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Home My WebLink About03/25/1985 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS C' �,f GrJ ��P FP Z�'P ROLL CAL Present n Ayes Motion All Ayes • 0 REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: March 25, 1985 MINUTES x x x x x x x A. ROLL CALL. x B. The reading of the Minutes of the Meeting of March 11, 1985 was waived, approved as written and ordered filed. x 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 Maurer opened the public hearings regarding: GENERAL PLAN AMENDMENT 83 -1(a) - A C request initiated by the CITY OF NEWPORT BEACH, to amend the LAND USE and RECREATION AND OPEN SPACE ELEMENTS of the NEWPORT BEACH GENERAL PLAN for the MARGUERITE AVENUE, FIFTH AVENUE and BUCK GULLY PARCELS; AND GENERAL PLAN AMENDMENT 83 -1(d) - A request initiated by the CITY OF NEWPORT BEACH, to amend the LAND USE ELEMENT of the NEWPORT' BEACH GENERAL PLAN for the FIFTH AVENUE /MACART'HUR BOULEVARD PARCEL; AND 2. AMENDMENT NO. 614 - A request of the BREN COMPANY, Newport Beach, to establish Planned Community Development Standards and adopt a Planned Community. Development Plan for the development of CORONA DEL MAR COTTAGE HOMES PLANNED COMMUNITY DISTRICT. The proposal also includes a request to amend portions of Districting Maps No. 32 and No. 51, so as to reclassify said property from the R -1 -B Distract to the Planned Community District; and the acceptance of an Environmental Document; AND TRAFFIC STUDY - A request of the BREN COMPANY, Newport Beach, to consider a traffic study for an eighty unit single - family residential development; AND Volume 39 - Page 96 INDEX PA 83 -1(a) 45) PA 83 -1(d) 45) CA 614 94) trfk Study CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL Gss � F9 Z�9 March 25, 1985 MINUTES uunFY TENTATIVE MAP OF TRACT NO. 11949 - A TMpTr 11949 request of the BREN COMPANY, Newport • Beach, to subdivide two existing parcels of land, containing 16.06 acres, into eighty numbered lots for single - family purposes; two lettered lots for private open space purposes; and three lettered lots for public alley purposes. The proposal also includes an exception to - the Subdivision Code so as to allow the creation of interior lots which are less than fifty feet wide and less than 5,000 sq.ft. in area, and corner lots which are less than sixty feet wide and less than 6,000 sq.ft. in area. Property located at 3400 Fifth Avenue, on the northeasterly side of Fifth Avenue between Marguerite Avenue and the Newport Beach City limits, in Corona del Mar;. AND 3. AMENDMENT NO. 612 - A request of IRVINE PCA 612 PACIFIC, Newport Beach, to establish (94) Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the BRISA DEL MAR PLANNED COMMUNITY DISTRICT. The proposal also includes a request to amend a portion of Districting Map No. 32 so as to reclassify a portion of the subject property from the C -1 District to the Planned Community District and the acceptance of an Environmental Document; AND TRAFFIC STUDY - A request of IRVINE Trfk Study PACIFIC, Newport Beach, to consider a traffic study for a 96 unit residential condominium development; AND TENTATIVE MAP OF TRACT NO. 12209 - A TMpTr 12209 request of IRVINE PACIFIC, Newport Beach, to subdivide three existing parcels of land and a portion of vacated 5th Avenue, containing 6.63 acres, into a single lot for residential condominium development for property.located at 6000 MacArthur Boulevard, on the northeasterly corner of MacArthur Boulevard and East Coast Highway, in Corona del Mar; zoned P -C; AND Volume 39 - Page 97 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CAL'V ROLL Gss �F9 �� yFP March 25, 1985 INDEX 4. AMENDMENT NO. 615 (ORDINANCE NO. 85 -6) - PCA 615 A request initiated by the CITY OF • NEWPORT BEACH to amend a portion of DISTRICTING MAP NO. 32 so as to reclassify property from the R -1 -B District to the Planned Community District, establish specific setbacks on Jasmine Creek, and adopt Planned Community District Regulations for the JASMINE PARK PLANNED COMMUNITY; and the acceptance of an environmental document; AND TRAFFIC STUDY - A request of LDM Trfk Study DEVELOPMENT, INC., Laguna Hills, to consider a Traffic Study for a 47 unit single - family residential development.; AND TENTATIVE MAP OF TRACT NO. 12245 - A TMpTr 12245 request of LDM DEVELOPMENT, INC., Laguna Hills, to subdivide two existing parcels of land containing 9.6± acres into 47 numbered lots for single - family attached residential development, one numbered lot for private recreational purposes, one numbered lot for private open space purposes, and one numbered lot for public park purposes, on property located in the R -1 -B District (proposed • to be rezoned to P -C). The proposal also includes an exception to the . Subdivision Code so as to allow the creation of interior lots which are less than 50 ft. wide and less than 5,000 sq.ft. in area, and corner lots which are less than 60 ft. wide and less than 6,000 sq.ft. in area. Property located at 875 Marguerite Avenue, on the southwesterly corner of Marguerite Avenue and Harbor View Drive, in Harbor View. Reports from the Planning Department, were presented. The City Clerk reported that after the printing of the agenda, a letter was received from Lee and Associates, urging postponement on the proposed General Plan Amendments (83 -1 a and d) pending further study of the traffic congestion on Pacific Coast Highway through Corona del Mar. • Volume 39 - Page 98 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL Gss �F9 F9 ��9 March 25, 1985 MINUTES IFk1a]WA It was also reported that letters were received, just prior to the City Council . meeting, from the Legal Aid Society of Orange County, opposing approval of Tentative Tract Map Nos. 11949, 12245 and 12209. The City Clerk further advised that letters were also received from William M. Kull, Mary Hershey, County of Orange Senior Citizen Advisory Council and Harbor View Hills South Homeowners Association, regarding the Cottage Homes project. David Neish of Urban Assist, Inc., representing The Irvine Company, addressed the Council and outlined the proposals for Jasmine Park and Brisa del Mar. With respect to Jasmine Park Conditions of Approval, he stated he would like to review Nos. 18, 64 and 68 with the City Attorney and Planning staff prior to April 8, when these proposals will be considered again. With respect to the Brisa del Mar project, he stated that their proposal has been modified so as to not impose an age restriction, allowing the units to be available to all affordable persons, • and thereby still be available to affordable seniors as well. Pertaining to the Cottage Home development, Mr. Neish stated The Irvine Company has eliminated its proposal for the project, and will now undertake redesigning the development for senior housing. They hope to submit a specific site plan, tentative map, and zoning documents for the property within 90 days. The new proposal would have a density of 10 -15 du's per buildable acre, the project would be "for sale" housing, and seniors would be classified as persons 55 years or older. They would also preserve blue water views for Sand Castle residents. As to when the new proposal would be coming before the Council, the Planning Director indicated it would be approximately five to six months, due to the time it takes for processing the necessary documents, i.e., environmental and traffic studies, public hearings before the Planning Commission, etc. Volume 39 - Page 99 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL o 'v 9 �G� q�� 9� c�F ROLL Gds ��5 �� Z�9 March 25, 1985 MINUTES INnFY H. Ross Miller,1627 Bay Cliff Circle, Board.of Directors, Friends of Oasis, addressed the Council in support of the new proposal for senior housing, providing it will have all the amenities necessary for senior citizens. One item of concern they have is the 32,000 sq. ft. of property they have been seeking from The Irvine Company for future expansion of the Oasis and additional parking. If the new senior citizen housing project is constructed on this property, the utilization of the Oasis will definitely increase and more space will be needed in the building, as well as additional parking. Mr. Miller requested that, when The Irvine Company presents their proposal for this project on the subject property, they place an overlay on the 32,000 sq. ft. in the Site Plan, and note how many senior housing units would be lost if the Oasis were to acquire said three - fourths of an acre. If the. property in question cannot be dedicated, then they would request the City Council to look seriously at purchasing it from The Irvine Company with Community Development Block Grant Funds. • Bud Desenberg, 500 "1" Street, Member of the Board of Directors, Friends of Oasis, addressed the Council and stated he was delighted with the new proposal to place senior housing adjacent to the Oasis; however, they do want to make sure that the development will have all the amenities needed by senior citizens, and that they will not be too expensive. Paul Kelsey, architectural designer, displayed a rendering and site plan of a proposed senior housing project, as a concept of what could be placed adjacent to the Oasis. Ed Williams, President, Friends of Oasis, addressed the Council and applauded The Irvine Company for their change from the Cottage Home proposal to senior housing. He stated that they sent out questionnaires to 175 members of the Oasis, who stated that 148 desire to purchase affordable housing if constructed adjacent to Oasis, and that 18 persons would rent. He read a letter from Senator Marian Bergeson in support • of senior housing in the area of the Oasis. Volume 39 - Page 100 CITY OF NEWPORT BEACH COUNCIL MEMBERS F March 25, 1985 \tptP ROLL MINUTES I I'M h1- In response to Council inquiry, it was indicated that the new senior housing • units are estimated to sell at $170,000. Jean Morris, representing Harbor View Hills Homeowners Association, addressed the Council regarding the Brisa del Mar project. She stated that the only exit from their homes to MacArthur Boulevard is by using the Harbor View /Sea Lane /MacArthur Boulevard intersection, where dangerous traffic conditions exist. She stated that by adding 100 additional automobiles with the same rush hour demand, the situation will be more intolerable. She indicated that they would like the City Council to make a decision on the MacArthur Boulevard /Avocado couplet prior to approving the Brisa del Mar project. .If this project is approved as requested, they feel the City will only be contributing to the traffic problem. Luvena W. Hayton, 235 Poppy Avenue, addressed the Council and urged that they deny the Brisa del Mar project. She stated that the location presents an almost unsurmountable traffic flow problem because of the Sea Lane, 5th • Avenue and Goldenrod entrances and exits. She also felt it was unfair to put all the affordable housing from the Newport Center development into an area already impacted with downcoast and Newport Center traffic. She commented that until such time as Pelican Hills Road is in place and connected to San Joaquin Hills Road, Corona del Mar will continue to be inundated with traffic. John P. Kelley, 717 Goldenrod Avenue, addressed the Council regarding the Brisa del Mar project, and indicated he. did not feel that all low income and affordable housing should be lumped together and "dumped" in old Corona del Mar. He also commented on the traffic problems in his area, particularly on ! Goldenrod. He also stated that the density was too high for the Brisa del Mar project. J. R. Blakemore of Harbor View Hills Homeowners Association, and Member of Oasis, addressed the Council and expressed his concerns regarding traffic in the vicinity of the proposed Brisa del Mar project, urging the Council to uphold the Planning Commission's • decision and deny the project. Volume 39 — Page 101 COUNCIL MEMBERS \CAL\ROLL s March 25, 1.985 MINUTES INDEX Mary Wiley, 722 Goldenrod Avenue, addressed the Council and stated that • her home is on the corner of 5th Avenue and Goldenrod, and that she was very much opposed to the Brisa del Mar e project, primarily because of the increase in traffic. She invited members of the Council to visit her home to view the already existing traffic problem. Dick Nichols, 519 Iris Avenue, President, Corona del Mar Community Association, addressed the Council in opposition to the Brisa del Mar project. 1 He stated that there are no provisions in the proposal for the elderly; no park dedication involved; and that he, personally, felt the subject land would be an ideal. park site. He also stated that all three projects fail the traffic signal phasing ordinance at all three rsignalized intersections in Corona dcl Mar. Regarding Jasmine Park, he indicated he did not think that the one -half acre of flat land to be dedicated for a view park was adequate. He was, however, supportive of the new proposal for senior housing adjacent to Oasis. Pertaining to Buck Gully, he stated he does not feel the trade -offs for this area should be made, and it should remain as alternate residential. Following discussion with respect to Buck Gully, the Council straw -voted the proposals as follows: Motion x Jasmine Park All Ayes Proposed project (4 -10 du's /b.a.) (47 du's proposed (P.C. Recommendation), with the change that the City accept dedication of a one -acre view park. Motion x Cottage Homes Senior project (10 -15 du's /b.a.) with the provision that applicant bring back a specific proposal within 90 days or sooner for site plan review, etc., and with the condition that seniors be classified as persons 55 years of age or 1 older. i Volume 39 - Page 102 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\f ROLL March 25, 1985 MINUTES INDEX Council Member Strauss stated he did not feel the Council should act on the new proposal at this time, inasmuch as the project has not been formally submitted for consideration. Ayes x x x x x x The straw vote was voted on and carried. Noes x Council Member Strauss stated that he voted "no" on the motion, because the City Council does not have a project to vote on at this time. Buck Gully Motion x Open space zoning and easement. Ayes x x .x x x x Abstain x Brisa del Mar Motion x Proposed project (16 du's /b.a.). (Affordable, no age restrictions.) Motion x Substitute motion was made to reduce the Brisa del Mar project to a total of 59 dwelling units (4 -10 du's /b.a.). Mr. David Neish addressed the Council and stated that their proposal is for 96 units, (84 affordable) and if the project is reduced to 59 units, they felt it would seriously jeopardize any affordable housing at that density range. Ayes x x x The substitute motion was voted on and . Noes x x x x FAILED. Ayes x x x x The motion on the floor was voted on and Noes x x carried. Abstain x Motion All Ayes x Motion was made to direct the staff to prepare resolutions as necessary for General Plan Amendments 83 -1(a) and (d), and continue this hearing to April 8, 1985. Motion All Ayes x Motion was made to continue the hearing on the Cottage Homes to April 8, 1985. Volume 39 - Page 103 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL \CAL s� \d'p c� F 9 �� March 25, 1985 MINUTES Wf1FY Motion x Motion was made to direct the staff to A6yes prepare the necessary resolution and ordinance to approve the Brisa del Mar project, introduce the ordinance at the April 8, 1985, City Council meeting; and continue the public hearing on Amendment No. 612, the Traffic Study, and Tentative Map of Tract No. 12209 to April 22, 1985. Motion x Motion was made to continue the public All Ayes hearing on Jasmine Park to April 8, 1985. 5. Mayor Maurer continued public hearing PCA 613 regarding PLANNING COMMISSION AMENDMENT (94) NO. 613, a request of THE IRVINE COMPANY, Newport Beach, to amend the Planned Community Development Plan for the NORTH FORD PLANNED COMMUNITY so as to establish development standards for Area 5; and the acceptance of an Environmental Document. Property located on portions of Blocks 51 and 57 of Irvine's Subdivision, generally bounded by MacArthur Boulevard, Bison Avenue, Camelback Street, Jamboree Road and University Drive (Extended), commonly known as Area 5 of the North Ford Planned Community; zoned P -C; • AND TENTATIVE MAP OF TRACT NO. 12309, a TMpTr 12309 request of THE IRVINE COMPANY, Newport Beach, to subdivide 125.88 acres of land located in the NORTH FORD PLANNED COMMUNITY so as to create one lot for office development, one lot for single- family detached residential development, four lots for residential condominium development, two lots for residential apartment development, one lot for retail commercial development, and one lot for public park purposes. Property bounded by MacArthur Boulevard, Bison Avenue, Camelback street, Jamboree Road and San Diego Creek; zoned P -C; AND Volume 39 - Page 104 COUNCIL MEMBERS \CALROLL sr F9 9 Fp March 25, 1985 MINUTES INDEX TENTATIVE MAP OF TRACT NO. 12306, a TMpTr 12306 request of IRVINE PACIFIC, Newport • Beach, to subdivide 11.16 acres of .land located in Area 5 of the NORTH FORD PLANNED COMMUNITY, being a further subdivision of Lot No. 8 of the Tentative Map of Tract No. 12309, so as to create six numbered lots for residential condominium purposes, two lettered lots for private street purposes, one lettered lot for private recreation purposes and two lettered lots for private open.space purposes. Property located at 4936 Jamboree Road, on the northeasterly corner of Jamboree Road and Camelback Street, in Area 5 of the North Ford Planned Community; zoned P -C; AND TENTATIVE MAP OF TRACT NO. 12271, a TMpTr 12271 request of the BREN COMPANY, Newport Beach, to subdivide 26.84 acres of land located in Area 5 of the NORTH FORD PLANNED COMMUNITY, being a further subdivision of Lot No. 9 of the Tentative Map of Tract No. 12309, so as to create 172 numbered lots for detached single- family residential development, one lettered lot for private • recreational purposes, and three lettered lots for private open space purposes. The proposal also includes an exception to the Subdivision Code so as to.allow the creation of interior lots which are less than 50 ft, wide and less than 5,000 sq.ft. in area, and corner lots which are less than 60 ft, wide and less than 6,000 sq.ft. in area. Property located at 4836 Jamboree Road, on the easterly side of Jamboree Road, between Camelback Street and the proposed University Drive (Extended) in Area 5 of the North Ford Planned Community; zoned P -C. Report from Planning Department, was presented. The City Clerk reported that after the agenda was printed, a letter was received from the Legal Aid Society of Orange County in opposition to approval of Tentative Map of Tract No. 12306. The City Attorney advised that the foregoing letter states that the subject project is inconsistent with the Housing Element of the General Plan. • Consequently, the City Attorney . Volume 39 - Page 105 COUNCIL MEMBERS MINUTES F March 25, 1985 ROLL \CAL INDEX • recommended that the following additional findings be.made as part of the approval of this project: "The project, as conditioned, is to be consistent with the Housing Element of the General. Plan as amended June 25, 1984 in that.: "(1) The project is to be constructed on a site, a portion of which was subject to a vested right to construct 120 dwelling units, 295,000 sq. ft. of industrial office development and 28,500 sq. ff. of retail commercial space, with no affordable housing requirement; "(2) The project meets, or exceeds, all criteria established for affordable housing projects by the Housing Element, especially when the pre - existing development rights are considered; "(3) The project is consistent • with Objective 6, subpart 2(2) in that: °B(a) The total number of low income units to be constructed, if bond financing is obtained, exclusive of the units to be constructed with CDBG funds will be approximately 28% of the units constructed with such financing; "(b) The total number of low income units to be constructed onsite, assuming that 580 units will be assisted with bond financing, will exceed 20% of the total of the units to be constructed on all parcels in excess of the 120 dwelling units which were vested by a Judgment of the Superior Court. Volume 39 - Page 106 AkAURAV14MMAMA COUNCIL MEMBERS March \CAL\\&tP\��_p 25, 1985 MINUTES INDEX 11(4) The project is consistent with Objective 6, subpart 2(3) • in that 100% of the 50 units within the 98 unit CDBG project will be affordable to persons or families of low income; "(5) The provisions of Objective 6, subpart 2(5) are not applicable to this project since it is not contemplated that for sale affordable units are to be constructed; "(6) The tentative tract maps are consistent with Object 6, subpart 2 in that, given the development constraints and vested rights applicable to the North Ford Parcel in general, the affordable housing requirements of this project are the maximum feasible -- especially in light of the need to encourage, at the earliest practicable opportunity, the construction and occupancy of low and moderate income housing on North Ford; • 11(7) That the proposed project is consistent with Objective 6 of the Housing Element in that the negotiated development process has resulted in a project which, in spite of pre- existing vested development rights, provides affordable housing equal to 25% of the total project, and almost 30% of those units in excess of the vested residential development; "(8) That the tentative tract maps are consistent with the North Ford Development Agreement and the provisions of GPA 82 -1." It was also suggested by the City Attorney that the Mayor designate as part of the record, the proceedings that occurred with respect to General Plan Amendment 82 -1, and the Housing Element that was amended in 1984. Volume 39 - Page 107 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\\P\��p ROLL y�9 March 25, 1985 MINUTES I 1,q 012:1 Council Member Hart recommended that Condition No. 18 be amended to add the • following language as enumerated in the staff report which reads: "Park credits shall be calculated on the extent to which the park site (area used for park and related purposes once dedicated by company and accepted by the City). exceeds the dedication requirements of Chapter 19.50 of the Newport Beach Municipal Code, and credit shall exceed that contemplated by the Development Agreement if the park site exceeds 12 acres. Credits shall be applied as provided in Section 5F of the Development Agreement." The City Attorney further recommended that an additional condition be added to Tract Map No. 12309 (San Diego Creek South) which states: "No development shall be permitted on the subject parcel until such time as the City Council takes action to specify the density and intensity of the development, and until such time as the applicant • complies with the Traffic Phasing Ordinance, satisfies the California Environmental Quality Act, and complies with other applicable ordinances of the City of Newport Beach." Brad Olsen, representing The Irvine Company, addressed the Council and stated that they have no objections to the changes in some of the language in the Conditions of Approval as suggested during the Last Council. meeting and which are enumerated in the March 25 staff report. He also stated that they are not opposed to the amendment to Condition No. 18 referred to by Council Member Hart. They further do not object to the Condition added to Tract Map 12309 as suggested by the City Attorney. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Strauss suggested minor changes to some of the Conditions of Approval as follows: Volume 39 — Page 108 111111111 , r • COUNCIL MEMBERS 0 `G; ROLL CAL • • Motion Motion Ayes Noes • n F March 25, 1985 MINUTES INDEX "Condition No. 21 - Substitute the word 'will' for 'should' in the fifth line of the paragraph. "Condition No. 61 - Substitute the words 'shall be used' for 'are recommended' in the second line of the paragraph. "Condition No. 63 - Delete the words 'where possible,' and substitute the word 'will' for 'should' in the first line of the paragraph. "Condition No. 64 - Substitute the word 'will' for 'should.' "Condition No. 65 - Substitute the word 'will' for 'should' in the first line of the paragraph. "Condition No. 67 - Substitute the word 'will' for 'should' in the first line of the paragraph." Per Council Member Strauss's request, a list was displayed showing 50 projects which the City has already committed itself to at the present time. The list was taken from the EIR for this project. Council Member Strauss asked that the Council consider the impact on the City of the projects that already exist, and to also take into consideration the traffic that will be generated by said developments. He noted that out of the 50 projects, 2,353,000 square feet of Office Space has been committed. x Motion was made by Council Member. Strauss to approve the project for the North Ford Planned Community, and to accept the changes and additions as set forth in the foregoing. In addition, that the project be accepted with the removal of any office space, and that e affor a i y of project run for a term of 30 years. x Substitute motion was made to approve X x x x x x the project for the North Ford Planned x Community, as recommended by the Planning Commission, including the changes and additions as set forth in the foregoing and; Volume 39 - Page 109 INDEX CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL 9 `G� 9GA 99'� �9r cFg March 25, 1985 MINUTES INDEX Adopt Resolution No. 85 -15, Res 85-15 accepting, approving and certifying • the Final Environmental Impact Report; Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; Find that the facts set forth in the Statement of Overriding Considerations 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, giving greater weight to the unavoidable . environmental effects, are acceptable; Adopt Resolution No. 85 -16, Res 85 -16 adopting amendments to the North Ford Planned Community District Regulations and Planned Community Development Plan as recommended by the Planning Commission; Approve the Tentative Map of Tract No. 12309 with the Findings and subject to the Conditions as recommended by the Planning Commission; Approve the Tentative Map of Tract No. 12306 with the Findings.and subject to the Conditions as recommended by the Planning Commission; and • Volume 39 - Page 110 CITY OF NEWPORT BEACH COUNCIL MEMBERS F March 25, 1985 O 9 \LPA�9 ROLL . MINUTES INDEX Approve the Tentative Map of Tract No. 12271 with the Findings and • subject to the Conditions as recommended by the Planning Commissions. Council Member Strauss stated for the record that he voted "no" on the motion because he feels that the affordability of housing is inadequate in terms of years, and that the City is giving up more than he feels is appropriate for what he considers is a transitory amount of housing. Instead, he would hope that the City Council would seriously look at a longer term of affordability in the future. 6. Mayor Maurer opened the public hearings Ord 85 -5 regarding proposed ORDINANCE NO. 85 -5, Zoning being, (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 23 SO AS TO DESIGNATE A FRONT YARD SETBACK OF ZERO FEET ALONG THE BAY, WITH THE EXCEPTION OF A TRIANGULAR AREA IN THE NORTHEASTERLY CORNER OF THE SITE THAT SHALL BE MAINTAINED AS A CLEAR, UNOBSTRUCTED FRONT YARD • SETBACK, LOCATED AT #1 HARBOR ISLAND (AMENDMENT NO. 616); PCA 616 AND 7. City Council review of an appeal by Variance DONALD L. BENDETTI, Newport Beach, from 1119 the denial by the Planning Commission on (91) February 21, 1985, of VARIANCE NO. 1119, • request to permit the construction of • single - family dwelling in the R -1 District which exceeds two times'the buildable area of the site. The proposal also includes a modification to the Zoning Code so as to allow the proposed structure to encroach fifteen feet into the required fifteen foot front yard setback. Property located at #1 Harbor Island Drive, on the northwesterly end of Harbor Island Drive, on Harbor Island. Reports from the Planning Department, were presented. It was noted that the applicant, Mr. Donald Bendetti, has revised his floor plans so as to reduce the gross floor • area of the proposed residence by Volume 39 - Page 111 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL March 25, 1985 MINUTES INDEX approximately 400 sq. ft.. This was Ord 85 -5/ accomplished by reducing the size of the PCA 616/ • subterranean parking garage and the Var 1119 amount of storage space provided in the basement. The height of the residence and the proposed building setbacks have not changed as a result of the reduction in floor area. Donald Bendetti, applicant, No. 5 Inverness Lane, addressed the Council in support of his request for a variance. He stated that if his request is approved, his home would be 60 feet from the water and not overcrowd the lot. The buildable area on his lot is smaller than any lot on Harbor Island. He commented that many other lots on the Island have structures in the setback areas, and consideration in this regard would be Appreciated. He stated that the 600 additional square feet needed in the basement would not impact anything on the surface or any residence. Michael Gering, Attorney representing Harbor Island Community Association, addressed the Council and stated that the Association is strongly and vehemently opposed to the Planning Commission's decision in approving the Districting Map, (Amendment No. 616) but • does endorse their decision to deny the variance. Mr. Gering reviewed the Findings for Approval of the Districting Map, (Amendment No. 616) and discussed their concerns. In conclusion, Mr. Gering stated that the residents of Harbor Island want to maintain the charm and beauty of the Island, and therefore, would urged the Council to deny the variance. The Planning Director reviewed the past history and answered questions regarding some of the properties on the Island. Discussion ensued, wherein it was noted that it is the Harbor Island Community. Association's position to hold to the 15 foot setback on all future properties. Paul Lyons, No. 9 Harbor Island, President of Harbor Island Community Association, addressed the Council and stated that a vote was taken by their Volume 39 - Page 112 COUNCIL MEMBERS \CALROLL Motion All Ayes Motion All Ayes • . • MINUTES March 25, 1985 INDEX Ord 85 -5/ PCA 616/ Var 1119 HUD /CDBG (87) Association on the Districting Map and the Variance, and that 28 votes were cast for denial; 1 for approval; 4 were absent; and 4 abstentions. He stated that they held a three hour meeting and discussed the proposals in depth. He stated that there have only been two variances approved by the Harbor Island Community Association in 59 years. He distributed a map depicting the proposed setback and urged the Council to deny the variance. Thayer Crispin, No. 2 Harbor Island, addressed the Council and stated that if the variance is approved, it would obstruct their view. He also feels that 5000 sq. ft. is adequate for the size of the lot, and urged denial of the variance. Richard Elliott, No. 23 Harbor Island, addressed the Council and stated that he strongly opposed the request for the variance. Mr. Bendetti addressed the Council again and stated that the proposed structure would be 4700 sq. ft. on the first and second floors, with the remaining square feet to be in the basement. He stated that the house was not that large. He also stated that the Crispin home would not have their view obstructed. Hearing no others wishing to address the Council, the public hearing was closed. x Motion was made to disallow Ordinance No. 85 -5, amending District Map No. 23. x Motion was made to sustain the decision of the Planning Commission and deny the appeal on Variance No. 1119. 8. Public hearing regarding the PROPOSED "STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS" FOR THE 1984/85 and 1985/86 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS. Report from the Planning Department was presented. The City Clerk reported that after the printing of the agenda, a letter was received from Friends of Oasis requesting the Community Development Block Grant funds be used for a portion of land east of the Oasis. Volume 39 - Page 113 INDEX Ord 85 -5/ PCA 616/ Var 1119 HUD /CDBG (87) CITY OF NEWPORT BEACH COUNCIL MEMBERS F March 25, 1985 \CAL\\d%\�� tp ROLL MINU TES INDEX It was pointed out by the staff that the HUD /CDBG • Council was being requested to consider three items at this time, being: (1) Changing the program year so that it coincides with the City's fiscal year; (2) Designating the City Manager as the City's agent; and (3) Set forth the City's objectives to use the CDBG funds for land acquisition on the CalTrans West parcel, a site on 15th Street west of Placentia, and on a site in the Mobil /Armstrong area in West Newport. Motion x Due to the lateness of the hour, motion All Ayes was made to open the public hearing on this matter, take testimony, and continue the hearing to April 8, 1985. Jean Forbath, Vice President, Orange Coast Interfaith Shelter, addressed the Council and requested that consideration be given to using some of the CDBG funds to offset their mortgage. She stated that their organization is a temporary shelter for the homeless and is located in the City of Costa Mesa. She stated • that they house approximately 53 persons a night, many of whom are from Newport Beach. It was noted by Ms. Forbath that they were able to purchase their building with funds from the Cities of Costa Mesa ($95,000), Irvine ($50,000) and County of Orange ($120,000). If they were able to relieve the burden of the mortgage they would not have to worry as much about operating expenses. They feel their request comes within the purview of the CDBG program and urged favorable consideration. Mr. Edward Wale, Wale Development, addressed the Council and presented a proposed affordable housing project on 15th Street West of Placentia Avenue, using CDBG funds. He stated it is their intent to retain this project affordable for a period of no less than 30 years. Also, there would be 104 apartments which would be rented at affordable rates. He stated the project is ready • Volume 39 - Page 114 CITY OF NEWPORT BEACH COUNCIL MEMBERS � v a� �q `G�i 9G-p p9� �9J, cFcc` ROLL CAL GSJ P y�'P March 25, 1985 MINUTES 11.191 to proceed and can be constructed in 120 days, and urged the Council to look upon • his proposal with favorable consideration. Lucille Kuehn, 1831 Seadrift Avenue, addressed the Council and spoke in support of using CDBG funds for affordable housing for all age groups. She stated that the City, in order to preserve its vitality, should keep a balanced population. She also noted that 25% of today's population is over 65 years of age. Hearing no others wishing to address the Council, the public hearing was continued to April 8, 1985. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 85 -17 limiting the Parking/ parking of vehicles on Tustin and Tustin & Ocean View Avenues to two hours on Ocean View weekdays between 8:00 a.m. and 5:00 Res 85 -17 p.m. (Report from Traffic Affairs (63) Committee) (b) Resolution No. 85 -18 designating Stop Sign/ Avon at Tustin; Ocean View at Avon - Tustin, Tustin; and southbound Tustin at Ocean View - Avon Streets as locations where Tustin vehicles are required to stop. Res 85 -18 (Report from Traffic Affairs (85) Committee) (c) Resolution No. 85 -19 amending Cncl Ad Hoc Resolution No. 84 -121 extending the Cory Vlg/ Cannery Village /McFadden Square Msfdn SgAP Specific Area Plan Citizens Ad Hoc Res 85 -19 Committee term to June 30, 1985. (24) (d) Resolution No. 85 -20 opposing AB Finance /. 1543 regarding transfer of parking Prkg CitRev citation revenues. Res 85 -20 (40) • Volume 39 - Page 115 CITY OF NEWPORT BEACH COUNCIL MEMBERS G \CALROLL Get � y�9 March 25, 1985 MINUTES f1JL731 3. CONTRACTS/AGREEMENTS: • (a) Award Contract No. 2467 to George Swr Bin Rplcm Dakovich & Son, Inc., for the total C -2467 price of $138,800 for Sewer Main (38) Replacement Program; authorize the Mayor and City Clerk to execute said contract; and authorize a change order with Dakovich for the replacement of approximately 3,700 square feet of asphalt alley paving with concrete paving at $5.40 per square.feet. (Report from Public Works) (b) Award Contract No. 2447 to George Wtr Mn Rplcm Dakovich & Son, Inc., for the total C -2447 price of $127,275 for Water Main (38) Replacement Program 1984 -85; and authorize the Mayor and City Clerk to execute said contract. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) To Public Works for inclusion in PW /Freeway the records, letter from Alan L. Funding Blum suggesting that before public (74) funds are expended for freeway purposes, it be put to an affirmative public vote prior to construction. (b) Removed from Consent Calendar. . (c) To Marina Park Ad Hoc Committee for Misc Rqst/ response, letters from concerned Girl Scout citizens Mary E. Hershey and House Lorelei Stabler regarding land use (52) alteration between 15th and 18th Streets, Balboa Boulevard and the Bay (Newport Girl Scout House). (d) To Aviation Ad Hoc Committee for O/C-John inclusion in the records, letters Wayne Arprt. from Gene C. Lawrence and M. A. (54) Richley, Jr., regarding Orange County -John Wayne Airport expansion. (e) To Pending Legislation and Legislation Procedural Ethics Committee, letter (48) from San Dee Frei in support for a proposed ordinance similar to that of the City of Seal Beach against trash picking. • Volume 39 - Page 116 COUNCIL MEMBERS \CALROLL 9�r � � March 25, 1985 MINUTES INDEX (f) To Parks, Beaches and Recreation PB &R Director for report back, request from Friends of Oasis President Ed (62) Williams for a Senior Citizens Council or Commission. (g) To Pending Legislation and Legislation Procedural Ethics Committee, letter (48) from City of Stanton, Mayor Jean Siriani, concerning Federal Revenue Sharing elimination from Federal Budget 1985 -86, and stating that it is the City of Stanton's position to support the renewal of revenue sharing. (h) Removed from the Consent Calendar. (i) To City Attorney for inclusion in Legislation the records, letter from Susan (48). Elaine Skinner in support of non - smoking ordinance for the City of Newport Beach. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Local Agency Formation Commission Minutes of February 6, 1985. (b) State Controller's report regarding . estimated amount to be paid to each city and county as its share of revenues from Highway Users Taxes,, Motor Vehicle License Fees, and Off- Highway Motor Vehicle License Fees. (c) Application of Paging Systems, Inc. before the California Public Utilities Commission for certificate of public convenience - and operating a radiotelephone paging system in the Los Angeles area. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Jamshid Ahmadi for indemnity Ahmadi regarding settlement awarded to plaintiff Paul T. McCauley, (Case No. 44- 83 -88) pertaining to automobile accident at intersection of SR -1 and SR -73 on June 23, 1984. Volume 39 - Page 117 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL 'SyROLL March 25, 1985 MINUTES INDEX (b) Government Employees Insurance GovtEMplIns/ Co./Richard Ardis alleging property Ardis • damage as a result of traffic accident with City truck at Irvine Avenue and Westcliff Drive on January 28, 1985.. (c) R. Keith Dinsmoor alleging late Dinsmoor penalty charge for annual mooring renewal not justified and seeking. reimbursement of $104 for penalty assessed against him on March 7, 1985. (d) Nabil and Anne Mansour alleging Mansour property damage to bathroom ceiling by City Police Department at 1863 Port Wheeler Place on March 4, 1985. (e) Mercury Casualty Co. /Brian O'Toole Mercury/ alleging property damage to vehicle O'Toole as a 'result of City's failure to make signs visible at 33rd Street and Balboa on December 19, 1984. (f) Martha Mary Rose alleging injury by Rose City Police Department on February 9, 1985. • (g) Marcia de Vries alleging property damage as a result of City truck de Vries hitting picket fence at 106 Pearl, Balboa Island on July 2, 1984. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) .James Robert Bardiau for personal Bardiau injuries, Orange County Superior Court, Case No. 44- 67 -34. Original claim was denied by City Council on June 25, 1984. (b) Cary Cox and Janine McDonald, for Cox /McDonalc personal injuries, Orange County Superior Court, Case No. 44- 89 -79.' Original claim was denied by City Council on November 13, 1984. B. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Steno Clerk I, Library Department. (b) Approve one Police Officer, Police Department. • Volume 39 - Page 118 COUNCIL MEMBERS \CALROLL � Z�9 March 25, 1985 MINUTES INDEX (c) Approve one Animal Control Officer; • Police Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from City Attorney regarding O'Donnell/ approval of airport attorney fee Gordon estimate (O'Donnell and Gordon C -2331 Contract No. 2331) for period of (38) March 1 through April 30, 1985. (b) Report from Traffic Affairs Traffic Committee regarding traffic in the (85) vicinity of Our Lady Queen of Angels School. 10. PUBLIC HEARING SCHEDULING - For April 22, 1985: (a) Engineer's report on the cost of Npt Hghts/ improving alley in block 11, first Alley Impvm addition to Newport Heights; and (b) Engineer's report on the cost of Lancaster improving alley in block 431, Adtn /Alley Lancaster's addition to Newport Impvm Beach. (Report from Public Works) (74) 11. TRACT NO. 11604/12164 - Approve proposed Trll604/ modification to agreement between J. M. Peters Co. and City of Newport Beach to 12164 provide affordable housing in Bayridge project. (Report from City Attorney) 12. UPGRADING OF THE TRAFFIC SIGNALS ON Npt Bl Trfk NEWPORT BOULEVARD AT 28th, 30th and 32nd Sgnl Upgrd Streets (C -2383) - Accept the work; C -2383 assess Liquidated Damages in the amount (38) of $12,300.00; authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded. (Report from Public Works) 13. CITY HALL PARKING LOTS (C -2446) - Accept City Hall the work; authorize the City Clerk to Parking file a Notice of Completion and release Lots the bonds 35 days after Notice of C -2446 Completion has been recorded. (Report (38) from Public Works) 14. INSTALLATION OF TWO MONUMENT Permit /Npt IDENTIFICATION SIGNS IN THE NEWPORT Ctr Dr Sign CENTER DRIVE MEDIAN NORTHERLY OF COAST (65) HIGHWAY - Authorize the Mayor and City Clerk to execute non - standard improvement agreement with The Irvine Volume 39 - Page 119 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL .0ROLL March 25, 1985 MINUTES IIN01W14 Company for the installation of two monument identification signs in the • Newport Center Drive median northerly of Coast Highway. (Report from Public Works) 15. ACCEPTANCE OF STAIRWAYS AT THEATRE ARTS Theatre Artf CENTER AND BIG CANYON RESERVOIR (C -2413) Center /Big - Accept the work; authorize the City Canyon Res Clerk to file a Notice of Completion and C -2413 release the bonds 35 days after Notice (38) of Completion has been recorded. (Report from Public Works) 16. OFFSHORE PERMIT MONITORING - Accept a OfshrMntrg proposal to conduct offshore permit Permit monitoring at L.A.3; and approve a (51) budget amendment. (Report from Marine Department) 17. HARBOR PERMIT POLICIES - Approve Harbor Perm revision to the Harbor Permit Policies Policies dealing with off - street parking (69) requirements for charter vessels. (Report from Marine Department) 18. BUDGET AMENDMENTS - For approval: (25) BA -078, $50,000 - Transfer in Budget Appropriations to provide for preparation of PS &E including R/W engineering; for widening Coast Highway • between MacArthur Boulevard and Bayside Drive; Public Works Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letter from West Newport Beach Permit/ Association regarding McFadden Square McFdn Sq Parking Meter Study, was presented. Parking (65) Motion x Motion was made to refer the subject All Ayes. letter to the City Manager's office for report back. 2. A copy of City of Garden Grove Legislation Resolution No. 6611 -85 regarding support (48) for Senate Bill 75, (1 °Deep Pocket" public agency liability lawsuits) was presented. Motion x Motion was made to refer the subject All Ayes resolution to the City Attorney for report back. • Volume 39 - Page 120 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL G�`P March 25, 1985 MINUTES I I'll al 1 H. ORDINANCES FOR ADOPTION, • 1. Ordinance No. 85 -4, being, Ord 85 -4 Community AN ORDINANCE OF THE CITY OF NEWPORT Cablevsn BEACH AMENDING ORDINANCE NO. 1891 Franchise TO EXTEND THE AREA OF A (42) NON- EXCLUSIVE FRANCHISE WITH COMMUNITY CABLEVISION COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY OF NEWPORT BEACH, was presented for second reading and adoption with report from the Executive Assistant dated March 11, 1985. The City Clerk reported that after the printing of the agenda, a letter was received from Don McNutt, President, Community Cablevision Company, correcting a statement he had made at the last City Council meeting regarding Group W Cable, Mr. Don McNutt addressed the Council and stated that he wished to apologize to Group W and the Council, and that Group W had reimbursed Community Cablevision for their share of the cost to construct the interconnect between their two • systems. James Bequette, District Manager of Community Cablevision Company, addressed the Council. and stated that in order for Community Cablevision to lay their cables in the affected area, the streets will have.to be opened and will cause residents problems, as well as long -term damage to the streets. If the ordinance under consideration is adopted, the number of large pedestal boxes, which receive the amplifier, etc., will double. Group W has committed themselves in excess of $2 million to rebuild the old Newport Beach system, which they purchased in 1981, and they are currently "into" the rebuild as reported by the staff at the last City Council meeting. Mr. Bequette indicated he felt the Council should oppose the ordinance. Motion x Motion was made to adopt Ordinance No. All Ayes 85 -4. • Volume 39 - Page 121 COUNCIL MEMBERS \CAL ROLL GAP March 25, 1985 MINUTES uincv I. CONTINUED BUSINESS: • None. J. CURRENT BUSINESS: 1. Report from City Arts Commission Arts Cmsn/ regarding ESTABLISHMENT OF A RESERVE Annual ACCOUNT FOR THE PLACEMENT OF FUNDS Festival GENERATED BY THE ANNUAL "SALUTE TO THE (24) ARTS," was presented. Motion x Motion was made to direct staff to All Ayes establish a reserve account for the placement of funds generated by the annual "Salute to the Arts;" such funds to be used upon recommendation by the Arts Commission and approval of the City Council for the purchase and placement of Art in Public Places. K. ADDITIONAL BUSINESS: None. Meeting adjourned at 12:20 a.m. • y r ATTEST: City Clerk • Volume 39 - Page 122