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HomeMy WebLinkAbout11/28/1983 - Regular MeetingPresent x Absent x on Ayes Motion All Ayes Motion All Ayes • is CITY .OF NEWPORT BEACH x x x x x' x x 19 MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: November 28, 1983 A. ROLL CALL. B. The reading of the Minutes of the Meeting of November 14, 1983, was waived, approved as written, and order filed. C. The reading in full of all ordinances and 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 Vacation/ hearing regarding VACATION OF STREET Street RIGHT -OF -WAY FOR THE CONVERSION OF PUBLIC Harbor Hill STREETS TO PRIVATE STREETS WITHIN TRACT (90) 10151 -- HARBOR HILL. Report from Public Works, was presented.. It was recommended the public hearing be continued, as the Department of Real Estate has not yet completed their review of the agreement to be.executed between property owners and the Community Association. Motion was made to continue the public hearing until January 9, 1984. 2. Mayor Hart opened the public hearing and City U/P 3058 Council review of an APPEAL BY ROBERT F. Novak's P1 NOVAK, Corona del Mar, from the approval by (88) the Planning Commission on October 6, 1983, of USE PERMIT NO. 3058, a request to reestablish a restaurant with on -sale alcoholic beverages, known as "NOVAK'S PLACE," on property located at 2920 East Coast Highway, on the easterly side of East Coast Highway, between Heliotrope Avenue and Iris Avenue in Corona del Mar; zoned C -1. Report from the Planning Department, was presented. The City Clerk reported that after printing the agenda, a letter was received from the applicant's attorney requesting the public hearing be continued for two months, inasmuch as the business has been sold and the property is in escrow. The City Clerk further advised that two additional communications had been received after printing the agenda, from Sandy and Richard Nichols, 519 Iris Avenue, regarding the operation of Novak's Place. Volume 37 - Page 363 i An All Ayes 0 x CITY OF NEWPORT BEACH MINUTES November 28, 1983 Robert Frank Novak, 500 Morningstar Lane, /P 3058 applicant, addressed the Council regarding ovak's P1 his request for continuance. He stated that the new owner has agreed to the Conditions of Approval as recommended by the Planning Commission; however, he did feel it would be difficult to provide the additional 21 off - street parking spaces as required. He stated that he has attempted to comply with all the Conditions of Approval and has removed the video games and changed the closing hour to 12 midnight. Richard Nichols, 519 Iris Avenue, addressed the Council and stated he lives directly behind Novak's Place. He cited numerous problems connected with the establishment, and stated that he did not think anything would be gained by continuing the public hearing. He suggested that designated areas be provided for delivery trucks, and also discussed the "grandfathering" of a net increase in public area of approximately 50 %. During discussion, the City Attorney stated that the items which Mr. Nichols cited in his letters may have some merit, and therefore, should be reviewed by his office. Mr. Novak addressed the Council again, and . stated that he could "live" with the Conditions of Approval, as recommended by the Planning Commission. In view of the foregoing, motion was made to continue the public hearing to January 23, 1984, subject to the Conditions of Approval as recommended by the Planning Commission, and set forth in the staff report. It was noted that the City Council reserved the right to send this item back to the Planning Commission if deemed appropriate. 3. Mayor Hart opened the public hearing W/B regarding BALBOA BOULEVARD WIDENING - -33RD Widn STREET TO 44TH STREET. (74) Report from Public Works, was presented. Letters dated October 17 and November 1, 1983, from Environmental Quality Citizens Advisory Committee regarding subject project, were presented. Volume 37 - Page 364 B1 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALL sJ,S y ROLL ��.j► �t^��� November 28, 1983 MINUTES INDEX The City Clerk reported that after printing PW /Balboa B1 the agenda, a letter was received in Widng opposition to the project from Dr. R. Kennon Boyden, property owner on 45th Street. City Engineer Donald Webb outlined the project. Project Engineer Horst Hlawaty discussed the exhibits on display and the alternatives available with Alternative 4 (Modified) being the preferred Alternative. In response to Council inquiries, City Engineer Webb stated there will be four additional parking places as a result of the project. With regard to 38th Street Park, either General or Park funds will be used for the "betterment" of the Park, estimated at $80,000 to $90,000. They intend to preserve as many of the palm trees as possible, and the landscaping plans and specifications will come back to the Council prior to advertisement for bids. The underground of utilities will be considered separately and is not a part of this project. Robert Caminiti, 110 -36th Street, addressed the Council in support of the project and suggested.bicycle lanes be striped in connection with the project. With respect to 38th Street Park, he stated it was too bad the park had to be reduced in size, as it • limits recreational activities. City Engineer Webb, in response to the letter received from Dr. R. Kennon Boyden, stated that Dr. Hoyden's comments would be reviewed and taken into consideration together with other comments received in the planning process. Motion a Motion was made to accept, approve and All Ayes certify the Final EIR (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 SIR; with respect to the project, find that although the Final EIR identified certain unavoidable Volume 37 - Page 365 • • • CITY OF NEWPORT BEACH MINUTES November 28, 1983 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 -124 requesting the County of Orange allocate funds for Balboa Boulevard Street Widening in connection with the Arterial Highway Financing Program for Fiscal 184 - 185; and direct staff to apply for AHFP funding for right -of -way acquisition in fiscal year 1984 -85. 4. Mayor Hart opened the public hearing regarding TENTATIVE MAP OF TRACT NO. 10814 (REVISED), a request of The Irvine Company, Newport Beach, to revise a previously - approved Tentative Map for Tract No. 10814 which permitted the creation of three lots for residential condominium purposes in conjunction with a 32 unit residential condominium development in the BIG CANYON PLANNED COMMUNITY. The proposed revision is to create 21 numbered lots for single - family residential purposes; one numbered lot for private recreational purposes; four lettered lots for private open space purposes; and two lettered lots for private street purposes. Property located on the northerly side of San Joaquin Hills Road between Jamboree Road and MacArthur Boulevard; zoned P -C. Report from the Planning Department, was presented. The City Clerk advised that after printing the agenda, a letter was received from the Legal Aid Society of Orange County, requesting denial of Tentative Tract Map No. 10814. Volume 37 - Page 366 83 -124 TMap Tr 10814(R) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CA1 ®��ti�1 GNovember 28, 1983 ROLE 9 9 d' MINUTES iuncv The City Manager summarized the staff report TMap Tr • and discussed Conditions No. 56 and 22. Also discussed was the letter from Big Canyon 10814(R) Community Association, and in reference to their request, the City Manager stated that the staff felt an additional condition could be imposed requiring that the perimeter access be constructed to the satisfaction of the Public Works Director. Reference was also made to Condition No. 54, regarding preference in the rental or sale of the "affordable units," wherein the City Attorney recommended this condition be deleted as it could present a legal problem. Nearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to approve the project, with the reinstatement of Condition No. 56, the deletion of Condition No. 54, that the street trees shall be provided as required by the Public Works and Parks, Beaches and Recreation Departments; and that the staff develop a plan for perimeter security and vehicular circulation to the satisfaction of the Public Works Director. Mr. Bernard Maniscalco of The Irvine Company approached the podium and requested to address the Council. M x In view of the foregoing, motion was made to A yea reopen the public hearing. Mr. Maniscalco discussed the reinstatement of Condition No. 56, hold harmless clause, with respect to movement of earth and soil within the project area, and stated that their project was not different than any other project in the City. He urged the Council to reconsider their action and not include Condition No. 56 in the Conditions of Approval. Reference was made to the Environmental Impact Report by the City Manager, wherein he noted that when this project was initially considered in 1981, there was found to be some unstable soil in the area. He discussed the slide problems since that time, and indicated that the lot is an irregular slope and should justify special treatment by the City. Volume 37 - Page 367 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ��f,� November 28, 1983 RDI 1 PAI 1 INDFY Mr. Maniscalco spoke in rebuttal to remarks TMap Tr made by the City Manager. 10814(R) Following further discussion, Mr. Maniscalco • addressed the Council again, and stated that if Condition No. 56 is included as part of the Conditions of Approval, they would request a continuance of this item in order to discuss the condition further with the staff. Motion x Hearing no others wishing to address the All Ayes Council, the public hearing was closed. Motion x Motion was made to amend the motion on the floor to include the deletion of the last sentence of Condition No. 56 regarding recorded notification to future owners, and to include Modified Finding No. 6, as set forth in the staff report. Motion x Following additional consideration, Ayes x x x x substitute motion was made to reopen the Aloes x x public hearing. Motion x In view of the foregoing, motion was made to Ayes x x x x continue the public hearing to December 12, Noes x x 1983. 5. Mayor Hart opened the public hearing HUD /CDBG regarding the AMENDMENT OF THE 1982 -1985 '82 -85 HAP HOUSING ASSISTANCE PLAN (HAP) AND THE 1982 (87) • ENTITLEMENT SUBMISSION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Report from the Planning Department, was presented. Alice Reimer, resident, Corona del Mar, addressed the Council regarding the feasibility of senior citizen housing adjacent to Friends of the Oasis, and the use of Community Development Block Grant Funds for that purpose. Barney Larks, 1901 Beryl Lane, also spoke in support of senior citizen housing and concurred in remarks of Ms. Reimer. • Volume 37 - Page 368 M *n All Ayes Motion All Ayes Ll • x x CITY OF NEWPORT BEACH MINUTES November 28, 1983 Nearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 83 -125, approving amendment of the 1982 -1985 Housing Assistance Plan and the 1982 Entitlement Fund Submission; and directing staff to forward them to the Department of Housing and Urban Development (HUD). E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on December 12, 1983: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. 3. CONTRACTS/AGREEMENTS: (a) Award Contract No. 2274 to John T. Malloy of Los Angeles for the total price of $116,141 for Pacific Coast Highway Sewer Main Replacement; and authorize the Mayor and City Clerk to execute said contract.. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) To City Attorney for inclusion in the records, letter from Martha Thomas suggesting adoption of campaign reform ordinance. (b) To General Services for response, letter from Judith Wagner regarding,auggestions to improve the City's trash collection and handling of trash containers. Volume 37 Page 369 83 -125 PCH'wy Swr Mn Rplcm C -2274 (38) Cty Aty/ Cmpga Rfrm (31) GS /Trash (44) • • CITY OF NEWPORT BEACH MINUTES November 28, 1983 (c) To Public Works- Traffic Engineering for PW /Trfc Engr response and inclusion in the records, (74) letter from Mr. and Mrs. Clifford Buck suggesting that Canyon Crest bypass between Pacific Coast Highway and San Joaquin Hills Road be reinstated on the Master Plan. (d) To Parks, Beaches and Recreation /Arts PB &R /Arta Commission for inclusion in the records, Cmsn letter of thanks from Pacific Mutual (62) Life Insurance Company for the City's support and interest in the 1983 "Newport Salute to the Arts." (e) To the Aviation Committee for inclusion 0 /C -J /Wyn in the records, petition opposing Arprt expansion of John Wayne Airport signed (54) by residents from Newport Beach, Balboa, Corona del Mar, Costa Mesa and Huntington Beach. (f) To Pending Legislation and Procedural Legislation Ethics Committee for review, letter from (48) the City of Fountain Valley concerning Orange County Sanitation District Sludge Disposal. (g) To General Services for response, letter GS /S from Environmental Quality Citizens Clea Advisory Committee regarding street 1(44) cleanup in the area around the Ferry and Mid - Peninsula. (h) To Planning Department for inclusion in the records, request from Environmental Quality Citizens Advisory Committee regarding Cannery Village /McFadden Square Specific Area Plan. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Local Agency Formation Minutes of October 26, 1983. (b) Applications before the California Public Utilities Commission: 1) Notice to customers of filing of amendment to Application No. 83- 09 -24, Southern California Gas Company; Volume 37 - Page 370 Sq CITY OF NEWPORT BEACH COUNCIL MEMBERS \rA1 0 ? t RnI i yFGSS November 28, 1983 MINUTES MIM V 2) Application No. A83- I1 -17, Certificate of Public Convenience • and Necessity, Funbus Systems, Inc.; and 3) Application No. 83- 11 -31, Southern California Edison Company for authority to increase rates effective January 1, 1984. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Jane A. Belvin alleging personal Belvin injuries as a result of fall in roadway near 2218 Waterfront Drive, Corona del Mar on October 3, 1983. (b) Barbara Chambers alleging personal Chambers injuries as a result of fall on sidewalk bordering Via Oporto near Hughes Market on August 13, 1983. (c) James and Susan Dow alleging property Dom damage as a result of salt damage from ocean water at time of high tide at 318 Lindo Avenue on August 8, 1983. (d) Dick Edwards alleging property damage as Edwards a result of flooding from ocean at 627 W. Bay Avenue, August 20 - 23, 1983. • (e) Gloria Giffler alleging personal Giffler injuries as a result of fall on sidewalk on Main Street (on the Peninsula) in front of bakery on August 13, 1983. For rejection /denial: (f) Request from Harvey Pease to Allow Pease filing of Late Claim - for reimbursement of expenses incurred as the result of "Stop Order" issued by Building Department for construction on property at 314 Carnation Avenue, Corona del Mar in October, 1983, 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: None. • Volume 37 - Page 371. CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \A!\1 s� 99 =�9 ,JDGSS November 28, 1983 INnFY 8. REQUEST TO FILL PERSONNEL VACANCIES: (Report (66) from the City Manager) . (a) One Secretary, City Manager's Office. (b). One Refuse Crewman, General Services Department. (c) One Building Maintenance Foreman, General Services Department. (d) One Personnel Clerk, Personnel Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Parks, Beaches and PBSR /Fashion Recreation recommending acceptance of Is Mrchnts DONATION OF TRASH RECEPTACLES FROM THE (62) FASHION ISLAND MERCHANTS ASSOCIATION. (b) Removed from the Consent Calendar. (c) Report from Newport Beach Police PD /CA Police Employees' Association regarding HOSTING Olympics THE 1985 CALIFORNIA POLICE OLYMPICS - (70) JUNE 18 THROUGH 23, 1985. 10. PUBLIC HEARING SCHEDULING - For December 12, 1983: (a) APPEAL OF DR. AND MRS. STANLEY WESTON Mdfctn 2876/ • REGARDING MODIFICATION NO. 2876 from Weston denial by the Planning Commission on October 20, 1983; a request to permit additions and alterations to an existing nonconforming single - family dwelling that. encroaches 1 ft., 1 -inch into the required three ft. southwesterly side yard setback area. 11. Removed from the Consent Calendar. 12. LITTLE BALBOA ISLAND BRIDGE REHABILITATION LBalboa Is (CONTRACT NO. 2209) - Approve the plans and Brdg Rehab specifications; and authorize the City Clerk C -2209 to advertise for bide to be opened December (38) 21, 1983, at 11:30 a.m. (Report from Public Works) 13. LIDO ISLE BRIDGE REHABILITATION (CONTRACT NO. Lido Is Brdg 2345) - Approve the plane and specifications; Rehab and authorize the City Clerk to advertise for C -2345 bide to be opened December 21, 1983, at .11:00 (38) a.m. (Report from Public Works) Volume 37 - Page 372 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \A1 t I G� November 28, 1983 9 s INDEX 14. BUFFALO HILLS PARK AND WEST NEWPORT PARK Bflo Hls Prk BASKETBALL COURTS (CONTRACT NO. 2417) - WNpt Prk Approve the plans and specifications; and C -2417 authorize the City Clerk to advertise for (38) • bids to be opened December 20, 1983 at 11:00 a.m. (Report from Public Works) 15. ACCEPTANCE OF WATER MAIN REPLACEMENT PROGRAM Wtr Mn Rplm (CONTRACT NO. 2364) - Accept the work; and Prg authorize the City Clerk to file a Notice of C -2364 Completion and release the bonds 35 days (38) after filing. (Report from Public Works) 16. PROFESSIONAL & TECHNICAL BUILDING (CONTRACT Prfsnl Tch NO. 2424) - Accept Negative Declaration; Bldg approve plans and specifications; and C -2424 authorize the City Clerk to advertise for (38) bids to be opened January 5, 1984, at 9:00 a.m. (Report from Building Director) 17. HARBOR PERMIT TRANSFER NO. 225 -528 FOR Harbor Perm SEYMOUR BEEK - Approve a new harbor permit, Apl 225 -528 as recommended in the report from the (51) Tidelands Affairs Committee. 18. HARBOR PERMIT APPLICATION TO STEP THE MAST Harbor Perm FOR DENNIS HOLLAND'S PILGRIM OF NEWPORT - Apl /Holland Approve the application to use the Rhine (51) Wharf Park subject to the conditions listed in the staff report. (Report from Marine . Department) • 19. BUDGET AMENDMENTS - For approval: (25) BA -040,, $50,000 - Increase in Budget Appropriations and Revenue Estimates for reimbursement by Federal Emergency Management Agency for repair of storm damage; General Fund. BA -041, $3,120 - Transfer in Budget Appropriations to provide for additional funds for purchase of word processing unit; Fire Department Fund. BA -042, $41,000 - Increase in Revenue Estimates for Contribution by Koll Company toward City's FAU project for the widening of Coast Highway and reserve of funds; Contribution Fund. Volume 37 - Page 373 CITY OF NEWPORT BEACH COUNCIL MEMBERS ytnp ,AGES November 28, 1983 MINUTES 1 D X G. ITEMS REMOVED FROM THE CONSENT CALENDAR: . 1. A report from the Public Works Department containing recommendations on the proposed O/C TrnspCms 15 -yr Invstm 15 -YEAR TRANSPORTATION INVESTMENT PROGRAM, Prg was presented. (54) Motion x Responses to Points No. 3 and 4 were All Ayes discussed and following consideration, motion was made to approve the action on the agenda authorizing the Mayor to transmit a letter to the Orange County Transportation Commission, outlining the City's position on the program, with revised language regarding the construction sequence for San Joaquin Hills Transportation Corridor, as recommended by the Public Works Director. 2. Proposed ordinance AMENDING SECTION 12.52.060 Traffic /BBy OF THE NEWPORT BEACH MUNICIPAL CODE Dr & SJH1s DESIGNATING THE PORTION OF BACEBAY DRIVE Rd /Estblf BETWEEN SAN JOAQUIN HILLS ROAD AND EASTBLUFF (85) DRIVE AS A ONE -WAY STREET IN A SOUTHERLY DIRECTION, and proposed resolution establishing a one -way bicycle trail, in a northerly direction, on the west side of Backbay Drive, between San Joaquin Hills Road and Eastbluff Drive, were presented with a report from Public Works- Traffic Engineering. Motion x Motion was made to refer these items back to the Traffic Affairs Committee for additional information with respect to accident rates, • etc. Council Member Agee indicated he foresees problems with the proposal for a one -way road with respect to safety, and stated he thought it could cause more problems than it would solve. Robert Caminiti, 110 -36th Street, addressed the Council and concurred in the remarks of Council Member Agee. All Ayes The motion on the floor was voted on and carried. 3. Report from Parks, Beaches and Recreation Oasis Psv regarding OASIS PASSIVE PARK LANDSCAPING Prk (CONTRACT NO. 2412), was presented. C -2412 (38) Volume 37 - Page 374 CITY OF NEWPORT BEACH COUNCIL MEMBERS cF�o` Rni i. CAt 1 � t\P November 28, 1983 MINUTES INDEX Council Member Agee stated that at his Oasis Psv request, this item had been continued at the Prk November 14 City Council meeting for clarification. After additional review, the plans and specifications have been revised to eliminate planting of trees in the first phase of development. Trees will be added later in cooperation with the community. Clyde Brenner, Health and Safety Chairman, Harbor View Parent - Facility Organization, addressed the Council and submitted a letter with respect to the proposed project, suggesting consideration be given to the following: 1) Bike path and sidewalk should be highly visible; 2) Composition of park should be primarily flat -open grass areas; 3) Benches and climbing structures are needed to make this a useful park; 4) Lights are necessary to maintain security; 5) It would be desirable to maintain the Grant Howald name, as he has contributed greatly to the community. In closing, Mrs. Brenner requested that the • word "passive" be deleted from the park name, and that the foregoing suggestions be included in the landscaped plans prior to approval. Cynthia Bartlett, 518 Marigold Avenue, addressed the Council and submitted a letter from Jeffrey and Susan Matsen, 3449 Quiet Cove, which had been endorsed by other residents of Quiet Cove and Ebbtide Road, regarding the proposed bike path from the parking lot at the corner of 5th and Marguerite to Iris Avenue in Corona del Mar. Richard Nichols, 519 Iris Avenue, addressed the Council and submitted a letter regarding the Oasis Park Grading. He discussed the points of interest considered at the November 23 Community Association meeting in which Council Member Agee and the Director of Volume 37 - Page 375 r Motion All Ayes Motion All Ayes • 0 X FA CITY OF NEWPORT BEACH MINUTES November 28, 1983 Parks, Beaches and Recreation were present. He noted the general consensus was that no further fill should be removed from the site since the desirability of using the fill to flatten the area was a first priority. Mr. Nichols emphasized that the community did not support the present park concept. Alice Reimer, resident, Corona del Mar, addressed the Council in support of naming the park Grant Howald Park. Motion was made to approve the plans and specifications, and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., on December 22, 1983. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Reconsideration of SUB -4 REQUEST FOR 8-& -RUN IN FASHION ISLAND ON SATURDAY, DECEMBER 10, 1983, was presented. Motion was made to approve request subject to conditions imposed by.City License Division. J. CURRENT BUSINESS: 1. Report from the Planning Department regarding the FINAL MAP OF TRACT NO. 11935, a request of The Douglas Allred Development Company, San Diego, to subdivide 3.668 acres of land into two lots for residential condominium purposes and one lot for private recreational purposes. Property located at 2700 Pacific View Drive, on the southeasterly corner of Pacific View Drive and San Miguel Drive, across from the Baywood Apartment complex; zoned R -3 -B, was presented. The City Manager stated that the agreement for affordable units was not received in the Clerk's office until late Wednesday afternoon, and therefore, the staff was unable to review it until over the Thanksgiving holiday. He stated that the staff has several areas of concern and recommended this item be continued to December 12, 1983. Volume 37 — Page 376 Bus Lic/ B -R -Run (27) JTr 11935 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \A1% ��� ROLL �Q ��► November 28, 1983 wnev Motion x Motion was made to defer this item to Tr 11935 December 12, as recommended. Mr. Robert Break of The Irvine Company addressed the Council and indicated he felt the items of concern could be resolved at this time, and stated that a continuance would create a hardship. The Planning Director stated that neither he nor Bob Lenard, Advance Planning Administrator, have had the benefit of discussing the areas of concern with the developer, and therefore, feel this matter should be continued as recommended. Doug Allred, applicant, addressed the Council and stated that deferment would create a definite hardship, inasmuch as they are prepared to begin construction immediately, with grading to start next week. He stated that every day of delay would cost them approximately $1,000. He requested that the Council approve the project so they could proceed. Following discussion, the Council took a brief recess in order for the staff to discuss this matter with the developer. Mr. Lenard, following a brief meeting with the developer, recommended the following changes in the draft agreement for affordable units: 1. Page 5, line 5, added after the word "location ". number of bedrooms; 2. Page 5, Subsection (b), deleted sentence in parenthesis; 3.. Page 7, line 10, added after the word "unit ". . within the Baywood expansion project. The language on Page 4, Item 2, was discussed, wherein the Planning Director stated that if the wording is to remain, he would like The Irvine Company to state that this language will not be used as a precedent for future agreements of this type. Volume 37 - Page 377 • Motion CITY OF NEWPORT BEACH MINUTES November 28, 1983 Reference was also made to Pages 6 and 7 Tr 11935 regarding requalification of renters, wherein it was suggested that on Page 7 the following be added after the word "thereafter" for one year, and that the remainder of the sentence be deleted. A new sentence was also added stating that "Each such occupant shall be requalified at least once a year by having to recertify as to their incomes, as provided in Subsection (c) above.'r Council Member Plummer indicated she was "uncomfortable" in approving off -site units for affordable housing and expressed her reasons therefor. Mr. Break addressed the Council again, and stated that the language set forth on Page 4, regarding "family size" would not set a precedent for future affordable agreements on the part of The Irvine Company. Pertaining to the requirement for yearly requalification, Mr. Break stated that they are unsure of the justification for this requirement. He stated it was a very sensitive area and he felt it was inappropriate from a personal and human standpoint. He! stated that they would be reluctant to institutionalize a clause for yearly requalification. Mr. Break stated that they concurred in all the recommendations, with the exception of the requirement for yearly requalification. Doug Allred, applicant, addressed the Council again regarding on -site and off -site housing. He indicated that it had never occurred to them that off -site housing may not be allowed. In view of the foregoing comments and testimony, Council Member Strauss withdrew his motion on the floor. Motion was made to approve the Final Map of Tract No. 11935, incorporating by reference the Finding and Condition recommended by the Planning Commission; approve the Agreement for affordable units with the foregoing changes as recommended by the staff; and approve a Subdivision Agreement guaranteeing completion of the public improvements required with Tract No. 11935, and authorize the Mayor and the City Clerk to execute said agreement. Volume 37 - Page 378 A Lis'. Noes Motion All Ayes Motion Ayes Noes • . CITY OF NEWPORT BEACH ME©UMMM x 1111111 MINUTES November 28, 1983 Council Member Plummer stated that she was opposed to the mot ion. as she did not feel that affordable units off —site were good for the City. The motion was voted on and carried. 2. Report from the Planning Department regarding the COYOTE CANYON SANITARY LANDFILL project, was presented. The City Manager reviewed the proposed letter to the Orange County Board of Supervisors and .discussed the four areas of concern, as set forth in the letter. Following discussion, motion was made to ,approve the draft letter, subject to revision of Item 2, adding the City's concerns with respect to water quality. K. ADDITIONAL BUSINESS: 1. Motion was made to schedule public hearing for December 12, 1983, on Resubdivision No. 745, Use Permit No. 3033. regarding height limitations at 311 Carnation Avenue, which motion FAILED. The meeting adjourned at 11:10 p.m. ATTEST: City Clerk Volume 37 — Page 379 D/C P1ngCmsa Coyote Cnya SLnd F1 (54) 3033/ b 745