HomeMy WebLinkAbout09/28/1981 - Adjourned Regular MeetingCOUNCIL ME B RS
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CITY OF NEWPORT BEACH
ADJOURNED COUNCIL MEETING
PLACE: Council Chambers
TIME: 3:00 P.M.
DATE: September 28, 1981
MINUTES
I Mf1FY
Present
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A. ROLL CALL.
B. Minutes for approval: None.
on .
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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:
1. Mayor Heather opened the public hearing regarding
General
consideration of proposed revisions to the HOUSING
Plan /Housing
ELEMENT of the Newport Beach GENERAL PLAN, initi-
Element
ated by the City of Newport Beach, and the accep-
(45)
tance of an Environmental Document.
Report from the Planning Department, was presented.
Letter from The Irvine Company regarding the
Newport Beach Housing Element, was presented.
It was pointed out that Attachment No. 5 of the
Planning Department's report reflected the proposed
modifications under consideration at this time.
Ward Connerly, Consultant for the Housing Element,
addressed the Council and stated that since sub-
mission of the Housing Element in draft form,
there have been countless meetings with those who
have expressed interest in commenting upon the
document. They have entertained the suggestions
submitted by the Coastal Commission, and he has
conferred at length with staff representatives of
the State Department of Housing and Community
Development. As a result, there have been several .
changes made in the draft element that they feel
respond to findings and comments of those named.
Mr. Connerly commented that he felt the market
place was demanding higher density, and that con-
trary to popular belief, the proportion of multi-
family units in this community, in relation to
single - family, is far greater than the proportion.
of multi- family to single- family in Orange County
as a whole, and in the State of California. In
addition, he felt that the development industry,
in many instances, is somewhat behind in what the
market place is asking for. The essence of the
Housing Element is to provide the.flexibility for
the market place to adjust to their own economic
realities. Higher density is one method of hand-
ling it, and allowing the conversion of existing
rental units to ownership, is another alternative.
Discussion ensued with respect to the Mello Bill
(SB 626), and it was pointed out that there was
nothing in the Housing Element that contradicts
with what the bill intends.
Volume 35 - Page 298
CITY OF NEWPORT REACH
C UNCIL s
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ROLL CALL September 28 1981
INDEX
As requested by the Mayor, undeveloped sites for
General Plan/
housing, as enumerated on Page I -61, 62 and 63 of
Housing Elem
the Draft Housing Element, were reviewed as to the
number of dwelling units per acre.
During discussion, the subject of airport noise was
raised, wherein Mr. Connerly pointed out that there
are requirements in the State Housing law which
govern noise control.
Mr. Leonard Hampel, Attorney with Rutan and Tucker,
representing the City of Newport Beach, advised the
Council that there were two alternatives for con-
sideration with respect to the adoption of the
Housing Element: 1) The Council could adopt the
Draft Housing Element as presented, and then pro-
ceed with the implementation plan, or it could
instruct the staff to treat it as another amendment
to the document, bringing back specific sites; or
2) not adopt the Housing Element at this time,
thereby not complying with State Law.
As to time constraints, Mr. Hampel stated, that
basically, the law now .provides (as part of the
Roos Bill) that cities adopt a Housing Element by
October l of this year.
Irma Batham, 20451.Upper Bay Drive, Santa Ana
Heights, addressed the Council and commented on
airport noise and laws relating thereto.
Dave Dmohowski, representing The Irvine Company,
addressed the Council and referred to a letter
dated September 10, 1981, from Mr. Thomas Nielsen,
Senior Vice - President of Community Development of
The Irvine Company regarding the City's Housing
Element. Mr. Dmohowski stated that they view the
draft Housing Element as a reasonable and defen-
sible attempt to meet in good faith the intent of
State law, as well as accommodate the needs of the
City.
In response to question raised by Council Member
Hummel, Mr. Dmohowski stated that they did review
_ the responses from the State Department of Housing.
and Community Development, as well as the responses
to those responses, and felt they were adequately
addressed.
Hearing no others wishing to address the Council
the public hearing was closed.
Motion
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Motion was made to adopt Resolution No. 11051,
amending the Housing Element of the City of Newport
Beach to comply with the provisions.of Article 10.6
of Chapter III, Title 7 of the Government Code
(Roos Bill), and certifying as complete the Final
Environmental Impact Report prepared in conjunction
with the proposed amendments. Said action includes
the recommendations of the Planning Commission as
set forth in their report. In addition, the
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Planning Commission is directed to review sites an
densities and report back to the City Council.
Volume 35 -'Page 299
CITY OF NEWPORT BEACH
C AU L ti MsE � � GB .c 9 � R
S MINUTES
ROLL C September 28, 1981 INDEX
Motion
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Council Member Strauss amended the motion, with
General Plan/
the consent of the maker of the motion, to delete
Housing Elem
from the Housing Element Item No. 2 -(a), Implemen-
tation Plan relating to Condominium Conversion
as set forth on Page IV -25 of Attachment No. 5.
Council Member Hummel stated for the record, that
he would support the motion even though he was not
in support of the Housing Element in its entirety.
In his judgment, the Condominium/ Conversion Ordi-
nance, if taken away, would not provide one single
more unit for people living in the City. He felt
the City, and most coastal cities, have rents
which are far below what should be achieved by the
economics, or the value of the property. The City
is running less than 1/2% per month rent of the
value of the property.
Ayes
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The motion on the floor, as amended, was voted on,
Noes
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and FAILED.
Adopted Resolution No. 11051 amending the Housing
R -11051
Motion
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Element of the City of Newport Beach to comply with
the provisions of Article 10.6 of Chapter III,
Title 7 of the government code of the State of
California (Roos Bill) and certifying as complete
the Final Environmental Impact Report prepared in
conjunction with the .proposed amendments.
Council Member Hummel stated for the record that
he was opposed to the motion for the following
reasons: "I feel that the Housing Element as
prepared, although due on October 1, is fraught
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with items which are not compatible with what it is
designed to do. I do not feel an urgency exists
to accomplish this by the due date, since there is
no great penalty before the City to not revise it
into an accessible mode prior to submission."
Council Member Maurer stated for the record that he
was in support of the motion for the following
reasons: "I believe in following the State Law,
even though it may not have any teeth in it. I
also believe this is something the City is imple-
menting only, and that the concerns expressed could
be addressed at the time of public Bearings before
the Planning Commission, and if necessary, the
Housing Element can be amended at that time."
Ayes
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The motion was voted. on, and carried.
Noes
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J. CURRENT BUSINESS:
1. LOCAL COASTAL PROGRAM - Coastal Commission Staff
LCP /Planning
recommendations.
Commission
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Volume 35 - Page 300
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CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
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ROLL CALL �n A Annrnrol 9R IQAI INQFX
A report from the Planning Department regarding
LCP /Plug Com
City Council Ad Hoc Committee direction to staff,
was presented.
The City Manager stated that on February 23, 1981,
the City Council adopted conceptually, a Land Use
Plan of the Local Coastal Program. The adoption
did modify the language with respect to University
Drive as recommended by the Planning Commission.
Under policies within the Land Use Plan, the Plan-
ning Commission had recommended the existing City
of Newport Beach Master Plan of Streets and High-
ways be utilized as a guide for system recommenda-
tions, except for University Drive, which is
specifically excluded from the Land Use Plan. The
City Council in adopting the Local Coastal Plan,
conceptually deleted "except for University Drive
which is specifically excluded from the Local
Coastal Plan," and inserted in lieu, thereof, the
following sentence:
"Future decisions on University Drive should
be based on formal environmental and technical
analysis, recognizing the proximity to the
Upper Newport Bay Ecological Reserve."
The City Manager advised that following adoption
of the Land Use Plan, it was submitted to the Coast
al Commission. After it had been analyzed, the
City Council received their comments, and as a
result, created a Council Ad Hoc Committee to
assist staff in preparing a sales /presentation
plan to work out and resolve the differences
between the conceptual adoption and the comments
of the Coastal Commission. staff. To initiate
this effort, a Policy Change Summary list was
prepared by the staff which divides the Coastal
Commission comments into three categories;
unacceptable, resolvable, and acceptable. After
preparation of the Policy Change Summary, the Ad
Hoc Committee met and agreed with the division made
by the City staff of the Coastal Commission com-
ments, with the'exception of University Drive.
There was a division amongst the Ad Hoc Committee
as to whether the deletion of University Drive
should be "resolvable" or "unacceptable" to the
City staff. The Ad Hoc Committee, therefore,
requested this subject be placed on the Council
agenda so that the Council, without amending the
Land Use Plan, could give direction to the staff to
commence negotiations with the staff of the Coastal
Commission.
It was noted that the City's Land Use Plan will be
before the Coastal Commission again during the
week of October 20, wherein the Mayor and City
staff will be present.
Volume 35 - Page 301
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CAL\RROLL
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Motion
Ayes
Noes
Motion
All Ayes
CITY OF NEWPORT BEACH
MINUTES
September 28. 1981
INDEX
University
Drive
(67)
a
In response to Council inquiry, the City Manager
advised that the City would be receiving a cost
estimate for preparation of an Environmental Impact
Report within 45 days.
Irma Batham, 20451 Upper Bay Drive, Santa Ana
Heights, addressed the Council in support of
deleting University Drive from the Land Use Plan.
Frank Robinson, 1007 Nottingham Drive, addressed
the Council, and stated that he felt there were
alternatives available to University Drive, which
he explained.
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Motion was made to place University Drive'in.a
category of "resolvable,'.' and that those represent-
ing the City before the Coastal Commission be
directed to negotiate this position and report
back to the City Council.
Mayor Heather indicated that.a further report could
come before the Council on October 13; however, no
official action was taken, or direction given.
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The motion was voted on, and carried.
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The meeting was adjourned at 5:41 p.m.
ayor
ATTEST:
City Clerk
Volume 35 - Page 302
INDEX
University
Drive
(67)
a