICTING MAPS NOS. 43, 44 AND 58, SO AS TO RECLASSIFY SAID PROPERTY FROM THE UNCLASSIFIED DISTRICT TO THE PLANNED COMMUNITY DISTRICT AND ADOPTING A NEW PLANNED COMMUNITY DEVELOPMENT PLAN FOR THE ENTIRE NORTH FORD AREA, (Planning Commission Amendment No. 592) as introduced by the City Council on October 11, 1983; Adopt Resolution No. 83 -106, approving es -106 Amendment No. 593, an amendment to the Koll Center Newport Planned Community Development Plan; Sustain the action of the Planning Commission on the Traffic Study for the North Ford Planned Community; Sustain the action of the Planning Commission on the Traffic Study for Koll • Center Newport Office Site "C "; Volume 37- Page 330 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CAL �t�tn GS� October 24, 1983 INDEX Volume 37 - Page 331 Sustain the action of the Planning GPA 82 -1 Commission on Amendment No. 1 to the • North Ford Traffic Phasing Plan; AND Sustain the action of the Planning Commission on Amendment No. 2 to the Koll Center Newport Traffic Phasing Plan. 4. Mayor Hart opened the public hearing GPA 83 -1 regarding GENERAL PLAN AMENDMENT NO. 83 -1, a (45) request initiated by the City of Newport Beach to amend the Land Use and Residential Growth Elements of the Newport Beach General Plan so as to allow construction of an additional 428 dwelling units in Newport Center, including 150 affordable units in Newport Village; AND AMENDMENT NO. 594 (ORDINANCE NO. 83 -27), a PCA 594 request initiated by the City of Newport Beach to consider the adoption of a Planned Community Development Plan for the Newport Village area in Newport Center. Area bounded by East Coast Highway, MacArthur Boulevard, San Miguel Road, and Avocado Avenue, in Newport Center. Report from the Planning Department, was • presented. Barry Allen, 1021 Whitesails Way, representing the Harbor View Hills Homeowners Association, addressed the Council and stated that they were in concurrence with the conditions of approval recommended by the Planning Commission. Dick Nichols, President, Corona del Mar Community Association, addressed the Council and stated that they did not want to see all of the allowable park acreage applied to the subject site. He also discussed affordable housing and the type of people it could possibly attract. He stated that they were not against low -cost housing, but were opposed to politically predetermined housing. He also stated that in some cases capital requirements can keep the elderly from utilizing affordable housing, and that if these units are purchased by the minority, there may be an abnormal amount of racial minorities in the community. Council Member Agee stated for the record, that it was embarrassing to him to hear the kind of comments made by Mr. Nichols with • "racial" overtones, who represents the Corona del Mar Community Association. Volume 37 - Page 331 CITY OF NEWPORT BEACH COUNCIL MEMBERS \A1 00{ qG 9� �9 �G 9 L 9�' I(O ASS October 24, 1983 MINUTES INDEX Volume 37 - rage 332 Robert Blake of The Irvine Company, 616 GPA 83 -1 Newport Center Drive, addressed the Council • and referred to Page 20, Item 10 of the staff report. He noted that the Government Code Section referred to should read Section 65580, rather than 65590, as the latter pertains to the City's housing element. Lucille Kuehn, 1831 Seadrift Avenue, addressed the Council and stated that she was in support of General Plan Amendments 82 -2 and 83 -1. However, she was concerned that: 1)The City is not providing housing opportunities to those people who earn less than $30,000; and 2)The City is running the danger of stagnation with a trend toward a one dimensional older affluent population, as evidenced by the closing of Corona del Mar Elementary School, and possibly others. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to correct Item 10, Page 20, Res 83 -107 as recommended in the foregoing, and adopt Resolution No 83 -107, approving amendments to the Land Use and Residential Growth Elements of the Newport Beach General Plan; • AND Adopt Ordinance No. 83 -27, adopting a Core Ord 83 -27/ Planned Community Development Plan for PCA 594 Newport Village, in Newport Center (Planning Commission Amendment No. 594). Council Member Strauss stated, for the record, that he will support the motion, but will continue to have reservations about the 10 -year period of time for affordability and whether it really accomplishes anything in the long run. All Ayes The motion was voted on and carried. 5. Mayor Hart opened the public hearing GPA 82 -2 regarding GENERAL PLAN AMENDMENT NO. 82 -2, a (45) request initiated by the City of Newport Beach to amend the Land Use Element of the Newport Beach General Plan for Area 8 of the Aeronutronic Ford Planned Community from "Low- Density Residential" uses to "Multi- Family Residential" uses, and the acceptance, approval and certification of an Environmental Impact Report; • AND Volume 37 - rage 332 COUNCIL MEMBERS \CAL\L9 ROLL \tp � � • • • •' ' • MINUTES October 24, 1983 c aga �� Amnd 3/ AeronFord P -C TPP Trfc Study/ AeronFord PCA 591 TMapTr 11604 U/P 3054 AMENDMENT NO. 3 TO THE AERONUTRONIC FORD PLANNED COMMUNITY TRAFFIC PHASING PLAN, a request to consider an amendment to the Aeronutronic Ford Traffic Phasing Plan so as to allow a 198 unit residential condominium development in Area 8, within the Aeronutronic Ford Planned Community; AND TRAFFIC STUDY, a request to consider a traffic study in conjunction with the construction of a 198 unit residential condominium development in Area 8 of the Aeronutronic Ford Planned Community; AND AMENDMENT NO. 591, a request to amend the Aeronutronic Ford Planned Community Text so as to increase the number of allowable dwelling units in Area 8 and to revise the development standards for Areas No. 1, 6, 7, and 8 of the Planned Community. Area bounded by MacArthur Boulevard, Ford Road, Jamboree Road, and Bison Avenue in the Aeronutronic Ford Planned Community; AND TENTATIVE MAP OF TRACT NO. 11604, a request of the J. M. PETERS COMPANY, Newport Beach, to establish a single lot subdivision for residential condominium purposes where 34 lots now exist in conjunction with the construction of a 198 unit residential condominium development. Property located on the southeasterly corner of Bison Avenue and Jamboree Road, commonly known as "Belcourt" Area 8, within the Aeronutronic Ford Planned Community; zoned P -C; AND USE PERMIT NO. 3054, a request to permit the construction of a 198 unit residential condominium development and related garage spaces on property located in Area 8 of the Aeronutronic Ford Planned Community. Report from the Planning Department, was presented. The City Clerk reported that after printing the agenda, a letter was received from Crystal C. Sims, Attorney representing the Legal Aid Society of Orange County, in opposition to the request for approval of Tentative Tract Map No. 11604. The City Manager summarized the staff report and distributed a list of three items to be straw -voted on at the conclusion of the hearing. c aga �� Amnd 3/ AeronFord P -C TPP Trfc Study/ AeronFord PCA 591 TMapTr 11604 U/P 3054 CITY OF NEWPORT BEACH COUNCIL MEMBERS 9('F�O� �'9 y9y��`,yv y(^� tnpG�� October 24, 1983 ROLL MINUTES LWW It was pointed out that the project, as GPA 82 -2 recommended by the Planning Commission (150 units), would provide 28 affordable housing • units. The project, as proposed by the applicant, would provide 40 affordable housing units. The 168 unit project would provide 33 affordable housing units. The provision of these units warrants the Council's careful consideration of the applicant's request. Either the 198, 168 or 150 unit project exceeds both of the performance objectives No. 1 and No. 2 contained in the Housing Element by providing a more than twenty -five percent unit increase in housing production, and a more than ten percent provision of affordable housing; thereby satisfying program objectives Nos. 3, 5, 6, 7, 8 and 11 of the Housing Element. Robert Trapp of the J. M. Peters Company, described the project as displayed in the exhibits, and discussed the three alternatives. Ralph Martin of Richardson, Nagy and Martin, Architects, reviewed the site plans. Following discussion of in -lieu park fees as required by the Park Dedication Ordinance, and the "Fair- Share" for contributions for circulation system improvements and noise walls for affordable units, and previously- approved units, the public hearing • was closed. At this time, the Council took straw votes on the following: Ayes x x x x x x 1. Amended the land use designation Noes x from "low density" (38 DU's) to "multi- family" 168 units. Ayes x x x 2. Should affordable housing be Noes x x x x excluded from in -lieu park fees, FA LE and should the City Attorney be directed to prepare an amendment to the Park Dedication Ordinance, which would give the City Council discretion to waive park dedication fees in cases where affordable housing is to be provided? Ayes x 3. Should affordable housing be Noes x x x x x x excluded from "Fair- Share" transportation improvement fees? Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to sustain the Ay x x x x x x recommendations of the Planning Commission, N� x as modified by the straw votes taken in the foregoing, and Volume 37 - Page 334 CITY OF NEWPORT BEACH COUNCIL MEMBERS -Vl(; ��9G'F'A -A \%� Rnl f AI 1 'Q �,Q � October 24, 1983 MINUTES INDEX Adopt Resolution No. 83 -108, accepting, Res 83 -108 approving and certifying the Final EIR as indicated in Attachment A; Make the Findings contained in the Statement of Facts (Attachment A, Exhibit 1) with respect to significant impacts identified in the Final EIR; Find that the facts set forth in the Statement of Overriding Considerations (Attachment A, Exhibit 2) are true and are supported by substantial evidence in the record, including the Final EIR; With respect to the project, find that although the Final EIR identifies certain unavoidable significant environmental effects that will result if the project is approved, those mitigation measures identified in the Certified Final EIR shall be incorporated into the proposed project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in said Statement of Overriding Considerations (Attachment A, Exhibit 2), giving greater weight to the unavoidable environmental effects, are • acceptable; Adopt Resolution No. 83 -109, sustaining Res 83 -109 the recommendations of the Planning Commission and approving an amendment to the Land Use Element of the Newport Beach General Plan designated General Plan Amendment 82 -2(b) (Belcourt); Sustain the recommendations of the Planning Commission with respect to Amendment No. 2 to the Aeronutronic Ford Traffic Phasing Plan; Sustain the recommendations of the Planning Commission with respect to the Traffic Study; Adopt Resolution No. 83 -110, amending Res 83 -110 the Aeronutronic Ford Planned Community District Regulations and Map; Approve the Tentative Map of Tract No. 11604 with the Findings and subject to the Conditions as recommended by the Planning Commission; • AND Volume 37 - Page 335 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES Vol OLL CALL .Q ��F� S October 24, 1983 INDEX Sustain the action of the Planning Commission and approve Use Permit No. 3054 with the Findings and subject to • the Conditions as recommended. 6. Mayor Hart opened the public hearing Ord 83 -28 regarding ORDINANCE NO. 83 -28, being, Zoning (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.10 AND SECTION 20.87.140 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING REGULATIONS PERTAINING TO SECOND FAMILY RESIDENTIAL UNITS ON SINGLE - FAMILY LOTS IN THE CITY OF NEWPORT BEACH, PLANNING COMMISSION AMENDMENT N0. 595, PCA 595 initiated by the City of Newport Beach to amend the Municipal Code, establishing regulations pertaining to second family residential units on single - family lots in the City of Newport Beach. Report from the Planning Department, was presented. Motion x Motion was made to continue this public All Ayes hearing to November 14, 1983. The Planning Director commented on what would occur if the subject ordinance was not adopted at this time. He also stated that, • in the absence of the ordinance, the staff could still proceed with the processing of a request, subject to the Use Permit procedures set forth by the State of California. It was also noted that notices of this hearing and subject ordinance were sent to all homeowner associations and the Board of Realtors. 7. Mayor Hart opened the public hearing Vacation/ regarding VACATION OF A PUBLIC UTILITIES Reims In EASEMENT, REIMS LANE, TRACT NO. 8336. (90) Report from the Public Works Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 83 -111 All Ayes 83 -111, ordering the vacation of a public utilities easement; and directing the City Clerk to record said resolution upon completion thereof. . E. PUBLIC COMMENTS. None. • Volume 37 - Page 336 CITY OF NEWPORT BEACH COUNCIL MEMBERS \A1 f 9� p 0% P Gs October 24, 1983 . 'Q \ MINUTES 113TiT37 Volume 37 - Page 337 F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, yes except for those items removed: I. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 83 -112 authorizing the Beeco /CNB Mayor and City Clerk to execute an Res 83 -112 Agreement between the City and BEECO for C -2420 settlement of Eminent Domain Litigation. (38) (Report from Utilities) 3. CONTRACTS /AGREEMENTS: (a) Award Contract No. 2380 to Gillespie '83 -84 Strm Construction of Costa Mesa for $218,237 Drn Impv for 1983 -84 Storm Drain Improvement C -2380 Program; and authorize the Mayor and the (38) City Clerk to execute said contract. (Report from Public Works) (b) Consent of City to Sale of Mobile Home Marinapark and Trailer Park Space - Newport MHSTrlr Sp Marinapark Space #1 -A. (Report from the #1 -A City Attorney) C -1784 (38) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. • (b) To the Executive Assistant to the City O /C -J /Wyn Manager for reply, letters regarding air Arprt transportation suggestions from Jennifer (54) Erlinger, and Jeff Gould. (c) To staff for reply, inquiry from Matt PD /Ofns Brown regarding the Newport Beach (70) Municipal Code, Title 10 "Offenses and Nuisances." (d) To Public Works for reply, request from PW /Back Bay John Gerst, student, regarding the Back (74) Bay area. (e) To Traffic Engineering for reply, letter Trfc Lights from Jenny DeRevere regarding traffic (85) light system. (f) To the Police Department for reply, PD /Helicoptr letter from Kristy McNamee, student, (70) regarding the Police Helicopter. (g) To staff for reply, letter from Tom PD /Prkg Simovich regarding protest of (70) parking - cleanup violation. (h) To Public Works for inclusion in the PW /SJgn records, copy of letter from Harbor View Crdr • Knoll Community Association to Orange (74) County Board of Supervisors regarding San Joaquin Corridor. Volume 37 - Page 337 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES e. oni i rAi '11 �,p�.p S+ October 24, 1983 INDEX (i) To Public Works for inclusion in the PW /Upr Bay records, letter from P. Jay Burchett (74) regarding Upper Bay road and storm • damage repair. 5. COMMUNICATIONS •• For referral to the City Clerk for inclusion in the records: (a) Copy of communications regarding "Novak's - The Place" of business; and after the agenda was printed, a letter was received from Priscilla Yocom. (b) Orange County Local Agency Formation Commission Minutes of September 28; and preliminary agenda for October 26, 1983. (c) Applications before the California Public Utilities Commission: 1) Application 82- 02 -40: Notice of Amended Application Southern California Edison Company. 2) Application 83- 10 -01: Order Instituting Investigation to establish list for fiscal year 1984 -85 of existing and proposed crossings at grade of city /county streets, roads, etc. 3) Petition to Reopen Application 82- 08 -55, filed by FunBus Systems, • Inc, for Certificate of Public Convenience and Necessity to operate as a passenger state corporation. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) American Continental Ins. Co, for Robert Amer Cntnt] Sawyer, alleging property damage to Ins /Sawyer vehicle, as well as personal injuries as result of traffic accident at 32nd Street and Lake Avenue on July 14, 1983. (b) Andy Diaz, alleging unlawful arrest and Diaz imprisonment by City Police Department at Apartment 236 of Beach House Apts., 1433 Superior Avenue, on June 15, 1983. (c) Thomas Pilpi, alleging property damage Filpi when City sign fell on hood of legally parked vehicle, thereby taking off paint in several places at 41st Street, on October 13, 1983. (d) Janine Eloise Hopkins for damages as Hopkins • result of allegedly being rear -ended by City Utility Truck on Pacific Coast Highway at Riverside, on August 2, 1983. Volume 37 - Page 338 CiT'Y OF NEWPORT BEACH COUNCIL MEMBERS �F,p gtn tr 64P October 24, 1983 MINUTES INDEX oiume ji - rage 339 (e) John H. Peterson seeking reimbursement Peterson of rowboat allegedly picked up on July • 5, 1983 at Shore Mooring, Balboa Island by Harbor Patrol and sold at Police Auction. (f) Virginia Swanson for personal injuries, Swanson alleging City Lifeguard ran over her while on the City beach west of 19th Street, on September 12, 1983. (g) Patric Todd Trevino for personal Trevino injuries allegedly sustained as a result of motor vehicle /pedestrian accident at Balboa Boulevard, near 20th Street, on September 6, 1983. (h) Zdislaw Ted Zakrzewski alleging Zakrzewski defective condition of highway caused him to hit disabled vehicle in right lane of connector ramp parked under overpass, (IS 405, connector ramp southbound on 55) on August 4, 1983. For rejection -- Not timely filed: (i) Late Claim of The Hertz Corp, and The Hertz William Wade London, alleging personal Corp /London injuries as a result of neglect on part of City regarding maintenance, construction, design and control of roadway when he was involved in traffic accident at SR- 73/511 feet north of the • north curb of Von Karman, on February 3, 1983. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Patricia and Robert Costa, Orange County Costa Superior Court, Case No. 41- 23 -03. Claim was denied by City Council on June 27, 1983. (b) Celia Forrester for personal injuries, Forrester Orange County Superior Court Case No. 41- 27 -01. Claim was denied by City Council on September 12, 1983. 8. REQUEST TO FILL PERSONNEL VACANCIES: (Report (66) from the City Manager) (a) One Maintenance Man I (Asphalt Crew), General Services. Department. (b) One Steno Clerk II, City Attorney's Office. (c) One Steno Clerk II, Public Works Department. • (d) One Plan Check Engineer, Building Department. oiume ji - rage 339 CITY OF NEWPORT BEACH COUNCIL MEMBERS \% ROLL rAl pG�� October 24, 1983 MINUTES INDEX Volume 37 - Page 340 (e) One Utilities Construction Specialist, Utilities Department. . (f) One Police Clerk I, Police Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Planning Department Housing regarding the SECOND YEAR HOUSING Astnc Plan ASSISTANCE GOALS, being a part of the (87) previously- approved three year Housing Assistance Plan (HAP). (b) ACCOUNTING FOR "RESERVE FUND" PB &R /Arts APPROPRIATION, report from Chairman of Cmsn Rsry the City Arts Commission. Fnd (62) (c) Report from the Public Works Department - ALLOW THE PUBLIC WORKS DEPARTMENT TO W /Christmas APPROVE THE DISPLAY OF CHRISTMAS LIGHTS ghts AND DECORATIONS ON CITY STREETS SUBJECT (74) TO CONDITIONS. (d) Status report from Building Director Building regarding COMPLAINT AGAINST RAY BALTERA (26) BY KRISTINE FAISON AT 510 AND 512 POINSETTIA, CORONA DEL MAR. (e) MANAGEMENT LETTER FROM CITY AUDITOR. Mgm Audit C- 2254(38) (f) FINANCIAL REPORT FOR FISCAL YEAR - ENDING , FY 83 Fncl JUNE 30, 1983, WITH AUDITOR'S OPINION. • pt (40) 10. PUBLIC HEARING SCHEDULING - For November 14, 1983: (a) Appeal of Albert Mardikian Engineering, /P 1987(A) d dba, Trend Import Sales, Inc., from the Var 1107 decision of the Planning Commission on (88) September 22, 1983, denying request for approval of USE PERMIT NO. 1987(AMENDED) and VARIANCE NO. 1107. (b) Certificates of Public Convenience and Towing Necessity for: A & P Automotive and (70) Towing; and Vick Wise Towing. 11. WEST COAST HIGHWAY SEWER MAIN REPLACEMENT CH'wy Swr FROM 62ND STREET TO BITTER POINT PUMP STATION Mn Rplcm/ (C -2274) - Approve plans and specifications; 62nd St and authorize the City Clerk to advertise for C -2274 bids to be opened at 11:00 a.m., November 16, (38) 1983. (Report from Public Works) 12. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION Resub 559 NO. 559 - Accept the public improvements (84) constructed in conjunction with Resubdivision No. 559; and authorize the City Clerk to release the Faithful Performance Bond (No. 2615835) and Labor and Material Bond (No. • 2615835) in six months, provided no claims filed. (Report from Public Works) Volume 37 - Page 340 COUNCIL MEMBERS \rAl o `'A 'A Roi i y�y y�9 �yG`r4' October 24, 1983 MINUTES iiunrY Volume 37 - Page 341 13. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION Resub 612 NO. 612 - Accept the public improvements (84) constructed in conjunction with Resubdivision No. 612; and authorize the City Clerk to release the Faithful Performance Surety in the form of a Letter of Credit in the amount of $100,000 and Labor and Material Surety in the form of a Letter of Credit in the amount of $100,000 in six months, provided no claims filed. (Report from Public Works) 14. ACCEPTANCE OF IMPROVEMENTS IN USE PERMIT NO. U/P 1994 1994 - Accept the public improvements (88) constructed in conjunction with Use Permit No. 1994; and authorize the City Clerk to release the Faithful Performance Surety (accepted in the form of a Cash Deposit) in the amount of $3,800 deposited into Account No. 02- 217 -02 on February 4, 1982, Receipt No. 24255; and Labor and Material Surety (accepted in the form of a Cash Deposit) in the amount of $3,800 deposited into Account No. 02- 217 -02 on February 4, 1982, Receipt No. 24255, in six months, provided no claims filed. (Report from Public Works) 15. APPROVE ENCROACHMENT PERMIT REQUEST - From Permit/ Puffins Incorporated for planter type Enchrm improvements adjacent to Puffins Restaurant Puffins,Inc. in Jasmine Avenue Street right -of -way. (65) (Report from Public Works) 16. Removed from the Consent Calendar. 17. Removed from the Consent Calendar. 18. Removed from the Consent Calendar. 19. APPROVE PERMIT FOR INSTALLATION OF TEMPORARY OffShr Mrg OFF -SHORE MOORING IN LOWER NEWPORT BAY FOR Perm /Dvr Shr NEWPORT DREDGING COMPANY'S DOVER SHORES (51) DREDGING PROJECT - Subject to conditions recommended in the staff report. (Report from Marine Department) 20. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE Council Exp RECORDS FOR APPROVAL FOR ATTENDANCE AT LEAGUE (33) OF CALIFORNIA CITIES, SAN FRANCISCO, OCTOBER 1983 - Mayor Hart, from October 2 -5, in the amount of $488.10; Council Member Heather, from October 2 -4, in the amount of $448.27; and Council Member Plummer, from October 2 -4, in the amount of $184.80. 21. APPROVAL OF SPECIAL TRASH PICKUP ON SATURDAY, GS /Trsh P /Up OCTOBER 29, 1983 - Regarding Bayshores Bayshores Community Association's request. (44) 22. BUDGET AMENDMENTS - For approval: (25) BA -032, $52,000.00 - Transfer of Budget Appropriations for complete funding for 1983 -84 Storm Drain Improvement Program, Contract 2380; General Services -Storm Drain Improvement Program Fund. Volume 37 - Page 341 CITY OF NEWPORT BEACH COUNCIL MEMBERS 9c��rO +a�9 Gtp October 24, 1983 MINUTES INDEX Volume 37 - rage 342 BA -033, $300.00 - Transfer of Budget Appropriations for replacement of Back -pack Blower; General Services -Field Maintenance Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. The following letters regarding proposed 0 /C -JWyn Arpt expansion of John Wayne Airport were (54) presented: James J. Gibbons, Robert and Jennie Holland, Arthur and Karen Yelsey, Jacqueline Trudeau, Elsie and Johnnie Walker; and after the agenda was printed, letters were received from Kenneth and Jane Sands, Ronald Ward, Mary and Dianne Woods, and Marcella Kelter. Motion x Motion was made to refer the subject letters All Ayes to the Aviation Committee for inclusion in the records. 2. APPLICATION BY OLIVER NELSON TO LAUNCH 42 Rhine Wharf FOOT TRIMARAN AT RHINE WHARF PARK; AND rk/Nelson 6 APPLICATION BY BRUCE REED TO LAUNCH 64 FOOT Reed Boat CATAMARAN AT RHINE WHARF PARK, were presented Lnchg with reports from the Marine Department. (51) Motion x Motion was made to approve the foregoing All Ayes applications, subject to the recommended conditions, with the change of launching time from 6 a.m. to 8 a.m., as recommended by staff. 3. HARBOR PERMIT APPLICATION #175 -524 OF STEPHEN Harbor Perm ELMORE to revise the residential pier and pl #175 -524 float bayward of 524 Via Lido Nord, was (51) presented with a report from Marine Department. Stephen Elmore, 524 Via Lido Nord, applicant, addressed the Council regarding his request. He stated that he is being requested to bring the existing pier into conformance with the City standard of 10' by 14', and the currently approved permit dimensions. He stated that modifying the existing pier would be a rather large project and somewhat costly. Tony Melum, Tidelands Administrator, stated that the Marine Department has taken the position in the past that, where there have been nonconforming piers, or when there is a transfer, or new owner, they have not required that they be brought up to City standards, except when an application comes in for a revision to an existing permit. Then the Department requests that the entire structure be brought up to code, which is the case in this instance. 0 Volume 37 - rage 342 .CITY OF NEWPORT BEACH COUNCIL MEMBERS \rA1\1 A ROLL � � ��Gtp October 24, 1983 MINUTES MITMi oiume 37 — Page 343 Mr. Elmore stated that his Marine Contractor did a survey of the piers on the north side of Lido Island, and noted that out of 90 piers, 46 are nonconforming. Motion x Motion was made to refer the subject All Ayes application to the Tidelands Affairs Committee for investigation and report back. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: Motion x 1. Motion was made to defer, until a final NB /CAC All Ayes determination has been made with respect to (P4)- the membership of the Citizens Advisory Committees, APPOINTMENTS TO NEWPORT BEAUTIFICATION CITIZENS ADVISORY COMMITTEE FOR TERMS ENDING DECEMBER 31, 1983 for .(District 4) Council Member Heather's appointment to fill the unexpired term of LaVerne Schvarz; (District 6) Council Member Agee's appointment to fill the unexpired term of Dick Forney; and (District 7) Council Member Cox's appointment to fill the unexpired term of Bror Monberg, Motion x 2. Motion was made to defer, until a final CTAC All Ayes determination has been made with respect to (24) the membership of the Citizens Advisory Committees, APPOINTMENT TO CITIZENS TRAFFIC ADVISORY COMMITTEE (District 7) Council Member Cox's appointment to fill the unexpired term of Gordon Young, ending December 31, 1983, 3. RESOLUTION ESTABLISHING THE AD HOC TRANSIENT Finance /TOT OCCUPANCY TAX COMMITTEE, was presented. (40) Council Member Strauss expressed his concerns with respect to the duties and makeup of the subject committee, and indicated among other things, that he felt items 3 and 4 under duties should be deleted. Council Members Cox and Agee indicated they were in concurrence with some of the comments made by Council Member Strauss, and indicated that they could not see what would be accomplished by having such a committee. Motion x Motion was made to not adopt the proposed resolution. Motion x Substitute motion was made to table this item Ayes x x x x x for one year, which motion carried. Noes x x 4. RESOLUTION ESTABLISHING THE JOINT Upr Npt Bay/ GOVERNMENTAL COMMITTEE FOR THE EVALUATION AND Jt Gvrnmtl IMPLEMENTATION OF THE UPPER NEWPORT BAY Cmte COOPERATIVE AGREEMENT, was presented. C -2203 (38) oiume 37 — Page 343 COUNCIL MEMBERS \rAi 0¢y�q ROLL �'�� October 24, 1983 MINUTES INDEX Volume 37 - Page 344 Report from the City Manager, was presented. Mot' n x Motion was made to adopt Resolution No, es 83 -113 A)es 83 -113; appoint Mayor Hart as the City's Representative, and Council Member Heather, as Alternate. 5. APPOINTMENT OF "VOLUNTEER ATTORNEY" TO THE Aviation Cmte CITY'S AVIATION COMMITTEE. (24) Motion x Motion was made to confirm the Mayor's All Ayes appointment of Albert Graham to serve as a "Volunteer Attorney" on the Aviation Committee. J. CURRENT BUSINESS: 1. Request from Council Member Strauss to delete Cncl Plcy paragraph 17 from COUNCIL POLICY B -1, was -1 presented. (69) Council Member Strauss summarized his report, wherein he noted that the County is unable, or unwilling to meet some of the requests which are fundamental to the City, such as a commitment to an alternate additional airport. Motion x Council Member Strauss stated that it was Ayes x very unlikely that a binding agreement will Noes x x x x x x be reached, and therefore, moved to delete paragraph 17 of Council Policy B -1 pertaining to binding agreement, which motion FAILED. K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to adopt Resolution No. /C League All Ayes 83 -114, honoring Duane Winters for his 15 Cities years of service on the League of California Res 83 -114 Cities. (61) Meeting adjourned at 12:30 a.m. Mayor ATTES City Clerk Volume 37 - Page 344