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
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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
•
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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
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-
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
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ROLL C November 22. 1982
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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
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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.
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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
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Planning Commission for review and comment.
K. ADDITIONAL BUSINESS:
Motion
x
1. Motion was made to schedule public hearing for
U/P 3004
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December 13, 1982, on Use Permit No. 3004 (20 -unit
motel).
Motion
x
2. In considering a possible closed session regarding
OC /JWyn A
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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
.
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