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HomeMy WebLinkAbout12/22/1980 - Regular MeetingPresent IXIXIx1xIXIXIX Motion A1Ayes Motion All Ayes CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: December 22, 1980 A. ROLL CALL. B. The reading of the Minutes of the Regular Meeting of December 8, 1980 was waived, and the Minutes were approved as written and ordered filed. C. The reading in full of all ordinances and resolu- tions under consideration was waived, and the City Clerk was directed to read by titles only. D. 1. Mayor Heather opened the public hearing on the Condemnation of 011 Production Property - West Newport 011 Wells (Phase II). Letters were presented from Robert A. Armstrong, President, Armstrong Petroleum Corporation and John Haskell, Vice President, Beeco, Ltd., request- ing to address the Council on this issue. A letter was presented after the printing of the agenda from C. W. Cline, Mobile Oil Corporation, also requesting to address the Council. A report was presented by Joseph Devlin, Utilities Director, wherein it was noted that the public use for which the property is to be taken is that of nonexclusive easements and personal property for oil production purposes. The location of parcels involved, as shown in Exhibit "A," are: "A, B, C, D, E and H." Parcel "AB -1," is personal property. The adoption of the resolution will be followed by the filing of an eminent domain (condemnation) action in Orange County Superior Court. An order of prejudgment possession giving the City the right to take possession of the property to be condemned will be sought. The orders for possession could become effective on January 25, 1981. The action before the Council is a finding of necessity for the lands and personal property located within and without the City limits. To make this finding, the Council must declare that it has found and determined each of the following: 1) that the public interest and necessity require the proposed project; 2) that the proposed project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and . 3) that the property described in the reso tion is necessary for the proposed pro- ject. Volume 34 - Page 301 (Prop /Cndm (73) • • Motion Ayes Noes Abstain x1xlxlxl I CITY OF NEWPORT BEACH MINUTES December 22, 1980 Pursuant to the provisions of Council Policy K -3, the Environmental Affairs Committee has evaluated the proposed project and determined thatthe propo project will not have a significant effect on the environment. Joe Devlin pointed out that the personal property had been appraised and sufficient funds have been appropriated to acquire them. Richard Del Guercio, Attorney representing Armstron, Petroleum, advised that he did not believe the City had the power or authority to acquire private prop- erty for the purpose of producing crude oil, and therefore, his client will contest the eminent domain proceedings under which said property is being acquired. Wayne Miller, representing Mobil Oil Corporation, Santa Fe Springs District Office, read a prepared statement in opposition to the proposed resolution and any attempt by the City to take immediate pos- session of the subject property. Bill Banning, President of Beeco, Ltd., stated that he was not opposed to the condemnation proceedings as they perceive the project, but he was opposed to any annexation of parcels outside the City limit. Margot Skilling addressed the Council in support of the proposal, stating that as the result of offshor drilling, the amount of tar has been greatly reduce Mayor Heather closed the public hearing. Resolution No. 9940 was adopted, authorizing and directing the condemnation of certain properties declaring the public necessity therefor; and acc ing the Environmental Documents. R -9940 2. Mayor Heather opened the continued public hearing I LCP /Land Use regarding the proposed Local Coastal Program Land (68) Use Plan and Development Policies initiated by the City of Newport Beach for the Coastal Zone. A report was presented from the Planning Department A report was presented from the Tideland Affairs Committee. A list of people for and against the University Drive Extension was presented; signed affidavits are on file in the City Clerk's office. A letter was presented from De Anza Corporation. • I I I I I I I I Volume 34 - Page 302 • Absent 0 • x CITY OF NEWPORT BEACH. MINUTES December 22, 1980 A letter was presented after the printing of the agenda from Don Haskell of Ardell Investment Company, and nine additional signed affidavits in support of and against the extension of University Drive. Mayor Pro Tem Hart was excused from the meeting at 8:20 p.m., due to illness. James Parker, Attorney, addressed the Council with respect to the Ocean Boulevard property between Jasmine and Goldenrod, Corona del Mar, as referred to on Map Page No. 18 in the Local Coastal Program Land Use Plan. He suggested the area be designated as a public park rather than public right -of -way because of its use. Mary Burton, 2920 Ocean Boulevard, Corona del Mar, read a letter from James and Florence Stoddard, 2928 Ocean Boulevard, requesting con- sideration be given to specifically recognizing the area on Ocean Boulevard between Jasmine and Goldenrod as a public park in the Land Use Plan, and advised the Council that she was also in agree- ment with the remarks of Mr. Parker and the letter of the Stoddard's. Bob Spurgeon, President, Marinapark Homeowners Association, stated that they would like to go on record as supporting the language suggested by the staff with respect to their land use designation which now reads, " Marinapark shall continue as a mobile home park until such time as that use is phased out, at which time the property shall be rezoned to the 0 -S (Open Space) District." They are also in support of the Mobile Home Overlay Zone set forth on Page 7 of the staff report. Paul Franklin, 633 Rockford Road, Corona del Mar, addressed the Council in favor of the exten- sion of University Drive, and suggested it remain in the Local Coastal Plan, thereby the final de- cision resting with the City Council. Jim de Boom, Executive Director, Y.M.C.A., suggestei an Environmental Impact Report be done on the proposed University Drive Extension prior to.any decision by the City Council. Hal Thomas, Planning Commissioner, stated he felt the Local Coastal Program Land Use Plan represents the best possible compromise between the variety of interests within the City, and gives the City an opportunity to go forward with local control. He also responded to a memorandum from the City Manages with respect to the transportation plan and public trust fund. Roland Vallely, 508 S. Bay Front, Balboa Island, addressed the Council regarding property at the corner of Palm and Edgewater. He referred to Page 10 of the Land Use Plan, Items 1, 4 and 6, and stated that he was opposed to any type of easement on his property. He stated that he felt the items conflicted with one another, and suggested Item 6 be eliminated from the plan. Volume 34 - Fage 303 • • Motion All Ayes • CITY OF NEWPORT BEACH MINUTES John Vallely also addressed the Council regarding Items 4 and 6 on Page 10 and concurred in the sug- gestion that Item 6 be deleted. He stated that he felt Item 5 was adequate. John Jakosky, 1718 Terrapin Way, inquired as to whether all major issues would be discussed at this time or whether the item will be continued to a future meeting. Mayor Heather responded that inasmuch as Mayor Pro Tem Hart was not in attendance, and had requested the public hearing be continued, said hearing would be continued to January 12, 1981. John Curci, 2020 Marlin Way, stated that he was in support of the Land Use Plan as rewritten. He also commented on the subject of access. Hank Hill addressed the Council regarding property at 2431 W. Pacific Coast Highway. He referred to Page 10, Item 5, of the Land Use Plan regarding Public Access, and stated he would hope that the word "adequate" would be defined so as not to be interpreted as "total." Margot Skilling referred to Page 15 of the Local Coastal Plan and expressed her opposition to the proposed location for a shuttle parking lot. Bill Blurock, 2300 Newport Boulevard, referred to Item 6, Page 10, of the Local Coastal Plan, and suggested the word "continuous" be deleted from the paragraph. Councilman Hummel referred to: Page 23 - Development of Coastal Bluff Sites Page 24 - 1 -b. - Grading of Bluffs Page 26 - Coastal View Areas Page 48 - Corona. del Mar State Beach Councilman Hummel requested the staff include in Local Coastal Plan all undeveloped property which contiguous or part of the State reserve. Councilman Maurer referred to Page 26, E. 1. a., Coastal View Areas, which the City Manager noted was addressed by the staff in their report on Page 5, 7 -c. The City Manager also advised that subject property owner would be notified prior to the January 12 meeting. - Mayor Heather continued the public hearing to January 12, 1981, after no one else desired to be heard. Volume 34 - Page 304 • Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES 3. Mayor Heather opened the continued public hearing on the appeal of Dr. Raymond J. Dern, from the decision of the Planning Commission action of October 9, 1980, denying Use Permit No. 1955, a request of Dr. Raymond J. Dern to expand a non- conforming medical office to permit the conversion of an existing residential apartment into a dentist's office on property located at 601 Irvine Avenue, on the northwesterly corner of Irvine Avenue and 15th Street in Newport Heights, zoned R -1. A report from the Planning Department dated November 24, 1980, was presented. A letter from the appellant dated October 17, 1980, was presented. Dr. Raymond J. Dern, 601 Irvine Avenue, stated that he felt the reasons for denial by the Plan- ning Commission were very general, and that he took exception to the statement that the proposed use would be detrimental to the health, safety and welfare of the community. N Dr. Dern addressed the Council in support of his appeal as set forth in his letter of October 17, 1980. A discussion followed pertaining to parking spaces, in which it was noted that six parking spaces are required for the present use, and seven parking spaces for the proposed use, which if granted, would mean that some landscaping would have to be eliminated to provide for the additional parking space. Carolyn Fisher, property owner adjacent to Dr. Dern, addressed the Council in opposition to the proposed use permit. She referred to letters on file with the Planning Commission, as well as a petition, also in opposition to said use. Mayor Heather closed the public hearing. Mayor Heather advised that she had been requested by Mayor Pro Tem Hart to convey to the Council that she was not in favor of the appeal, and that had she been present at this hearing, she would have voted against the appeal. The decision of the Planning Commission was sus- tained and the appeal of Dr. Raymond J. Dern was denied. Volume 34 - Page 305 UP 1955 (88) J Motion All Ayes • x Motion x Ayes x x x Noes x x x Absent x Motion x All Ayes • CITY OF NEWPORT BEACH MINUTES 0A 4. Mayor Heather opened the public hearing.on the proposed vacation and abandonment of a public utility easement lying on the northerly side of E1 Capitan Drive within the southerly 16 feet of Lots 8, 23, 24, 37 and 38 of Tract No. 9860 as shown on the attached sketch. A report from the Public Works Department was presented. The public hearing was closed after it was deter- mined that no one desired to be heard. Resolution No. 9941 was adopted, ordering the vacation and abandonment of a public utility easement lying on the northerly side of E1 Capitan Drive, and the City Clerk was directed to have said resolution recorded by the County Recorder. 5. Mayor Heather opened the public hearing regarding proposed Ordinance No. 1872, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 19.16.010; 19.16.020; 19.16.100(e); 19.16.130; 19.16.140; 19.16.150; 19.16.200; AND ADDING SECTION 19.16.145 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE DELETION OF REVIEW AND APPROVAL OF FINAL TRACT MAPS BY THE PLANNING COMMISSION, Planning Commission Amendment No. 553, a request initiated by the City of Newport Beach to consider an amendment to Title 19 of the Newport Beach Municipal Code as it pertains to deleting the review and approval of Final Tract Maps by the Planning Commission, and the acceptance of an Environmental Document. A report from the Planning Department was pre- sented. A report from the City Manager was presented. The public hearing was closed after it was deter- mined that no one desired to be heard. Ordinance No. 1872 was disallowed. In view of the foregoing action, the hearing was reopened and continued to January 12, 1981, when a full Council.will be present. E. ORDINANCES FOR ADOPTION: None. Volume 34 - Page 306 Vac /Esmt E1 Capitan Drive (90) R -9941 0 -1872 P/C Amnd 553 (84) Motion Ayes Noes Absent Motion Ayes Ab sin A *t ®0©© ©e Motion Ayes x Absent I x I x Ix 1XI x X Ix I Motion All Ayes CITY OF NEWPORT BEACH MINUTES December 22, 1980 F. CONTINUED BUSINESS: 1. A report from the City Manager regarding increasing the Transient Occupancy Tax, was presented. Mayor Heather indicated she would like additional information as to the impact of the proposed increase on residential rental units, and suggested the entire issue be deferred to a future meeting. The City Attorney was directed to prepare the necessary documents for a special election to be held June 2, 1981, for consideration at the January 26, 1981 Council meeting, at which time, the amount of the proposed increase will also be considered. G. CURRENT BUSINESS: 1. A report from the Planning Department concerning City Council review of the City's application for Clean Water Bond Funding of sedimentation controls for the Upper Newport Bay, was presented. Robert Shelton of The Irvine Company, reported that they were aware of the language in the subject application, and were looking forward to working cooperatively with the City and other public agencies involved. Resolution No.' 9942 was adopted, authorizing the City Manager to submit the final application to the State Water Resources Control Board for Clean Water Bond Funds to construct sedimentation controls for Upper Newport Bay. 2. A report from the Public Works Department regarding the proposed vacation of alley lying in the 1700 Block of West Balboa Boulevard, southerly side of Balboa Boulevard lying between Lots 17 and 18, .Block 17, Section B., Newport Beach, was presented. Resolution No. 9943 was adopted, adopting a map showing the alley lying in the 1700 block of West Balboa Boulevard which is proposed to be vacated, closed and abandoned; and Resolution No. 9944 was adopted, declaring Council' intention to vacate, close and abandon the alley lying in the 1700 block of West Balboa Boulevard, and setting a public hearing for January 26, 1981. 3. Appointments to the Citizens Advisory Committees for a one -year term expiring December 31, 1981: Bicycle Trails Citizens Advisory Committee (District 6) Councilman Hummel's reappointment of Elana Peters was confirmed. Remaining appointments were deferred to January 12, 1981. Volume 34 - Page 307 Fin /Trans Occupancy Tax (40) Upper Npt Bay /Clean Wtr End Funding (51) R -9942 Vac /Alley West Balboa (90) R -9943 R -9944 CAC (24) Motion 4Ayes Motion All Ayes u Motion All Ayes x CITY OF NEWPORT BEACH MINUTES Environmental Quality Citizens Advisory Committee The following appointments were confirmed: (District 1) Councilman Strauss' reappointment of Judith Shelton. (District 2) Councilwoman Plummer's reappoint- ment of David Goff. (District 4) Mayor Heather's reappointment of Jerry King and Robert Hopkins. (District 6) Councilman Hummel's reappointment of Judy Cooper and Ron Kennedy. Remaining appointments were deferred to Januar,. 12, 1981. Litter Control Citizens Advisory Committee The following appointments were confirmed: (District 1) Councilman Strauss' reappointment of Carol McDonald and Ann Iverson. (District 2) Councilwoman Plummer's reappoint- ment of Marjorie Pantzar. (District 4) Mayor Heather's reappointment of LaVerne Schvarz. Remaining appointments were deferred to January 12, 1981. )ortation Plan I (District 1) Councilman Strauss' reappointment of Jean Harrington. . (District 2) Councilwoman Plummer's reappoint- ment of Sam Osadche. (District 6) Councilman Hummel's appointment Donald Dudzik. Remaining appointments were deferred to Janu 12, 1981. Technical 011 Advisory Committee - Council appointees (4 year term): Appointments were deferred to January 26, 19811 and the staff was requested to submit addition- al information as to its current members. Volume 34 - Page.308 Motion All yes • ix CITY OF NEWPORT BEACH MINUTES H. CONSENT CALENDAR: The following actions were taken as indicated except for those items removed: 1. ORDINANCES FOR INTRODUCTION - For introduction and set for public hearing on January 12, 1981: (a) Proposed Ordinance No. 1873, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP.NO. 24 TO RECLASSIFY FROM THE C -1 -H AND R -1 DISTRICTS TO THE 0 -S (OPEN SPACE) DISTRICT CERTAIN PROPERTY LOCATED AT 1801 BAYSIDE DRIVE (BALBOA YACHT CLUB - AMENDMENT NO. 555), Planning Commission Amendment No. 555, a request of the Balboa Yacht Club, Corona del Mar, to amend a portion of Districting Map No. 24 and reclassify from the C -1 -H and R -1 Districts to the Open Space District (0 -S), certain property located at 1801 Bayside Drive, on the southwesterly side of Bayside Drive, more commonly known as the Balboa Yacht Club, and the acceptance of an Environmental Document. (A report from the Planning Depart- ment) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9945 declaring the City's intent to prohibit the construction of'- perma- nent buildings and structures within the proposed right -of: -way for the Santa Ana River Federal Flood Control Project. (A report from the Planning Department) (b) Resolution No. 9946 authorizing the Mayor and City Clerk to execute an Amendment to Agreement between the City of Newport Beach and Universal Building Maintenance Company in connection with an. increase of compensation for janitorial services at the Police Department. (A report from the City Manager) (c) Resolution No. 9947 authorizing the Mayor and City Clerk.to execute an Amendment to Agree- ment between the City of Newport Beach and Universal Building Maintenance Company in connection with an increase of compensation for janitorial services at the Branch Librar- ies. (See report with Item H -2(b)) (d) Resolution No. 9948 authorizing the Mayor and City Clerk to execute a lease agreement with Sperry- Univac in connection with System -80 `Computer. (A report from the City Manager) 11111 111 Volume 34 - Page 309 0 -1873 Zone Amnd (94) P/C Amnd 555 Planning R -9945 (68) Universal Bldg Mntnc R -9946 C -2049 (38) Universal Bldg Mntnc R -9947 C -2049 (38) Sperry -Unve System -80 R -9948 C -2234 (38) • • • • CITY OF NEWPORT BEACH MINUTES (e) Resolution No. 9949 authorizing the creation of two (2) Data Entry Operator positions and one (1) Systems Analyst position, the reclassi- fication of one (1) Key Punch Operator to Data Entry Operator, and amending the Compensation Plan and Table of Authorization to reflect said changes. (See report with Item H -2(d)) (f) Resolution No. 9950 increasing the salary range for the Assistant to the City Manager and amending the Compensation Plan and Table of Authorization to reflect said increase. (A report from the City Manager) (g) Removed from the Consent Calendar. (h) Resolution No. 9951 awarding a contract to the Steve Richey Company in connection with the sewer main and water main replacement program (Cliff Haven Sanitary Sewer and Water Main, Phase I - C- 2139). (A report from the Public Works Department) (i) Resolution No. 9952 initiating annexation proceedings and setting a hearing thereon. (A report from the Utilities Department) (j) Resolution No. 9953 giving notice of termina- tion to Kern County Refinery, Inc., of exist- ing Oil Purchase Agreement and authorizing staff to negotiate new oil purchase agreement (A report from the Utilities Department) 3. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To the Transportation Plan Citizens Advisory Committee for inclusion in their ongoing study, a letter from the West Newport Beach Improvement Association concerning expenditure of funds on certain street improvements. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) An order instituting investigation before the Public. Utilities Commission for the purpose of establishing a :List for the fiscal year 1981- 82 of existing and proposed crossings at grade of city streets, county roads or state high- ways most urgently in need of separation, elimination of grade crossings, or existing separations in need of alterations in accor- dance with Section 2452 of the Streets and Highways Code. (On file in the City Clerk's office) (b) A letter from the West Newport Beach Improve- ment Association stating that their Board of Directors endorses the Planning Commission and the majority of the Parks, Beaches & Recrea- tion Commission in their recommendation to delete the Ocean Front sidewalk /bikeway from the City's Local Coastal Plan. (Attached) Volume 34 - Page 310 Personnel R -9949 (66) Personnel R -9950 (66) Clf /Hvn Swr Mntnc R -9951 C -2139 (38) Oxbow Annx R -9952 (21) Oil Punch Agreement R -995.3 (73) St /Impvms (82) CITY OF NEWPORT BEACH C UNCI MINUTES ROLL CALL December 22 1980 INDEX Volume 34 - Page 311 (c) A letter from the Los Angeles County Board of Supervisors urging the Legislature to pass legislation requiring fire retardant roofing • in new construction statewide. (Attached) (d) A letter from Al "King Alfonso" Lizanetz regarding his ongoing campaign against the Seagram Family. (e) Minutes of the Friends of Oasis Board Meeting of November 17, 1980. (Attached) (f) Minutes of the Local Agency Formation Commis- sion for Orange County for November 12 and 26, 1980. (Attached) (g) Minutes of Orange County Division - League of California Cities of November 13, 1980; tenta- tive Agenda for January 8 meeting with attach- ed summary. (Attached) (h) Agenda of Orange County Board of Supervisors meetings of December 9,•10, 16 and 17, 1980. 5. CLAIMS FOR DAMAGES: - For denial and confirmation (36) of the City Clerk's referral to the insurance carrier: (a) Claim of Bertha J. Willacy for personal injur- Willacy ies sustained on October 23, 1980, from fall due to an allegedly broken sidewalk,at 2404 • Newport Boulevard. (b) Claim of George and Mary Santoro for property Santoro damage sustained on October 31, 1980, as the result of an alleged automobile accident involving a police vehicle on Newport Hills Dr. at East Gate. (c) Claim,of Hernan. Posnansky for personal injur- Posnansky ies sustained on Coast Highway, as a result of alleged physical assault by a police officer. (d) Claim of Jennifer Jo Whitehead for personal Whitehead injuries sustained on September 10, 1980, on Newport Beach, as the result of alleged physi- cal assault by a police officer. (e) Claim of Roger Van Beek for personal injuries Van Beek sustained on September 4, 1980, in Pacific Ocean between Newport and Huntington Beach, when he struck a rock under surface of water, which was not visible. 6. SUMMONS AND COMPLAINTS: -.For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of Armstrong Petroleum Armstrong Corporation for Declaratory Relief on Written Petroleum • Contract. (b) Summons and Complaint of Frank Lopez for Lopez personal injuries allegedly sustained due to an automobile accident involving a City Para- medic van. Volume 34 - Page 311 is • CITY OF NEWPORT BEACH MINUTES December 22, 1980 (c) Summons and Complaint of Pacific Mutual Life Insurance Company for refund of taxes. (d) Summons and Complaint of'Marius Badea for personal injuries, Case Flo. 34- 65 -12. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (A report from the City Manager) (a) One Utilities Specialist, Utility Department, to fill a vacant position. (b) Two Laborers, General Services Department, to fill vacant positions. (c) One Groundsman - Gardner I, Parks and Recreation Department, to fill a vacant position. (d) Two Data Entry Operators, Finance Department, to fill newly created positions. (e) One Systems Analyst, Finance Department, to fill a newly created position. 8. STAFF AND COMMISSION REPORTS: None. 9. PUBLIC HEARING SCHEDULING - Set for public hearing on January 12, 1981: (a) Planning Commission Amendment No. 556, a proposed amendment to the Planned Community Development Plan for Harbor View Hills to delete reference to the two -story limit for residential construction and to change the height limit of thirty -five feet to thirty -two feet, and the acceptance of an Environmental Document. The Harbor View Hills Planned Community is bounded by Ford Road on the north, the City boundary on the east, San Joaquin Hills Road on the south, and MacArthur Boulevard on the west. (A report from the Planning Department) 10. EXPENSE ACCOUNT - Approval of Mayor Heather's ex- pense account in the amount of $516.04 (includes u of Conference Room by Council) - League of Cali- fornia Cities Los Angeles Conference, October 19 - 21, 1980. 11. ACCEPTANCE OF STORM DRAINS ON VIA LIDO NORD AT VIA GENOA AND VIA KORON (C -2149) - Acceptance of the work; authorize the City Clerk to file a Notice of Completion, and authorize the City Clerk to release the bonds 35 days after the:Notice of Completion ha been filed. (A report from the Public Works Depart ment) 12. MAIN STREET -BAY AVENUE SEWER PUMP STATION (C -2216) Rejection of all five bids received on November 25, 1980 to construct the proposed Main Street -Bay Avenue sewer pump station; and direct the staff to reanalyze the project. (A report from the Public Works Department) Volume 34 - Page 312 PacMut /Ins Badea (66) PCD P/C Amnd 556 (94) Budget Amnd (25) Strm Drns VLido Nord/ VGenoa 6 VKoron C -2149 (38) Main St /Bay Av Swr /Pmp Station C -2216 (38) • Motion All Ayes • Motion All Ayes Ix CITY OF NEWPORT BEACH MINUTES December 22, 1980 13. PETITION FOR ALLEY PAVING IN THE BLOCK BOUNDED BY FERNANDO STREET, CYPRESS STREET, BAY AVENUE AND EDGEWATER AVENUE - Denial, at this time, of the petition for paving of the subject alleys. (A report from the Public Works Department) 14. MAINTENANCE DREDGING APPLICATION - Approval, in conjunction with conditions of approval listed in the general permit issued to the City by the Corps of Engineers, application 116 -1136 of Earl Dexter, 1136 West Bay Avenue. (A report from the Marine Department) 15. LITTER CONTROL CITIZENS ADVISORY COMMITTEE - Accep- tance of the resignation of Pat Strang with regret, direction to the City Clerk to prepare a Certificate of Appreciation (vacancy noted on Committee List). (Letter of resignation attached) 16. BUDGET AMENDMENTS - For approval: BA -046, $3,600.00 increase in Revenue Estimates for Reserve for Newport Irvine Associates contributions toward Circulation and Transportation Improvements; Contribution Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed resolution authorizing continued retention of Walter E. Gillfil.lan to perform consulting services for City of Newport Beach - John 'Wayne Airport, was deferred to January 12, 1981; and the City Attorney was directed to report back with additional information as to the status of the cur- rent agreement, scope of work and for what period of time, who administers the contract and authorize the services, etc. 2. A letter from Thomas W. Henderson, Jr., of the law firm of Lippold, Henderson and Dinsmoor, was recommended for referral to staff for reply, de- clining the appeal regarding Kings Road /Kings Place Height Limit Decision:' Action regarding the letter was deferred to January 12, 1981, for a report from the City Attor- ney. J. ADDITIONAL BUSINESS: 1. Jill Lindsay, Newport Heights, addressed the Council in protest to methods of animal control, relaying a recent incident involving her sheep dog. The staff was requested to investigate the incident and report back, Volume 34 - Page 313 A11ey.Pvg (82) Maint /Dredg (51) CAC (24) (25) . OC Airport/ Gillfillan (58) Planning (68) Police/ Animal Cntrl (70) CITY OF NEWPORT BEACH MINUTES Motion x 2. Resolution No. 9954 was adopted, p supporting the OC Airport/ All Ayes issuance of a variance for the continued operation John Wayne of John Wayne Airport, with the imposition of R -9954 conditions to reduce noise impacts. (58) The City Council adjourned in memory and honor of Isabel C. Pease, 211 Evening Canyon Road, Corona del' Mar. The meeting was adjourned at 11:00 p.m. ATTEST: 0 11111111 Volume 34 - Page 314